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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi guys, Need some expert advice for my brother please. 1)

Customer Question

Hi guys,

Need some expert advice for my brother please.

1) We need to know some possibility to make an in-country enterprenuer application which has become slightly complicated.

Basically, my brother made a team enterprenuer application back in May 2012 when he had valid tier 4 student visa. He had and still has £125k+ in his uk account while the other team-member had and still has £75K+ in uk account. Unfortunately, the applications was refused because of a minor mistake where they didnt write clearly in the letter that they r making there funds available to each other. They signed a joint declaration that they are forming enterprenuer team and have 200k+ available to invest etc but they didnt write specifically that they are making available their respective funds available to each other thinking thats pretty obvious and clear. Their Oisc representative didnt do a good job basically. Anyways, the fact of the matter is that both applications were refused unfortunately. My brother was given right to appeal as his visa expired and the appeal process is ongoing.

With the proposed changes in place we want to make a fresh in-country application. We have had legal advice from solicitors with a divided view point.

One set says no chance of an In-country application as he doesnt have valid leave and thats it is said confidently.

The other set of solicitors confidently say that it can be definitely done as his valid leave as a student continues under section 3c. The procedure would be that you send a fax to withdraw the appeal and then post out your fresh application on the sameday with proof of fax transmission attached that the appeal has been withdrawn. The technical point being that when you send the fax e.g at 10am, you are legal until Midnight as you cant become illegal mid way through a day while the new application is also valid as no pending appeal and at the time of postage you have valid leave under scetion 3C. They are very confident as they have done this many times inpractice. Where this makes sense to us we are not too sure if this is correct in our case as the other cases werent enterprenuer cases in which there is a specific requirement to have valid leave at time of application so there may not be any issue with the other cases but could be in our case.

If any of you could advise on this please to help us decide. We would like to make in-country application and keeping out of country as last option.

2)Are Tier 4 students legally allowed to purchase shares in big FTSE Companies like Tesco etc as per the tier 4 immigration rules? If yes, can this investment be used as part of their £200K (pre) investment towards a Tier 1 Enterprenuer application?

We have £200K+ available and the idea is to invest it before the initial application in an allowed investment for students such that it becomes easier at the time of extension if you know what I mean.

Your expert advise will be highly appreciated.

Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 4 years 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.

1. The fact that the applicant will withdraw his application he will become an overstayer at the time he submits his application. The fact that he submits a letter withdrawing his application will make him an overstayer.

Had this not made him an overstayer the ukba would be happy for him to submit his application first and then withdraw the application, but as you cannot have two things happening in tandem you must withdraw the application.

Section 3c is an instrument that extends one's leave to remain in the uk for the purpose of them not becoming an overstayer while they are appealing a decision, it is not an instrument to extend one's leave to remain so they can, submit a new application and extend their leave.

The only favorable aspect of submitting an application straight after is that the ukba usually allows an individual to leave the country within 28 days after they are refused an application or withdraw an application. The ukba may exercise their discretion provided the applicant submitted an application within this 28 day grace period.

2. Regarding purchasing shares please see following conditions of stay for a tier 4 students :

There is no prohibits on the student purchasing share and if that is a form of income then yes they can declare this and used as part of the tier 1 entrepreneur visa application.

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 4 years ago.


Thank you for your reply.


Could you please clarify a bit our options? Do you mean to say that we should make the application then pull out afterwards or some other option?


Basically, what do we do or what can we do?

Customer: replied 4 years ago.
Relist: Answer came too late.
Expert:  INC replied 4 years ago.
Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.


My colleague appears to be away. Do you still require assistance with this?

Many thanks