Have you been handed a Tier 1 Entrepreneur denial verdict? If your plea for extending your stay or settling in the UK under the Tier 1 Entrepreneur category has been rejected, our Tier 1 Entrepreneur denial specialists at Highwood Solicitors can guide you on whether to file a new application or contest the denial through Administrative Review or Judicial Review.

Reasons Behind Tier 1 Entrepreneur Denials
Applications for Tier 1 Entrepreneur extensions and Indefinite Leave to Remain (ILR) can be denied for numerous reasons. The Home Office often cites the following as common grounds:

• Inadequate specified evidence of the invested funds.
• Inadequate specified documentation confirming job creation.
• Inadequate specified proofs to fulfil the maintenance criteria.
• Inability to pass the genuine entrepreneur assessment.

Although seeking initial guidance from an immigration solicitor can prevent a Tier 1 Entrepreneur denial, consulting one after a rejection can also result in overturning the negative verdict.

Can I Contest My Tier 1 Entrepreneur Extension or ILR Denial?
Unfortunately, there isn’t a direct appeal route to the First-tier Tribunal (Immigration and Asylum Chamber) against a denial for Tier 1 Entrepreneur leave to remain or ILR. Nevertheless, you might qualify to request the Home Office to reconsider its decision through an Administrative Review. If unsuccessful, you can then apply for a Judicial Review. Moreover, there’s an option to submit a fresh application. Consulting an immigration solicitor can provide clarity.

To converse about your Tier 1 Entrepreneur denial, reach out to our immigration solicitors at Highwood Solicitors on +44 (0) 1206523714 or utilise our inquiry form.

Understanding Administrative Review for Tier 1 Entrepreneur Denials
Administrative Review is an internal process of the Home Office where a caseworker evaluates the denial for errors. This includes not adhering to the Immigration Rules or neglecting the published policies regarding the Tier 1 Entrepreneur plea.

Normally, the Home Office reviews only evidence presented to the original adjudicator, with exceptions being rare.

Timelines are crucial. In-country Administrative Review applications should be submitted within 14 days of receiving the denial (or within 7 days if detained). If applying from abroad, it’s 28 days. Engaging an immigration solicitor ensures a well-timed and accurate Tier 1 Entrepreneur Administrative Review plea.

Judicial Review for Tier 1 Entrepreneur Denials: An Overview
Contrary to Administrative Review which typically addresses overall errors, Judicial Review scrutinises a denial on legality, rationality, and procedure fairness. The Judge primarily verifies the procedural accuracy of the denial, rather than its factual validity.

To initiate a Judicial Review against a Home Office decision, one must promptly apply, definitely within three months of the challenged decision date.

Judicial Review for a Tier 1 Entrepreneur denial is the last step after exhausting other remedies. It can be intricate and time-consuming.

Debating a Denial Based on Authenticity

• Tier 1 (Entrepreneur): Essential Documents and Absent Records
• Success Narratives of UK Entrepreneur Visas
• Is a New Application for a Tier 1 Entrepreneur Possible?

Despite the closure of the Tier 1 Entrepreneur category to most fresh applicants, those with a valid Tier 1 Entrepreneur status or those who had it within the past year can apply again.

Deadline for further leave applications is 6 April 2023, and for indefinite leave, it’s 6 April 2025. You can apply from within the UK or overseas for an extension.

How Highwood Solicitors Can Aid in Tier 1 Entrepreneur Denials
If you’ve received a Tier 1 Entrepreneur denial, our solicitors can offer insights on reapplication or challenging the decision.

Should the decision-making not adhere to Immigration Rules or Home Office guidelines, our team can initiate Administrative Review proceedings.

For decisions perceived as unlawful, unreasonable, or improperly processed, our solicitors at Highwood Solicitors can pursue Judicial Review and offer representation during the process.