Non visa national in country looking to switch to Tier 1

[borderbob]

Hi everyone,

I think I may have a strange case, and if anyone has any experience or ideas, it would be most appreciated. I have scoured the UKVI website, the Immigration Rules, the guidance notes, and consulted an Immigration Lawyer. But I am still not clear on whether I am eligible for the following:

Situation:
- Non visa national currently in UK on 6 month leave to enter
- Have helped my partner (UK citizen) start a business here in UK (Ltd company, registered with Companies House Nov 2016)
- I have been a co-Director since the inception of the company
- Have provided funding for business over last 11 months that is approaching £50k
- Funding sources can be clearly shown from overseas investments to UK, to the business
- Have re-entered UK as non visa national and granted 6 month entries several times, but have never overstayed and can demonstrate that I have been supporting myself (and my family - partner/baby, both UK citizens) from my own funds and without working or recourse to public funds

My question:
Should the funding that I have provided to the business exceed £50k within 12 months of making an application, am I eligible to apply to switch to a Tier 1 (Entrepreneur) visa?

References:

1.(a) Eligibility to switch. From UK Visas and Immigration point 9:

You can apply to switch to this visa if you meet the eligibility requirements and you’re already in the UK under one of the following categories:
..
- a visitor who has been carrying out permitted activities as a prospective entrepreneur

1.(b) As a non visa national, I am permitted to carry out the same activities as someone who has entered on a Standard Visitor Visa, per the UKVI website here:

Check the full list of what you can do - it’s the same as what you can do on a Standard Visitor visa.

1.(c) The 'permitted activities' a Standard Visitor Visa holder can undertake are listed in the Immigration Rules Visitors Appendix 3 which states:

All visitors are permitted to undertake the activities listed in paragraphs 3 – 27 of this Appendix provided they meet the requirements at V 4.5- V 4.8.

and paragraph 8 (so within 3-27) is:

Prospective Entrepreneur
8 A visitor who can show support from:
(a) one or more registered venture capitalist firms regulated by the financial conduct authority; or
(b) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on www.gov.uk/government/publications/entr ... -in-the-uk; or
(c) one or more UK Government Departments; may come to the UK for discussions to secure funding from one of the above sources which they intend to use to join, set up or take over a business in the UK.

So technically my leave to enter grants me the ability to carry out activities that include paragraph 8 above?

2.) Funds eligibility. UK Visas and Immigration website Point 4 states:

You can also apply if you’ve already invested £50,000 in a UK business. You must have invested the funds less than 12 months before you apply.

But I cannot find clarification of what that means, whether the funds must come from a certain source, whether the way they have been invested is stipulated.

Summary
The actual rules/legislation, do not seem to (from my untrained eye!) provide any clarity as to some of the statements made on the UKVI site. I also wish to obtain clarity as to how this works with the points system outlined in Immigration Rules, Appendix A: attributes and whether I do (or can) meet the requisite points score with prior investment in a UK company.

I know this is a very specific situation, but any help would be greatly appreciated. Tips, hints, pointers to documentation I might have missed all welcome.

Many thanks in advance!

(Please - I know it probably seems like a Family Visa is more appropriate, and I have researched that pathway extensively. But this Tier 1 pathway is much simpler, and carries much less impact to my family, than the Family route, given our circumstances. Should I be eligible.)

[marcnath]

First, you do realise that you will need to apply for the T1E from your home country. You definitely cannot apply from within the UK.

Now for the rest.

Situation:
- Non visa national currently in UK on 6 month leave to enter
- Have helped my partner (UK citizen) start a business here in UK (Ltd company, registered with Companies House Nov 2016)
- I have been a co-Director since the inception of the company
- Have provided funding for business over last 11 months that is approaching £50k
- Funding sources can be clearly shown from overseas investments to UK, to the business
- Have re-entered UK as non visa national and granted 6 month entries several times, but have never overstayed and can demonstrate that I have been supporting myself (and my family - partner/baby, both UK citizens) from my own funds and without working or recourse to public funds

My question:
Should the funding that I have provided to the business exceed £50k within 12 months of making an application, am I eligible to apply to switch to a Tier 1 (Entrepreneur) visa?

No, you would be on the 200K route.

References:

1.(a) Eligibility to switch. From UK Visas and Immigration point 9:

You can apply to switch to this visa if you meet the eligibility requirements and you’re already in the UK under one of the following categories:
..
- a visitor who has been carrying out permitted activities as a prospective entrepreneur

1.(b) As a non visa national, I am permitted to carry out the same activities as someone who has entered on a Standard Visitor Visa, per the UKVI website here:

Check the full list of what you can do - it’s the same as what you can do on a Standard Visitor visa.

1.(c) The 'permitted activities' a Standard Visitor Visa holder can undertake are listed in the Immigration Rules Visitors Appendix 3 which states:

All visitors are permitted to undertake the activities listed in paragraphs 3 – 27 of this Appendix provided they meet the requirements at V 4.5- V 4.8.

and paragraph 8 (so within 3-27) is:

Prospective Entrepreneur
8 A visitor who can show support from:
(a) one or more registered venture capitalist firms regulated by the financial conduct authority; or
(b) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on www.gov.uk/government/publications/entr ... -in-the-uk; or
(c) one or more UK Government Departments; may come to the UK for discussions to secure funding from one of the above sources which they intend to use to join, set up or take over a business in the UK.

So technically my leave to enter grants me the ability to carry out activities that include paragraph 8 above?

No, your interpretation is wrong. To carry out activities as a prospective entrepreneur, you should have met the conditions under paragraph 8 (a) to (c). Assuming you don't, you run the risk of being considered to have been in violation of the terms of your entry. (depending on how time you have spent on the company and the activities you have undertaken)

2.) Funds eligibility. UK Visas and Immigration website Point 4 states:

You can also apply if you’ve already invested £50,000 in a UK business. You must have invested the funds less than 12 months before you apply.

But I cannot find clarification of what that means, whether the funds must come from a certain source, whether the way they have been invested is stipulated.

This seems to be a common misunderstanding.
The first para specifies "..access to...", which means you need not have invested the money yet.

The para that you quoted then just also allows it to have been invested money (i.e. not limited to having access to it). It relates to the same sources as in the preceding para (i.e. own source is not possible)

In summary, you can apply for T1E but on the 200K route. Since you have invested about 50K, you need to only show another 150K or so.

[borderbob]

Hi Marcnath,

Many, many thanks for your rapid and detailed response. I really do appreciate it.

The points you make are very helpful. I was misinterpreting several aspects here, most importantly that the £50k route only applies if the funds come from one of those 3 specified sources. That is not entirely clear from the way that is worded, but does explain why I could not correlate this para with the actual Rules. I might be able to get a letter of support from one of those Prospective Entrepreneur areas, but that makes no difference as the funds invested were my own.

I do not have access to anything like another 150k, so this marks the end of this particular road for me.

Thank you again Marcnath!! You've really helped clarify things for me.

(Just a final note as to your first point - apparently there is the ability to apply for the T1E from within the UK under certain circumstances, according to the Rules summarised in that Point 9 link I posted earlier.)

[marcnath]

Thank you again Marcnath!! You've really helped clarify things for me.

(Just a final note as to your first point - apparently there is the ability to apply for the T1E from within the UK under certain circumstances, according to the Rules summarised in that Point 9 link I posted earlier.)

You are welcome.

Yes, there are possibilities of switching. I was referring to your specific cases since you did not appear to meet any of those categories. There is actually a very well set out table for switchers in the guidance.

Good luck with your next steps.