Tier 1 Entrepreneur Refusal | Appeal a Tier 1 Visa
Tier 1 Entrepreneur Refusal rate has gone quite high, following more changes implemented and including more checks under the "genuine entrepreneur" test. It has become increasingly difficult to enter the UK under the Tier 1 Entrepreneur visa category.
The introduction of the new Start-up and Innovator visa means a closure to this category, however those remain in this category, will see more checks being made when applying for extension of leave or indefinite leave to remain as a Tier 1 Entrepreneur migrant.
The Tier 1 Entrepreneur visa application will be looked at in detail by Immigration Officers, who must be convinced that you will meet the extension requirements and that you have invested the funds as well as creating the specified employments as set out by the Immigration Rules.
The Home Office made the presentation of a business plan compulsory for all Applicants. In addition, Applicants will now need to provide evidence of the source of funds. These requirements were introduced in a bid, they say, to drive down fraudulent applications. UK Immigration says that genuine Applicants should still be able to meet the Tier 1 Entrepreneur visa requirements. In reality, the main reason for introducing requirement is probably to further reduce levels of immigration into the UK.
The Tier 1 Entrepreneur visa is for foreign businessmen from outside the EU looking to invest in the UK. Applicants must in most cases show that they will be investing £200,000 into the business, but in a limited number of cases, an investment of £50,000 may be acceptable.
The visa should be considered by those looking to start, run or take over a UK based business. The visa allows initial entry for a period of up to 3 years and 4 months for the applicant as well as his/her spouse and children under the age of 18 and can be extended. If the business continues you should be able to gain permanent residence in the UK in about five years.
How ICS Legal can advise and help
ICS Legal provides advice and support on Tier 1 Entrepreneur Visa Refusals. We represent a number of client's challenging the decision through the administrative review. At times, the decision may need to appeal through the judicial review process and you should e-mail us the decision letter to firstname.lastname@example.org, so we will be able to advise and explain how to proceed in challenging the decisions. We are increasingly hearing from our clients that their UK Visa has been refused by the Home Office.
Reasons for Tier 1 Visa refusals
Unfortunately, some clients, and understandably so, choose to prepare their Tier 1 Entrepreneur visa application either themselves or with the help of friends. As the rules and requirements for Tier 1 Entrepreneur visa application are complex and extensive, despite succeeding to establish access to the required funds, some time the Applicant fails to comply with crucial requirements, for example:
A good business plan
Getting a "good business plan" prepared is essential for both your business and your immigration application as a Tier 1 Entrepreneur migrant. We see a number of business plans created using templates or using someonelse's idea, which is wrong. Home Office Officials have a number of resources available to detect copied or business plans created with no sense of direction. This leads to a number of immigration application being refused.
As this document is a specified mandatory evidence, you must ensure that the business plan is simple, viable and trusted. This means that both your academic and business work experience, will be assessed using the business plan as part of the interview.
A consistent immigration history
Interviews are now mandatory on all Tier 1 Entrepreneur applications, and in our experience, this is where most of the applications are refused. Your immigration history plays an important role towards a successful Tier 1 visa application.
The Home Office needs to see evidence that Applicants can support themselves (and dependents) in the UK whilst starting/investing in a business. It's important to point out that the investment funds are solely for the business i.e. the £200,000 required is not to be used as maintenance. This is a common mistake for many Applicants who have not consulted an Immigration Expert.
Credible source of funds
If the Applicants’ investment capital has been in their bank account for less than 90 days when applying, the Home Office may ask for the source of funds. Applicants must be able to show evidence of how and where they have accumulated the funds. If the Applicant cannot show sufficient evidence, they may be refused as the funds may have come from illegitimate sources.
How to avoid a Tier 1 Entrepreneur visa refusal
It is important to understand the grounds of refusal if your application as a Tier 1 Entrepreneur have been refused. Taking legal advice is essential and at ICS Legal, we will be able to assess & advise on how to proceed further.
Here is some of the most common grounds of refusals:
Failing to sign the declaration from all parties, including not only the investors but most importantly, all the applicants as well.
Failing to keep the advertisement live until the decision by the Home Office or failing to include all the relevant information in the advertisement like names of the applicants, emails or other contact details.
Failing to include some crucial documents like a letter from the bank, business plan or declaration etc.
Failing to provide some of the mandatory documents.
The above are some examples taken from recent Tier 1 Entrepreneur refusal cases that we are dealing with as part of the administrative review and you can read more information by clicking here. The Tier 1 Entrepreneur visa refusal have been challenged through judicial review following the removal of appeal rights.
If your Tier 1 Entrepreneur visa application has been refused, you should email us a copy of the decision letter to email@example.com, so that we can assess the decision letter and advise you further on whether to appeal the decision or submit a new application.
What is covered as part of our Tier 1 Entrepreneur application service
At ICS Legal, we will discuss your circumstances in detail and confirming whether this is the most appropriate application for you to make and what other options may be available to you. We will give you advice about the requirements of the Tier 1 Entrepreneur application and advise you on how to meet the published policy.
We can also prepare an application for your review, approval and submission. We will then liaise with the UKVI until a decision is reached. We will also give you advice about the outcome of the application.