CHALLENGE A TIER 1 ENTREPRENEUR REFUSAL DECISION
Have you received a Tier 1 Entrepreneur refusal decision? If your application to extend your stay or settle in the UK as a Tier 1 Entrepreneur has been refused, our specialists in Tier 1 Entrepreneur refusals can advise on the merits of making a fresh application or challenging the Tier 1 Entrepreneur refusal decision by way of Administrative Review or Judicial Review.
Tier 1 Entrepreneur Refusal Grounds
Tier 1 Entrepreneur extension and ILR applications can be refused for a variety of reasons. Amongst the most common reasons given by the Home Office for refusing a Tier 1 Entrepreneur extension or ILR application are:
- failure to provide specified evidence of investment;
- failure to provide specified evidence of job creation;
- failure to provide specified evidence to satisfy the maintenance requirement;
- failure to satisfy the genuine entrepreneur test;
Whilst early advice from an immigration lawyer can avoid a Tier 1 Entrepreneur refusal decision, legal advice following refusal of a Tier 1 Entrepreneur application can also lead to refusal decisions being overturned.
Can I appeal against a decision to refuse my Tier 1 Entrepreneur extension or ILR application?
There is no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against a decision to refuse leave to remain or indefinite leave to remain as a Tier 1 Entrepreneur. However, you may have grounds to ask the Home Office to review its refusal decision by way of an application for Administrative Review. If this is unsuccessful then you may have grounds to apply for Judicial Review of the Tier 1 Entrepreneur refusal decision. You may also be able to make a fresh application for a Tier 1 Entrepreneur visa extension or Tier 1 Entrepreneur visa ILR. You may want to speak to an immigration lawyer for expert advice.
What is Administrative Review of a Tier 1 Entrepreneur refusal?
Administrative Review is an internal Home Office review process whereby a caseworker will review the refusal decision for caseworking errors. Caseworking errors might include a failure to apply the Immigration Rules correctly or a failure to apply published policy and guidance in relation to the Tier 1 Entrepreneur application.
The Home Office will only consider evidence that was not before the original decision maker in very limited circumstances.
An in-country application for Administrative Review must be submitted within 14 days of receiving the refusal decision (or 7 days if detained). An out-of-country application for Administrative Review must be made within 28 days of receiving the refusal decision. Advice from an immigration lawyer will ensure that any available grounds for Administrative Review are pleaded, as well as the correct timing of your Tier 1 Entrepreneur Administrative Review application.
What is Judicial Review of a Tier 1 Entrepreneur refusal?
Unlike Administrative Review, which reviews casework errors in general, Judicial Review enables a refusal decision to be challenged on the grounds of illegality, irrationality and procedural unfairness. A Judge will determine whether the way the refusal decision was made was procedurally and legally correct, not whether the conclusion was ‘right’ on the facts.
In order to judicially review a Home Office refusal decision, an application for permission needs to be lodged with the relevant court promptly or, in any event, within three months of the date of the decision that is being challenged.
Judicial Review of a Tier 1 Entrepreneur refusal decision can only be pursued once all other avenues of redress, including Administrative Review, have been exhausted and it can be a lengthy and complex process.
- Challenging an Entrepreneur refusal on the basis of genuineness
- Tier 1 (Entrepreneur): Specified evidence and missing documents
- UK Entrepreneur Visa Success Stories
Can I make a fresh application for leave as a Tier 1 Entrepreneur?
Although the Tier 1 Entrepreneur category is now closed to most new applicants, you can make a fresh application to extend your stay or settle in the UK as a Tier 1 Entrepreneur if you currently have valid leave as a Tier 1 Entrepreneur or have held Tier 1 Entrepreneur leave in the last 12 months.
Fresh applications for further leave to remain as a Tier 1 Entrepreneur can be made until 6 April 2023. Fresh applications for indefinite leave to remain as a Tier 1 Entrepreneur can be made until 6 April 2025.
Applications can be made from within the UK or, if applying for an extension of stay, by way of an entry clearance application from overseas.
How our immigration barristers can assist with Tier 1 Entrepreneur refusals
If your application for leave to remain or settlement as a Tier 1 Entrepreneur has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, our immigration lawyers can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
We can also assist with
Applications for Tier 1 Entrepreneur visa extensions
In order to extend your stay as a Tier 1 Entrepreneur, you will need to satisfy UK Visas & Immigration that:
- You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category;
- You are still registered as a business director or as self-employed within the 3 months prior to your date of application;
- You have invested at least £200,000 or £50,000 (depending on the amount your initial application was based on) in a business or businesses in the UK;
- You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months;
- You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business;
- You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking);
- You have enough additional money to support yourself without relying on public funds.
You can apply for a Tier 1 Entrepreneur visa extension at any time prior to the expiry of your leave. However, we recommend that you apply to extend your UK Entrepreneur visa not more than 1 month before your current leave expires.
Applications for ILR (including accelerated routes) as a Tier 1 Entrepreneur
If you have invested in a new or existing UK business and your investment has created at least two new full-time jobs, you may apply for indefinite leave to remain in the UK as a Tier 1 Entrepreneur after five years.
You may qualify for accelerated settlement as a Tier 1 Entrepreneur after 3 years if you have created 10 new jobs or your business has received at least £5 million in income from business activity.
In addition, unless you are aged 65 or over, you will need to demonstrate that you have sufficient knowledge of the English language and Life in the UK.
You will also need to satisfy the Home Office that you have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business.
You can spend up to 180 days (six months) outside the UK each year and still qualify for indefinite leave to remain. For settlement applications made from 11 January 2018, the Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes time before this date and you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons.