SWITCHING FROM TIER 1 OPTIONS

[tm2331]

Dear Gurus and esteemed members of this platform,

I kindly solicit your candid advise/view on my case.

Below is the timeline for my applications.
I was initially granted Tier 1 (GB 50,000 route) in 2012.
I applied and successfully extended 2016.
Extension valid till 2018.
Due for ILR in 2017 but intend to apply late 2018

I was recently offered a PhD scholarship and would like to switch to student visa to complete the PhD programme.

My business is currently ongoing, but doing the pHD will enhance my profile in my area of expertise

Kindly advise if I can switch to student visa to complete the PhD programme.

[marcnath]

You can't switch to Tier 4 from Tier 1 visa.
You have to apply from outside.

[CR001]

You will also need to look into your business aspect if you change to tier 4 as there are very likely restrictions on your 'work' and activities you can do.

Why not simply apply for ILR if you qualify and then pursue your PhD as then you could retain your business.

[tm2331]

Thank you for your candid advice.

My extension application took UKVI 8 months to make a decision. During the same period, I lost all my international clients, suffered liquidated damages and contract cancellation due to inability to travel as my passport was held by UKVI for a protracted period.

In addition, for JV projects I lost all payments for defaulting on the part of the contract terms after committing alot of fund towards securing the contract.

Because of the long waiting period for ILR application via Tier 1 route and the uncertainty in decision time,
I intend to go for ILR via ten year route through same day service to avert a situation whereby UKVI will keep my passport and I will suffer the same fate which would likely lead to collapse of my business.

I do not want to lose the clients I have worked hard to get after the extension, hence the reason for planning to switch to Tier 4 to apply for my ILR via 10 year route. After getting my ILR I intend to continue developing my business whilst pursuing my PhD program.

Pls advise.

[CR001]

What is your full immigration history from when you originally came to the UK?

What will you do with your business if you get a student visa??

How long is the PhD programme??

[tm2331]

Full immigration board history

I came to the UK in 2009 with a student visa, visa valid from 2009 to 2010
After completion of my Masters in Petroleum Engineering, I applied for Post Study Work Visa (PSW), valid from 2010 to 2012.
After my post study, I started a business and there after applied for Tier 1 Entrepreneur in 2012
My Tier 1 Entrepreneur was for $50,000 and was valid from 2012 till 2016
In 2016, I applied for extension and it took UKVI 8 Months to decide my application.
Extension valid till 2018 ending

What will you do with your business if you get a student visa??
My intention is to study and my wife will take over the running of the business during the period. I will provide all required technical advice and expertise to ensure things are running smoothly

How long is the PhD programme??
The PhD programme will last for 3 years.

[marcnath]

If you got your initial visa in 2012, you are already eligible for ILR on the T1 route. Why have you not applied yet ? Don't you have enough jobs created ?

[tm2331]

I qualified for ILR in 2017 and met the job requirement in April 2018.
However, my business involve alot of travels and UKVI have a tradition of keeping passport for more than 6-9 months before making a decision on the application.
However, ILR via long residence have face to face appointment and decisions are made same day.
Kindly advise

[marcnath]

I qualified for ILR in 2017 and met the job requirement in April 2018.
However, my business involve alot of travels and UKVI have a tradition of keeping passport for more than 6-9 months before making a decision on the application.
However, ILR via long residence have face to face appointment and decisions are made same day.
Kindly advise

Though you can go for a premium appointment for ILR (LR), there is no guarantee that a decision will be made on the same day.

Gauging from people who have shared their experience in this forum, almost all T1E applicants who applied for ILR(LR) at the PEO were sent back without a decision. T1E documentation typical for a T1E extension/ILR. They were always asked for the The challenge seems to be that a condition for ILR (LR) is that the CW needs to verify that you have not violated the terms of all your previous visas, including the T1E. And that is not something the officers there are possibly all equipped to do due to the complex nature of the T1E.

In your case, you can expect scrutiny (for example) that you have not been involved in running the business with a T4 visa, if you do the arrangement that you plan to.

I got both my extension and ILR approved in 8 weeks. And there are many other cases here of fast turnaround.