Variation of leave from tier 1 entrepreneur to tier4 student

[la]

Hi,

We have applied for switching application from tier 4 to tier 1 entrepreneur visa in October 2012 from UK.

Now due to these new rules, it seems, it is must and should for us to investment 200k even with out business performance else they will reduce the visa time and hence we decided thinking other options to extend our leave.

Can we switch to student based on variation of leave. Please reply urgently

[rehan01]

Hi,

We have applied for switching application from tier 4 to tier 1 entrepreneur visa in October 2012 from UK.

Now due to these new rules, it seems, it is must and should for us to investment 200k even with out business performance else they will reduce the visa time and hence we decided thinking other options to extend our leave.

Can we switch to student based on variation of leave. Please reply urgently

you don't have to invest in the business right away but they might ask you to provide fresh account statement confirming you still have on going access to 200k.


As far as I know you can not I guess as in case of refusal you will get right of Administrative review ..... but as you have submitted in country tier 1 application but what is the status of your student visa now (expired or still valid) ?

regards

[la]

Student visa is already expired few months back.

[entrepreneur123]

Rehan,
So is there no right of appeal even you apply in country for Tier 1(Enter)? Whats the difference between appeal and administrative review? Thanks

[rehan01]

Student visa is already expired few months back.

If student visa is expired than I doubt it you can submit another application as your visa is already expired and now you want to switch back to the student when your tier 1 application is under process .... It will raise some serious doubt and possible refusal so I will say stick to the tier 1 wait for the outcome and then decide what to do .

regards

[la]

I do not have 200k money in the bank accounts. I can not maintain it months together till they take decide. They have not said all these bulshit rules before.Other wise we would have not applied for this Visa.

I do not know when are they going to reply back to us. They are going to surely refuse the visa based on these rules.

[rehan01]

Rehan,
So is there no right of appeal even you apply in country for Tier 1(Enter)? Whats the difference between appeal and administrative review? Thanks

Administrative review is a new version of right of appeal, usually most of the refusal get right of administrative review

that is what written in Policy guidance

"Administrative review (entry clearance applications only)
14. If we refuse an application for entry clearance and you think that a mistake has been made, you can ask us to check our decision. This is known as an ‘administrative review’. guidance on administrative reviews can be found at Annex B.


Appeal Rights (in-country applications)
15. If we refuse an application for leave to remain and you think that a mistake has been made, you may be able to appeal against our decision. Details on how and if you can appeal against our decision will be included with your refusal letter."

regards

[rehan01]

I do not have 200k money in the bank accounts. I can not maintain it months together till they take decide. They have not said all these bulshit rules before.Other wise we would have not applied for this Visa.

I do not know when are they going to reply back to us. They are going to surely refuse the visa based on these rules.

let see what happened you might be a lucky one who get visa without any queries (which I doubt it very much as in my opinion every single tier 1 application will be treated as abuse to the system and will be accessed accordingly so ideally we all should be prepared for interview call, details of the business and experience you have in that field, business plan etc)

regards

[la]

Hi rehan01,

even if they give right to appeal, can we appeal ? - obviously I am not going to have the money in they account on verification date.

On what basis we can appeal.

The reason why I applied for the Visa is, if there is need , I will invest the money. Else I will not . This is what my view is. Based on this I applied . Now they are coming back and saying, all new rules and forcing us to invest with out knowing business how it is going to perform.

Obviously this is not right visa for us.

[rehan01]

Hi rehan01,

even if they give right to appeal, can we appeal ? - obviously I am not going to have the money in they account on verification date.

On what basis we can appeal.

The reason why I applied for the Visa is, if there is need , I will invest the money. Else I will not . This is what my view is. Based on this I applied . Now they are coming back and saying, all new rules and forcing us to invest with out knowing business how it is going to perform.

Obviously this is not right visa for us.

well when you applied for visa you showed the funds available are 200k and you knw you are scoring points on this ? and these funds are disposable to uk? etc

have you read the policy guidance before submitting your application?

all this is mention there but before there was no cap on it but now they have put restriction that you have to have accesses to the money on ongoing basis.

you statement there is a need I will invest if not than I will not ??? what do you mean by that ??? (if you will not invest the money because you don't think there is a need for it than how will you get the visa extension etc) this is why the new rules introduce to stop all this at this stage and that is why most of us are in trouble.

its good news for a genuine candidate and tough time for someone who do not have accesses to the funds. for xyz reasons.

regards