Personal Immigration
Business Immigration

Successful challenge to a Tier 1 (Entrepreneur) refusal

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 Rules.

The Secretary of State refused the application on the basis that the advertising material that had been submitted was deficient in that it allegedly did not cover a continuous period commencing before 11 July 2014 up to no earlier than three months before the date of the application, as required by paragraph 41-SD(e)(iii) of Appendix A. The Secretary of State therefore refused the application, awarding 0 points under Appendix A, 0 points under Appendix B and 0 points under Appendix C. However, we identified that the Secretary of State had failed to consider all of the evidence provided in support of the application, including in particular a LinkedIn profile and LinkedIn invoices relating to a business subscription which covered a period of seven months prior to the date of application.

An appeal was filed with the First-tier Tribunal on the basis that the Secretary of State’s decision was not in accordance with the law, including the Immigration Rules. It was contended that the LinkedIn profile, which contained the name of the applicant and the applicant’s business, together with a description of the business activity, constituted evidence of ‘advertising and marketing material’ for the purposes of paragraph 41-SD(e)(iii) and that the invoices for a business subscription to LinkedIn demonstrated that the profile was held on a date before 11 July 2014 and up to within 3 months of the date of application.

A Judge of the First-tier Tribunal allowed the appeal having been satisfied that the Secretary of State had not considered all of the evidence provided with the application and so the refusal decision was not in accordance with the law. The judge was also satisfied that the LinkedIn profile and invoices satisfied the requirements of paragraph 41-SD(e)(iii) and the matter was remitted to the Secretary of State to make a lawful decision.

As this appeal was brought under the pre-2 March 2015 legislative regime, any application submitted on or after 2 March 2015 will need to be challenged by way of an Administrative Review.

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If you are considering making an application as a Tier 1 (Entrepreneur) or if your application has been refused, then please contact our immigration barristers in London on 0203 617 9173 for professional legal advice.


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