Although the Tier 1 (Entrepreneur) visa route has been closed to new applicants as of March 2019, those already holding this visa can still apply to extend their visa up until 2023, with settlement being permitted until 2025.
If you have been living in the UK on a Tier 1 (Entrepreneur) visa for a while and are getting towards the end of your initial grant of leave, you may be considering extending your visa to continue to living and operating your business(es) in the UK. While an extension may seem straightforward, there is a large burden on you to prove you have complied with the various rules. For this reason, unfortunately, refusals are all too common. So, in this article, we are going to explore why your Tier 1 (Entrepreneur) extension might be refused and help you to ensure your application progresses as smoothly as possible. Our best immigration solicitors can also offer some practical advice on what to do if you are refused.
Applying For a Tier 1 Entrepreneur Visa Extension
While most visa extensions are straightforward, the Tier 1 (Entrepreneur) visa extension is rarely so. This is usually because the Tier 1 (Entrepreneur) visa is all about starting and growing a business, investing £200,000 (or £50,000 in some instances) in the specified manner as well as meeting the stringent requirements on job creation. You will be required to provide a large amount of information and supporting documents about your business in the UK and prove it has been successful.
So, what are the requirements that you must have met? To comply with the minimum standard laid out, you must have achieved the following in your UK based business(es):
You will need to be able to prove you have satisfied these criteria with documentary evidence.
Reasons For Refusal
Many applications are refused because of an interview that the Home Office would have arranged to ascertain whether or not you have met the above requirements. It is therefore important that you have played an active role in the collation of the documents so that you understand the specific information that the Home Office will want to know of any interview process. We can guide and assist you in advance of any interview in the event that we are formally instructed to represent.
Another basis in which applications are refused is that the investment relied on have not followed the specified route that the Home Office accept. For example, a Directors's Loan must be unsecured and insubordinated in favour of third party creditors and the relevant documents attested to confirm this.
In the event that you feel like you would benefit from having legal representations to guide you and review the relevant documents, please feel free to contact one of our Senior Associates who can assist you further.
Appealing A Refusal
The Tier 1 Entrepreneur Visa comes with no right of appeal. This means that the only way to challenge the outcome is to either reapply for an extension or apply for an Administrative Review - so that the decision is reviewed by a senior immigration official. This review asks for the Home Office to take a second look at your application if you feel the decision was incorrect the first time. Often, unless there is a significant error in their judgement, it is unlikely this decision will be changed.
Switching To An Alternative Visa
One option for those who are in the UK on a Tier 1 (Entrepreneur) visa and are struggling to extend it is to switch to an alternative visa route. While this may not be the ideal solution, the Tier 2 (General) Visa is an excellent way out for those on a Tier 1 (Entrepreneur) visa.
So how do you go about switching to a Tier 2 (General) visa? Well, first of all, you will need to find a Tier 2 Sponsor Licence holder (the government holds a list of them) and apply for a relevant position fulfilling the eligibility criteria for a Tier 2 General Visa, for example being offered a salary of at least £30,000 for most workers - though other options exists. If you are successful in your application, you will be given a Certificate of Sponsorship which you can use to support your Tier 2 (General) visa application. If you have been in the UK for a few years, you can use this time as part of the 5 years or 10-year routes to settlement to apply for Indefinite Leave to Remain. You can combine time spent as a Tier 1 (Entrepreneur) and Tier 2 (General) visa to qualify after 5 years.
Getting More Help
If you wish to discuss your options after a Tier 1 (Entrepreneur) visa extension refusal then please get in touch with one of our immigration lawyers. We can help to make representations on your behalf in order for your application to be reconsidered, or we can help you to switch to an alternative visa route such as the Tier 2 (General) visa. Whatever you choose, we can be here to give you advice and support along the way.
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.
Fantastic Solicitors!!!
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.
1st Floor, Holborn Gate, 330 High Holborn, London, WC1V 7QT, United Kingdom