Tier 1 Entrepreneur Refusal Decision

Challenging a Tier 1 Entrepreneur Refusal Decision

Challenging a Tier 1 Entrepreneur Refusal Decision

There are several reasons the Tier 1 Entrepreneur visa will be refused. There is no right of appeal to the First-tier Tribunal against a decision to refuse leave to remain or indefinite leave to remain as a Tier 1 Entrepreneur. This can be challenged by way of administrative Review or Judicial Review. One may also be able to make a fresh application for a Tier 1 Entrepreneur visa extension or Tier 1 Entrepreneur visa ILR.

Tier 1 Entrepreneur Refusal Grounds.

Some of the most common reasons given by the Home Office for refusing a Tier 1 Entrepreneur extension or ILR applications are:

  • Failure to satisfy the genuine entrepreneur test.
  • Failure to provide specified evidence of investment.
  • Failure to provide specified evidence to satisfy the maintenance requirement.
  • Failure to provide specified evidence of job creation.

Advice from an immigration lawyer or specialist can prevent a refusal decision, legal advice following refusal of this visa application can also lead to refusal decisions being overturned.

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Judicial Review of a Tier 1 Entrepreneur refusal

Judicial Review enables a refusal decision to be challenged on the grounds of illegality, procedural unfairness, and irrationality. The application for a Judicial Review needs to be submitted with the relevant court promptly or within three months of the date of the decision that is being challenged.

The way the refusal decision is determined by a judge, is not by conclusion of whether the facts were right but rather if the decision made was procedurally or legally correct.

This method can also only be pursued once all other avenues of redress, including Administrative Review have been exhausted.

Administrative Review of a Tier 1 Entrepreneur refusal

This is a process where a caseworker will review the refusal decision for caseworking errors. These errors might include a failure to apply Immigration Rules correctly or a failure to apply published policy and guidance in relation to the Tier 1 Entrepreneur application.

It is important to note that, it is in limited circumstances that the Home Office will consider evidence that was not there before the original decision.

An out- of – country application for Administration Review must be made within 28 days of receiving the refusal decision. An in-country application for Administrative Review must be submitted within 14 days of receiving the refusal decision (or 7days if detained).

Fresh applications for a Tier 1 Entrepreneur

A fresh application can be made to extend your stay or settle in the UK if you currently have a valid leave as a tier 1 Entrepreneur or held Tier Entrepreneur leave in the last 12 months. This is because this category has now closed to most new applicants.

Applications for further leave to remain as a Tier 1 Entrepreneur can be made until 6 April 2023 and those for indefinite leave to remain can be made until 6 April 2025. These can be made from within the UK or, if applying for an extension of stay, by way of an entry clearance application from overseas.

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To discuss about your legal matter with one of our solicitors, book an instant video consultation or call us on 02084323076 for an instant legal advice.
challenging a Tier 1 Entrepreneur refusal decision

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Disclaimer​

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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