Tier 1 Team member switching to ILR

[geordie]

Hi
I applied for Tier 1 Ent 50K PSW route along with my business partner (team member) in Sep 13. We both have done our Biometrics in 2nd week of October 13.
My business partner(team member) has completed his 10 yrs while Tier 1 application is still not decided and now he wants to change his Tier 1 application into ILR application.
Will this situation affect my application ?
If answer is YES then what you guys suggest me to do ?
Best regards

[ILR1980]

Make fresh application if you still have leave to remain

[geordie]

Make fresh application if you still have leave to remain

Thank for reply
Sorry I forgot to mention, my leave to remain (PSW) has already expired in Sep 13.

[Olasunkanmi]

@ Geordie, you can VARY your present application without paying another fee by sending another application form as a single applicant and making sure that 50k funds is made available to you either in your personal account or by getting third party sponsor letter. If your new application form get to them before they decide your first application then you should be fine.

[geordie]

@ Geordie, you can VARY your present application without paying another fee by sending another application form as a single applicant and making sure that 50k funds is made available to you either in your personal account or by getting third party sponsor letter. If your new application form get to them before they decide your first application then you should be fine.

Thank you very much for your quick reply

As you suggested to VARY application before it gets decided so should I assume that if team member applies for ILR then my application will be considered as INVAILD application straight-way ?

[Olasunkanmi]

@ Geordie, you can VARY your present application without paying another fee by sending another application form as a single applicant and making sure that 50k funds is made available to you either in your personal account or by getting third party sponsor letter. If your new application form get to them before they decide your first application then you should be fine.

Thank you very much for your quick reply

As you suggested to VARY application before it gets decided so should I assume that if team member applies for ILR then my application will be considered as INVAILD application straight-way ?

Very likely as your team application wont be applicable to both of you again, and you can either withdraw or change your application to single.

[Olasunkanmi]

@ Geordie, I guess you should have been planning for this scenario as you are aware that your team member is getting closer to 10yrs long residency.

[geordie]

@ Geordie, I guess you should have been planning for this scenario as you are aware that your team member is getting closer to 10yrs long residency.

Many thanks once again

I am planning to VARY my application into Tier 4 student. Am I eligible if I meet the student criteria ?
VARY application to Tier 1 without team member will include a lots of work again like
Registering new business
Planning new business
Business contract etc etc
Hence I'll prefer to go for Tier 4 student because I need 12 months to be eligible for ILR
What would you recommend ?
Any opinion will be highly appreciated
Regards

[Olasunkanmi]

@ Geordie, I think that you should be eligible for Tier 4 application if you haven't spent the maximum no of years allowed on the Tier 4 scheme.

[geordie]

@ Geordie, you can VARY your present application without paying another fee by sending another application form as a single applicant and making sure that 50k funds is made available to you either in your personal account or by getting third party sponsor letter. If your new application form get to them before they decide your first application then you should be fine.

I have few more questions
What changes I need to make in my current application other than new form ?

Do I need to remove my team member from Company directors or he still can be my business partner (not team member though)?
Do I need to submit new application form for dependants as well ?
Our funds are in joint account and I've submitted a bank letter stating that I have full access to all available funds. Do I need to transfer the funds into my personal account or joint account with bank letter is sufficient ?

Best Regards

[Olasunkanmi]

@ Geordie, the earlier you submit your fresh application for VARY, the better so you can still keep your appeal right because if your application get refused, you wont get appeal right for fresh application unless you still have leave to remain when fresh application is submitted.

What changes I need to make in my current application other than new form ?

There will be lot of changes in single application as you will be sole director and will need to see if your job title is still ok as well.

Do I need to remove my team member from Company directors or he still can be my business partner (not team member though)?

Its better to remove your team member as director so that you can be the only director, but I don't think that its mandatory that you should be the only director in your company.

Do I need to submit new application form for dependants as well ?
I don't think there should be any changes for your dependants.

Our funds are in joint account and I've submitted a bank letter stating that I have full access to all available funds. Do I need to transfer the funds into my personal account or joint account with bank letter is sufficient ?

The money can still be in the joint account, but your former team member will need to stand for you now as a third party sponsor because he is also providing you his portion of funds in the joint account. So he will have to give you a third party sponsor letter and also personal declaration letter showing he is giving you access to the joint account and the declaration letter should be attest by a legal representative.

[geordie]

The money can still be in the joint account, but your former team member will need to stand for you now as a third party sponsor because he is also providing you his portion of funds in the joint account. So he will have to give you a third party sponsor letter and also personal declaration letter showing he is giving you access to the joint account and the declaration letter should be attest by a legal representative.

Thank you very much for your advise and help. I am confused about the last point of this

Bank statements for money held in the UK

For money held in the UK only, a recent personal bank or building society statement from the UK financial institution holding the funds, which confirms the amount of money available to you or your entrepreneurial team.

The total amount of available money must be either at least £200,000; or at least £50,000, as applicable. If the money is held in several financial institutions, you must supply a statement from each institution.

The statements must be original documents and not a copy, and:

the bank or building society holding the money must be based in the UK and regulated by the FSA;
the money must be in cash in the account. We will not accept ISA accounts or assets such as stocks and shares; and
the account must be in your own name only (or both names for an entrepreneurial team) only. Accounts in the name of a business or third party will not be accepted.

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