Tier 1 Entrepreneur & Investor Visa
Our lawyer Matthew Williams began his career in the area of corporate immigration law in London, he has extensive experience with Tier 1 applications and frequently takes on Tier 1 matters as a consultant-lawyer with other law firms where they draw on his experience and expertise in this complex area of law.
If you're planning to join the community of UK entrepreneurs and launch a start-up business or invest in a business, here are some objective facts and figures for considerations.
The refusal rates for the Tier 1 Entrepreneur applications for the period 2017 almost half of applications were refused (47.33%), while 591 extensions to stay in the UK were granted to Main Applicants with a refusal rate of 36.86%. Since its introduction in January 2013, the ‘genuine entrepreneur’ test has without doubt added to the surge in Tier 1 entrepreneur refusals.
The Home Office Visa & Immigration Service Level Agreement (SLA) to make a decision on receipt of the application is noted as eight weeks, a recent Freedom of Information Request stated two thirds of applications go beyond eight weeks.
The process for making an application under the PBS Tier 1 category can be extremely challenging to an applicant not familiar with the UK immigration legislation and Home Office processes.
Link-Laws; as trusted advisors, have the experience and expertise to navigate through the application and extension process. The nature of these applications is complex due to the sheer volume of documentary evidence required to support an application. The documentary evidence must also be submitted in a specific format and requires a high level of experience to ensure the success of an application.
Our aim is to make the process of transferring, establishing or joining a business in the UK as painless as possible
How to appeal a Tier 1 refusal
Importantly, there is no statutory right of appeal against a Tier 1 refusal.
Your refusal letter will detail the next steps open to you for appeal. Generally, this will requires you to apply for an administrative review. If this fails and you want to challenge further, you must apply for permission to pursue judicial review via the Upper Tribunal.
Commercial Immigration Services
The Immigration Rules are some of the most important pieces of legislation that make up the UK’s immigration law. They are updated on a regular basis, making immigration law an ever changing legal landscape. The rules are divided into different documents, guidance and appendages, which further leads to complexity in navigating the vast legal landscape.
Our Commercial immigration services include
- Advising on contentious matters (Statutory Penalty Notices)
- Applying for or renewing PBS licences
- In-house training
- Development on right to work compliance
- Advice and guidance on Home Office audits
- Advice on Resident Labour Market Test
- Advice on Shortage Occupation List
- Mock Home Office Audits
A ‘mock Home Office audit’ follows closely the actual premises audit conducted by the Home Office which an employer can expect after applying for a sponsor licence. During the mock audit, the immigration lawyer will interviewed the Manager and asked then a series of 30 questions and explain the reasoning behind the questions (similar to the questions likely to be asked by the Home Office). Once this process is achieved, the lawyer will requested a number of personal files to inspect and check to see all the relevant information was being kept correctly on the files. At the end of the audit, the lawyer will provided interim feed-back on their findings.