Immigration Others

A Practical Guide to Immigration Law and Tier 1 Entrepreneur Applications

By Sarah Pinder
Law Brief Publishing August 2018

Specifications

ISBN-13
9781911035848
Publisher
Law Brief Publishing
Publication
August 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A practical guide to immigration law and Tier 1 Entrepreneur applications within the Points-Based System.

The Immigration Rules for Tier 1 Entrepreneur applicants have become a real minefield to work through. From numerous changes to incredibly precise and complex substantive and evidential requirements, preparing successful applications and challenging refusals can often be very difficult.

This guide will help practitioners to navigate through the relevant rules and the Home Office guidance. It will also include an analysis of the ‘genuineness’ test, which is applied at all levels of Tier 1 Entrepreneur applications as well as an overview of how practitioners may be able to make use of the ‘evidential flexibility’ provisions when seeking to challenge refusals by the Home Office. Where relevant, the guide will cross-refer to applicable case-law and will also feature short case-studies as examples.

Table of Contents

1. Why Apply for Tier 1 (Entrepreneur) Leave and What Does This Route Offer?
2. Common Criteria and Key Concepts for any Tier 1 Entrepreneur Application
General grounds of refusal
Common criteria for any applications
Key Concepts
3. How to Qualify for Tier 1 (Entrepreneur) Leave in the Immigration Rules
For initial leave
Entrepreneurial teams
For the extension of leave
For indefinite leave to remain
4. The Genuineness Test
The Immigration Rules and how the Home Office assesses an applicant’s genuineness
Using the Home Office guidance in the preparation stages of an application
Practical tips and the use of case-law
5. How to Challenge a Refusal to Grant a Tier 1 (Entrepreneur) Application
The mechanics of a challenge post-Immigration Act 2014
The use of the ‘evidential flexibility’ policy and Immigration Rules and other heads of challenge
HKD 559.86

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