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Challenging an Entrepreneur refusal on the basis of genuineness
By Gillian McCall - Immigration Barrister

Since 2013, Entrepreneur applications have been subject to an assessment of genuineness: whether the applicant is genuine in their intention to run or start a business in the UK. This assessment is done subjectively,...

 by the decision-maker. In relation to the first application to enter the category, whether this is in the UK or an application for Entry Clearance, the Home Office will need to be satisfied that: (i)...

Ahmed and another (PBS: admissible evidence) [2014] UKUT 365 (IAC)
By Richmond Chambers -

In the recent case of Ahmed and another (PBS: admissible evidence) [2014] UKUT 365 (IAC), the Upper Tribunal held that the prohibition of new evidence under s.85A(4) of the Nationality, Immigration and Asylum Act...

 2002 applies to the non-points scoring aspect of the rules, even though the prohibition relates to new evidence that goes to the scoring of points. In this case, the Tier 1 entrepreneur applications of Mr...

Getting your UK entrepreneur visa: Seven tips on passing the genuine entrepreneur test
By Richmond Chambers -

In January 2013 the Home Office introduced the ‘Genuine Entrepreneur test’ for individuals seeking to enter or remain in the UK under the Tier 1 (Entrepreneur) category. The entrepreneur category is designed...

 for those who have access to the relevant level of funds (whether this is £50,000 or £200,000) and who also intend to run a business in the UK. The genuine entrepreneur test has been added to...

The top 100 questions most likely be asked at a Tier 1 (Entrepreneur) interview
By Richmond Chambers -

Earlier this year, the UKBA introduced a ‘genuine entrepreneur’ interview as part of the Tier 1 (Entreprevneur) visa application process.  The entrepreneur interview is designed to test whether an individual...

 seeking leave to enter, or remain, in the UK under the Tier 1 (Entrepreneur) category genuinely intends, and is able, to establish, join or take over a business in the UK. Not all applicants for Tier 1...

Genuine Entrepreneur test introduced to tighten up UK immigration rules.
By Richmond Chambers -

The UKBA has introduced a ‘genuine entrepreneur’ test to ensure only those with the intention and ability to start a viable business are able to use the Entrepreneur immigration route. Introduced...

 earlier this year, the test involves being interviewed by a caseworker who is tasked with ensuring applicants are credible. This is part of a tightening of the immigration rules across the board and is designed to...

The ‘Genuine Entrepreneur Test’ for Tier 1 (Entrepreneur) applications
By Richmond Chambers -

Following a change to the Immigration Rules that came into force on 31 January 2013, if you are an individual seeking to enter, or remain in, the UK under the Tier 1 (Entrepreneur) category, then you are now required...

 to satisfy the UK Border Agency that you genuinely intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months.  As an applicant for...

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