GENUINE ENTREPRENEUR

Whilst Tier 1 Entrepreneur applications have for the past couple of years been subjected to the Genuine Entrepreneur test the Home Office are increasingly applying the test to challenge this type of application and in particular initial entry clearance applications.

The test is applied for extension, switching categories and Indefinite Leave to Remain applications and is conducted if the Home Office has doubts over the credibility of an application.

The test can be carried out in the following ways:

• Where no further evidence is required from the applicant, the Home Office can undertake a paper genuine entrepreneur test on the evidence provided with the application.
• If further information is required to make the paper consideration, the applicant is allowed 28 days to provide further evidence from the date of the request.
• If the credibility still cannot be determined on the balance of probabilities, then the Home Office will invite the applicant to an interview either in person, telephone or videoconference. Failure to attend the interview without a reasonable explanation can lead to a reason for refusal of the application.

The Home Office needs to be satisfied that the applicant genuinely intends and is able to establish or take over or become a director of one or more business in the UK.

The applicant needs to show that they intend to continue to operate that business or businesses.

The Home Office will take into account:

• The viability and credibility of the source of the money made available to the applicant to invest in a business/businesses in the UK.
• The viability and credibility of the applicant’s business plan and market research into their chosen sector.
• The applicant’s previous educational, business experience and immigration history.

Applicants who do not satisfy the test will have their extension applications refused.