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can i switch from tier 1 entrepreneur to tier 2 general visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sundar2016
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can i switch from tier 1 entrepreneur to tier 2 general visa

Post by sundar2016 » Sat Mar 19, 2016 3:50 pm

I'm on tier 1 entrepreneur visa shown 50K and got visa which valid until July 2017.

I do IT Business services for three clients and have turn over of 40K+/annum.
I enroll myself as Director of company. The business is not improving up to my expectation.

One of my client company has work permit. They willing to offer me a role as IT manager more than 35K salary for next three years under Tier 2 General visa.

so, i would be on following Visa's
2014 - 2017 Tier 1 entrepreneur - 3 years
2017 - 2020 Tier 2 General - 3 years

My question is.
1. can i switch from tier 1 entrepreneur to tier 2 general visa?
2. Does combination of both the visa's will count to ILR [5 years] to apply?
3. What problem do i face when apply for tier 2 visa ?
4. do I need to demonstrate that I met the conditions of Tier 1 extension (i.e investment, job creation ,.. etc) before switch to Tier 2 or when applying for ILR.

Looking fwd to your assistance..

Faheemryk
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Posts: 209
Joined: Wed Apr 23, 2014 10:34 pm
Pakistan

Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by Faheemryk » Sat Mar 19, 2016 3:55 pm

According to my best knowledge,

1. can i switch from tier 1 entrepreneur to tier 2 general visa?

YES

2. Does combination of both the visa's will count to ILR [5 years] to apply?

NOT SURE

3. What problem do i face when apply for tier 2 visa ?

SHOULDNT BE PROBLEM

4. do I need to demonstrate that I met the conditions of Tier 1 extension (i.e investment, job creation ,.. etc) before switch to Tier 2 or when applying for ILR.

NO...

pichas
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by pichas » Mon Mar 21, 2016 11:38 am

Hi,
Labour Test also needs to be done as well for switching to Tier 2.

But can someone switch to Tier 2 being a director of a company or does he has to resign first?

Thanks

pichas
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Posts: 34
Joined: Mon Aug 12, 2013 12:53 pm

Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by pichas » Mon Mar 21, 2016 4:54 pm

Dear all,

Please share your suggestions on the above?

Thanks

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zimba
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by zimba » Mon Mar 21, 2016 5:24 pm

1. can i switch from tier 1 entrepreneur to tier 2 general visa?
yes, you can.
Based on Immigration Rules Part 6a, Paragraph 245HD
2. Does combination of both the visa's will count to ILR [5 years] to apply?
As long as you apply for ILR under Tier 2, the time spent on Tier 1E counts towards your 5 year continuous period.
Based on Immigration Rules Part 6a, Paragraph 245HF
3. What problem do i face when apply for tier 2 visa ?
As long as you satisfy the Tier 2 visa requirements and do not fall for general grounds of refusal, your should be able to switch.
4. do I need to demonstrate that I met the conditions of Tier 1 extension (i.e investment, job creation ,.. etc) before switch to Tier 2 or when applying for ILR.
There is nothing in the rules that requires you to show extension criteria was staisfied, as far as I can see.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

turner
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by turner » Tue Mar 22, 2016 7:29 pm

i checked the
https://www.gov.uk/guidance/immigration ... sed-system
as explained by zimba88 earlier for question 2, but I couldnt find where it states you can switch to tier 2. Can zimba88 please expantiate

turner
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by turner » Tue Mar 22, 2016 7:37 pm

zimba88 wrote:
1. can i switch from tier 1 entrepreneur to tier 2 general visa?
yes, you can.
Based on Immigration Rules Part 6a, Paragraph 245HD
2. Does combination of both the visa's will count to ILR [5 years] to apply?
As long as you apply for ILR under Tier 2, the time spent on Tier 1E counts towards your 5 year continuous period.
Based on Immigration Rules Part 6a, Paragraph 245HF
3. What problem do i face when apply for tier 2 visa ?
As long as you satisfy the Tier 2 visa requirements and do not fall for general grounds of refusal, your should be able to switch.
4. do I need to demonstrate that I met the conditions of Tier 1 extension (i.e investment, job creation ,.. etc) before switch to Tier 2 or when applying for ILR.
There is nothing in the rules that requires you to show extension criteria was staisfied, as far as I can see.
i checked the
https://www.gov.uk/guidance/immigration ... sed-system
as explained by zimba88 earlier for question 2, but I couldnt find where it states you can switch to tier 2. Can zimba88 please

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zimba
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by zimba » Wed Mar 23, 2016 12:18 am

turner wrote:i checked the
https://www.gov.uk/guidance/immigration ... sed-system
as explained by zimba88 earlier for question 2, but I couldnt find where it states you can switch to tier 2. Can zimba88 please expantiate
Search for paragraph 245HD as I mentioned
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Entrepreneur2014
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by Entrepreneur2014 » Sat Apr 23, 2016 6:05 pm

Hi Sundar ,
Just want to know did u switch to tier2. please let me know about your status

Fonzo
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United Kingdom

Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by Fonzo » Fri Mar 17, 2017 7:20 am

Hi is this information still accurate can someone shed some light on matter?

Thank you

indiancitizen
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by indiancitizen » Sat Apr 15, 2017 12:51 pm

Hi,

Managed to find what Zimba was pointing to :

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
(i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant.

Which means you can club Tier 1 Entrepreneur and Tier 2 General together for 5 years lawful residence

Thats fantastic information Zimba, every immigration advisor we spoke to mentioned otherwise ... which I am still wondering why.

Our initial application was refused and we went for an AR, which was later cancelled by a fresh second application.

So now wondering if that would be a problem for the Tier 1 E Tier 2 General clubbing.

Can you please share your most valuable thoughts Zimba and other respected immigration geniuses ?

ravireddy121
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Re: can i switch from tier 1 entrepreneur to tier 2 general

Post by ravireddy121 » Fri Apr 21, 2017 8:57 pm

hi sundar2016

can you please help me as iam in same boat. which premium centre u went for tier 2? also why was the initial application for tier 2 was rejected? and what questions were asked about tier 1 entrepreneur visa? also when did u switch?

will really appreciate ur help. thanks

akkhan
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Posts: 29
Joined: Thu Aug 24, 2017 2:57 pm
United Kingdom

Re: can i switch from tier 1 entrepreneur to tier 2 general visa

Post by akkhan » Tue Sep 26, 2017 6:39 pm

sundar2016 wrote:
Sat Mar 19, 2016 3:50 pm
I'm on tier 1 entrepreneur visa shown 50K and got visa which valid until July 2017.

I do IT Business services for three clients and have turn over of 40K+/annum.
I enroll myself as Director of company. The business is not improving up to my expectation.

One of my client company has work permit. They willing to offer me a role as IT manager more than 35K salary for next three years under Tier 2 General visa.

so, i would be on following Visa's
2014 - 2017 Tier 1 entrepreneur - 3 years
2017 - 2020 Tier 2 General - 3 years

My question is.
1. can i switch from tier 1 entrepreneur to tier 2 general visa?
2. Does combination of both the visa's will count to ILR [5 years] to apply?
3. What problem do i face when apply for tier 2 visa ?
4. do I need to demonstrate that I met the conditions of Tier 1 extension (i.e investment, job creation ,.. etc) before switch to Tier 2 or when applying for ILR.

Looking fwd to your assistance..
hi Sundar did you manage to switch can you please share your experience? also if you can help when did you resign from being a director did you apply for tier 2 while being a director of company and resigned after you received the visa?

please mention if you apply through post or premium service and any questions being asked??

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CR001
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Re: can i switch from tier 1 entrepreneur to tier 2 general visa

Post by CR001 » Tue Sep 26, 2017 8:07 pm

akkhan wrote:
Tue Sep 26, 2017 6:39 pm
hi Sundar did you manage to switch can you please share your experience? also if you can help when did you resign from being a director did you apply for tier 2 while being a director of company and resigned after you received the visa?

please mention if you apply through post or premium service and any questions being asked??
It is becoming annoying that you are tagging the same question onto old topics across different sub forums. Please desist from doing this. Either start your own topic or continue in one you already have.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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