Our team of expert solicitors received some wonderful news this morning that our client (the Applicant) had been granted a Tier 1 Entrepreneur visa. From outset, we know this was a difficult case as the Applicant had been refused a Tier 1 Entrepreneur visa application on two previous occasions and as a result, it had put the Applicant in a difficult situation. The Applicant had informed us that it was crucial he was granted a Tier 1 Entrepreneur visa as he had already set up and registered his business in the United Kingdom with Companies House and he had already built a strong network of client’s. Upon instruction, our specialist immigration team successfully prepared the Applicant’s Tier 1 Entrepreneur visa application and received a decision on the within 3 months from the date of submission. Our immigration team also assisted the Applicant in preparing for a Home Office interview.
Background – Tier 1 Entrepreneur visa application
The Applicant was an Egyptian national who had extensive qualifications and practical experience in the construction industry and had set up a construction company in the United Kingdom. The Applicant had previously applied for a Tier 1 Entrepreneur visa on two occasions but his applications were refused by the UK Visas and Immigration department of the Home Office. The Applicant’s first application was refused on the grounds that he had failed to provide the requisite documents in support of his Tier 1 Entrepreneur visa application. With respect to his second Tier 1 Entrepreneur visa application it was accepted that he had acquired 95 points but the Home Office did not accept that he was a genuine entrepreneur as he had failed the Genuine Entrepreneur Test. We were informed that he was invited for an interview and shortly after this Tier 1 Entrepreneur visa application was refused.
Our solicitors had reviewed both previous refusals and formed the opinion that both applications were underprepared. After speaking to our expert solicitors, the Applicant was reassured that it was possible for him to overcome the difficulties he had encountered in his previous applications. The Applicant instructed us to prepare and assist with the submission of his Tier 1 Entrepreneur visa application. Our solicitors were able to prepare an exceptional application and eliminate any concerns, resulting in a successful application.
How we can assist submit a successful Tier 1 Entrepreneur visa Application
In this particular case, the client had informed our immigration team that he would like to submit his Tier 1 Entrepreneur visa application as strong as possible but without delaying his application. Our solicitors were able to provide a solution to the difficulties he had previously encountered. As the Applicant had already set up his business in the United Kingdom we decided that it would be in his best interest if he were to invest half of the required £200,000 into his business prior to the grant of his application. It should be noted that this step should only be taken once legal advice is obtained. By investing some of the monies required in his business prior to the submission of his Tier 1 Entrepreneur visa application the Applicant was able to show a serious intent in establishing a business presence in the United Kingdom. This step also assisted in showing the Home Office that the Applicant was, in fact, a genuine Tier 1 Entrepreneur.
Despite investing some of the monies into his business in the United Kingdom the Applicant was invited for a Home Office interview. The purpose of a Home Office interview is for an Entry Clearance Officer (ECO) to make an assessment of whether an Application passes the Genuine Entrepreneur Test. Our solicitors conducted a mock interview with the Applicant ensuring that he was well prepared and he knew what to expect. It is often the case that Applicants attend Home Office interviews underprepared and give the Home Office a negative impression resulting in negative decisions.
In addition to the above, our Solicitors prepared a bespoke documents list outlining all the necessary documents required for a successful Tier 1 Entrepreneur visa application. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules.
Eligibility for a Tier 1 Entrepreneur visa Application
The relevant rules for a Tier 1 Entrepreneur Visa application can be found under Paragraph 245D of the Immigration Rules. In addition to Paragraph 245D, Appendix A, B and C must be considered. Applicants are required to score 95 points for a successful Tier 1 Entrepreneur Visa application. Applicants will be awarded points for the following:
- 75 points for meeting the Attributes requirement;
- 10 points for meeting the Maintenance requirement; and
- 10 points for meeting the English language requirement.
To further elaborate on the requirements Applicants must show genuine intention to establish or take over an existing business in the United Kingdom. Applicants must also demonstrate that they have £200,000 readily and available to invest. The funds must have been held in the Applicants name for a consecutive 90 day period and must be held in a regulated financial institution. Applicants must also demonstrate that they meet the English Language requirement and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test (more information on this requirement provided below).
Those wishing to apply for a Tier 1 Entrepreneur visa application must ensure they submit a strong application and it is also strongly advised that legal advice is obtained prior to the submission of an application.
Can I Switch into a Tier 1 Entrepreneur Visa?
The simple answer is yes. However, the more popular route is via Entry Clearance. Applicants who have valid immigration status in the United Kingdom can switch into this visa category if they can meet the requirements. Unfortunately, Applicants on tourist visas cannot switch into the Tier 1 Entrepreneur Visa category within the United Kingdom and an Entry Clearance application must be submitted.
Using Legal Representation to Submit a Tier 1 Entrepreneur visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your Tier 1 Entrepreneur visa application. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 1 Entrepreneur visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur visa application meets the Immigration Rules.
Successful Tier 1 Entrepreneur visa Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur visa application and the merit of your Tier 1 Entrepreneur visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Tier 1 Entrepreneur visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation for you to discuss a successful Tier 1 Entrepreneur visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.