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PSW to Entreprenur new policy after 6 of April

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: My Understanding

Post by Greenie » Tue Apr 17, 2012 11:18 pm

solomondid wrote:
serious wrote:
rabeel wrote:
serious wrote:kindly give me your comments

thank you very much deat Rabeel,,,

But still i am not sure,, like if i am starting runing my own shop ,, can i say that i am involved in marketing and management of my business because marketing manager profession does come in that level 4 list?
I am right or wrong ,, ?

Please guide me

Regards
I dont think you will be awarded points if you own shop and register self employed, you may be better off registering as director because being a director may be an occupation above NQF level 4. Please wait for experts to respond though.

please see para 55(iv) of the policy guidance

Other than the work necessary to administer the business, your main business activity must
be working at graduate level.
We will not take into account the tasks involved with the
running of the business for this assessment
.
For example
• If the business is software sales and your main activity is developing software, you may
qualify for points;
• If the business is a taxi firm, the main occupation is driving a taxi and you will not score
points even though you manage the business. Your main activity is providing a taxi
service which is not skilled to graduate level

hmd
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Re: My Understanding

Post by hmd » Wed Apr 18, 2012 12:47 pm

MILI wrote:hi all,

see the below video .. it is helpfull

http://www.youtube.com/watch?v=Cn5nCdw0GXY



Humv wrote:
MILI wrote:

The solicitor said that this visa is for people in psw who the UKB encourage to start business in UK… so all we have to do is
a) Register company as self-employee or as a director within 3 months before applying for visa b)Access to £50000 c) Maintenance fund d) English lang

Are you saying now we have to show a contract and Advertise the job?
Do you know when they will amend it??


Does anyone else know the UKBA view regarding this????


I have contacted mu solicitor too and read all of the documentation myslef on ukba website. there is no mistake.all psw holders need to do is
a)Register company as self-employee or as a director within 3 months before applying for visa
b)Access to £50000
c) Maintenance fund
d) English language

advertisement and all other requirements apply to
1)Intial applicants who already have invested some of their money
and to Extensions applicants.
Last edited by hmd on Wed Apr 18, 2012 7:37 pm, edited 1 time in total.

dolmas
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3 Month Rule Clarification

Post by dolmas » Wed Apr 18, 2012 4:57 pm

Regarding the 3 month rule for registered as director or as self-employed, I think the following helps to clarify:

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

If you look under the "Extension applications" section for those [b]*extending*[/b] their Tier 1 (Entrepreneur) visa, you note that it also lists:

[i]You are engaged in business activity at the time of your extension application, and you can prove that within the last 3 months earlier you have been:
registered with HM Revenue & Customs as self-employed; or
registered a new business in which you are a director; or
registered as a director of an existing business.[/i]

It would make no sense for someone who is extending their entrepreneur visa (after 3 yrs) to suddenly have to do a fresh registration with Companies House i.e. suddenly start a new company, or at that point become a director of an additional company. The only logical conclusion I have is that you must have proof that in the 3 months prior to application that you were classed as a registered director (whether or not that registration first took place years ago). So that the 3 month rule is more about how 'current' your directorship still is.

WARNING: pls note that I am not a legal expert.

nedxx
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Form is updated

Post by nedxx » Wed Apr 18, 2012 6:28 pm

The form is now updated and the mistake on page 31 has been edited.

http://www.ukba.homeoffice.gov.uk/sitec ... form11.pdf

hmd
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Enterpruner Team For PSW Applicant

Post by hmd » Wed Apr 18, 2012 6:51 pm

58.If you have formed an Entrepreneurial Team with another applicant, the documents must
confirm that the funds are available to both team members. Your Entrepreneurial team member
must also qualify to use the same amount of investment if the total amount available to your
entrepreneurial team is £50,000 or more. If the other team member does not also qualify for
this level of investment, the total amount available to the team must be at £200,000 or more.

I have few questions:-
1. Both Applicant should have to be on PSW and need to be in UK???
2. What do they mean by same amount like 50,000 and 50,000 or 25,000 & 25,000
3. Both has to regisered as self-employed/Directors & satisfy the Graduate LEvel Job???

Any thought on this will be highly appreciated
Last edited by hmd on Wed Apr 18, 2012 7:49 pm, edited 2 times in total.

Humv
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Re: Form is updated

Post by Humv » Wed Apr 18, 2012 7:26 pm

nedxx wrote:The form is now updated and the mistake on page 31 has been edited.

http://www.ukba.homeoffice.gov.uk/sitec ... form11.pdf

according to the changes two more points have been added for PSW holders.

G22. The applicant must provide one or more documents from the following list to
confirm their business activity. Please tick to confirm what is provided:

Advertising or marketing material
Article in a newspaper or other publication
Information from a trade fair
Registration with a trade’s body


G23. The applicant must provide one or more contracts for work to demonstrate trading. Please tick to confirm:

Yes one or more contracts have been supplied
No no contracts have been supplied


in regards to G22 you can show advertisment material of your company. Maybe newspaper advert.


and what about G23 how can you just register your company and can get contracts straight after? and if you select second option;
'No contracts have been provided'
what would happen? will your application be refused?

MILI
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Re: Form is updated

Post by MILI » Thu Apr 19, 2012 10:18 am

[quote="Humv"][quote="nedxx"]The form is now updated and the mistake on page 31 has been edited.

http://www.ukba.homeoffice.gov.uk/sitec ... form11.pdf[/quote]


according to the changes two more points have been added for PSW holders.

G22. The applicant must provide one or more documents from the following list to
confirm their business activity. Please tick to confirm what is provided:

Advertising or marketing material
Article in a newspaper or other publication
Information from a trade fair
Registration with a trade’s body


G23. The applicant must provide one or more contracts for work to demonstrate trading. Please tick to confirm:

Yes one or more contracts have been supplied
No no contracts have been supplied


in regards to G22 you can show advertisment material of your company. Maybe newspaper advert.


and what about G23 how can you just register your company and can get contracts straight after? and if you select second option;
'No contracts have been provided'
what would happen? will your application be refused?[/quote]



HUMV... I guess they could reject ur application ...i am in ur same situation how can we contract in such a short time??

MILI
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Post by MILI » Thu Apr 19, 2012 3:29 pm

Hi All ,

Please read the email I received from UKBA today,,,

If you are applying from Post Study Work and are switching into Entrepreneur via the Group D route then you are expected to already be working in the new business with the evidence required in question G22.
If you have not invested the £50,000 at the time of application you will need to demonstrate that you have the appropriate level of funds available for you to invest, along with providing evidence regarding advertising the business and provide one or more contracts as per the published guidance
Last edited by MILI on Thu Apr 19, 2012 9:08 pm, edited 2 times in total.

Humv
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Posts: 111
Joined: Fri Nov 04, 2011 6:57 pm
Contact:

Post by Humv » Thu Apr 19, 2012 3:42 pm

MILI wrote:Hi

Humv
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Posts: 111
Joined: Fri Nov 04, 2011 6:57 pm
Contact:

Evidence of contract

Post by Humv » Fri Apr 20, 2012 1:35 pm

G23. The applicant must provide one or more contracts for work to demonstrate trading. Please tick to confirm:

Yes one or more contracts have been supplied
No no contracts have been supplied





does anyone have idea how and what an initial applicant needs to show as evidence?

DEMO
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Post by DEMO » Fri Apr 20, 2012 5:51 pm

@MILI

Following your last message.

is that means I'll have to advertise online as doing an IT business. Will I have to attache piece of paper saying I've advertised online for my business.
I dont have any client at the moment and will start my business early next month.

I'm on PSW visa.

fasi2530
Member
Posts: 116
Joined: Fri Apr 20, 2012 7:52 pm
Location: Newcastle, Tyne and Wear

PSW to Enterpreneur

Post by fasi2530 » Sat Apr 21, 2012 5:42 pm

Is that any new information out for this VISA .

how can we fullfill this requirement like open new company and get contract each and every thing .


faisal
Faisal

nedxx
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Contact details

Post by nedxx » Tue Apr 24, 2012 10:40 am

MILI wrote:Hi All ,

Please read the email I received from UKBA today,,,

If you are applying from Post Study Work and are switching into Entrepreneur via the Group D route then you are expected to already be working in the new business with the evidence required in question G22.
If you have not invested the £50,000 at the time of application you will need to demonstrate that you have the appropriate level of funds available for you to invest, along with providing evidence regarding advertising the business and provide one or more contracts as per the published guidance
I need to contact with UKBA, would you please let me know the contact details you used to get in touch with them?

Thanks,

harun
Newbie
Posts: 32
Joined: Tue Dec 20, 2011 3:11 am

Re: My Understanding

Post by harun » Wed Apr 25, 2012 12:56 am

rabeel wrote:
serious wrote:kindly give me your comments
many thanks

Dont worry. Not all of the lawyers have same expertise. Please check link below if you can fit well in any of the job titles given by UKBA :

I think the lawyer is right as my understand from the example in the guidlines indicates:
(("• If the business is software sales and your main activity is developing software, you may qualify for points; • If the business is a taxi firm, the main occupation is driving a taxi and you will not score points even though you manage the business. Your main activity is providing a taxi service which is not skilled to graduate level."))
means business have to have a graduate level (NQF 4 or above) job and it has to be the main (directly invole with the business) activity.
therefore, restaurants and fast food business are in food and accomodation catagory where there is no NQF4 level jobs. However, I am not an expert, its all my understanding from the guidlines.

luqmanzaheer
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Contact:

Post by luqmanzaheer » Fri Apr 27, 2012 12:11 pm

I am currently on psw visa which is going expire in july 19 2012 i want to switch NEED Tier 1 (Entrepreneur) i have some dificulties plz help me; currently i am director of a travel agency with one other partner my questions are

> my job title is DIRECTOR OF FINANCE AND BUSINESS DEVELOPMENT is this fine bcz as in job code of practise said travel agent manager are not qualify for nvqf level 4 but this job qualify for nvqf lavel 6. so my question is am i able to apply with this title no mater running travel angency.

> is investment need to be in my personal bank account or company account which is on both of us name.

> is there any kind of declaration needed from other partner

> how long investment need in account and how long bank statement required and what documents required from bank to proof funds

> i am not share holder of business what kind of proof needed for investment on own name

pervez01
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Location: London

Post by pervez01 » Sun Apr 29, 2012 9:24 pm

I am thinking of converting my PSW visa to Tier1 Entrprenuer visa. Now i was thinking of investing £20K in the business and show £30K in my account for total of £50K for initial application. However I just read this in the policy guidelines Appendix A.

"Money should be fully used in the business and not held in the business bank account in order to qualify for the award of points

Money deposited in a bank account, even if it is in a United Kingdom business bank account, is not counted as investment in business. The money should be used in the business to encourage growth or expansion, to improve services or products and to ensure the business is profitable."

Now my question is, is this requirement for extension application? or I will have to have spent this money as soon as I invest in the business? even for my initial application?? I was thinking I can just show the £20K investment just by showing the business accounts? but do I also have to spend it as well?? please let me

Mag8891
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Posts: 19
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check guidance

Post by Mag8891 » Mon Apr 30, 2012 12:24 pm

to pervez01 my view your will be OK, check guidance here

"Only money held in a regulated financial institution will be accepted for the award of points A9. The money must be held in one or more financial institutions (for example a bank or building society), each of which must be regulated by the appropriate regulator in the country where they are operating. In order for a firm to hold money on someone’s behalf the financial institution must first be authorised by its home regulator and meet the minimum requirements to safeguard these funds. This activity is usually referred to as ‘deposit taking’. Money held in a financial institution that is not regulated by the home regulator will not be accepted for the award of points"


your comment is regarding the actual investment that applies for extension applications.


I am interested in the same questions for psw - tier 1 entrepreneur switch:

>how long investment need in account and how long bank statement required

> if I a director, but not a share holder of business will it be OK

Thanks for your replies and for this forum!

Mag8891
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guidance pages 52 and 53

Post by Mag8891 » Mon Apr 30, 2012 12:26 pm

to luqmanzaheer

check guidance pages 52 and 53 for declaration templates.

saeedusman
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Post by saeedusman » Mon Apr 30, 2012 12:28 pm

luqmanzaheer wrote: > my job title is DIRECTOR OF FINANCE AND BUSINESS DEVELOPMENT is this fine bcz as in job code of practise said travel agent manager are not qualify for nvqf level 4 but this job qualify for nvqf lavel 6. so my question is am i able to apply with this title no mater running travel angency.


Not Sure about this.

> is investment need to be in my personal bank account or company account which is on both of us name.

If it is company, then in company's account.

> is there any kind of declaration needed from other partner

No

> how long investment need in account and how long bank statement required and what documents required from bank to proof funds

No specific requirement. But better to have for couple of weeks. Just the bank letter and bank statement. MUST mention the required points on the letter (to qualify for 75 points).

> i am not share holder of business what kind of proof needed for investment on own name

Mag8891
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Post by Mag8891 » Mon Apr 30, 2012 3:49 pm

saeedusman wrote:
luqmanzaheer wrote:


> is investment need to be in my personal bank account or company account which is on both of us name.

If it is company, then in company's account.

Are you sure about that? if it is in company bank account it means it has been invested in some way.

I thought just the applicants account would work the same if the avaliable funds would be at third parties bank account?

sagar2009
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Evidence of graduate level occupation??

Post by sagar2009 » Mon Apr 30, 2012 11:43 pm

Hi guys,Hope you are doing well.
After reading all the post and reply i haven't got any idea on how to go about with the business trade contracts.
I plan on switching from my PSW in June and open a company in MAY.My business activity would be as a textile retailer.
Can you please Suggest a way on how to go about with business contracts as there would be non initially.

Following are the Tier1 Entrepreneur Trade contract guidelines proof of NQF level 4 and above:-
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
.

Thank you very much in advance.

luqmanzaheer
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Post by luqmanzaheer » Tue May 01, 2012 1:05 pm

Dear friends:
i am director of a travel agency and my Job title or role is "Director of finance and business development " am still confuse because according to ukba travel agent is not qualify for nvqf 4 i want to know is it true my job is still able to get points, no matter we are running a travel agency
according to ukba example i have seen in guidance i thing this job is alright because my job title is in nvqf level 6 no mater what we are doing. plz let me know am i right

sameer2012
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£50,000 investment in the personal account?

Post by sameer2012 » Tue May 01, 2012 10:51 pm

Hi can anyone please tell me for how long we need to show £50,000 in our personal account for tier 1 (Entrp).
Thanks
SAMEER

sagar2009
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Re: £50,000 investment in the personal account?

Post by sagar2009 » Wed May 02, 2012 12:05 pm

sameer2012 wrote:Hi can anyone please tell me for how long we need to show £50,000 in our personal account for tier 1 (Entrp).
Thanks
There is no specific time or duration for the investment funds.You can even put the funds 2 days before your application and provide UKBA with the Bank letter.
To be on the safe side its always better to have funds in your account till the time your application is with the UKBA.

Do not confuse it with maintenance funds as they need to be in your current or saving account for at least 90 days period prior to your application.

saeedusman
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Post by saeedusman » Thu May 03, 2012 10:49 am

Mag8891 wrote:
saeedusman wrote:
luqmanzaheer wrote:


> is investment need to be in my personal bank account or company account which is on both of us name.

If it is company, then in company's account.

Are you sure about that? if it is in company bank account it means it has been invested in some way.

I thought just the applicants account would work the same if the avaliable funds would be at third parties bank account?
If I just open a company account and put some money in that, it means that company have this much funds in account which can be invested later on. You can also keep funds in your own account and show them. You can also use third party funding as mentioned in guideline but must need to complete all the relevant documentation. Simple, better and straightway fulfillment of the requirement will be to keep everything in your own name.

Locked