Tier 1 Graduate Entrepreneur - Working Restrictions

[abhimitra]

Hi everyone. I recently cracked my interview at one of the higher education institute and they are happy to sponsor my graduate entrepreneur visa. However they want me to sign a declaration that says "I understand that should this visa be granted I will have to spend the majority of my working time developing my business venture. I am aware that I may not be able to seek or accept full time employment with an alternative employer, if this interferes with the development of my business."

I clarified with them that there were no working hour restrictions on this visa, although I would be giving majority of time to my business development. However I was told that I cannot work more than 20 hours a week or I would be in breach of the conditions of this visa, and also that this visa does not allow one to work full time.

I checked official Tier 1 GE guidance and it says only applications submitted on or before 2013 have this 20 hour restriction. I cannot work as a dentist / sportsperson, etc. But in the latest doc as of April 2017 there is no mention of work hour limits.

So can I still take up full time work? Would it be breaching this visa? The declaration states "if this interferes with the development...". As long as I spend majority of hours 10-11+ hours working on my business, is it okay even if I take up 8 hour full time employment? Is there a way for Uni to track if I am working part-time or full-time?

[zimba]

These are the conditions of stay under Immigration rules Part 6A under Tier 1GE route:

245FC. Period and conditions of grant
Entry clearance or leave to remain will be granted for a period of 1 year and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment as a Doctor or Dentist in Training,
(iv) no employment as a professional sportsperson (including as a sports coach), and
(v) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

[abhimitra]

Thank you for prompt response. Neither am I a doctor or dentist, nor a sportsperson. So basically I can take up full time employment even though Uni says I can only work 20 hrs a week otherwise I would be breaching conditions of this visa. Should I sign the declaration?

These are the conditions of stay under Immigration rules Part 6A under Tier 1GE route:

245FC. Period and conditions of grant
Entry clearance or leave to remain will be granted for a period of 1 year and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment as a Doctor or Dentist in Training,
(iv) no employment as a professional sportsperson (including as a sports coach), and
(v) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

[marcnath]

Thank you for prompt response. Neither am I a doctor or dentist, nor a sportsperson. So basically I can take up full time employment even though Uni says I can only work 20 hrs a week otherwise I would be breaching conditions of this visa. Should I sign the declaration?

The declaration is between you and the university, so has no direct relation to the immigration rules. It is up to you to decide that. I can't see what they can do if you sign the declaration and don't follow it - they could potentially inform HO but can't see what HO could do about it.

The point is that it is pretty difficult to start off a new business and work full time, so I appreciate the university's point of view.

Yes, as per the rules, you can take up additional employment in contradiction to any declaration you sign with the university. Of course, UKVI can add additional restrictions such as 20 hrs per week to your visa grant. Generally unlikely but within their rights to do so.