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5 Common Questions for Entrepreneur Visa Applicants
By Gillian McCall - Barrister Partner

In this article we will attempt to address five of the most common questions we get asked about initial Tier 1 (Entrepreneur) visa applications. If you would like more detailed information about your...

 specific circumstances, then please contact one of our immigration barristers to discuss your case in detail.Can I invest in a business related to property?Contact Our Immigration Barristers

Tier 1 Entrepreneurs: What to do if you are refused on the grounds of genuineness
By Gillian McCall - Barrister Partner

The genuine entrepreneur test was first brought into the Immigration Rules in January 2013; first applying only to initial applications to enter the category and then later being applied to extension and settlement...

 applications as well. The test is relatively vague and can be applied inconsistently. This article will consider what the genuine entrepreneur test is, and what options individuals have if their...

Tier 1 (Entrepreneur) Accelerated Settlement (ILR) Applications
By Paul Richmond - Managing Partner

The Immigration Rules for Tier 1 (Entrepreneur) visa ILR can be found at paragraph 245EF. Under the Immigration Rules, Tier 1 (Entrepreneur) migrants can normally apply for settlement once they have spent five...

 years continuously in the UK with leave as a Tier 1 (Entrepreneur). However, if certain additional conditions are met, Tier 1 (Entrepreneur) visa holders may be eligible to apply for Tier 1 Entrepreneur...

The investment funds requirement for initial Tier 1 Entrepreneur applications
By Richmond Chambers -

One of the main requirements to be satisfied as part of an initial application for entry clearance or leave to remain as a Tier 1 Entrepreneur is to demonstrate that the applicant has the required level of funds...

 to invest in a new or existing business in the UK. An applicant will be required to score a total of 75 points for attributes under Appendix A of the Immigration Rules. This is achieved by providing...

Arshad and Others (Tier 1 applicants - funding - "availability") [2016] UKUT 334 (IAC)
By Gillian McCall - Barrister Partner

The Upper Tribunal has once again looked at the Rules relating to the Entrepreneur category, in a determination which focusses on the availability of funds to invest in a UK business, specifically, where the funding...

 is provided by a Venture Capital Firm. The first thing to note about this case, is that all Appellants made their applications between January and April 2013 and therefore the law referred to in the...

Tier 1 (Entrepreneur) category - recent case-law
By Gillian McCall - Barrister Partner

Following our review at the end of 2015, this article will discuss some of the case law relevant to Tier 1 (Entrepreneur) visa applicants.  Information about the recent changes to the rules and the most recent...

 statistics for entrepreneur applications can be found in other articles. AH (BANGLADESH) & ORS v SSHD [2015] EWCA Civ 1071 This was an application for permission to appeal to the Court of Appeal where...

2015 Review: The Tier 1 (Entrepreneur) Category
By Gillian McCall - Barrister Partner

2015 has been a year of big changes in the field of immigration law. With the bringing into force of the Immigration Act 2014 significantly affecting rights of appeal, the introduction of the Immigration Health...

 Surcharge, roll out of BRPs for Entry Clearance, a substantial restructuring of the Visitor category and a series of reported decisions interpreting Article 8 in ways that are not entirely consistent – it...

Our top 10 tips for a Tier 1 Entrepreneur extension application
By Gillian McCall - Barrister Partner

1. Consider if you want to apply for Accelerated Settlement at any early stageContact Us

 1. Consider if you want to apply for Accelerated Settlement at any early stageContact Us

Criminal Record Checks for Investors and Entrepreneurs in Practice
By Richmond Chambers -

Following on from our previous article here, the Home Office has now introduced a requirement for anyone applying for entry clearance to the UK as a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, or...

 an adult dependant of such a migrant, to include with their application an overseas criminal record check for every country in which they have lived for more than 12 months at any time over the previous ten...

Successful challenge to a Tier 1 (Entrepreneur) refusal
By Richmond Chambers -

Richmond Chambers recently assisted a client in successfully challenging a decision of the Secretary of State to refuse leave to remain as a Tier 1 (Entrepreneur) Migrant. The application had been made on the...

 basis of switching from leave as a Tier 1 (Post-Study Work) Migrant into the Tier 1 (Entrepreneur) category and was therefore required to meet provision (d) of Table 4 in Appendix A of the Immigration...

Brewster’s £200,000: Spending your Tier 1 (Entrepreneur) Investment Funds
By Gillian McCall - Barrister Partner

The Tier 1 (Entrepreneur) rules are very clear in stating that migrants in this category must invest all of their investment funds, whether this is £50,000 or £200,000, into the business before making a Tier...

 1 Entrepreneur visa extension application at year three. While you can make an initial application on the basis of money which has already been invested in the business and is sitting in the business bank...

Entrepreneur Extension Applications: Genuine Entrepreneur Test
By Gillian McCall - Barrister Partner

In January 2013, the ‘genuine entrepreneur test’ was introduced for applicants applying to enter the Tier 1 (Entrepreneur) category, for both in-country and entry clearance applications. This test only applied...

 to the initial application made to enter the category, and once in the category Entrepreneurs did not need to meet any further subjective test about the genuineness of their business activity. At the...
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