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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi I am looking to switch from PSW to an Entrepreneur visa.

Resolved Question:

Hi

I am looking to switch from PSW to an Entrepreneur visa. I want to set up a tech business and am seeking advice on what kind of tech businesses meet the Home Office requirement of 'Graduate level business'. For example, do ecommerce platform businesses such as JustEat.co.uk or Food delivery businesses such as HelloFresh.com classify as 'graduate level business'?. I am a marketing graduate with a Masters degree from a top UK university in International Marketing. I intend to be the CEO of a limited company and use the investment to hire a team to build a food related ecommerce platform. Would really appreciate some sound advice from an experienced immigration lawyer who has dealt with similar cases.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
The key to this is that the role you will have in the business must be at a suitably skilled level - at least NQF Level 4:

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixj/

This is more important than the exact nature of the business. The type of business you have described should be acceptable.
Customer: replied 1 year ago.
Relist: Answer quality.
I had asked for a detailed response as to whether a food related e-commerce business will qualify as a 'graduate level business', The expert has merely stated the obvious saying that my role in the business should be of NQF Level4 with a link to the UKBA website. I have already seen and read the UKBA rules and only then came to your site to get an expert answer because I could not get the answer to my question from UKBA. I expect a detailed answer describing how a business is deemed of a 'graduate level' and whether online e-commerce business pertaining to food meets the criteria. And if it does or does not, kindly explain why that is the case.
Expert:  Howard replied 1 year ago.
You have missed the point.

I don't know where you are getting the phrase 'graduate level business' from. A search for this phrase on the Home Office site provides zero results...

My answer clearly stated that the only thing that had to be 'graduate level' was your role in the business - NQF Level 4 or above. I also have no way of knowing what you do or do not already know. I assumed you did not know much about the Entrepreneur visa by your use of the phrase 'graduate level business'.

I had also stated in my answer that there should be no issue with the type of business you have described - I do not understand how this would require any further detail. There is no problem and there is not a requirement that the business type is 'graduate level' - I have no idea how that could be established even if it was a requirement, which it is not. The type of business is not particularly relevant unless there is no role in that business that you could perform that would be considered at NQF Level 4 or above.

I think you have not quite understood the requirements for the Tier 1 Entrepreneur visa.

I believe your question has been answered and I am happy to provide further clarification if required. Please remember that you should rate the service that has been provided to you.
Customer: replied 1 year ago.

Hi


 


I appreciate your response, I did not mean to come off rude or anything so apologies if it seemed that way. Allow me to draw your attention towards specific UKBA wording, which is causing me concern.


 


Page 7 of the Tier 1 Entrepreneur visa policy guidance document states,


 


“Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business."


Now if I am the CEO or marketing director (NQF Level 4+) of my company and the core service my business is providing is food, then does that adequately meet the above mentioned criteria, i.e. "...involves the business delivering a service in an occupation at this level."


 


Secondly, since the service is delivered through an e-commerce portal (mobile app and website) part of my job as Marketing Director is to promote, advertise, and market the website and app, as well as direct its design and development based on customer feedback and research. In this case what do I make of the following sentence? "...It excludes any work involved in administration, marketing or website functions for the business."


 


Furthermore, Page 11 of the policy guidance document states,

"Other than the work necessary to administer the business, your main business activity must be working skilled to National Qualifications Framework (NQF) 4 or above. We will not take into account the tasks involved with the running of the business for this assessment. For example
• If the business is software sales and your main activity is developing software, you may qualify for points;
• If the business is a taxi firm, the main occupation is driving a taxi and you will not score points even though you manage the business. Your main activity is providing a taxi service which is not skilled to graduate level."

Based on the above excerpt, what will be considered the main activity of my business? Even though I'm not going to be making the food myself, I'll be making it possible for other sellers to produce food and sell it through my web/mobile platform. So does that make my main activity providing food ? or something else?


 


Finally, in your previous answer you mentioned that,


 


"there should be no issue with the type of business you have described - I do not understand how this would require any further detail. There is no problem and there is not a requirement that the business type is 'graduate level'"


 


Based on your answer theoretically that would mean someone can setup a taxi company, and hire a bunch of drivers to go around drive taxis as employees? (for example Uber.com). Is my understanding correct here? If not, then what makes a food business qualify and a taxi business not qualify?


 


I hope I don't come off annoying but I just want to be crystal clear on this as it's really doing my head in.


 


Many thanks


 


 

Expert:  Howard replied 1 year ago.
I appreciate your clarification.

It might be rather difficult to find a genuine role at NQF Level 6 or above for you in a taxi company. The business you have described seems to be an e-commerce site and the role you would have would be at a suitable level. Again, you need to look at this from the point of view of the legitimate role you would have in the business. If your role would be delivering food then obviously it would not be suitable.

So, if you would not be able to genuinely have a role at a suitable level in the business then it would not be a suitable business.

Does that make more sense?
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

 


Okay, got it. Thank you.

Expert:  Howard replied 1 year ago.
Please remember to provide a positive rating of the service supplied as your question has been answered.

If you feel that you require further clarification then I will still be able to willing to assist further once you have provided a positive rating.
Customer: replied 1 year ago.

Hi


 


I don't understand, I already rated your service as 'Good service'. Am I missing something?

Expert:  Howard replied 1 year ago.
Sorry about that - the system should not have sent it. I will close the question.

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Howard
Howard
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Senior Partner with nearly 20 years experience in UK Immigration Law.