PSW to Entreprenur new policy after 6 of April

[nedxx]

Hello everyone,

My current PSW leave will expire about April 20 and as you may already know a new route and facility has been introduced for applicants switching from PSW to Entreprenur status which requires a reduce availabe fund of 50,000.

Page 11 of the new policy guidance states:

(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to
administer his business, in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 and above,
as stated in the codes of practice for Tier 2 Sponsors published by the UK
Border Agency, and
(v) have access to not less than £50,000.


My question is regarding part (iii) as it states "on a date no earlier than three months prior to the date of application" which makes me confused and I was wondering what exactly it means, since further on page 12 it states that:

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur).

So, does it mean that if I register a company and appoint myself as the director before just couple of days before applying for the visa (considering all other conditions are met) then I will be eligible for this part of conditions or should I have been be registered for the whole duration (three month) to be eligible?

Your response is highly appreciated as I have a limited time to apply.

Link to new policy:

http://www.ukba.homeoffice.gov.uk/sitec ... ance11.pdf

[yhdil]

Don't you guys understand the language?

it is stated that 'WITHIN' three months i.e. any duration within three months.

So you should be ok even if you register yourself couple of days prior to submission!

[rsrameshsunil]

Hello everyone,

My current PSW leave will expire about April 20 and as you may already know a new route and facility has been introduced for applicants switching from PSW to Entreprenur status which requires a reduce availabe fund of 50,000.

Page 11 of the new policy guidance states:

(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to
administer his business, in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 and above,
as stated in the codes of practice for Tier 2 Sponsors published by the UK
Border Agency, and
(v) have access to not less than £50,000.


My question is regarding part (iii) as it states "on a date no earlier than three months prior to the date of application" which makes me confused and I was wondering what exactly it means, since further on page 12 it states that:

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur).

So, does it mean that if I register a company and appoint myself as the director before just couple of days before applying for the visa (considering all other conditions are met) then I will be eligible for this part of conditions or should I have been be registered for the whole duration (three month) to be eligible?

Your response is highly appreciated as I have a limited time to apply.

Link to new policy:

http://www.ukba.homeoffice.gov.uk/sitec ... ance11.pdf

I dont think your impression is correct on this...I think what it means is you must be registered atleast 3 months before you apply for the visa...i.e. if you are applying on August 1st...you must be registerd on a date before april 31st...if you registered the company on May 1st...you may not get it....

Correct me if i am wrong...Also if you get any clearity on this from experts...please post it here for the benefit of others....

[nedxx]

Thanks for all your inputs,

I am still waiting for the new forms which suppose to be released tomorrow and see if I can find more on it.

However I have found in the latest "STATEMENT OF CHANGES IN IMMIGRATION RULES" page 27:

(d) The applicant:

(i) is applying for leave to remain,
(ii) has, or was last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) was, on a date falling within the three months immediately prior to the date of application,

(1) registered with HM Revenue and Customs as selfemployed, or

(2) registered a new business in which he is a director, or
25 28
(3) registered as a director of an existing business,

I was wondering if in the part (iii) where states "on a date falling within the three months" means we should be OK?

Again any input would be appreciated.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[saeedusman]

According to the policy guideline, it is saying that the person should have registered WITHIN three months immediately prior to the application date.

So it means, if someone want to apply on any particular date, then he/she should have registered in last three months if you count backward from the date of application.

In other words, if you register today, you should MUST apply within three months from today. So it can be next day, next week, next month BUT should must be within THREE after you registered.

Thats what I understand from guideline.

[rsrameshsunil]

Well...to be honest, I personally think the documents are a bit contradicting...In the same policy guidance document refer points 113 to 120..

117. If you are a Director of a UK company when you apply you must provide:
A Current Appointment Report from Companies House:
A current appointment report will list the Directors of a company and the dates of
their appointment. You must obtain a printout of the Current Appointment Report
from Companies House (this will require paying a fee to Companies House).

118. The date of this document should be within the three months immediately before the date of
this application.

What the above points means is that...if you are already running a business as a director....just request and obtain a "current appointment report" from companies house....This document will be proof that you are the director of a business....The 3 month condition applies only for obtaining this document (The date this document was generated must be within 3 months) .....

Therefore, what I feel is, it actually doesn't matter when you register...you just need to provide latest documentations ...

[saeedusman]

Therefore, what I feel is, it actually doesn't matter when you register...you just need to provide latest documentations ...

So I am registered as sole trader since April 2011. And now I have to apply for this visa being on PSW status. I have to form an entrepreneur team and the other candidate is also on PSW but not registered for anything yet instead doing job and living in other part of UK.

Kindly someone advice what should be the next step for us. I am already running proper business and will be submitting accounts for past year this month.

Should I register now (along with the other candidate) as a director of NEW business, or EXISTING business?
What about appointments? What I know, we can register online with a small fee so no appointment is necessary, But I might be wrong because of limited knowledge about this process. Kindly guide.

Does the other candidate need separate registration as self employed as well?

Thanks

[Pialroy]

Hello everyone,
I am a new user of this forum, just trying to get information from this forum and trying to share some information's which might help others to proceed faster without confusion. well I was confused with this term "You must have been registered as self-employed or a director of a business within the last 3
months before submitting your application as a Tier 1 (Entrepreneur)." and now got one information from UKBA site hope that will help others too

" You must be applying from inside the UK, have leave as a Tier 1 (Post-Study Work) Migrant, and you were registered self-employed or as a director in the three months prior to the date of application. You must also be engaged in business activity in a graduate occupation, and have access to at least £50,000"
reference: https://www.points.homeoffice.gov.uk/gu ... AL_05_HELP
also you can browse this link
http://www.ukba.homeoffice.gov.uk/visas ... /applying/
go to that link you will see one link says calculate your point using point based calculator
then follow that link put the appropriate information's then in the 2nd page under "Entrepreneur"
there is a question "Do you have access to the appropriate funds? (See help below)"
and help link Help on this question (opens new window)
click on that link and you will get more information's from there. and I took that that information from there.

So my understanding is you have to get registered 3 month before your application. so for instance today is 7th April 2012 and you registered yourself as self employed or director today and you can apply after 90 days it means after 7th July. hope this information will help others. in simple word there is maturity time is 3 months or 90 days my understanding.

Hello everyone,

My current PSW leave will expire about April 20 and as you may already know a new route and facility has been introduced for applicants switching from PSW to Entreprenur status which requires a reduce availabe fund of 50,000.

Page 11 of the new policy guidance states:

(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to
administer his business, in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 and above,
as stated in the codes of practice for Tier 2 Sponsors published by the UK
Border Agency, and
(v) have access to not less than £50,000.


My question is regarding part (iii) as it states "on a date no earlier than three months prior to the date of application" which makes me confused and I was wondering what exactly it means, since further on page 12 it states that:

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur).

So, does it mean that if I register a company and appoint myself as the director before just couple of days before applying for the visa (considering all other conditions are met) then I will be eligible for this part of conditions or should I have been be registered for the whole duration (three month) to be eligible?

Your response is highly appreciated as I have a limited time to apply.

Link to new policy:

http://www.ukba.homeoffice.gov.uk/sitec ... ance11.pdf

[Pialroy]

I have three more quarries if anyone can help that will be really helpful.
1. "Class 2 National Insurance", do you have any idea about this, what does it mean? as when I came here I got one NI Number and running my business from last 3 years and paying tax and NI, and dont know whether my NI is class 2,3,4 or what?
2. "If the date on the Current Appointment Report was more than 8 months after your specified date
we will not award any points for this section." anybody have any idea what does it mean?
3. "has its business premises (unless you are self-employed and do not have a premises) or its
registered office or, if it has no registered office, its head office (for a Director of a company)
in the United Kingdom;". any idea about this? is that mean anything like if you are running a LLC and you are director then you have to have a office premises?
4. "are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above" now the question is I am registerd as director of my own LLC, then how to prove that my job pattern is meet that NQF level 4, but my business pattern meet NQF level 4 and it is registered business category code, so I can prove that with my business but not in person? anyone have any idea about this?
please if you have any information's then provide source as well

[saeedusman]

So my understanding is you have to get registered 3 month before your application. so for instance today is 7th April 2012 and you registered yourself as self employed or director today and you can apply after 90 days it means after 7th July. hope this information will help others. in simple word there is maturity time is 3 months or 90 days my understanding.

First thing first, we need to make it clear if it is WITHIN three months or AFTER three months we can apply.

I have read the links given by "Pialroy" and have checked the new updated applying section where they have added PSW and Graduate Entrepreneur sections to qualify for 25 points. It says:

or

You have access to not less than £50,000 and:

are applying for leave to remain; and
have, or were last granted, leave as a Tier 1 (Post-study work) migrant; and
were registered with HM revenue and Customs as self-employed, or a registered director of a new or existing business no more than 3 months before your application;

SO no more than 3 MONTHS mean?

We should re-register (because most of us are already registered as sole trader or limited company director) and then apply WITHIN three months.

Not logical though, but that is what is written in updated section and you can have a look yourself at the link below. Please correct me if I am thinking and going in wrong direction.

http://www.ukba.homeoffice.gov.uk/visas ... igibility/

Thanks

[Pialroy]

Dear Saeed Usman,
You didnt check that properly what I asked you guys to check,
Please calculate your point through point calculator. and it will ask you several questions after giving them all information then you will be forwarded to the next page where you will find a section "Entrepreneur" at the bottom of that section there is help hyperlink click on it and you will see more informations.
"" You must be applying from inside the UK, have leave as a Tier 1 (Post-Study Work) Migrant, and you were registered self-employed or as a director in the three months prior to the date of application. You must also be engaged in business activity in a graduate occupation, and have access to at least £50,000""
http://www.ukba.homeoffice.gov.uk/pointscalculator
It says you have to get registration 3 month before your application. and it sound more logical to me.
because in the policy guideline there is some other documents requirements, and those things you cant manage within 3 month after your registration that take more than that time.
anyway this is my understanding after go through that point calculation and other things.
still I am stuck with few more quarries if anyone here who can help.

1) With regard to the self employment registration, (Apart from HMRC documents, NI Contributions proof) HO requests a contract which shows we are involved in work other than administering the business which must be NQF level 4 and above, what could be the best evidence to prove this?


2) If I register myself as self employed on a different address than my home address (HMRC documents on different address, Bank statements on actual home address)... this is a genuine requirement for my business to have a different place than home to be distinct and professionally involved... is that still acceptable?

3. "Class 2 National Insurance", do you have any idea about this, what does it mean? as when I came here I got one NI Number and running my business from last 3 years and paying tax and NI, and dont know whether my NI is class 2,3,4 or what?
4. "If the date on the Current Appointment Report was more than 8 months after your specified date
we will not award any points for this section." anybody have any idea what does it mean?
5. "has its business premises (unless you are self-employed and do not have a premises) or its
registered office or, if it has no registered office, its head office (for a Director of a company)
in the United Kingdom;". any idea about this? is that mean anything like if you are running a LLC and you are director then you have to have a office premises?
6. "are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above" now the question is I am registerd as director of my own LLC, then how to prove that my job pattern is meet that NQF level 4, but my business pattern meet NQF level 4 and it is registered business category code, so I can prove that with my business but not in person? anyone have any idea about this?

SO no more than 3 MONTHS mean?

We should re-register (because most of us are already registered as sole trader or limited company director) and then apply WITHIN three months.

Not logical though, but that is what is written in updated section and you can have a look yourself at the link below. Please correct me if I am thinking and going in wrong direction.
Thanks

[rsrameshsunil]

guys...finally there is some clarity......as i posted in my previous comment...looks like I am correct....

Please refer the new application form for Tier 1 entrepreneur visa....

The following items needs to be filled in the form when applying....

G18. The applicant must demonstrate they are registered either as self employed or as a
director at the time that they apply.

G20. The applicant must tick to confirm that the specified document has been supplied to
demonstrate their current registration as a director.


Its now clear that ....YOU JUST NEED TO BE REGISTERED AS A DIRECTOR AT THE TIME YOU APPLY..... (the 3 months condtions is only for submitting documentations/evidences..meaning you cannot submit documents that are older than 3 months).....

hope this helps....

[saeedusman]

I was just checking the new Policy Guideline valid from 6th April and found this:

iii. Registered with HM Revenue and Customs as self-employed; or registered as a
director
You must have been registered as self-employed or a director of a business within the last 3
months before submitting your application as a Tier 1 (Entrepreneur).

So clearly need new/fresh registration within three months and need to be supplied with the application.

ONE more interesting thing I just realized that we can add up the already invested money and then get the remaining balance (or from Third Party Funding) into account to make £50K and eligible to apply for visa.

Now another question, if we get re-register as self-employed or director, how we can add up the already invested money which was invested on previous registration?

I believe the things are complicated because we are the first batch to be tried/tested for this new category. So hit and trial method for us. But the things are much more cleared after this discussion and hopefully we will reach on final conclusion about the required documentation.

Thanks

[rabeel]

I personally believe that we do not need to show any self employment registration, graduate level of occupation, marketing material and business contract for initial application. As far as we can show 50k funds access, we are fine. It is only for extension applications or for those who have already invested some funds in UK. Please check page 31 of new Tier 1 Entrepreneur application form. You will understand what I am trying to say.

http://www.ukba.homeoffice.gov.uk/sitec ... r-form.pdf


Please let me know your comments on it. Many Thanks

[saeedusman]

Many more questions will come once you read the complete application forms.

It needs many more evidences for previous investments, business bank account, advertisement for that particular NQF Level 4 etc.....

Does anyone have planned the things how to proceed?

I mean I am registered as sole trader since last year, have paid NI as well and will be submitting accounts this year. But I have not got any business account, instead using personal bank account. How much it will matter?

I can come under IT Technician because I have Mobile phones and Computer shop and I can say that I am doing all IT services including small network maintenance and upgrade (because I am M.Sc Telecom Engg from UK as well). But no record of advertisement for the business, only uploaded on free websites and got many customers from there.

Can anyone please help?

And I have to add another candidate (not self employed, no tax, not coming very well on NQF L-4, but has good experience of customer services and marketing, because is doing job in Boots as a dispenser, so might come under customer service and purchasing assistant category which is falling under NQF L-4, and has done MBA from UK), so how should I proceed with Entr. Team application?

Thanks

[15Jan]

Are you sure, you can get T1(Ent.) for only £25K ??

[saeedusman]

Are you sure, you can get T1(Ent.) for only £25K ??

If you have already invested 25k in last 12 months, then you can add up that investment and show another 25k to make it 50k in total, provided you meet all other conditions, like PSW, Proper business and everything as mentioned in guideline. Then strong chances to get that.

[MILI]

I am really confused…. I read the whole application and nowhere it asking that we need to engaged in business activity…..i know it states in policy guildline that “ engaged in business activity, other than the work necessary to administer your business. Your occupation must appear on the list of occupations at the National Qualifications Framework level 4 and above, as stated in the codes of practice for Tier 2 sponsors.”

I Have not started doing any bussiness so could someone advice me if I should start a business now or after the application????

[MILI]

[quote="rabeel"]I personally believe that we do not need to show any self employment registration, graduate level of occupation, marketing material and business contract for initial application. As far as we can show 50k funds access, we are fine. It is only for extension applications or for those who have already invested some funds in UK. Please check page 31 of new Tier 1 Entrepreneur application form. You will understand what I am trying to say.

http://www.ukba.homeoffice.gov.uk/sitec ... r-form.pdf


Please let me know your comments on it. Many Thanks[/quote]


I think you are wrong; see Group d in application form in page 34; In order to get the visa you need to have all these below evidence
(Policy guideline page 11-12)
1. Last granted, leave as a Tier 1 (Post-Study Work) Migrant,
2. On a date no earlier than three months prior to the date of application,
3. Registered self-employed, or director
4. Have access to not less than £50,000
5. Engaged in business activity, other than the work necessary to
administer his business, in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 and above,
as stated in the codes of practice for Tier 2 Sponsors published by the UK
Border Agency,

The documents required to prove the point 5 are:-
(Evidence of graduate level occupation Policy guideline page 25-26)

a. You must provide your own job title, and confirm that the job title appears on the graduate level occupation list available in the codes of practice,
b. You must provide one or more documents from the following list to confirm your business activity:
a. Advertising or marketing material that has been published locally or nationally, showing your name (and the name of the business if applicable) together with the business activity. This can include printouts of internet advertising;
b. Article(s) in a newspaper or other publication showing your name (and the name of the business if applicable) together with the business activity. This can include an online link to the publication;
c. Information from a trade fair(s) that you have had a stand or given a presentation to market your business. This must show your name (and the name of the business if applicable) together with the business activity;
d. Personal registration with a trade’s body linked to your occupation.

c. You must also provide one or more contracts showing trading. We will accept original documents or copies, but if it is a copy you must sign each page of the contract. The contract must show:
• Your name and the name of the business,
• the service provided by your business; and
• the name of the other party/parties involved in the contract and their contact details.
These must include their full address including postal code, landline
phone number and any email address.

Please let me know your comments on it. Many Thanks

[saeedusman]

Please let me know your comments on it. Many Thanks

Everything is right what you have explained.

One important point which I have noticed that you should also have business bank account. I mean I am trading since last year but using personal account instead of bank account. And now I am thinking that I am in difficulty if I want to show the previous investment and spending. They might object and reject because of violation of law by not having the business banking.

Can anyone please guide what to do in this situation?

What if I open business bank account now and wait for another couple of months and then apply. I think business bank account is must even if you have to show previous spending or not. As soon as you are registered sole trader, you should must have business banking.

Correct me if I am wrong and your guidance will be appreciated. Thanks

[nedxx]

I think if we just show that we were at some point during the 3 month registered with HMRC as selfemployed or a business director it should be satisfactory.

However, the question raised is that why Selfemployment welcome letter that was issued within 3 month prior to application has not been listed as an approved document.

Again I guess that this part of the guidance is a copy-paste from Entreprenur extension section and therefor they might have missed add it to the list, which is a possibility. Because there are actually more serious issues with the form, for example on page 31 right below the table it is stated that "if all evidence of investment funds has now been provided goto H" however if you do that you will miss G18 on page 34 which is all about switching from PSW. It is very easy to miss this part and probably the application will be refused.

Now my question about the NQF L-4 requirement, is there anywhere mentioned that you have to have relevent degree or qualification? I don't see any relevant document requested on form or guidance. For example I have MBA but my company is in programming and web designing business, I have also been into programming and been a webmaster for more than a decade but mostly thought experince, now do I have to be worried about my qualification (degree) not matching my job?

[saeedusman]

Now my question about the NQF L-4 requirement, is there anywhere mentioned that you have to have relevent degree or qualification? I don't see any relevant document requested on form or guidance. For example I have MBA but my company is in programming and web designing business, I have also been into programming and been a webmaster for more than a decade but mostly thought experince, now do I have to be worried about my qualification (degree) not matching my job?

I have not also seen any of the requirement mentioned anywhere for related degree. So I think you should be OK.

Have you had business account to show all this?
Kindly refer to my last post on page-1. We posted same time so you might have missed that.

Thanks

[Humv]

Hello guys,

I have been going thorugh this whole discussion. I am currently on PSW and i want to switch to Enterprenur Tier1. Currently I am working and not doing any business. What steps I should be taking before applying for Tier 1 enterprenur
1.Register company as self employe or as a director
2.Money in bank £50000
3.Maintenance

now according to application form there is a requirement;

"c. You must also provide one or more contracts showing trading. We will accept original documents or copies, but if it is a copy you must sign each page of the contract. The contract must show:
• Your name and the name of the business,
• the service provided by your business; and
• the name of the other party/parties involved in the contract and their contact details.
These must include their full address including postal code, landline
phone number and any email address. "


Do you need to get the contract for your comapny before you apply for TIER1 Enterpreneur?


I mean you setup company advertise it and then you have to have contract aswel?

I am really really confused right now.

Please help!

[rabeel]

Please let me know your comments on it. Many Thanks

Dear MILI if you read on application form page 31 carefully it says:

If all the evidence of investment funds has now been provided, go to H.
If some of the funds have already been invested in a UK business, continue at G11.

And all required things you are talking about comes in G18 to G23 but if you can show evidence of investment funds we do not need to fill G11 to G23 part and can go straight to section H. Please read things carefully before saying someone that you are wrong. I hope you will understand this time.

[nedxx]

Now my question about the NQF L-4 requirement, is there anywhere mentioned that you have to have relevent degree or qualification? I don't see any relevant document requested on form or guidance. For example I have MBA but my company is in programming and web designing business, I have also been into programming and been a webmaster for more than a decade but mostly thought experince, now do I have to be worried about my qualification (degree) not matching my job?

I have not also seen any of the requirement mentioned anywhere for related degree. So I think you should be OK.

Have you had business account to show all this?
Kindly refer to my last post on page-1. We posted same time so you might have missed that.

Thanks

As far as I know, if you are a selfemployed business account is not compulsary:

"You'll need to keep your business records separate from and for longer than your personal records. Most businesses find that it helps to have a separate business bank account."

Source: http://www.hmrc.gov.uk/sa/rec-keep-self-emp.htm

But my undrestanding from terms account and business account for the purpose of showing the invested fund (on page 21 of policy guidance) is accounting account rather than bank account.

"Businesses that are not required to produce audited accounts must provide unaudited
accounts, sometimes called management accounts, together with a certificate of
confirmation from a suitably regulated accountant"

What you may need is an accountant to sort that out for you and you may even don't need a bank statement after all to prove how much money is invested as long as the accountant is "suitable regulated accountant"