- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
So in your opinion, the % of people applying to switch and are non-genuine are small?kuzaaah wrote:More so,the abuse of the system is rife and the sins of a very few is affecting the chances of the majority of people who have real interest in submitting an application to do genuine business in the UK.
kuzaaah wrote:Rizwan,
Let us not be fooled. The second paragraph summarizes the aim of the new policy.
"These changes will implement 'restrictions' on the ability of those already present in the UK as a Tier 4 (Student) or Tier 1 (Post Study Work) migrant to make an in-country application for an extension of stay as a Tier 1 (Entrepreneur)"
Every other positive said is irrelevant. It only means that going forward there will be RESTRICTION on application from those who apply via the PSW visa and if you submitted an application via PSW via route, then there would be a greater scrutiny to ensure that you are a genuine entrepreneur. The bar is high NOW.
page 22?rizwan567 wrote:kuzaaah wrote:Rizwan,
Let us not be fooled. The second paragraph summarizes the aim of the new policy.
"These changes will implement 'restrictions' on the ability of those already present in the UK as a Tier 4 (Student) or Tier 1 (Post Study Work) migrant to make an in-country application for an extension of stay as a Tier 1 (Entrepreneur)"
Every other positive said is irrelevant. It only means that going forward there will be RESTRICTION on application from those who apply via the PSW visa and if you submitted an application via PSW via route, then there would be a greater scrutiny to ensure that you are a genuine entrepreneur. The bar is high NOW.
PSW route is not closing, please read page 22 of this
https://www.gov.uk/government/uploads/s ... hc-532.pdf
#rizwan567 wrote:Sorry, read page 5 and 6
------------------------------------------------------------------------------
Following changes are being made to PSW
--------------------------------------------------------------------------------
7. Policy Background
What is being done and why
Changes relating to Tier 1 (Entrepreneur)
7.1. The Tier 1 (Entrepreneur) category of the Points-Based System caters for
those with financial backing (of either £50,000 or £200,000, depending on their
circumstances) to set up, take over or otherwise be actively involved in the running of
a business in the UK.
7.2. Applicants who are in the UK in a study category (Tier 4 and the older study
categories it superseded) can currently apply to switch into Tier 1 (Entrepreneur) if
they have access to £50,000 funding to invest in business from:
• one or more registered venture capitalist firms regulated by the Financial
Conduct Authority (FCA),
• one or more UK Entrepreneurial seed funding competitions endorsed by UK
Trade & Investment, or
• one or more UK Government Departments, or Devolved Government
Departments in Scotland, Wales or Northern Ireland.
7.3. Applicants who are in the UK in the Tier 1 (Post-Study Work) category can
currently apply to switch into Tier 1 (Entrepreneur) if they:
• have access to £50,000 funding from:
o one or more registered venture capitalist firms regulated by the
Financial Conduct Authority (FCA),
o one or more UK Entrepreneurial seed funding competitions endorsed
by UK Trade & Investment, or
o one or more UK Government Departments, or Devolved Government
Departments in Scotland, Wales or Northern Ireland,
• have access to £50,000 funding from any source, and have already established
themselves in business and are working in a skilled occupation, or
• have access to £200,000 funding from any source.
7.4. The rules for the category were tightened in December 2012 and again in
January 2013 to attempt to counter abuse. However, UK Visas & Immigration
(UKVI) continues to receive very high volumes of applications, around two thirds of
which are refused on the basis that UKVI is not satisfied that the applicant genuinely
intends to establish a business. Further investigations have identified large numbers
of applications under this category to be associated with organised attempts to obtain
Page 4 of 9
leave to remain by fraud. In addition our investigations into those involved in abusing
the English language testing regime have identified a significant number of people
with invalid or questionable ETS certificates have either obtained, or sought to obtain
leave under the Tier 1 (Entrepreneur) route. UKVI checks on the tax status of those
who have previously been granted leave to remain under the route also indicate that a
significant number are in employment in breach of their conditions.
7.5. Given the scale of the attempted abuse it is necessary to suspend part of this
route whilst further investigations are carried out and a review is conducted into what
further steps are required to ensure that the operation of this category of stay delivers
its purpose.
7.6. We will keep the route open where we believe it is working effectively. These
changes amend the above switching provisions so that applicants who are in the UK
in a study category will only be able to apply to switch into Tier 1 (Entrepreneur) if
they have access to £50,000 funding to invest in business from:
• one or more UK Entrepreneurial seed funding competitions endorsed by UK
Trade & Investment, or
• one or more UK Government Departments, or Devolved Government
Departments in Scotland, Wales or Northern Ireland.
(The provision for venture capitalist funding is being removed.)
7.7. These changes also amend the above switching provisions so that applicants
who are in the UK in the Tier 1 (Post-Study Work) category can apply to switch into
Tier 1 (Entrepreneur) if they:
• have access to £50,000 funding from:
o one or more UK Entrepreneurial seed funding competitions endorsed
by UK Trade & Investment, or
o one or more UK Government Departments, or Devolved Government
Departments in Scotland, Wales or Northern Ireland, or
• have access to £50,000 funding from any source, and have already established
themselves in a genuine business (which is not de facto employment with
another employer) before the date these changes take effect (namely 11 July
2014), and are working in a skilled occupation. Evidential requirements to
show that applicants have established themselves in a genuine business are
being tightened.
(The provisions for venture capitalist funding and for those with funding not from a
specified source, who are not established in a genuine business before 11 July 2014,
are being removed.)
7.8. The changes being made are proportionate, given the evidence of high levels
of abuse of the existing arrangements by in-country applicants. There are no changes
Page 5 of 9
being made to the provisions for funding from endorsed seed funding competitions or
Government Departments, where there is currently no evidence of abuse. There are
also no changes being made to the funding provisions for applications from overseas.
7.9. The following minor changes are also being made to this category. These are
routine changes, but to avoid confusion by issuing multiple updates of forms and
guidance, they are being made at the same time as the changes above:
• Tier 1 (Entrepreneur) Migrants are restricted to working only for their own
business. A clarification is being made to confirm that this means they cannot
claim to be self-employed yet work in a de facto employment relationship with
another employer.
• Clarifications are being made to tables in Appendix A that registration as a
director must be with Companies House. The notes to the tables already made
this clear, but the amendments show this more clearly in the tables themselves.
• A clarification is being made to the requirement for an applicant to be a director
where the funding they are claiming points for is made available to their
business, rather than to the applicant by name.
• A minor update is being made to reflect the fact that bills for Class 2 National
Insurance contributions are no longer issued quarterly.
• A change is being made so that where an applicant is required to provide
evidence of a business bank account, they must be a signatory to that account.
This is a minor change which all genuine applicants should already satisfy. As
such, it is not considered necessary to give advance notice of this change.
• A minor change is being made to the definition of “partner” where an applicant
is relying on funds held in a joint bank account with their spouse, civil partner
or partner. This change brings the definition into line with that in the Rules for
family members (Appendix FM) where appropriate, and also confirms that the
definition only includes partners of Tier 1 Migrants within the meaning of Part 8
of the Rules.
Christianoronaldo:Christianoronaldo wrote:have access to £50,000 funding from any source, and have already established
themselves in a genuine business (which is not de facto employment with
another employer) before the date these changes take effect (namely 11 July
2014), and are working in a skilled occupation. Evidential requirements to
show that applicants have established themselves in a genuine business are
being tightened.
I guess above para means that if you are on PSW then you can still switch to Tier 1 (Entrepreneur) provided you have an access to £50000 and and and and you have established your business (i.e. registered your company) before 11 July 2014.
However, if you are on PSW, have £50k but if you have not established your business before 11 July 2014 then you can't switch to Tier 1 Entrepreneur.
This is my understanding of above para.