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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I have 2 questions regarding Tier 1 Entrepreneur visas: Switching

Customer Question

Hi,
I have 2 questions regarding Tier 1 Entrepreneur visas:
Switching from Tier 2 (ICT-Long Term Staff) to Tier 1 Entrepreneur Visa
Questions:
1) Applicant is currently under Tier 2 Intra Company Transfer (Long Term Staff). Applicant’s visa was granted for about 3 years and expiring in December 2015.
Can this applicant switch into Tier 1 Entrepreneur category without leaving the UK before his current leave expires?
2) Is there a cooling off period of 12 months in place to restrict Tier 2 ICT migrants from switching to Tier 1 Entrepreneur visa i.e. does the applicant have to wait 12 months once her Tier 2 (ICT-Long Term Staff) has expired or can she apply straight away?
thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

To answer your queries:

1) yes, this is possible; and
2) no cooling off period applies in such a case.

Hope this helps
Customer: replied 2 years ago.

Ok. Could you provide me with the URLs/links where I find this information please (UK border agency/other)?

thank you

Expert:  UKSolicitorJA replied 2 years ago.
See here:

https://www.gov.uk/tier-1-entrepreneur/overview

and the guidance here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339364/T1__E__Guidance_08-14_.pdf

No cooling off period is mentioned and Tier 2 migrants include ICT long term migrants such as yourself.

All the best