Conundrum

[EL CHOLO CARAYOL]

Hi,

Could anyone enlighten me on the following situation:

Person X is on Tier 4 in UK with visa ending in June 2016.

Person X wants to switch to T 1, has £50 K from VC.

Person X wants to form entrepreneurial team with Person Y.

Person Y is on Tier 5 with visa finishing in Nov 2015.

Assuming Person Y cannot switch to Tier 2, Person Y will have to go back to home country to seek to apply for Tier 1.

So my question is the following:

Can Person X and Y apply for T 1 together as an entrepreneurial team in this situation in Nov 2015?

The obvious problems are:

Can Person X switch from T 4 to T1 in Nov 2015 when T4 visa is expiring in June 2016?

Can Person X switching inside the Uk form entrepreneurial team with Person Y applying from outside the UK?

[Mr Legal]

Hi,

Could anyone enlighten me on the following situation:

Person X is on Tier 4 in UK with visa ending in June 2016.

Person X wants to switch to T 1, has £50 K from VC.

Person X wants to form entrepreneurial team with Person Y.

Person Y is on Tier 5 with visa finishing in Nov 2015.

Assuming Person Y cannot switch to Tier 2, Person Y will have to go back to home country to seek to apply for Tier 1.

So my question is the following:

Can Person X and Y apply for T 1 together as an entrepreneurial team in this situation in Nov 2015?

The obvious problems are:

Can Person X switch from T 4 to T1 in Nov 2015 when T4 visa is expiring in June 2016?

Can Person X switching inside the Uk form entrepreneurial team with Person Y applying from outside the UK?

To keep aside your rest of questions,just consider your first course of action that is you wish to switch from teir 4 to entrepreneur investing 50k.
No you cannot switch from student to entrepreneur with 50k investment.you need to arrange 200k.

[Lucapooka]

He has previously stated that his seed capital is coming from VC. One must assume he knows the conditions for VC applications and is able to meet those.

[BlackBirdSSG]

Lets see what the law says:

Code: Select all

If you are in the UK with permission to stay as:
- a Tier 4 migrant
- a Student nurse
- a Student
- a Student writing up a thesis
- a Student re-sitting an examination
- a Postgraduate Doctor or Dentist

you are allowed to make an initial application in the UK (including switching from one immigration category to another) only if you have specific types of funding. You must have access to £50,000 or more from: 

i) one or more registered venture capital firms regulated by the Financial Conduct Authority (FCA);
ii) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investment (UKTI) website; or
iii) one or more UK Government Departments or Devolved Government Departments in Scotland, Wales or Northern Ireland, which is made available by the Department(s) for the specific purpose of establishing or expanding a UK business.

So, if you are getting funded by VC (provided you have fulfilled all of their requirements), you can apply as of NOW.

& Yes, if the immigration laws and situation remains same, you can apply as a team member with anyone who is on a points based system (or on prospective entrepreneur) in the next 2 years too (however, it's highly unlikely)

[Olasunkanmi]

@ EL CHOLO CARAYOL,

Assuming the rules for Tier 1 entrepreneur doesn't change by the time they will be applying, they can both apply as entrepreneur team with 50k funding from VC as long as both of them have their names on the letter from VC. They can also apply from anywhere or one in UK and another abroad.

[EL CHOLO CARAYOL]

Thanks for the reply guys, much appreciated as always.