Advice on Tier 1 Entrepreneur visa switch to Tier 4 Student visa

[miamai]

Hi all,

I have a question which I'd like to have your advice on. I came to the UK around 5 years ago and studied year 1 of a Diploma course. After that I completed a Graduate Diploma course (equivalent to level 6). I didn't continue with a master degree, instead I joined another person open up a business under Tier 1 Entrepreneur visa. We already passed the visa extension phase but due the circumstance we'll have to close the business. I have plan to go back to studying. However I have a concern:

We will close the business in December 2019 but the course I want to study will start around summer 2020. The earliest I can apply for Tier 4 visa would be 3 months before the course start so it'll be around February 2020. I'll stay in the UK for around 2 months before going back home to apply for Tier 4 Student visa. I just want to ask if there is any problem for that 2 months I'll stay in the UK after closing the business?

Many thanks!

[marcnath]

Hi all,

I have a question which I'd like to have your advice on. I came to the UK around 5 years ago and studied year 1 of a Diploma course. After that I completed a Graduate Diploma course (equivalent to level 6). I didn't continue with a master degree, instead I joined another person open up a business under Tier 1 Entrepreneur visa. We already passed the visa extension phase but due the circumstance we'll have to close the business. I have plan to go back to studying. However I have a concern:

We will close the business in December 2019 but the course I want to study will start around summer 2020. The earliest I can apply for Tier 4 visa would be 3 months before the course start so it'll be around February 2020. I'll stay in the UK for around 2 months before going back home to apply for Tier 4 Student visa. I just want to ask if there is any problem for that 2 months I'll stay in the UK after closing the business?

Many thanks!

No, there are no problems as long as your visa is valid. Of course, since you are on a Entrepreneur visa, you should be engaged in an entrepreneurial activity or be preparing for that. And you cannot take any other employment.
You may want to register yourself as self employed with HMRC once the business closes, but that is not necessary either.
Strictly speaking, if you are not planning to continue to be an entrepreneur then you should not stay on the entrepreneur visa.

[Bethov76]

I'd also say that if you are planning to apply for a Tier 4 visa then registering yourself as self-employed is a risk as self-employment is not permitted on a Tier 4 visa.

You might find it better to speak to an immigration expert face-to-face so you don't take risks.

www.ilpa.org.uk
www.oisc.gov.uk