Understanding The Test of Genuineness For Tier 1 (Entrepreneur) Visa: the UKBA’s ‘Genuine Entrepreneur Test’

Entrepreneurs are used to taking risks and in applying for a Tier 1 (Entrepreneur) visa, they will certainly be taking one. Following a change to the Immigration Rules, if you are an individual seeking to enter or remain in the UK under the Tier 1 Entrepreneur category, the UKVI must be satisfied that you genuinely intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months.

The ‘Genuine Entrepreneur Test’ is in place to ensure that those applying for this particular category are genuine investors who have genuine business interests in the UK and intend to make genuine investments, be it £50,000 or £200,000. The new rules ensures that there is a greater scrutiny being applied to Tier 1 Entrepreneur visa applications so that the Home Office can efficiently work in guarding against fraudulent use of the route as a means of entering the UK with absolutely no intention of setting up a business upon arrival.

The refusal rate for both the entry clearance holders of entrepreneur visas and granted in-country extensions of leave, applications has consistently increased therefore it is vital to seek professional legal advice to ensure you receive a successful result.

In order to ascertain the genuineness of the entrepreneurs the Entry clearance officers (ECO) may ask the applicants to appear for an interview in person therefore a relatively high language competence is required due to the interview requirement. The applicant has to be carefully prepared in terms of making themselves deeply familiar with the nature and specifics of their business operation. More specifically, regardless of the profitability and legitimacy of a particular business applicants for Tier 1 investment must be able to present themselves and their business in a way that satisfies the Home Office’s view of how a business should operate.

In assessing whether you are a genuine entrepreneur, the UKVI may take into consideration the following:–

• the evidence that you have submitted;
• the viability and credibility of the source of money;
• the viability and credibility of your business plans and market research into your chosen business sector;
• your previous academic and business experience; and
• Your immigration history and previous activity in the UK.
• Genuine Entrepreneurs: Previous Education & Experience.

Also to establish your genuineness for the purposes of the visa, the UKVI will require a comprehensive CV which sets out any relevant academic or vocational qualifications as well as any work experience which is relevant to your chosen business sector. It is also important to show that you have previous experience of setting up or running a business as you will be expected to show that you can do the same in the UK in order to pass the test.

The genuine entrepreneur test has caused a lot of distress even to genuine entrepreneurs as to how much and the kind of information they need to provide to demonstrate their credibility as a genuine investor.

At The Smart Move 2 UK our UK Immigration experts work with entrepreneurs and entrepreneurial teams to advise them on the feasibility of applying for a Tier 1 Entrepreneur visa to the UK. You can contact our experts UK Tier 1(Entrepreneur) Visa Consultant on +91 9819127002 or email us at info@smartmove2uk.com if you are seeking legal help from UK visa consultants in relation to UK Tier 1 (Entrepreneur) Visa.

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