Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.
Tier 1 Entrepreneur Visa applications are getting refused in large number. There are many reasons for this, the main one being a failure of the Genuine Entrepreneur Test. However, the pressure on caseworkers to meet aggressive visa refusal targets means administrative errors can be made when reviewing applications. To rectify this, you need to apply for an Administrative Review.
Tier 1 Entrepreneur Visa – Requirements, Fees, Genuineness Test and Extension
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Russian Entrepreneur Threatened with Removal Following Home Office Error
An example of how damaging an administrative error can be can be found in the story of Russian entrepreneur, Alexander Shaf. In early 2017, after being in the UK for ten years and forming a live online puzzle game business which will create jobs for people settled in the UK, the simple act of not adding a signature to an application to the Home Office for leave to remain, meant he was threatened with removal. The mistake was made when he was in Russia, spending time with his father who was dying of pancreatic cancer.
The Home Office refused to believe Mr Shaf was in Russia visiting his father, stating his time in Russia was for economic purposes. Caseworkers refused to offer any leniency and applied a “negligent and formalistic” approach to the case.
Mr Shaf’s case is far from unusual and highlights why investing in legal advice when making a visa application is worth every penny.
The Administrative Review Process
Administrative Review is the process by which those applying for entry clearance can challenge an eligible decision on the basis that the decision is incorrect due to a case working error. You can make an application for Administrative Review either from inside the UK (if you are switching to a Tier 1 Entrepreneur Visa), or out-of-country.
If UKVI issues a refusal to grant your Tier 1 Entrepreneur Visa, they will write to you advising you can apply for Administrative Review. The notice must include or be accompanied by a statement of why your application was turned down. Information on how to apply for Administrative Review and the time limits for making an application must also be included within the information provided to an applicant by the Home Office.
If you are outside the UK and wish to apply for an Administrative Review of a UKVI decision, you will have 28 days to make the application. If you are applying in the UK, you have 14 days. Do not ignore the time frames, unless there are compelling reasons for you to have missed the deadlines, no extension will be granted.
When applying for an Administrative Review, you must:
- Give the reasons why your application was refused (these are contained in your decision letter), and state the error you believe was made
- send your completed form in the method the application refusal letter suggests (by email, post or in person)
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Administrative Review is often the fastest and cheapest way of having your Tier 1 Entrepreneur Visa immigration refusal overturned as you will normally receive a decision within 28 days. Refusals can deliver a powerful blow to your business plans, but there is a high chance of a mistake being detected and your visa is granted, especially if you engage an experienced immigration lawyer to assist you with applying for an Administrative Review.
What to do if Your Administrative Review Application is Declined
If your application for Administrative Review is declined, you will need to explore other alternatives. These include:
- submitting a fresh application
- making an appeal
- applying for Judicial Review
All of these approaches will require the help of an SRA regulated immigration lawyer who understands the complexities of immigration appeals and Judicial Reviews. For example, an appeal can only be made on human rights grounds. And to apply for Judicial Review, all other legal recourses must be attempted prior to submitting an application. Only an immigration lawyer will have the in-depth understanding of the law and court processes to provide you with a chance of success.
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It may cost a little extra to invest in legal advice to have your refused Tier 1 Entrepreneur Visa application go through the Administrative Review process. However, doing so greatly increases your chance of success, allowing you to enter the country and invest in your UK business.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at contact@ayjsolicitors.com or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
