The idea of a genuine entrepreneur test started gathering momentum in 2012, when the UKBA was flooded with so many Tier 1 Entrepreneur applications. Even though refusal rates increased, more applicants were granted leaves when they challenged the Home Office' refusal decision.
The reasons for this was simply because they just needed to show that the applicant had access to £200,000, met the maintenance funds requirement as well as the English language requirement. In cases where it was almost clear that this person (applicant) was not in a position to run a successful business, the rules at that time didn't lay emphasis on that.
By January 31st 2013, the Home Office introduced the Genuine Entrepreneur test. The rule was introduced to ensure that only those who are indeed genuine entrepreneurs were granted visas under the Tier 1 Entrepreneur route.
According to the official statement by the UKBA, the Genuine Entrepreneur test was introduced to protect the Tier 1 Entrepreneur immigration category from abuse.
The test is both a subjective and objective assessment of your application to determine the genuineness of the application.
The business plan is a key aspect of theÂ Tier 1 Entrepreneur visa application. Getting this wrong has negative ramifications on your application. It is important to understand that a business plan for a Tier 1 entrepreneur application is quite different from a conventional business plan. The general structure remains the same, but the approach is different.
The differentiating factors are the elements the Home Office is actually looking out for. Some of which include: -
The Home Office is not an investor or a friend, who may steal your business idea if you make your business plan very detailed. Ironically, the more detailed your business plan is, the more likely you are to getting an approval; and the more likely you may not be called upon for an interview. Even when or if you are called for an interview, the answers to questions about your business should already be in your business plan.
The Home Office wants to know about your business idea. Is it a kebab shop to be located in East London shop or something that will really add value to the UK economy? Not that a kebab shop is a bad idea, but you may struggle to pull an application through with a kebab shop. Adding a little branding, special cuisines, exquisite packaging, may do well to make a normal kebab shop more attractive to the Home Office.
If you already have a business plan and are looking for an immigration lawyer to have a look at it to make sure it is compliant with what the Home Office wants, please contact us today.
We have also seen situations where people literally lift an old business plan or a template online to lodge an application. The Home Office are not daft to recognise that they have dealt with a particular business plan before with the exact same letters and figures.
Even though market research is a part of a business plan, it is important to look at it in isolation from the business plan because standard practice suggest that it can stand on its own (without the business plan). This can be done by way of feasibility studies. Also, the fact that your market is something you are expected to know as a genuine entrepreneur, it make sense to to mention it differently.
It is not out of place to expect that if you are planning to set up a business in another country you should not only research about the country, but also find out who your potential competitors will be. How do you plan to survive in market with its own peculiar competitive dynamism? What are your strengths and weakness in relation to the competition? What the opportunities and threats in the environment?
The Home Office will be expecting you to know your market - as a genuine entrepreneur.
It is fine to have a good business plan, but the question of what you are bringing into the business cannot be overemphasised. Your business plan must be able to answer why you need a visa to do that business in the UK. It is going to be difficult convincing the Home Office that you even though you have nothing to add to the business in terms of skill, management, experience, etc., that you should still be granted a visa to do that business in the UK.
This argument follows, when you consider the fact that the Home Office categorically mentions that they expect the applicants to be directors in the business. How can you be a director of a business you cannot add value to - you should be at least able toÂ directÂ the business.
This then brings us to the next point of what the Home Office looks out for in the Genuine Entrepreneur Test, the applicant(s) CV.
Often the most overlooked aspect of the application (by the applicant of course), your CV goes a long way in amplifying the content of your business plan. It is your CV that demonstrates your skills set in relation to the value you will add to the business as a Director.
The decision maker will also look to determine whether or not there are things about the applicant's experience that may suggest that they can manage the business. In a way, there has to be some form of reasonable correlation between your CV and your business plan.
The Home Office's assessment of your CV: -
Take this scenario, applicant A has worked for 25 years as Chef in a restaurant he co-owns. He is now applying for a Tier 1 Entrepreneur visa to set up a restaurant in the UK.
Applicant B has never worked anywhere and has just finished his university degree where he studying music. He now wants to apply for a Tier 1 Entrepreneur visa to set up a restaurant in the UK.
It is clear that applicant A is more likely to succeed that applicant B with that business idea. However if applicant B plans to set up a musical record label in the UK, he stands a better chance of succeeding.
The Home Office is therefore expecting to see a clear link between the applicant's background and the business they are planning to set up.
Importantly applicants need not have direct educational or professional experience in the proposed business idea on their application. Even though that will be advantageous, it most likely will not break the application. A general managerial experience or even a leadership role may suffice as a reasonable proof applicantsâ€™ capability to set up and manage the business.
Generally, if the funds is in your account (the applicant), you must leave the entire sum there for 90 days priors to submitting the application.
The UKBA has a responsibility to ensure that it is not encouraging fraudsters, funding terrorism and corrupt government officials to steal money from their home countries and then move it to the UK to start a business. The Home Office have therefore made it mandatory that applicant's declare the source of funds. The source of funds must not be illegal both in the country of origin as well as in the UK. If the Home Office have any reason that this source of fund is illegal, the Home Office will reject the application.
If you are wanting to apply to enter the UK under the Tier 1 entrepreneur visa then you will need to satisfy Home Office officials that you are genuinely an entrepreneur. Due to the nature of the visa scheme, it is one of the most refused applications in existence. But if you are a genuine entrepreneur you have little to fear; as long as you can provide documentary evidence to support your claim, you should stand a very strong chance of success.
The list of documents required are:
As long as this documentary evidence is provided, you should have satisfied at least the documentary requirement of the genuine entrepreneur test. This isn't the only part of the genuine entrepreneur test but is one of the more important aspects. This documentary evidence is vital so that you can prove that you have done all of your due diligence in preparing for success in your business.
Other things to bear in mind
The genuine entrepreneur test is designed to ensure that the applicant is genuine and that they have a reasonable chance of success. This is likely to include interviews. The interview will be designed to ensure that the applicant has a very strong understanding of the market that they are entering and that they can run a successful business within the industry.
Generally, the Home Office does not interview every single Tier 1 entrepreneur application. However the Home Office reserves the right to contact an applicant to ask further questions regarding their application. The invitation for an interview by itself is neither a good thing nor a bad thing. The applicants will be asked questions about the business plan, source of funds, market research and other aspects of the application
The interview and application are not designed to catch you out, they are designed to ensure that the most appropriate applicants make it to the UK to run their businesses. The UK has a long list of people trying to enter and it is down to these Home Office officials to ensure that only the most likely to succeed get in. So please don't be scared, it is just a formality, but you will need to have a very strong market knowledge and the documentary evidence to prove it. With our services, you can get prepared by specialists who will make sure that you have everything you need to succeed in your application.
At Reiss Edwards, out team of Tier 1 Entrepreneur lawyers have a strong background in business as well as individual immigration. We can advise you on all aspect of your application from entry clearance up until your Indefinite leave to remain application as a Tier 1 migrant. Contact us today for a free consultation on 02037442797 or drop us an email on firstname.lastname@example.org
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
530 ReviewsREAD ALL REVIEWS