UK Immigration Rules: where do they say how a Tier 4 Student can (or can’t) switch to a Tier 1 Entrepreneur visa?

By 1st 4Immigration - #1 UK Immigration Experts -
As always, the answer is in the Rules. If you are studying in the UK on a Tier 4 Student visa, you may consider to applying for a Tier 1 Entrepreneur visa when have completed your course. In our practice we are often asked whether a student can switch to an Entrepreneur visa inside the UK, ie without leaving the country.

In most cases, the answer is No and here is where to find out:

Look in the Immigration Rules, in this case we are going to Appendix A, Attributes: https://www.gov.uk/government/publications/immigration-rules-appendix-a  , section called Attributes for Tier 1 (Entrepreneur) Migrants:

“36A. An applicant who is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as:

(i) a Tier 4 Migrant ... (and former student categories)
will only be awarded points under the provisions in (b)(ii) or (b)(iii) in Table 4.”

So, now we are going to the Table 4: Table 4: Applications for entry clearance or leave to remain referred to in paragraph 36.

We need point (b): “(b) The applicant has access to not less than £50,000 from:” and then points (i) and (ii):

“(i) one or more registered venture capitalist 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 website, or ...“

What does it mean? If means only those Tier 4 migrants who have access to £50,000 (not £200,000) from a venture capitalist firm or seed funding competition, both as mentioned above, can switch to a Tier 1 (Entrepreneur) visa inside the UK.

Those who don’t, which is the majority, have to apply from outside the UK and with the full amount of £200,000!

For an individual advice or  for our services with Tier 1 (Entrepreneur) visa, including compliance while holding a visa, please visit this page: http://www.1st4immigration.com/tier-1-entrepeneur-visa.php


For help with a compulsory business plan: http://www.1st4immigration.com/business-plan-writing.php


If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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