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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2053
Experience:  I am a qualified solicitor and an expert in UK law.
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My PSW visa expired on 18 march 2012 and i made an in time

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My PSW visa expired on 18 march 2012 and i made an in time application to switch on to student visa. My application was refused as i had a shortfall of maintenance funds. I have appealed and i m under section 3C at the moment.

I am interested in applying for Entrepreneur visa. I need advise on how to go about this as my previous leave granted was PSW and still under section 3c my understanding is that my PSW leave will be considered as my last granted leave.

As per new provisions in rules made on 06 april 2012 for PSW holders can i apply from with in country with 50K .. Please advise further with reference to policy guidance page no 6- section d from attribute table for initial applications....... which says you HAVE or WERE last granted leave as post study work. Also further in policy guidance under section d- on page 9 of policy guidance it states "Last granted leave as Tier 1 (Post-Study Work) migrant You must have last had leave as a Tier 1 (Post-Study Work) migrant."

I would like to refer to Part 6A - Points-based system also- under 245DD. Requirements for leave to remain- it states .....(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain.

MY question is if i withdraw my appeal and make an application for this route can i do it with 50K... as to my understanding under section 3C my PSW leave is still classed as my last leave?

If YES, whats the best way to go about withdrawing the appeal and then submitting a fresh application for Entrepreneur Visa without becoming an overstayer?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

You can apply for an entrepreneur visa but you will have to withdraw your appeal first. There is no way you can submit an application for entrepreneur visa unless you withdraw your appeal, once you withdraw your appeal you will become an overstayer and you will be submitting your application for entrepreneur visa as an overstayer.

Although you last leave is extended as a psw visa this will only be the case until your appeal is decided.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.
Sorry, seems you answered a question that I didn't ask.

I asked:


a) Considering my situation, do I need to show £50K or £200K? I refer to page 6 in the Policy Guidance.


b) "have, or were last granted, leaveas a Tier 1 PSW migrant, does this apply to me?


c) What is the best approach to withdraw my appeal and submit a fresh application for entrepreneur visa?



Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. You will need to show £50,000.

2. Yes this does apply to you as you not yet been granted leave in any other categories and your leave is still on a psw visa.

3. Please refer to my previous answer.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.
I will have to rephrase the the 3rd question and require further clarification

I asked:

What is the best approach to withdraw my appeal? so I can I can quickly submit the fresh application. I ask this because I want minimise the period of overstay.


Now, you referred the £50K would apply to me, the concern I have is if I was to become an overstayer by withdrawing the appeal, then I am not entirely sure the £50K would apply to me. Can you provide me references with your answer?



Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The best way would be to withdrawn your appeal and the next day submit your application for an entrepreneur visa.

As mentioned in my previous answer assuming you withdraw your appeal then the scenario would be the you applied for a tier 4 visa which was refused , you were never given leave under any other category and therefore your last leave to remain was on a psw visa and therefore any application made would be made on the basis that this was your last permission granted to remain in the uk.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2053
Experience: I am a qualified solicitor and an expert in UK law.
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