Tier 1 (Entrepreneur) case law update

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Like London buses, two cases on the Tier 1 (Entrepreneur) visa have arrived in the past week.

Given the expense and time involved in judicial review proceedings (the only way to independently challenge a refusal following the removal of statutory rights of appeal against entrepreneur refusals), it is perhaps unsurprising that so few Tier 1 (Entrepreneur) cases see the inside of a courtroom.

The 'genuine entrepreneur' test and entrepreneur interviews

The first case is from the Upper Tribunal, with outgoing President McCloskey J giving the decision-maker in the case a few pointers on how to conduct entrepreneur interviews. He also clarifies the law on whether an entrepreneur can use some of his investment money to purchase a business from a previous owner. Edgewater Legal's Nick Nason provides a more in-depth analysis in this case law update on Free Movement.

Requirement to create employment in extension period

The second case is from the Scottish version of the High Court and has garnered a lot of attention north of the border.

Two American entrepreneurs mis-read (or read differently from the Home Office view of) the provisions relating to the requirement to create or maintain employment for the extension period of the Tier 1 (Entrepreneur) visa, rather than just the initial 3 year period, when it came to making a settlement application.

Again, detailed analysis of this case has been provided by Nick on Free Movement, and he was interviewed about it in the i Newspaper.  The case was even raised by Scottish representatives in Prime Minister's Questions, which you can see below:

Tier 1 (Entrepreneurs): you do the ideas, we'll do the law from Edgewater Legal on Vimeo.

We shall see if it does any good.

If you need assistance with your Tier 1 (Entrepreneur) application you can call us on 0208 068 6968 for a no-obligation discussion of your eligibility and business needs.

Main image credit: Photo by Steffi from Pixabay