Spouse visa to Tier 1 (Entrepreneur)

[ridgem]

Can anyone please tell me if it is possible to switch in-country from a spouse to a Tier 1 entrepreneur visa? My marriage is intact and subsisting, but I am planning on starting my own company anyways and feel the Tier 1 visa would give me added security for the time I have left to obtain ILR, in case anything was to happen to my marriage. When I switched to my spouse visa from a Tier 4 visa, I did not realise how limited my rights would be should my partner choose to separate from me! I do not want to leave the country and reapply to re-set my continuous stay (currently 5 years).

Thank you very much for your help.

[hollan]

To apply for a Tier 1 Visa, you need to get a new entry clearance from your Home Country, as you cannot switch from Dependent visa to Main Applicant incountry.

[zimba]

You cannot switch in the UK

[CR001]

Do you have access to £200k for a Tier 1 Ent visa to apply outside the UK?

This is not the easiest visa to get or extend and there have been many refusals in recent months.

When you say you have a 'spouse visa', is your spouse British or ILR holder or is your spouse on the Tier 2 route visa??

for the time I have left to obtain ILR

Do you mean ILR based on 10 years long residence? Not clear what you mean by this statement.

[ridgem]

Thanks for your reply, CR001.

I do have access to the funds (200k) for the visa and to start my business, but I do not want to have to leave the UK to apply for a new visa.

My spouse is a British citizen.

Yes, I meant ILR based on 10 years long residence. If I have to leave the UK to apply for a tier 1 entrepreneur visa then my time would "reset", I believe.

Do you have any further advice? I am still very much hoping I could switch into this visa without leaving the country and resetting my time in the UK.

Thank you so much.

[hollan]

You can apply for Tier 1 Visa from Home Country, but for your 10 Years route to remain intact you have to be in UK within 6 Months on your New Visa, tough its a risky thing to do.

[CR001]

Yes, I meant ILR based on 10 years long residence. If I have to leave the UK to apply for a tier 1 entrepreneur visa then my time would "reset", I believe.

Not if you return to the UK within 180 days of leaving.

Do you have any further advice? I am still very much hoping I could switch into this visa without leaving the country and resetting my time in the UK.

You cannot apply within the UK.

[ridgem]

Not if you return to the UK within 180 days of leaving.

I did not realize this. So, theoretically if I left the UK, applied for the Tier 1 Ent visa from my home country, it was accepted and I returned within 180 days then my time towards the 10-year long residence ILR would be intact? Is there any more information about this clause online?

Thank you so very much!

[CR001]

Long Residence Caseworker Instructions/Guidance (click)

[marcnath]

Not if you return to the UK within 180 days of leaving.

I did not realize this. So, theoretically if I left the UK, applied for the Tier 1 Ent visa from my home country, it was accepted and I returned within 180 days then my time towards the 10-year long residence ILR would be intact? Is there any more information about this clause online?

Thank you so very much!

Yes, that is correct. The 10 year LR will be intact, but of course any stay outside also counts towards the overall 540 days in 10 years

https://www.gov.uk/long-residence/eligibility says clearly
You can leave the UK during the continuous residence for up to:

180 days at a time
540 days in total

[ridgem]

Thank you! I'm extremely grateful for your expertise!