Switching TO Tier 1 Entrepreneur Visa from Tier 2 Sponsored

[Cynthia2015]

Hi there friends......

I am currently on a Tier 2 Sponsored Visa and working IN UK exactly last 2 years (exactly 2 years this week). I am planning to Switch to a Tier 1 Entrepreneur Visa with the 200K requirement etc. However have questions. I would appreciate your input please. Believe me I emailed UK Visa and uk immigration and no answers. gov.uk said contact uk visa email and they are not replying at all

I really appreicate your answers in advance. thank you everyone!
Cynthia


My Situation:
- Currently on a Tier 2 Sponsored visa for last years
- planning to apply for Tier 1 Entrepreneur visa in March 2016

Questions:
- When I apply for the Tier 1 Entrepreneur visa in March 2016 and I am successful, will they take my existing 2 years plus 4 months residency in UK with my Tier 2 Visa for the Indefinite Leave to Remain (ILR) UK residency for 5 year calculation when I apply for my ILR 3 years into the Tier 1 Entrepreneur route or will they IGNORE my Tier 2 residency and require me to stay in uk with the Tier 1 Entrepreneur visa for FURTHER 5 Years (with the 2nd tier 1 entrepreneur visa renewal extension etc. Because if i will LOSE my tier 2 residency then i might as well stay in tier 2 and then apply for ILR after 3 more years

- If my Tier 1 Entrepreneur application is NOT successful, will this in anyway jeopardize my existing Tier 2 Visa? I will still have 8 months left on this before the tier 2 renewal but will my tier 1 application failure CANCEL my tier 2 visa also? (although the tier 2 is still valid) - i do not want to RISK my existing visa status

- For Tier 1 Entrepreneur visa i heard that they are very STRICT lately. any suggestions on how i can increase my success rate please?

thank you!

Cynthia

[CR001]

1. You can combine the time on tier 2 and Tier 1 to make 5 years.

2. If you have a valid Tier 2 at the time of the decision of your Tier 1 and it is refused, it should have no effect on your existing Tier 2 visa as long as it is still valid.

3. Not sure, best would be to read the forum topics and the policy guidance.

[Cynthia2015]

1. You can combine the time on tier 2 and Tier 1 to make 5 years.

2. If you have a valid Tier 2 at the time of the decision of your Tier 1 and it is refused, it should have no effect on your existing Tier 2 visa as long as it is still valid.

3. Not sure, best would be to read the forum topics and the policy guidance.

hi thank you so much for your reply. I was expecting the same as per your answer on point 1 also. However when I read the page 140 of this document (link) below it says
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

"have spent a continuous period of 5 years lawfully in the UK, with absences from the
UK of no more than 180 days in any 12 calendar months during that period, with leave
as a Tier 1 (Entrepreneur)migrant"

so do they expect that i have to have spent ONLY on Tier 1 Entrepreneur for 5 years continously and canNOT be mixed with other tier 2 visa etc?

thanks again!
Cynthia

[jonser]

Hi Cynthia,
The statement you referred to applies to only Entrepreneur visa. The only way you can apply for the ILR 5 year route is if you have spent 5 years on Entrepreneur or 5 years on Tier 2. You can't combine the two unless you want to go through the 10 year route. Hope this helps.