Administrative Review against Tier 1 Entrepreneur Visa Refusal

Administrative Review against Tier 1 Entrepreneur Visa Refusal

In this instance our client was a Tier 4 (Student) Visa holder who sought to begin a retail business in the UK after their studies had concluded. In order to do this, our client approached us for assistance.

What is Tier 1 Entrepreneur Visa

In the UK, if a non-EU foreign national wishes to establish a business, they can apply for a Tier 1 (Entrepreneur) Visa. In order to obtain this visa, an applicant must satisfy various financial criteria such as access to either £50,000 or £200,000 which they intend to invest in a UK based business, and access to a specified amount of separate maintenance funds. An applicant must also demonstrate a suitable knowledge of English and pass the highly subjective ‘genuineness test’.

Many applicants are able to satisfy the financial requirements but fall short at the genuineness test applied by the Home Office. This test includes an interview and the evaluation of the credibility of the source of an applicant’s funds and the viability of the applicant’s business idea.

Our involvement

Our solicitors assisted our client to prepare and submit their application for this visa. Unfortunately, our client did not pass the genuineness test and the Home Office refused the application. In support of their refusal, the Home Office relied upon our client’s lack of business experience and the credibility of our client’s intention to invest the required money in their business.

We promptly lodged an administrative review against this decision with the Home Office. We submitted that the Home Office had not adequately considered the relevant experience and knowledge that our client had obtained from their degree; that the Home Office had not taken into account the fact that a significant portion of the available funds had already been invested in the client’s company; and that the client’s company had already been established and was legally incorporated in the UK.

The outcome

Our administrative review was successful and our client was granted leave to remain as an entrepreneur.

At Latta & Co, our solicitors have accumulated a substantial amount of experience in assisting our clients to successfully make entrepreneur visa applications, and specifically to pass the genuineness test. Our expertise allows our clients to focus on their businesses, comfortable in the knowledge that their visa application is being handled by experienced professionals.