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.
To discuss your Tier 1 Entrepreneur refusal decision with one of our immigration barristers, contact our UK Tier 1 Entrepreneur refusal lawyers on 0203 617 9173 or complete our enquiry form below.
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 case working errors. Case working 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.
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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.