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Tier 2 Settlement (Tier2>Tier1>Tier2)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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marcnath
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Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by marcnath » Sun Nov 05, 2017 1:51 pm

sindhoo wrote:
Sun Nov 05, 2017 12:59 pm

Thanks for your quick reply again. My only problem was not doing investment. I had employees and other criteria fulfilled.
I don't know this Tier 1 Ent paperwork is too much that is why I switched to Tier 2. It seems to me now that I am applying for Tier 1 Ent extension but in reality it is settlement based on the Tier 2 General route.
ok. So if I understand it right, you showed 50K of personal money when you applied for the Visa. But you did not actually have that money or were unable to invest them ? At least two years of employees should have required money to be invested ?
You only need to show that you met the conditions of your T1E visa, so the employment, business registration, etc. are not needed as they are criteria for extension. But maintaining access to your funds and not taking other employment were conditions of your initial grant of T1E visa.

You have two options:

1) For the evidence of your T1E visa, just provide the copies of your visa approval, biometric, etc and hope UKVI does not check in greater detail. But I rate the chances low.
2) Wait for 5 years on your T2 and go for ILR
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

sindhoo
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Posts: 110
Joined: Fri Feb 14, 2014 9:36 pm

Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by sindhoo » Sun Nov 05, 2017 2:31 pm

marcnath wrote:
Sun Nov 05, 2017 1:51 pm
sindhoo wrote:
Sun Nov 05, 2017 12:59 pm

Thanks for your quick reply again. My only problem was not doing investment. I had employees and other criteria fulfilled.
I don't know this Tier 1 Ent paperwork is too much that is why I switched to Tier 2. It seems to me now that I am applying for Tier 1 Ent extension but in reality it is settlement based on the Tier 2 General route.
ok. So if I understand it right, you showed 50K of personal money when you applied for the Visa. But you did not actually have that money or were unable to invest them ? At least two years of employees should have required money to be invested ?
You only need to show that you met the conditions of your T1E visa, so the employment, business registration, etc. are not needed as they are criteria for extension. But maintaining access to your funds and not taking other employment were conditions of your initial grant of T1E visa.

You have two options:

1) For the evidence of your T1E visa, just provide the copies of your visa approval, biometric, etc and hope UKVI does not check in greater detail. But I rate the chances low.
2) Wait for 5 years on your T2 and go for ILR
I had money available back in my home country bank account . I did some initial investment by putting refurbished equipment from my pocket (which invoices are here and there and I might not find them) . I brought some money from back home into my personal bank account and some to my family members account .

On the day when I switched my Visa to Tier 2 General all the money was in my personal bank account + the initial equipment investment in my company . It is just hard to explain and bring all the paperwork in place.

Regarding waiting 5 years on Tier 2 , I can't do that as I already spent 1.5 years on Tier 2 General and Tier 2 General maximum visa is for 6 years.

1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months)


So I can spend only now 4.5 years on T2 General and after that I think I still have to face this Tier 1 Ent part . Confused now .

sindhoo
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Posts: 110
Joined: Fri Feb 14, 2014 9:36 pm

Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by sindhoo » Sun Nov 05, 2017 4:16 pm

In the Tier 1 Policy guide it says :Tier 1(Entrepreneur) Policy Guidance version 04/2017 - Page 44 :

https://www.gov.uk/government/uploads/s ... 4_2017.pdf

Genuine Entrepreneur Test – Extension Application
From 6 April 2015, if you are making an extension application, you will be subject to a genuine
entrepreneur test. We must be satisfied that you:
 have established, taken over or become a director of one or more genuine
businesses in the UK, and have genuinely operated that business;
 have genuinely invested the money referred to in Table 5 of Appendix A into one or
more genuine businesses in the UK;
 intend to continue operating one or more businesses in the UK; and
 do not intend to take employment other than under the terms of paragraph 245DE
of the Immigration Rules.

We will take into account the following:
 the evidence that you submit;
 the viability and credibility of the source of the money referred to in Table 5 of
Appendix A;
 the credibility of the financial accounts of the business or businesses;
 the credibility of your business activity in the UK;
 the credibility of the job creation for which you are claiming points;
 if the nature of the business requires mandatory accreditation, registration and/or
insurance, whether that accreditation, registration and/or insurance has been
obtained; and
 any other relevant information.
We reserve the right to request additional information to support the assessment of the application,
and to refuse the application if the evidence is not provided. Any requested documents must be
received by us at the specified address within 28 calendar days of the date of request.
Please Note: If we are not satisfied that you have met the test, in relation to a points-scoring
requirement in Appendix A of the Immigration Rules, those points will not be awarded.
We may decide not to carry out the above assessment if the application falls for refusal on other
grounds, but we reserve the right to carry out this assessment in any reconsideration of the
decisions.
You must comply with any request we made for you to attend an interview, unless a reasonable
explanation is provided as to why you cannot comply.


Claiming points for attributes – Extension Applications
Investment of funds
139. You must show that either the full amount of £200,000 or of £50,000 if appropriate, in cash
has been invested in business in the UK.
140. If you provided evidence of the funds as part of your last successful application you do
not need to provide that evidence again.
141. We recognise that, as an entrepreneur, you may have moved on to other activities and
no longer be involved in the business in which you initially invested, but we still require this
evidence to show that the money was invested.
142. If you entered the Tier 1 (Entrepreneur) category as part of an entrepreneurial team, both
team members can use the same evidence for creating employment.
143. Please note: If you are relying on funds invested in a business, any money you have
already ‘spent’ for business purposes must be shown as investment in your financial accounts.

144. The amount of money invested should not:
 include the value of any residential accommodation or property development or
property management; or
 be in the form of a director’s loan, unless it is unsecured and is subordinated in favour
of the third-party creditors.

Please correct me if I am wrong based on this , should I take that Genuine Ent test is for extension and was for initial application .

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marcnath
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Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by marcnath » Sun Nov 05, 2017 5:33 pm

sindhoo wrote:
Sun Nov 05, 2017 2:31 pm

I had money available back in my home country bank account . I did some initial investment by putting refurbished equipment from my pocket (which invoices are here and there and I might not find them) . I brought some money from back home into my personal bank account and some to my family members account .

On the day when I switched my Visa to Tier 2 General all the money was in my personal bank account + the initial equipment investment in my company . It is just hard to explain and bring all the paperwork in place.

Ok. So waiting 5 years for T2 is not possible.

Hopefully you have or can get your personal bank statements at the time you switched to T2. And you should have the company accounts you filed at the time. Together, if you can show that you had 50K at the time of visa change, it might work.

As I said before, you can try to just apply showing your visa documents as proof and get the rest of the paperwork in place in case they ask for it. You will get a few days to put those documents together at that time. I think the biggest concern they would have if you had taken some other employment.

And to your next post, genuine entrepreneur test is for extension of T1E, so it should not be of concern for your ILR on the basis of T2 now.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

sindhoo
Member
Posts: 110
Joined: Fri Feb 14, 2014 9:36 pm

Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by sindhoo » Sun Nov 05, 2017 6:05 pm

marcnath wrote:
Sun Nov 05, 2017 5:33 pm

Ok. So waiting 5 years for T2 is not possible.

Hopefully you have or can get your personal bank statements at the time you switched to T2. And you should have the company accounts you filed at the time. Together, if you can show that you had 50K at the time of visa change, it might work.

As I said before, you can try to just apply showing your visa documents as proof and get the rest of the paperwork in place in case they ask for it. You will get a few days to put those documents together at that time. I think the biggest concern they would have if you had taken some other employment.

And to your next post, genuine entrepreneur test is for extension of T1E, so it should not be of concern for your ILR on the basis of T2 now.
Thank you for all your input , no one was able to answer my questions before.

1) My old bank statement from back home(overseas) when I initially applied for Tier 1 Ent visa.
2) Show personal bank statement with most of the money + initial investment of my equipment into company = total investment money
3) P60
I never had any other employment . I was getting paid from my business only so putting P60s.
4) Company house documents

Wish me luck

I will go for premium service not postal application.

Any other input.

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marcnath
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Posts: 6493
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Location: Milton Keynes
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Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by marcnath » Sun Nov 05, 2017 6:17 pm

sindhoo wrote:
Sun Nov 05, 2017 6:05 pm


Thank you for all your input , no one was able to answer my questions before.

1) My old bank statement from back home(overseas) when I initially applied for Tier 1 Ent visa.
2) Show personal bank statement with most of the money + initial investment of my equipment into company = total investment money
3) P60
I never had any other employment . I was getting paid from my business only so putting P60s.
4) Company house documents

Wish me luck

I will go for premium service not postal application.

Any other input.
That should work but you may not need the investment documents unless asked.

The reason is that the conditions of the T1E visa, as set out in the immigration rules is :
245DC. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and four months and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
(iv) no employment as a professional sportsperson (including as a sports coach).
(v) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

The condition to maintain access to the funds seems to be more applicable for as long as you have T1E visa, which is not your case. They should have checked it when they granted you the T2 Visa (they could have curtailed your T1E visa at that time resulting in the T2 visa getting refused). But now that you are already on T2, I think it is less applicable.
So, as long as you can show you have not violated Section 245DC, you should be ok.
But keep the investment documents in hand.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

sindhoo
Member
Posts: 110
Joined: Fri Feb 14, 2014 9:36 pm

Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by sindhoo » Sun Nov 05, 2017 7:25 pm

marcnath wrote:
Sun Nov 05, 2017 6:17 pm
That should work but you may not need the investment documents unless asked.

The reason is that the conditions of the T1E visa, as set out in the immigration rules is :
245DC. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and four months and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
(iv) no employment as a professional sportsperson (including as a sports coach).
(v) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

The condition to maintain access to the funds seems to be more applicable for as long as you have T1E visa, which is not your case. They should have checked it when they granted you the T2 Visa (they could have curtailed your T1E visa at that time resulting in the T2 visa getting refused). But now that you are already on T2, I think it is less applicable.
So, as long as you can show you have not violated Section 245DC, you should be ok.
But keep the investment documents in hand.
Excellent useful information. Yes will have extra documents in hand in case they ask for it .Fingers crossed , will give it a try. Once again thank you for taking the time and explaining me all this .

sindhoo
Member
Posts: 110
Joined: Fri Feb 14, 2014 9:36 pm

Re: Tier 2 Settlement (Tier2>Tier1>Tier2)

Post by sindhoo » Tue Nov 28, 2017 11:28 pm

With the grace of Allah wish is granted . Don't follow my foot steps if someone is successful getting positive decision doesn't mean rest of the people will get as well . It depends on case and caseworker.

I submitted all my Tier 1 Entrepreneur documents as proof . I had 200k in my bank account and also I also had 7 employees employed by me when I was on Tier 1 Entrepreneur visa.

I would like to thank all the moderators and all the people who helped me answering my questions. This forum is best. Keep up the good work.

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