Switching from Tier 1 Entrepreneur (200k) to Tier 2 General

[businesscons]

Hi All,

I have started visiting this forum recently and I must admire the valuable opinions which people get here.

My T1E extension application was refused in 2017, AR refused too and then I made a fresh application.

Timeline as follows;

Extension application made: may 2016
Refused: july 2017
AR refused: Aug 2017
Fresh Application made: Sep 2017
Fingerprints: Oct 2017
Comolex letter: Nov 2017
No reply after that

Reason for refusal was investment made in the business wasn’t from Director’s personal account.
Only £120k was from director rest from other sources.

What I did was I pledged another £80k in business from personal account in the process of admin review and filed the fresh application.

Now I want to ask what are the chances under fresh application as I have made the investment after refusal? Or can I improve chances in any way?

[moongesture]

Your Investments before the second application will be acceptable if;
At this time you followed the guidelines for investment and provided all the documents & meet the threshold as per Appendix A then It's not an issue.

[marcnath]

Hi All,

I have started visiting this forum recently and I must admire the valuable opinions which people get here.

My T1E extension application was refused in 2017, AR refused too and then I made a fresh application.

Timeline as follows;

Extension application made: may 2016
Refused: july 2017
AR refused: Aug 2017
Fresh Application made: Sep 2017
Fingerprints: Oct 2017
Comolex letter: Nov 2017
No reply after that

Reason for refusal was investment made in the business wasn’t from Director’s personal account.
Only £120k was from director rest from other sources.

What I did was I pledged another £80k in business from personal account in the process of admin review and filed the fresh application.

Now I want to ask what are the chances under fresh application as I have made the investment after refusal? Or can I improve chances in any way?

Difficult to say as this is not clearly defined anywhere. But if you invested before the AR refusal was made, you should be able to claim it as you were still under Section 3C.

I recall at least one case reported here where a similar case was approved.

[businesscons]

Thanks, one more thing it has been more than 5 years since my initial application was granted but fresh application for extension is still in process can I apply for ILR straight or have to wait for the outcome? I have been to several solicitors everyone has different story

[marcnath]

Thanks, one more thing it has been more than 5 years since my initial application was granted but fresh application for extension is still in process can I apply for ILR straight or have to wait for the outcome? I have been to several solicitors everyone has different story

I can't see anything in the immigration rules that says there has to be an extension before an ILR application. In fact, in case of the accelerated route, there is no extension before ILR.

So, you should be able to vary your application to an ILR application now.

It is much better to do it now rather than wait for the extension as you would have to meet the job criteria after the extension date otherwise.

[businesscons]

Thank you for the information, I have received £200 IHS refund in my account today. Does that mean my visa approved?

[marcnath]

Thank you for the information, I have received £200 IHS refund in my account today. Does that mean my visa approved?

As you will see if you search this forum for IHS refunds, it does not mean anything.

[businesscons]

Hi All,

I'm on Tier 1 Entrepreneur (200k), my visa was granted in 2013. My timeline is as follows;

Extension application made: June 2016
Application Refused: Sep 2017
Admin Review refused: Oct 2017
Fresh application made: Nov 2017 (within 14 days after admin review refusal)
IHS Partial refund: May 2018
No reply after that

My questions are as follows;

Can I switch to Tier 2 General?

Do I need UK based qualification to switch?

What are the chances for approval?

If refused, what are the options I have got? can I again apply for T1E again?

Thanks in advance

[marcnath]

Why don't you vary your application to ILR now ?

If your investment meets the requirement now, the criteria for ILR and extension would be the same.

You are on your second application, so if a decision is made on that, you cannot apply for tier 2.

You need to decide and vary to Tier 2 before this application is decided.

[businesscons]

Thanks marcnath,

I have seen several solicitors regarding ILR, most of them say that the case is complex due to refusal.

I am thinking to vary to Tier 2 now, do I need uk based degree for that? I am part qualified ACCA with sound experience in accounting but I do not have uk based degree.

Also what are the chances for success switching to tier 2?

[CR001]

Thanks marcnath,

I have seen several solicitors regarding ILR, most of them say that the case is complex due to refusal.

I am thinking to vary to Tier 2 now, do I need uk based degree for that? I am part qualified ACCA with sound experience in accounting but I do not have uk based degree.

Also what are the chances for success switching to tier 2?

What job have you been offered and what other qualifications do you have??

Do you have a sponsor for Tier 2 General??

A 'part qualified ACCA' would not be acceptable as it is incomplete.

[businesscons]

I have been offered semi senior accountant's post, based on my search over the internet people switching from T4 to T2 need to have uk based degree. Please guide me if I need as well

[CR001]

What is the SOC and salary you are being offered?

What are your qualifications?

You are not switching from Tier 4 so a UK degree in your circumstances is irrelevant.

[businesscons]

I have been offered 28k, I have done CAT before ACCA and now i'm ACCA finalist and studying MBA part time from a reputed uni.

[CR001]

How old are you??

What is the SOC for the job, this is really important??

What is CAT??

[businesscons]

I'm 25, certified accounting technician, what is SOC?

[CR001]

SOC = Standard Occupation Code

Appendix J for non shortage occupations.

https://www.gov.uk/guidance/immigration ... illed-work

[businesscons]

2421 chartered and certified accountants

[CR001]

It is also important to note that to be sponsored as an accountant, you must be qualified as an Accountant. CAT alone would not be sufficient as far as I understand.

Is your proposed employer a licenced Tier 2 General sponsor??

[businesscons]

Yes, its NHS trust. I'm not sure what the SOC is but I assume its 2421. I have been interviewed now waiting for final interview which is next week.

[businesscons]

I have just checked it can also fall in to SOC 3537

[CR001]

3537 is a RQF level 4 and likely won't qualify for Tier 2 General. It needs to be RQF level 6.

https://assets.publishing.service.gov.u ... 18__2_.pdf

Applications for entry clearance or switching into Tier 2 (General)
69. If you are applying to work in the UK, the Certificate of Sponsorship must confirm that the
job is at RQF level 6 as stated in the codes of practice or, in a creative sector occupation,
skilled to RQF level 4 as listed in the Tier 2 Sponsoring Guidance, or the job is at RQF
level 4 and appears on the list of shortage occupations. This does not mean that you must
be educated to this level; it means that the job is at that level. The Certificate of
Sponsorship must also confirm that you will be paid at or above the appropriate rate for the
job. These requirements are set out in Appendix J and the Tier 2 Sponsoring Guidance on
gov.uk.

Again, you need to be a qualified accountant to be sponsored as an Accountant. ACCA would only count once you have completed the whole course/exams etc.

[businesscons]

I will check that, but one of my friends is on tier 2 for last 3 years and he has switched his sponsor recently. He has passed few exams than me. I'll check with him

[businesscons]

"This does not mean that you must
be educated to this level; it means that the job is at that level"

copied from guidance

[CR001]

"This does not mean that you must
be educated to this level; it means that the job is at that level"

copied from guidance

3537 is at level RQF 4 so not eligble for Tier 2 sponsorship, completely separate issue to being a qualified accountant. The SOC 2421 clearly states next to each occupation that you must be qualified.

Related job titles:
• Accountant (qualified)
• Auditor (qualified)
• Chartered accountant
• Company accountant
• Cost accountant (qualified)
• Financial controller (qualified)
• Management accountant (qualified)