Tier 1 PSW to Tier 1 Ent Fresh Application

[Jazz2007]

Dear All,

My friend is in a difficult situation, His application was refused 3 years ago and he appealed(Right of Appeal) and now his appeal is finally determined from UT. Now, He would like to submit fresh application after the decision of Court but today after looking at New policy Guidance provisions for the above scenario are removed.

Can he still apply according to old rules, Please advice on this situation.

According to Changes to Immigration rules,

7.14. The Tier 1 (Post-Study Work) category was closed in April 2012. Provisions
relevant to switching from this category to Tier 1 (Entrepreneur) or Tier 1 (Investor)
categories are being removed as they are no longer required.

[zimba]

No. First of all he does not hold PSW visa and exhausted all his appeal options so he is an overstayer. He must apply under new rules if he has the resources. There is no PSW switch option as nobody holds such visa anymore

[Jazz2007]

Thank you Zimba for clarity.

[shade]

Thank you Zimba for clarity.

How did you go about this application? I'm in similar situation now, I have a different thread relating to my case. Basically I went for JR against my previous refusal and spent nearly 2 years on it. Having failed the JR I made a fresh application for Tier 1 entrepreneur as a migrant switching from Tier 1 PSW. My entrprereneur team member already got his visa so I submitted a like for like applicaiton. This time HO refused it saying it was assessed based on new rules for switching from tier 1 general? Does that make any sense? Clearly my previous visa was not tier 1 general so I believe HO should apply the last known rule that accommodates migrant switching from psw? Correct me if I'm wrong

[zimba]

Stick to your own topic. You cannot put a new application under old rules

uk-tier-1-entrepreneur-visas/urgent-sol ... l#p1447508