Current common grounds for Tier 1 (Entrepreneur) refusals:
(Last updated on 20 October 2014)
Majority of Tier 1 application are now being refused by the Home Office either on odd reasons of non compliance with the lengthy Immigration Rules part 6A or Appendix A especially Para 41-SD or Para 46-SD. If the applicants do succeed to comply with these unreasonably lengthy Rules, the Home Office has another trick at its sleeves - the so called Genuineness Test and availability and credibility of Funds and Business Plan and Market Research. We have won many of such cases in the recent past for our clients and have succeeded in convincing the judge that the Business Plan, availability and Credibility of funds and Business Plan and Market Research shall be assessed by taking into consideration the appellants evidence as a whole and not refusing the Entrepreneur application and Appeal by looking at some clerical error in the Business Plan and Market Research.
Similarly, the so called Genuineness Test is not a prescribed rule but the Home Office and the FT judge needs to look at the evidence before the case worker or a judge and arrive at an objective conclusion about the genuineness and credibility of the appeal as a whole and must ignore minor errors and contradictions as these Specified Documents under Appendix A are such documents that every business update and develop at every stage and therefore, a new start up like the Tier 1 Entrepreneur business are also start from very basic documents that evolves with time by getting updated and amended in the light of clients’ feedback and business maturity of the Tier Entrepreneur Applicant.
Another success - Tier 1 (Entrepreneur) Appeals Allowed.
(Last updated on 17 September 2014)
This was an interesting appeal. The Ft judge accepted our submission that if the Interview record does not record completely when the application is interviewed as part of genuineness test under the Immigration Rules Tier Entrepreneur, then the Tribunal shall not give full weight to the same and shall not take it against the appellant even though the appellant answers are not complete.
The Tribunal also accepted our argument on the point that the Home Office has no power to go behind the commercial decision of a Venture Capital to offer investment.
Good News.... another Tier 1 (Entrepreneur) Appeals Allowed today.
(Last updated on 02/05/2014)
Ikon Law is proud to announce that until today our immigration solicitors have represented in many Tier 1 Entrepreneur Appeals and Judicial Reviews and we are proud that most of our client Entrepreneur Appeal have been allowd by the Immigration Tribunal. A few days ago we received the Tribunal decision in another Tier 1 Entrepreneur Appeal allowing our client’s Tier 1 (Entrepreneur) Appeal. Our client’s Tier 1 (Entrepreneur) Appeal was allowed by the Tribunal by finding the Home Office “failed to follow the requirement of Para 245AA and the [flexibility policy. We successfuly argue that the recent Court of Appeal case of SSHD –and-Rodriguez  EWCA Civ 2 is not applicable to our client Tier 1 Entrepreneur Appeal as the Court of Appeal case is regarding the appellant failure to submit bank statements with the Application for maintenance under Appendix A while most of our clients Tier 1 Entrepreneur Appeal are relating to the Home Office failure to contact our clients when there are some missing information from our clients' Tier 1 Entrepreneure Applications wnd therefore we argued that our client Tier 1 Entrepreneur Appeal have been refused unlawfully.
We believe there are a lot of hard days ahead for the Home Office by not dealing with the Tier 1 (Entrepreneur) Applications properly. The Tribunal agreed with our argument that the Home Office has failed to follow it's own flexibility policy and the guidelines of Rodriguez (Flexibility Policy)  UKUT 00042 (IAC) and para 245AA of the Immigration Rules. The Tribunal also agreed with our argument that Home Office has breached the Public Law Principal by failing to follow it's own policy and by failing to write to the Applicants that specifid documents under para 41-SD, for example, contract, bank letter, marketing material etc were not complying with the Immigration Rules.
We are a Birmingham based Immigration specialist Solicitors but we provide our services to clients all over the UK including London and Manchester. We are increasingly hearing from our clients that their UK Visa has been refused by the Home Office. Especially now there is a huge surge in the refusal of Tier 1 Entrepreneur visa applications and hence appeal against such refusals of Tier 1 Entrepreneur applications.
Our expert immigration solicitors can assist you with your immigration appeal. Most of the time Home Office refuses the visa application on the grounds that can easily be challenged in an appeal to either an Immigration Tribunal or the High Court in a JR Claim. We can assist you with your appeal in all categories, like Tier-1, Tier-2, Tier-4 Spouse and settlement visas etc.
Example: Tier 1 Entrepreneur Visa Application Refusals......
Unfortunately, some clients, and understandably so, choose to prepare their tier 1 entrepreneur visa application either themselves or with the help of friends. As the rules and requirements for tier 1 entrepreneur visa application are complex and extensive, despite succeeding to establish access to the required funds, some time the applicant fails to comply with crucial requirements, for example:
• Application refused after an interview, the HO alleging that they are not satisfied about the source of funds, Business Plan and Market Research etc..
•Failing to sign the declaration from all parties, including not only the investors but most importantly, all the applicants as well.
•Failing to keep the advertisement live until the decision by the UKBA or failing to include all the relevant information in the advertisement like names of the applicants, emails or other contact details.
•Failing to include some crucial documents like letter from the bank, business plan or declaration etc
•Failing to provide some of the mandatory documents
The above are some examples taken from recent Entrepreneur refusal cases that we are dealing with in the appeals. The Tier 1 Entrepreneur visa refusal have been challenged in appeals before the Immigration Tribunals.
If your tier 1 Entrepreneur visa application has been refused, there is no need to panic as our expert Immigration Solicitors are here to help and provide you with the advice and support you need in preparing and filing of your tier 1 entrepreneur appeal.
Our expert solicitors will not only prepare your Tier 1 Entrepreneur appeal but will also represent your case before the Judge at the Immigration tribunals.
TIER 1 ENTREPRENEUR APPEALS & JUDICIAL REVIEWS
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"I am writing to thank you for the outstanding work you did for me. Words cannot give my appreciation justice. You were superbly efficient and professional. Your foresight on all matters on my case was truly remarkable. I owe the success and victory of my case to your dedication and perseverance, which you showed throughout the one and half years that you were handling my case. It goes without saying that I will always refer to your firm if the need ever arises that I shall need any legal assistance again. Once again my heartfelt thanks and appreciation."
Uday Bennikuppe - London - Tier 1 Entrepreneur visa Appeal
Ikon law solicitors provided me with a thorough and professional support in my entrepreneur visa. He successfully retrieved my immigration status from the claws of home office. When it appears that all hopes were lost, he used his experience, confidence and professionalism to turn the matter to my favour in the tribunal. If you have an immigration issue and need a solicitor to handle it, surely Khan has my highest recommendation for he has proved to me beyond reasonable doubt that he is capable.
Dr. Alexander Okorie- Newcastle - Tier 1 Entrepreneur visa Appeal