Tier 1 Entrepreneur Extension refusal can lead to serious consequences to the applicant’s business, and stay in the UK. For Tier 1 Entrepreneur migrants, moving one’s life, investments, and resources to the United Kingdom is a significant life changing move. In addition to the large investment required for such purposes, individuals must ensure that the investment follow strict UKVI protocols so that there are no challenges when it’s time to apply for an extension.
Mr S arrived in the UK over 10 years ago as a student. Following his successful graduation, he returned to his home Country. Being an ambitious young man, he wanted to follow in his family’s footsteps and start a restaurant business of his own. Where better to realise this dream than in the UK where he had spent 10 years of his life. He spent time and energy getting his affairs in order and submitted an Entry Clearance application to return to the UK as a Tier 1 (Entrepreneur) migrant. His initial application was approved and he was granted entry clearance for a period of 3 years and 3 months. His wife was named as his dependent and she too was able to join him in the UK.
All went according to plan and his dream began to take shape. He made an investment of the qualifying funds into a restaurant business and as required by the Rules he also created new jobs.
Three years after his entry to the UK, he began to gather all of the required evidence to submit an application to the Home Office to extend his leave. Mr S, being a capable young business man submitted his application without legal advice or assistance. To his surprise, his application was refused on the basis that he had failed to provide the “specified evidence” as required by the Immigration Rules. Unsure about how to proceed, Mr S was referred by one of his friends to an immigration advisor who advised him to submit a new application.
Mr S followed the advice given without question and quickly proceeded with the instructions of a new application within the required 14 days from the receipt of refusal of his initial application. It is worth noting here that if he had not submitted the new application within the 14-day time frame he would have lost his continuous residence in the UK and become an over stayer – a person who has breached immigration law.
Unfortunately, this second application was also refused, this time with and added new grounds:
Unfortunately, this second application was also refused, this time with and added new grounds: the Home Office maintained that he had failed to submit the “specified evidence” relating to the creation of jobs and secondly, a new grounds for refusal, and no doubt the most worrying, an allegation that he had made false representations in his attempt to gain further leave. Mr S was confident that the “specified evidence” was not an issue and believed that, having submitted all the evidence, it was a simply a matter of the Home Office having overlooked the evidence. However, the second reason for refusal was a shock, unknown to Mr S there had been a Civil Judgement entered against him.
Mr S was advised by his then instructed advisors to proceed with an Administrative Review of the decision. A few weeks later, he received a response from the Home Office, they had dropped the “specified evidence” ground for refusal but had maintained the allegation of False Representations. He was extremely disappointed with both the outcome and the fact that his “representatives” had drafted and submitted the grounds for Administrative Review from him and not as his representatives. He was left asking himself what had he spent his money on?
At this point he felt he had run out of options and was facing ruin. He would have to leave the UK with his wife, give up his business and leave many people out of work. He had sought advice from other legal representatives and they had not filled him with confidence that they could change his fate.
Mr S decided to seek legal advice one more time from a firm recommended to him, namely A Y & J Solicitors.
Mr S was seen by an experienced member of our legal team, who believed in his case and looked for the solution to achieve a good result for him. At the consultation, we learned that the most important issue in the refusal was the allegation of submitting false representations and given that this was crucial it was unbelievable that this had not even been addressed by his previous legal advisors in the Administrative Review Grounds, it was totally overlooked. Mr S had no idea how to deal with the issue, he had no idea that a Civil Judgement had been entered against him, he had no idea what it was for, it was a total mystery to him. It later turned out that it had been a parking ticket that he had never actually received!
A Y & J Solicitors determined the best approach at the time of the consultation. As all appeal/review rights had been exhausted all that was open to Mr S as a potential remedy was Judicial Review, a time consuming and costly route if not dealt with properly in the initial stages in what is known as Pre-Action Letter.
A very detailed Pre-Action Letter was sent to the Home Office with Legal arguments and evidence in relation to the Civil Judgement were put forward to the Secretary of State.
It was with great pleasure that A Y & J Solicitors were able to tell Mr S that the Home Office, as a result of the Pre-Action Letter had agreed to reconsider the application for further leave based on the new arguments put forward.
We are confident that he will now be granted leave, we will of course have to await the outcome of the review so please watch this space for an update!
It’s important to have the right advisors with you in immigration matters. Don’t try to do it yourself, the time and money invested by you can be devastating. We are experts in working with Tier 1 (Entrepreneur) migrants to submit successful initial and extension applications approved so they can continue living and working in the UK.