Switch to a Tier 1 Entrepreneur dependant’s visa

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Gannons provided immigration and visa advice to a non-EEA national, specifically over obtaining a dependant’s visa.

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

Client’s objective

Our client’s wife had established a successful business in the UK. Hence, our client wanted to remain in the UK with her and seek further employment.

Implications of revocation of employer’s sponsor licence

If a Tier 2 General migrant’s employer has their sponsor licence revoked, then the Tier 2 General migrant’s certificate of sponsorship becomes cancelled. Afterwards, their current visa becomes limited to 60 days, or until the expiration of the visa (whichever is shorter). Following the revocation of the sponsorship licence, our client’s visa was limited. He then had two options. He could either leave the UK, or make a new visa application before the expiry date of his current visa.

Switching to a Tier 1 Entrepreneur Visa

At the time of instruction, our client had less than 2 weeks until the expiry of his visa. He had searched for another job with an employer who could sponsor him. However, he had failed to secure a job offer and so was investigating other options. He was considering applying as a Tier 1 Entrepreneur. However, our client had concerns that he would need to leave the UK for a lengthy period to prepare his new application.

Through discussions about his personal circumstances we learned that his wife was already in the UK. She had her own Tier 1 Entrepreneur visa. We therefore suggested that he applied for a dependant’s visa as her dependant. Becoming his wife’s dependant meant that he would lose any time he had accrued as a Tier 2 General migrant for the purpose of obtaining indefinite leave to remain. 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.

Tier 1 Entrepreneur Dependant’s Visa 

Dependants of Tier 1 Entrepreneurs can work in the UK without needing sponsorship from 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 dependant’s visa is much simpler and cheaper than an application for the Tier 1 Entrepreneur visa itself.

Conclusion

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