Prior to 09 July 2012, the applicants were able to make an application on the basis of established private and family life in the UK. The applications were usually made under Article 8 of the Human Rights Act 1998.

From 09^th of July 2012, the Home Office has categorized such cases and brought these matters to be considered under the Immigration Rules. Now, in order to make any application on the basis that the applicant, being a child, has lived in the UK for at least 7 years of their life; an application can be made on his behalf under the relevant 7 years Children Immigration Rules.

TIER 1 ENTREPRENEUR VISA APPLICATION REQUIREMENTS

Tier 1 Entrepreneur visa UK category is closed for new applicants except for the applicants having:

The applicant needs to claim 75 points in total by having access to not less than £50,000 or £200,0000 [25 points], by providing evidence that the money has been held in one or more regulated financial institutions [25 points] and by providing evidence that the total funds all disposable in the UK [25 points].

English Language Requirements for UK Tier 1 Entrepreneur visa

The ability to communicate in the English language is an essential and necessary part of the whole point-based system.

Maintenance requirements for UK Tier 1 Entrepreneur Visa

In most circumstances, the Applicant will be required to demonstrate that they have held £3,310 in their personal account or a joint account with their partner/spouse, for 90 days prior to the date of application.  This figure will increase by an additional £1890 per dependent should they wish to bring family members to the UK. Please see below for more details about the requirements for your dependents.

Requirements for the Dependents of Tier 1 Entrepreneur Applicants

Tier 1 Entrepreneurs Applicants are allowed to invite their spouses/partners and children under 18 years of age to join them as their dependents and they may also qualify for ILR upon completion of the required period of time. The dependents will be able to work in the UK.

The Applicant must show that his/her dependents can be supported during their stay in the UK.

The Applicant is required to have £1,890 for each dependent if applying from outside the UK or have been in the UK for less than 12 months. However, if the Applicant has been in the UK for more than 12 months he/she must have £630 for each dependent.

Validity of Tier 1 Entrepreneur Visa UK

The initial leave (visa) is granted for a three-year and four months` time period that can be extended for a further two years from within the UK. Once the applicant completes five years of residence in the UK and fulfills the relevant requisites of this particular immigration category, he and his family members become eligible for Indefinite leave to remain in the UK.

The time period required for settlement can be reduced to three years if the business has generated at least £5 million turnovers during the three years or has created 10 full-time positions for resident workers.

Refusal of Tier 1 Entrepreneur Visa Application (Entry Clearance)

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of the decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging Judicial Review proceedings.

TIER 1 ENTREPRENEUR VISA EXTENSION APPLICATION

Tier 1 Visa Extension Application is the business category of the point-based system PBS that allows the applicant and his / her family members (spouse/partner and children under 18 years of age) to remain in the UK on the basis of having already invested the required amount of funds.

For those who already have left under Tier 1 Entrepreneur category and wish to extend their leave to remain to stay in the UK in order to complete their Tier 1 Entrepreneur 5-years residence, they need to claim 75 points successfully in order to obtain further leave to remain (extension of Tier 1 Entrepreneur visa) which is as below:

The maximum leave granted for Tier 1 Entrepreneur extension applications is two years that will allow the applicant and the dependants to complete five years in the UK i.e. qualifying period for settlement in the UK.

Requirements for Tier 1 Entrepreneurial Team members

Two persons can form a team and apply under this route but both of them must qualify in their own right i.e. having access to the required amount of funds, English language, and maintenance. Both of them must have equal access to the funds and enjoy similar authority and control over the funds and the business. Both of them will be able to sponsor their families as well.

In order to comply with the Entrepreneur team, the applicant must not use the same funds on another application with a different entrepreneurial team and must provide all the documents needed for evidence of the funds with his/ her own application.

If you want to know more about British nationality application, Click Here

GENUINENESS TEST FOR TIER 1 ENTREPRENEUR EXTENSION APPLICATION

The Home Office has introduced the genuineness test for all Tier 1 Entrepreneur Applications made under Tier 1 Entrepreneurs PBS i.e. entry clearance applications, leave to remain applications, and Indefinite leave to remain applications. There are a number of factors that help in establishing that the applicant’s proposed or existing business is genuine and promising and the home office may therefore check the authenticity of the documents submitted with the application, interview the applicants or even visit the business premises to see the physical existence of the business. It is therefore extremely important to seek professional help and advice in respect of Tier 1 Entrepreneur applications.

INTERVIEWS BY THE HOME OFFICE ABOUT TIER 1 ENTREPRENEUR VISA EXTENSION APPLICATION

It has now become increasingly common to invite applicants of Tier 1 Entrepreneur applications for interviews where they are being questioned about the source of funds, immigration history, market research, and business plan. It has therefore become quite important to seek immigration advice before attending any such interviews, in fact before making your Tier 1 Entrepreneur extension Applications. We have good experience in preparing our clients for the interviews and can therefore help our clients at any stage of their immigration matters.

TIER 1 ENTREPRENEUR: HOME OFFICE VISIT

We have also experienced that nowadays in Tier 1 Entrepreneur visa extension application or ILR application on basis of Tier 1 Entrepreneur, the Home Office may decide to visit the business premises of the applicant to assess the genuineness of the business and the documents provided with the Tier 1 Entrepreneur extension application. The applicant is interviewed about the jobs created during the first 3 years of time, about the business growth, and other relevant information. We strongly advise seeking professional help in handling such visits of the home office team for expert advice on your Tier 1 Entrepreneur Applications. We have vast experience in preparing our clients for the interviews and can therefore help our clients at any stage of their immigration matters.

ILR INDEFINITE LEAVE TO REMAIN TIER 1 (ENTREPRENEUR) MIGRANT

Indefinite Leave to Remain (Settlement) is the first goal of all Tier 1 Entrepreneur immigrants which makes them free of immigration control, work or study restrictions, residence restrictions. ILR also entitles Tier 1 Migrants to apply for public funds. Here we will discuss applying for Tier 1 entrepreneur ILR on the basis of having completed the required time period under Tier 1 Entrepreneur in compliance with the relevant immigration rules.

What are the requirements for Tier 1 ILR (Entrepreneur)?

ILR after 5 years of Residence in the UK

Upon completion of 5 years in the UK under Tier 1 Entrepreneur the applicants need to fulfill the following criteria:

ILR after 3 years of Residence in the UK (Accelerated Route)

Indefinite leave to remain status can be achieved after 3 years if the following criteria are met:

Absence from the UK for Tier 1 Entrepreneur Visa

The home office has become quite generous in allowing absences for a maximum of 6 months in a year, provided the applicant is able to provide evidence that such absences (if that long) were work or business-related.

English Language for Tier 1 (entrepreneur) Indefinite leave to remain ILR

You can prove English language requirements for Tier 1 ILR by having either:

Life in the UK Test for Tier 1 Entrepreneur ILR

Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.

The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.

DEPENDANTS OF TIER 1 ENTREPRENEUR

Civil Partner / Unmarried Partner of the Tier 1 Migrant applicant and their children who are already on Dependant Visas, may also apply for Tier 1 ILR provided they also fulfill relevant criteria. If the partner has joined them before 09th of July 2012, he or she must have remained in the UK for two years’ time, otherwise, he/she must have completed at least 5 years of residence in the UK as the applicant`s dependant, in order to apply for ILR.

If the dependants have not completed the required time period then they would need to apply for further leave to remain application as a dependent of Tier 1 Migrant while the main applicant may proceed to apply for ILR.

REFUSAL OF TIER 1 ENTREPRENEUR VISA APPLICATION (Leave to remain Application or Indefinite Leave to remain)

If the Tier 1 Entrepreneur Visa extension Application or Tier 1 UK Entrepreneur Visa Indefinite leave to remain application is refused by the Home Office, the applicant is given a right of administrative review of the decision that must be exercised within 14 days of the date of service of the decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings within 3 months.

ADMINISTRATIVE REVIEW TO CHALLENGE REFUSAL OF TIER 1 ENTREPRENEUR VISA

Appeal rights have been taken away from most of the immigration categories including Tier 1 Entrepreneur application refusal, be it Tier 1 Entrepreneur Entry clearance applications, Tier 1 Entrepreneur leave to remain applications (extension of Tier 1 Entrepreneur), or Tier 1 Entrepreneur Indefinite leave to remain applications. The refusal thus attracts a right of administrative review.

This is a procedure where the applicant is given an opportunity to challenge the Tier 1 Entrepreneur refusal by providing relevant arguments and in some cases documents.

It is mandatory for the Home Office to give reasons for Tier 1 extension refusal along with a notice of the decision and to inform the applicant about their rights of administrative review against the refusal of the Tier 1 Entrepreneur application. The reasons of refusal shall disclose all the issues/concerns of the Home Office which have been identified by the immigration or Visa officer on the basis of the information/documents provided by the applicant or the information already held on record by the home office.

Time to Lodge Administrative Review against Tier 1 Entrepreneur extension Refusal

The applicants are required to make an administrative review application within 14 calendar days to the Home office against the refusal of the Tier 1 Entrepreneur application. It is really important to meet the deadline as otherwise, the Home office may reject the application unless exceptional reasons for the delay are provided.

Grounds of Administrative Review of Tier 1 Entrepreneur application

One has to carefully consider and draft the grounds of their Administrative Review of Tier 1 Entrepreneur application. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of the decision of the Tier 1 Entrepreneur application and the Reasons for Refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review is a specialized area of immigration work and should therefore be left for the experts to handle.

The outcome of administrative review

Once an Administrative review is lodged, a different caseworker considers the grounds of administrative review and may make one of the following decisions:

Effect of Administration Review

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review against Tier 1 Entrepreneur is pending.

Further Options

If the decision-maker maintains the decision of Tier 1 refusal, the applicant may make a fresh application within 14 days from the date of the refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision-maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making a decision whether to make a fresh visa application or to proceed in the Judicial review against the Refusal of Tier 1 Entrepreneur application or to choose both, depending on the individual’s circumstances.

JR JUDICIAL REVIEW APPLICATION AGAINST REFUSAL OF TIER 1 ENTREPRENEUR EXTENSION APPLICATION

A JR Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

If the Home Office decides to maintain the decision of refusal as a result of the administrative review application, the applicant may lodge judicial review proceedings against the refusal decision of their Tier 1 Entrepreneur Application. There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of the Tier 1 Entrepreneur Extension Application.

Pre-Action Protocol against the Refusal of Tier 1 Entrepreneur application

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating the Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the home office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relief just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review

If the Home office Litigation Team refuses to overturn the decision, we then, subject to merits, lodge JR review permission application in the Upper Tribunal against the Refusal of Tier 1 Entrepreneur application.

Time to Lodge JR Application against the Refusal of Tier 1 Entrepreneur application

The deadline to lodge a Permission application for Judicial Review is 3 months.

Grounds of Judicial Review against the Refusal of Tier 1 Entrepreneur application

One has to carefully consider and draft the grounds on which he or she may rely in their permit application for Judicial review to the Upper Tribunal. The main point here is to identify an error of law in the notice of refusal of the Tier 1 extension application. In case of an entry clearance application, it needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules, or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review is lodged, the Respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal taking account of arguments and documents presented by both parties then makes a decision in due course.

The Upper Tribunal may take one of the following actions:

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.