A non-EEA national on a Tier 2 General visa approached us because his employer’s sponsorship licence had been revoked by the Home Office. His wife, who he met and married in the UK, was here on a Tier 1 Entrepreneur visa.

Client’s objective

The client wanted to remain in the UK to seek further employment, especially as his wife had established a successful business in the UK.

Implications of employer’s sponsor licence being revoked

If a Tier 2 General migrant’s employer has their sponsor licence revoked, the effect is that the Tier 2 General migrant’s certificate of sponsorship is cancelled and the current visa is limited to 60 days (or until the expiration of the visa, whichever is shorter). As a result of the sponsor licence being revoked, our Tier 2 General client’s visa was limited and his options were therefore to leave the UK, or to make a new visa application before the new expiry date of his Tier 2 General visa.

Switching to a Tier 1 Entrepreneur Visa

At the time of instruction, the Tier 2 General migrant had less than 2 weeks until the expiry of his visa. He had been looking for another job with an employer who could sponsor him but he had failed to secure a job offer and was starting to look at other options. He was considering applying as a Tier 1 Entrepreneur but was concerned that this would require him to leave the UK for a lengthy period to prepare his Tier 1 Entrepreneur application.

Through discussions about his personal circumstances we learned that his wife was already in the UK on a Tier 1 Entrepreneur visa and we therefore suggested that he applied to become her dependent. Becoming his wife’s dependent meant that any time he had accrued as a Tier 2 General migrant for the purpose of obtaining indefinite leave to remain, would be lost. In any event, as he had failed to secure a job offer, he would have been forced to leave the UK, thus also breaking his period of continuity. Therefore, switching to become a partner did not disadvantage him.

Dependants of Tier 1 Entrepreneur Visa

Dependants of Tier 1 Entrepreneurs are allowed to work in the UK without having to be sponsored by an employer. Moreover, dependants are permitted to start businesses in the UK. Our client did not have to leave the UK to switch to a Tier 1 Entrepreneur dependant’s visa and he acquired the independence to work for whomever he wanted. Furthermore, an application for a Tier 1 Entrepreneur visa is much simpler and cheaper than an application as a Tier 1 Entrepreneur in his own right.

Conclusion

We found the simplest, quickest and cheapest solution to fulfil our client’s objective.

 

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