The Tier 1 Entrepreneur visa is one business immigration route we deal with almost on a daily basis. In some instances, the cases are quite straight forward while in some others, very complex. A common trend we have noticed is that once the Tier 1 Entrepreneurs have gotten their entry clearance, they begin to falter in keeping proper records as such are unable to provide evidence of certain basic requirements for extensions or indefinite leave to remain.
This particular case had to do with a Tier 1 Entrepreneur extension application that had a little complication
We had a client of whom had instructed us to assist with an extension for him and his two dependents under the Tier 1 Entrepreneur scheme. He had an extremely credible business that had been endorsed by UKTI. However, as he had taken some time to prepare and start business, he did not satisfy the requirement for extending his visa relation to employing two people for 12 months. He was short of employing one of the employees by 4 months and his visa was due to expire before this element of the rules could be satisfied. In a strict application of the law, he could not meet the immigration rules, despite his business being recognised as a great innovation and having millions of pounds worth of investment.
Points Based System application together with general immigration applications have a grace period of 28 days after the applicant’s visa expires, so in theory, an applicant can submit a visa application after the official expiration of a visa. However in using this 28 days, certain detrimental effects arise, which an applicant can ordinarily avoid if an application is made before the applicant’s visa has expired . Given the importance of the Entrepreneur and Director in this example, we needed to protect his right to work and using the grace period would have resulted in the loss of his right. We therefore submitted an application before his visa had expired so that the provisions of his old visa extended whilst a decision was underway, which is reference in the immigration rules in section 3c and 3d. We were able to buy a further 4 months, which resulted in meeting the requirements for the employees. We made a variation of this application, which the Home Office went on to approve.