Tier 1 Entrepreneur Visa Refusal Reasons

Applications for a Tier 1 Entrepreneur visa extension or Indefinite Leave to Remain (ILR) can be refused for multiple reasons. The Home Office frequently rejects Tier 1 Entrepreneur applications due to the following:

• Failure to present the required investment evidence.

• Inability to provide proof of job creation as per the visa requirements.

• Lack of adequate documentation to meet the maintenance criteria.

• Failure to pass the ‘genuine entrepreneur’ assessment.

Proactive guidance from a skilled immigration lawyer can significantly reduce the chances of refusal. Even after a refusal, expert legal representation can often overturn the Home Office’s decision through appropriate legal channels.

Challenging a Tier 1 Entrepreneur Refusal

There is no automatic right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against a refusal of a Tier 1 Entrepreneur visa extension or ILR. However, applicants may still have options, such as:

• Administrative Review – Requesting the Home Office to review the refusal for potential caseworking errors.

• Judicial Review – Challenging the lawfulness or fairness of the decision in court.

• Fresh Applications – Submitting a new application for a Tier 1 Entrepreneur extension or ILR, if still eligible.

Seeking specialist immigration advice is essential for determining the most effective strategy after a refusal.

Administrative Review for Tier 1 Entrepreneur Refusals

Administrative Review is a formal process where the Home Office internally reconsiders the refusal decision to identify caseworking mistakes, such as:

• Incorrect application of Immigration Rules.

• Failure to follow the Home Office’s own policies or published guidance.

Key deadlines apply:

• In-country Administrative Review – Must be filed within 14 days of receiving the refusal (7 days if detained).

• Out-of-country Administrative Review – Must be submitted within 28 days of refusal.

Professional legal representation ensures that the strongest arguments are presented within the strict deadlines for Administrative Review.

Judicial Review of Tier 1 Entrepreneur Refusals

If Administrative Review is unsuccessful, Judicial Review may be the next option. Unlike Administrative Review, Judicial Review does not reassess the merits of the decision but examines whether it was made lawfully, rationally, and fairly.

Important points to note:

• A claim must be filed promptly, and no later than 3 months from the date of the refusal.

• Judicial Review can only be pursued once all other avenues, such as Administrative Review, are exhausted.

• This is often a complex and lengthy process requiring expert legal representation.

Fresh Tier 1 Entrepreneur Applications

Although the Tier 1 Entrepreneur route is now closed to new applicants, individuals with existing Tier 1 Entrepreneur leave or who held it within the last 12 months may still apply for:

• Visa extensions – Until 6 April 2023.

• Indefinite Leave to Remain (ILR) – Until 6 April 2025.

Applications can be made from within the UK or, for extensions, via entry clearance from overseas.

How Link And Day Lawyers Can Support You

When your application for leave to remain or settlement as a Tier 1 Entrepreneur faces refusal, Link And Day Lawyers  a specialist immigration service provider  can offer expert guidance on whether to submit a new application or legally challenge the refusal.

If the Home Office has misapplied Immigration Rules or failed to follow its own policies, our skilled immigration team can initiate Administrative Review proceedings to contest the decision effectively.

In cases where the refusal is deemed unlawful, irrational, or procedurally flawed, our immigration specialists can pursue Judicial Review, ensuring robust legal representation throughout the Judicial Review process and hearings.