24/09/2020 | Success Stories | Aejaz Mussa
Summary of Case
This case concerned an applicant and who last remained in the UK as a Tier 1 Entrepreneur with five dependant family members. The applicant had set up a genuine restaurant business in the UK and invested more than £200,000.00 in her business. When the applicant applied for an extension on her leave to remain as a Tier 1 Entrepreneur, her application was refused on the basis that Home Office was not satisfied that she had created at least two full-time jobs for settled workers that have existed for at least 12 months and that she had met the maintenance requirement. The applicant applied for administrative review which was partly successful although the Home Office maintained the refusal on the Creation of Jobs criteria. We successfully argued before the Upper Tribunal that the Applicant should be granted permission to bring a Judicial Review claim on the basis that the Home Office adopted a far stricter approach to the Creation of Jobs Criteria than was intended by the Immigration Rules.
How this case may apply to you
The decision in this case applies to all Tier 1 Entrepreneur Extension applications that have been refused on the Creation of Jobs Criteria. It can be often be very complex and difficult to explain how the Creation of Jobs Criteria is satisfied when an applicant has employed a combination of full-time and part-time employees in the business and the Home Office rarely overturn their refusal decisions at the administrative review stage. In such cases, the applicant would have to consider Judicial Review as the only option to challenge the decision. Judicial Review is a very complex process and should not be pursued without an immigration lawyer assessing the merits of the claim.
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