Can we switch from tier 4/tier 4 dependent to T1 Entrepreneur

[Mei]

My husband is doing graduate degree in uk. I am dependent to his visa. It seems to me he can switch in uk to T1 50k route, but not 200k? But I am not clear if I can switch to T1 200k from uk? Do we have to go back to our xou try to apply for T1 200k? Many thanks in advance.

[marcnath]

Yes, you need to apply from outside UK for the 200K route

[Mei]

Thanks for quick reply.

[zimba]

No you cannot switch to Tier 1E as a main applicant in the UK when holding a PBS dependant visa. You need to apply for entry clearance from home

[Mei]

Thank you all for replies. I receive so many different advices from solicitors so would like to come back to this forum for more advice.

1. My husband is finishing his MBA in UK. I am on PBS dependent visa. Visa expires on 31/3/18.
2. I understand if either of us apply for Tier 1 E visa with own fund 200k, both of us have to go back to home country to apply.
3. I just got an advice that we still can create a company, get UKTI (now is DIT) endorsement with 50k own fund. I thought this route has been closed. Please help to confirm.
4. If No. 3 is still valid, can anyone shed light on how to get DIT's endorsement. How hard is it? We thought we must have a genius business idea to win UKTI's signature so didn't look at it at all.
5. Can my husband, holding main applicant tier 4 visa, switch to T1E in uk?

Million thanks.

[marcnath]

The criteria to switch from Tier 4 to Tier 1 is (directly from the guidance document)
Switching from Tier 4 (General)/Tier 4 (Child) routes
30. If you are in the UK with permission to stay as a Tier 4 (General) Student/Tier 4 (Child) Student,
you can only make an initial Tier 1 (Entrepreneur) application in the United Kingdom with access to not less than £50,000 from:
 one or more UK Seed Funding Competitions, listed as endorsed on the Department for International Trade (DIT) pages of the GOV.UK website, or
 one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK.

You can't depend on your own funds to meet the 50K requirement.

Call up DIT - they are always busy but if you can get to talk to one of the business advisers, they are generally helpful and keen to further start-ups.
How easy or difficult depends on what ideas you have, your qualifications, what value they feel the business will add to their objectives of promoting UK.
It may always be easier if you are willing to start up in Wales or Scotland rather than London.

[Mei]

Thank you. So in case my husband applies for 200k visa, he has to leave uk, and all of us dependents have to go? And if I will be main applicant for 200k, he and children can stay till end of his student visa?

[marcnath]

Correct