If your Tier 1 Entrepreneur Visa application has been refused, you’re not alone. Many applications face rejection, often due to failing the Genuine Entrepreneur Test. However, mistakes can happen during the review process, especially with the high pressure placed on caseworkers. If your application has been wrongly refused, you may be able to challenge the decision through an Administrative Review.
Why Tier 1 Entrepreneur Visa Applications Get Refused
Tier 1 Entrepreneur Visa applications can be rejected for various reasons, but a common issue is failing the Genuine Entrepreneur Test. This test checks whether your business plan is viable and if you have the necessary skills and funding to run your business in the UK.
In addition to this, administrative errors can also lead to refusals. For example, simple mistakes like missing signatures or incorrect documents can result in a visa refusal, even if you meet all the requirements.
One notable case is that of Alexander Shaf, a Russian entrepreneur who had lived in the UK for 10 years. In 2017, his visa application was denied due to a missing signature on his form while he was in Russia caring for his terminally ill father. Despite explaining the situation, the Home Office refused to believe him, applying a strict and error-prone approach to his case.
What is an Administrative Review?
An Administrative Review is a process that allows you to challenge a visa refusal if you believe an error was made in reviewing your application. This can be done either from inside the UK or from abroad, depending on your situation.
If your Tier 1 Entrepreneur Visa is refused, the Home Office will send you a notice explaining why your application was rejected. The notice will also provide information on how to apply for an Administrative Review and the deadlines for submitting your request.
- If you’re outside the UK, you have 28 days to submit your review.
- If you’re in the UK, you must submit your review within 14 days.
It is crucial to follow the deadlines strictly unless you have a very valid reason for missing them, as no extensions are usually granted.
How to Apply for an Administrative Review
When applying for an Administrative Review, you will need to:
- State why your visa was refused (this will be listed in the decision letter you received from the Home Office).
- Explain the error you believe was made in the decision-making process.
- Submit your completed form through the method specified in your refusal letter (email, post, or in person).
The Administrative Review process is often the quickest and most affordable way to challenge a visa refusal. In many cases, a decision is made within 28 days.
What Happens If Your Administrative Review is Denied?
If your Administrative Review is unsuccessful, there are other options to consider:
- Submit a fresh application: If there is new evidence or changes to your situation, you can apply again.
- Make an appeal: In some cases, you may be able to appeal the decision based on human rights grounds.
- Apply for Judicial Review: This is a legal process where a court reviews the decision of the Home Office. However, you can only apply for Judicial Review after exhausting other legal options.
In any of these situations, it is important to have an experienced immigration lawyer to guide you through the process. A lawyer who is familiar with the appeals and Judicial Review processes can help improve your chances of success.
Why Choose Law and Visas?
If your Tier 1 Entrepreneur Visa has been refused, Law and Visas can help you:
- Review the refusal to determine if a mistake was made.
- Guide you through the Administrative Review process.
- Assist with submitting fresh applications or exploring other options like appeals or Judicial Review.
Our team of expert immigration lawyers will provide you with the support you need, every step of the way.
If your Tier 1 Entrepreneur Visa application is refused, an Administrative Review may be the best way to challenge the decision, especially if you believe an error was made. At Law and Visas, we have the expertise to help you navigate this process and ensure that your case is handled correctly. Contact us today to discuss your options and improve your chances of a successful outcome.
