Tier 1 Entrepreneur Extension Refusal Reasons and What Next?

Last updated: 11 April 2023

Your Tier 1 Entrepreneur visa extension or renewal application may be refused for various reasons, such as failing the "genuine entrepreneur test" or not making the necessary investment in one or more UK businesses. Although the Entrepreneur visa does not provide a right of appeal, there may still be some options available to you depending on your circumstances, such as submit a new application. In this article, we will explore the possible reasons for refusal and the options you can consider.

Please note: the Entrepreneur visa has now closed to new applicants, however, it is still possible to apply for an extension and ILR under this route if you qualify. New overseas applicants who want to set up a new and innovative business in the UK could consider applying for the newer Innovator visa (this will be replaced by the Innovator Founder visa later in 2023).

If the Home Office have refused your Entrepreneur visa extension application, our friendly and empathetic immigration lawyers can assist you. Depending on the reasons of the refusal, we can recommend the best course of action. For assistance with your Entrepreneur visa renewal application in complete confidence, please call us on 020 3744 2797 or email info@reissedwards.co.uk.

Entrepreneur visa extension refusal reasons

Your Entrepreneur extension application may be refused if you do not pass the “genuine entrepreneur test”. This might be the case if you were unable to provide sufficient evidence to the Home Office that you have:

• Established, taken over or become a director of a genuine business in (or more than one business) in the UK
• Been operating the business you have established or taken over
• Invested (or have caused investment to be made) of at least £50,000 or £200,000 (depending on which option you selected when you applied) in cash directly into one or more UK businesses
• A genuine intention to carry on running one or more businesses in the UK, and
• No intention to seek employment in the UK other than running your business/es

Your extension application may also be refused if you:

• Did not register with HM Revenue & Customs as self-employed, or registered with Companies House as a director of a UK company, or a member of a UK partnership – this must be done within 6 months of arrival in the UK
• Have not created the required number of jobs (normally 2 full-time positions that have lasted for 12 months or more), and you
• Do not have sufficient funds to support yourself

What to do if your Entrepreneur visa extension is refused

Unfortunately, the Tier 1 Entrepreneur Visa does not provide a right of appeal. There are, however, other options to consider including:

• Preparing and submitting a fresh Tier 1 Entrepreneur extension application – often the easiest and fastest option.
• Applying for an Administrative Review if you believe the Home Office made a mistake when refusing your application. The Home Office will take a second look at your extension in light of the information you provide. If they find an error in the decision-making process, they may overturn the refusal of your application. You must apply for an Administrative Review within 14 days of receiving the refusal decision if you applied within the UK or 28 days if you applied outside the UK.
• Judicial Review – this is an option of last resort if the Home Office acted unlawfully in refusing your Tier 1 Entrepreneur extension application.
• Switching to a different visa type – e.g. UK Skilled Worker visa.

We often recommend that Tier 1 Entrepreneur extension applicants who have been refused simply submit a new application. Remember, just because your visa extension was refused does stop you from reapplying. Reapplying may be recommended if you are confident that you meet all of the eligibility criteria and your case was refused because you made a mistake on your refused application or you provided insufficient evidence.

Applications for Tier 1 Entrepreneur visa extensions close on the 6^th April 2023. In addition, applications for ILR based on a Tier 1 Entrepreneur visa close on the 6^th April 2025.

Switching to an alternative visa

Following the refusal of a Tier 1 Entrepreneur visa application, it may also be possible to switch to a different type of visa; options to consider include the:

• Innovator visa
• Skilled Worker visa
• Scale up visa
• Global Talent visa

How can Reiss Edwards help?

Reiss Edwards specialises in Entrepreneur visa extension applications and overcoming Tier 1 Entrepreneur visa extension refusals. Our immigration solicitors can:

• Advise on the best course of action if your Tier 1 Entrepreneur visa extension application has been refused
• Help you to switch to another type of visa
• Handle your ILR application, and any queries raised by UKVI on your behalf

For assistance with overcoming the refusal of your Entrepreneur visa extension application, please speak to one of our business immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.