Q&As

Can an individual apply to switch from a short-term student visa to a Tier 1 (Entrepreneur) visa, in-country?

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Published on LexisPSL on 15/02/2019

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can an individual apply to switch from a short-term student visa to a Tier 1 (Entrepreneur) visa, in-country?

Can an individual apply to switch from a short-term student visa to a Tier 1 (Entrepreneur) visa, in-country?

If an applicant wishes to apply for leave to remain in a different immigration category to their current grant of leave, this is known as ‘switching’. The Immigration Rules for each immigration category set out the immigration categories from which switching is permitted. See Practice Note: Extensions, switching and varying existing applications.

Immigration Rules, Part 6A, para 245DD set out the requirements for a grant of leave to remain as a Tier 1 (Entrepreneur). Immigration Rules, Part 6A, para 245DD(e) states:

  1. ‘(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:

    (i) as a Highly Skilled Migrant,

    (ii) as a Tier 1 (General) Migrant,

    (iii) as a Tier 1 (Entrepreneur) Migrant,

    (iv) as a Tier 1 (Investor) Migrant,

    (v) as a Tier 1 (Graduate Entrepreneur) Migrant

    (vi)-(xix) DELETED

    (xx) as a Tier 2 Migrant

    (xxi) as a Tier 4 (General)

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