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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I AM GOING TO IMMIGRATE INTO UK WITH MY FAMILY UNDER CATEGORY

Customer Question

I AM GOING TO IMMIGRATE INTO UK WITH MY FAMILY UNDER CATEGORY TIER1(ENTERPRENEUR). I HAVE MORE THAN GBP 200 000 AND CERTIFICATE OF LANGUAGE TEST(IELTS WITH OVERAL BAND OF 6.5) ALSO ENOUGH MONEY FOR MAINTENANCE.

PLEASE CHECK AND ADVISE IF I AM ELIGIBLE OR NOT. MY MAIN CONCERN IS LANGUAGE QUALIFICATION.
THANKS,
ALI PAZOKI [email protected]
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Where is the money held please
2. What is your concern with the qualification you hold? If it’s ILETS level then this would appear sufficient under the points based system for Tier 1 Entrepeneur
Kind regards.
Tom
Customer: replied 6 years ago.

Dear Graham,

 

1- Money is in Deutsche Bank AG in Germany.

2- I have heard that UKBA has increased the level to 7.0 for IELTS.

Is that true?

 

Regards,

Expert:  Thomas replied 6 years ago.
Hi,

Thanks for your reply.

I’ve not heard of the increase. I would certainly go with the guidance on the website, they are pretty good at updating it to be fair to them.

You will see on this link that the requirement is to level C1 of the Council of Europe's Common European Framework for Language Learning, this is straight from the UKBA Immigration Rules:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixb/

You will now see on this link to the UKBA Visa Services webpage on your proposed visa under the heading English Language Ability that they confirm this level to be approximately ILETS 6.5:-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf24pbsentrepreneur

On this basis you will be fine in respect of language, but I would keep check the link periodically to check that it does not change to 7.0 or above.

The bank you refer to is obviously a very big bank and will certainly be regulated by Germany’s financial regulator, so they will be taken to be held in a “regulated financial institution for the purpose of the eligibility criteria as well.

That Bank may also conduct business in the UK and therefore be FSA regulate for the purpose of showing that “Funds disposable in the United Kingdom”, if they do not then you will have to ask them for confirmation from them that the funds can be transferred in to the UK.

They key to a successful application is providing all the documentary evidence of the above, but you are (on the face of it) eligible to apply, assuming you also meet maintenance requirements.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 6 years ago.

Dear Graham,

 

Thank you very much for the valuable information on language qualification. Now the final question is that can I relay on this link which you sent me as a proof with ukba!

 

Best Regards,

Customer: replied 6 years ago.

Dear Graham,

my grades in all four components of language test is different but the overalband score is 6.5. In the meatime, I saw below information in UKBA website:

latest news & updates - high value migrants - tier1 (entrepreneur) - can you appy? - scoring point for english language:

... you must have achieved at least CEFR level C1 in all 4 components...

does this means overal band score or C1 for each component?

 

Please advise.

Expert:  Thomas replied 6 years ago.
Ali,

I believe this means that you must have an overral band score of C1 for each component yes.


If you do not have this I would suggest taking the test again.

Please click accept.

Kind regards,
Tom
Customer: replied 6 years ago.

Dear Graham,

 

As final question, please let me know whether I can come to UK with Visit Visa and then apply for Entrepreneur tier1 from within UK?

 

Thanks,

Expert:  Thomas replied 6 years ago.
Hi Ali,

No, it is a condition of visitor's visas that the applicant must leave before the expiry of the visa. This means that applicants are not permitted to make an application for further leave to remain whilst here as visitors. Any application would be immediately rejected by the UKBA I'm afraid.

Please click accept.

Kind regards,

Tom
Customer: replied 6 years ago.

If this is true so what is Visitor's Prospective Entrepreneur?

This isexplained in UKBA .

Regards,

Expert:  Thomas replied 6 years ago.
Ali,

Please click accept and I shall explain,.


Kind regards,

Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.
Ali,

The visitor's visa to which you refer is a special visa for entrepeneurs who will apply under Tier 1 eventually to come here to put in place the requisite business arrangements in contemplation of their Tier 1 Application.

You still cannot make a tier 1 application whilst here on this special visa and you will see on the following link under the heading for the visa that it says "You would not, however, be allowed to switch into the Tier 1 Entrepreneur route once in the UK.":-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf2visitors#594537182

Kind regards,

Tom
Customer: replied 6 years ago.

 

Dear Tom,

 

I refer to above answer and inform you that when I go to:

www.ukvisas.gov.uk main page on the right hand under latest news you will see:

changes to the new list of english language test & providers 08/07/2011

 

As you see there is a list which is contradictory to the content of the link you sent me!

 

Please comment.

Expert:  Thomas replied 6 years ago.
Ali,

On the list of "New English Test Providers" have you taken "
Cambridge English:First (also known as First Certificate in
English")? Is this the test you currently hold?

Tom
Customer: replied 6 years ago.

There is a long list of providers.

 

What I have is certificate for IELTS with overal grade of 6.5

In the list it is talking about 7.0 for IELTS, where in the link you sent me before ukvisas is saying 6.5!

 

 

Expert:  Thomas replied 6 years ago.
Ali,

I'm afraid that it appears that on the list of new test providers that ILETS has increased to 7.0 for all applications made after 18th May 2011 for Tier 1 Applications.

It's very frustrating because they have not updated this on the guidance for Tier 1:Entrepreneurs

I think that you be absolutely safe you will have to taken the test again and score the 7.00.

Sorry it could not be better news.

Kind regards,

Tom
Customer: replied 6 years ago.

What Happens if I submit my application with IELTS 6.5 and they reject that?

 

Is it possible to appeal and what would be the result?

Expert:  Thomas replied 6 years ago.
Hi,

You are only permitted to adduce evidence which was in existence at the time of the application so you could not, say, produce a test you have taken after the date of your application with a ILETS 7 or above.

It's cheaper for you to simply take the test again.

Tom
Customer: replied 6 years ago.

By appeal I do not mean to submit new Certificate but I mean to give the guidence which shows 6.5 as evedence.

 

Please advise.

Expert:  Thomas replied 6 years ago.
I don't think that will be successful, they will refer to the published list of new providers and say that the website was not updated.

It's too much of a risk to take.

Tom
Customer: replied 6 years ago.

DEAR TOM,

IF THIS IS NOT WORKING WHAT ABOUT OTHER CATERGORY: SOLE REPRESENTATIVE OF AN OVERSEAS COMPANY. I HAVE A COMPANY IN DUBAI/UAE WHICH IS ACTIVE BUT NO EMPLOYEE IS WORKING FOR ME EXCEPT MUSELF AS MANAGER. I HAVE A PARTNER WHICH IS ARAB OF UAE AND IS NOT INVOLVED IN MY BUSINESS. THE QUESTION IS THAT COULD I APPLY FOR SOLE REPRESENTATIVE OF DUBAI COMPANY?

IN THE MEANTIME, I HAVE ANOTHER COMPANY IN IRAN WITH FIVE EMPLOYEE INCLUDING MYSELF WHAT ABOUT THAT COMPANY. CAN I APPLY FROM THAT COMPANY?

THANKS

ALI