Switching from T1 Entrepreneur to a different visa category

[rxhxl]

Hi,

I am part of an entrepreneurial team. My first leave was granted in April 2019 and an extension in November 2022. I would like to understand if there is a possibility for me to switch to any other visa category so that the time spent on the T1 visa can be counted towards ILR.

[meself2]

There are GTV or scale-up visas, which allow combining T1(E) with it.

If you have a Global Talent visa, you can include any time you’ve spent on the following visas to meet the requirements for time spent in the UK:

any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)

Scale-up:

If you’ve had more than one visa
In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:

Scale-up Worker
Skilled Worker or Tier 2 (General)
any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)

But it's not easy to get either of those - I think there are less than 20 scale-up employers, for example.

[meself2]

There's also Skilled Worker:
https://www.gov.uk/indefinite-leave-to- ... sa/time-uk

In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas:

any Tier 1 visa - except Tier 1 (Graduate Entrepreneur)

[rxhxl]

Thanks, meself2 for your reply. Can I clarify the following

1. If the visa switch is unsuccessful for any reason, can I apply for ILR on the basis of a T1 Entrepreneur visa (if all criteria are met, obviously)

2. Though switching to any visa has its own challenges, but which one is simpler to switch to?

3. If the current company folds with HMRC debt, will it be possible to switch the visa and attain ILR after 5 years of residence?

Thank you

[rxhxl]

Dear Mods,

Any advice on my above question? I greatly appreciate your help

Thanks

[meself2]

I'm not a T1 expert, so take what I said with caution, but here's my two cents:

1. If the visa switch is unsuccessful for any reason, can I apply for ILR on the basis of a T1 Entrepreneur visa (if all criteria are met, obviously)

Assuming your previous visa (T1) is still valid at the time of refusal - yes, you keep your T1 visa as normal.

2. Though switching to any visa has its own challenges, but which one is simpler to switch to?

Skilled Worker I'd say - find employer with a license that is willing to sponsor you as an employee, they apply for CoS and you can do a switch. However, I'm not aware if you would be able to keep your business running, as you'll only be able to work in a certain job, so that's something to consider.

Third one - no idea.

[marcnath]

Thanks, meself2 for your reply. Can I clarify the following

1. If the visa switch is unsuccessful for any reason, can I apply for ILR on the basis of a T1 Entrepreneur visa (if all criteria are met, obviously)

2. Though switching to any visa has its own challenges, but which one is simpler to switch to?

3. If the current company folds with HMRC debt, will it be possible to switch the visa and attain ILR after 5 years of residence?

Thank you

Your company folding is not a reason on its own to disqualify you for ILR or affect your future applications in any way. The requirement is that you are still an entrepreneur (either as a company or as self-employed) and that you intend to continue to be an entrepreneur.