Visa refusals may seem very vague, ambiguous and stressful at the same time. Even though the 2017 Immigration Statistics confirm a 13% rise in the Tier 1 Entrepreneur visa UK applications, the refusal rate for Tier 1 Entrepreneur visa UK still stands at almost 42%.
The UK government introduced the Tier 1 Entrepreneur visa to encourage talented and experienced entrepreneurs to the UK. In order to ensure that they are indeed drawing the right talent that would benefit the nation, their scanning of genuine entrepreneurs has been very rigorous.
Here are 3 Pointers to be kept in mind should your Tier 1 Visa UK be refused:
- The first thing is to assess whether there are sufficient reasons to challenge the decision made by the Entry Clearance Officer. The Tier 1 Entrepreneur visa UK refusals can be challenged through filing a request for an Administrative Review (AR). The applicants often get anxious and angry when they get a refusal; it’s our recommendation to immediately seek an Immigration Expert advice as you are entitled to get your refusal reviewed by the Administrative officer.In order to be successful in the administrative review, it is important to show that the refusal decisions contains a case working error. This would mean that where there the ECO has failed to apply their own policy, not correctly interpreted the documents or not adhered to the Immigration rules correctly. In these cases, the applicant has a right to challenge such decisions.The AR team reviews the evidence submitted previously and comes up with a decision on that basis. The applicant gets 28 days from the date of the refusal to submit the request for administrative review to the Home office.
Tip: No new evidence can be put to strengthen the case.
- Now should an AR get refused, the next option is Judicial Review proceedings (JR). This allows the applicant to take the Home Office to court to challenge the refusal.In a Judicial Review, an independent Judge reviews the decision. If it is necessary to show new evidence in order to show that you are genuine, then JR may not be the best option.
- Lastly, if there are no sufficient reasons to challenge the decision, it is best to file a fresh application. The applicants are often been questioned on their genuineness. It is possible to make a further application to the Home Office with new and better evidence that establishes that you are a genuine entrepreneur.However, the further applications do get more challenging than the previous applications as the ECO has doubted the genuineness. Therefore in order to disprove that doubt, correct evidence and accurate information should be chosen carefully and wisely before embarking on a new application.For example: If you applied at too early a stage in your business or the evidence provided for such business was too less for the ECO to decide, then this is something which can relatively be easily tackled. Whereas if the ECO has found that the business plan isn’t viable in the UK, then you may need to consider what would strengthen your case for the ECO to believe you. A fresh application should only be made if and when previous concerns can be addressed.
It is always safe to take timely action since the Immigration rules have a timeline drawn for each application. It is thus advisable to take relevant help from Immigration professionals.
The SmartMove2UK is a niche immigration law firm with its attorneys specializing in UK immigration. It is always the best bet to approach professionals for help in order to avoid an application refusal in the first attempt itself. However, should your application be refused, do not hesitate to contact our associates to help you make the relevant changes in your application and take the course of action best suited to your case.
We have offices in Chandigarh, Bangalore, Mumbai, and Delhi.
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