Overseas criminal record certificate for Leave to remain

[patjoseph99]

Hi,

I am new to this forum and have a few questions.

I am currently on Tier 2 ICT visa which is valid until Feb 2018. My husband is on my dependent visa. I would like to switch to Tier 1 Entrepreneur Visa before Feb 2018.

1. Is it possible to switch to Tier 1 Entrepreneur visa? Can I apply from within UK? Is a 1 year cooling off period applicable?

2. Is it possible to become director of company in UK while working with sponsor company on Tier 2 ICT visa in UK?

3. I am getting funds from my husband and bringing money back from my home country. I will put maintenance fund and £200K in my personal account. Do I still need a third party authorisation letter from my husband to say that funds are available for my use?

4. I have appeared for IELTS Academic by Cambridge English Language Assessment in May 2017 and have score of 7.5. Would IELTS Academic get me english language points?
Is IELTS Academic the same as IELTS UKVI?

5. I am working with a sponsor company and have one month notice period. If I get Tier 1 Entrepreneur visa, do I need to stop working with my sponsor company on the day I get my Tier 1 Entrepreneur visa or I am okay to serve my notice period of 1 month? I am not sure if there is some transition period allowed. I certainly don't want to burn bridges with my employer.

Apologies if I have asked many questions on same post or if this is not the correct section for such queries.

I really appreciate your help with my queries.

Thank you.

[zimba]

1. Is it possible to switch to Tier 1 Entrepreneur visa? Can I apply from within UK? Is a 1 year cooling off period applicable?

Yes you can switch to Tier 1E within the UK from Tier 2, there is no cooling off period

2. Is it possible to become director of company in UK while working with sponsor company on Tier 2 ICT visa in UK?

Yes, but you are not allowed to work in that company as per Tier 2 rules. There is no need to have a company to apply for Tier 1E initial visa

3. I am getting funds from my husband and bringing money back from my home country. I will put maintenance fund and £200K in my personal account. Do I still need a third party authorisation letter from my husband to say that funds are available for my use?

Yes unless you keep the funds for more than 90 days in your personal account which then you can claim them as your own.

4. I have appeared for IELTS Academic by Cambridge English Language Assessment in May 2017 and have score of 7.5. Would IELTS Academic get me english language points?
Is IELTS Academic the same as IELTS UKVI?

No. Only secure IELTS is acceptable for UKVI visa applications
http://takeielts.britishcouncil.org/iel ... t%20result?

5. I am working with a sponsor company and have one month notice period. If I get Tier 1 Entrepreneur visa, do I need to stop working with my sponsor company on the day I get my Tier 1 Entrepreneur visa or I am okay to serve my notice period of 1 month? I am not sure if there is some transition period allowed. I certainly don't want to burn bridges with my employer.

You are not allowed to work for a sponsor if you change your visa. You need to resign on the day you get Tier 1E visa

I advise to read the official Tier 1E guide: https://www.gov.uk/government/publicati ... trepreneur

[patjoseph99]

Zimba88 -Thank you so much for your response. I have been looking at the forum and must say that you are doing a marvellous job.

Just so that I am clear - I plan to keep funds in my personal account for 90 days. Does this mean that I don't need to provide any letter from my husband to say that I can use his money?
Would UKVI be not interested in knowing the source of funds just because the money has been in my own account for 90 days?
Would only bank statement as proof on investment fund be required then?

I did check on my IETLS score card and it has UKVI number and CEBR level as C2. So, guess I did give a UKVI required academic test. What do you think?

The last one is a bit disappointing. I don't know if anyone on the forum has had a similar issue. My employer requires a notice of 1 month after resignation. Now, I can't resign before Tier 1 visa comes as my COS would become invalid. And I can't serve 1 month notice after Tier 1 visa is received. It is almost like putting in resignation letter and asking for immediate stop of employment.
Any thoughts on how to resolve this deadlock.

[marcnath]

Zimba88 -Thank you so much for your response. I have been looking at the forum and must say that you are doing a marvellous job.

Just so that I am clear - I plan to keep funds in my personal account for 90 days. Does this mean that I don't need to provide any letter from my husband to say that I can use his money?

If you have the amount in your personal account for 90 days, you don't need any other evidence.

Would UKVI be not interested in knowing the source of funds just because the money has been in my own account for 90 days?

No

Would only bank statement as proof on investment fund be required then?

Yes

I did check on my IETLS score card and it has UKVI number and CEBR level as C2. So, guess I did give a UKVI required academic test. What do you think?

The last one is a bit disappointing. I don't know if anyone on the forum has had a similar issue. My employer requires a notice of 1 month after resignation. Now, I can't resign before Tier 1 visa comes as my COS would become invalid. And I can't serve 1 month notice after Tier 1 visa is received. It is almost like putting in resignation letter and asking for immediate stop of employment.
Any thoughts on how to resolve this deadlock.

I don't know about the IETLS score.

But on the second part, when Tier 1 is issued, I would assume your Tier 2 ICT is not valid anymore. If that is the case, your employer cannot keep you any longer. So, you would not have to resign, your employment contract will automatically end on that date as it would be conditional to you having the right to work.

[zimba]

Just so that I am clear - I plan to keep funds in my personal account for 90 days. Does this mean that I don't need to provide any letter from my husband to say that I can use his money?

Correct

Would UKVI be not interested in knowing the source of funds just because the money has been in my own account for 90 days?

No

Would only bank statement as proof on investment fund be required then?

Personal bank statements covering 90 days is acceptable. Read the guide

I did check on my IETLS score card and it has UKVI number and CEBR level as C2. So, guess I did give a UKVI required academic test. What do you think?

Anything at B2 level or above is accepted as long as it is SECURE IELTS

The last one is a bit disappointing. I don't know if anyone on the forum has had a similar issue. My employer requires a notice of 1 month after resignation. Now, I can't resign before Tier 1 visa comes as my COS would become invalid. And I can't serve 1 month notice after Tier 1 visa is received. It is almost like putting in resignation letter and asking for immediate stop of employment.
Any thoughts on how to resolve this deadlock.

You cannot have the best of the both worlds . You either have to be able to resign immediately in case you get Tier 1E visa or give notice and apply for Tier 1E in the meantime.

[marcnath]

It is clear that you cannot have two Visas at the same time.
https://www.gov.uk/government/publicati ... eave-ecb22
So, when you are issued your Tier 1 E visa, UKVI will cancel your Tier 2 ICT.
All you need to do is to turn up at/call your employers, show/tell them the cancellation and leave.
Of course, the right thing to do is to inform them in advance so they can plan for it, but there is no issue of a notice period at all.

[patjoseph99]

Hello,

I am currently on Tier 2 Visa and my spouse is on my dependant visa.
We both have been living in UK for 5 years.

We are both in the process of applying Tier 1 (Entrepreneur) visa. I will be the main applicant and my spouse will be the dependant.

As this is a Leave to Remain application, do we both need to provide an Overseas criminal record certificate?

Thanks.

[patjoseph99]

Hi,

So, read through the guide again and I can see that police clearance certificate is mentioned against Entry clearance. Does this mean that PCC is not required when switching inside UK?

Thanks.

[CR001]

Hi,

So, read through the guide again and I can see that police clearance certificate is mentioned against Entry clearance. Does this mean that PCC is not required when switching inside UK?

Thanks.

If you are 'switching', you clearly are NOT applying for entry clearance