Post
by schahzeb » Fri Apr 07, 2017 8:40 am
If the below may assist.
Genuine entrepreneur test:
interviewing
This page tells you about interviewing when assessing an application as part of the
genuine entrepreneur test.
An applicant can be asked to attend an interview at any stage during the application
process, including the day the application is submitted.
If you invite the applicant for interview, you must follow the standard procedure
already in place.
If the applicant fails to attend a scheduled interview without a reasonable
explanation, you must refuse the application under paragraph 320(7D) of the
Immigration Rules for entry clearance applications or paragraph 322(10) of the
Immigration Rules for leave to remain applications. An example of a reasonable
explanation for non-attendance is an emergency which could not have been avoided.
English language
Applicants must have English language ability to B1 level. However, this level is not
high enough to assume they are fluent in English. You must provide an interpreter, if
the applicant wants or needs one.
___________________________________________________________________
Official – Sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official – Sensitive: end of section
___________________________________________________________________
Interview questions
Applicants who are interviewed on the day they submit their application will be asked
questions in relation to the application and the information contained in it. This
interview will then form part of the consideration process and could lead to refusal if
the decision maker is not satisfied that the applicant is a genuine entrepreneur.
When applicants are invited to interview post application submission, interview
questions should take account of specific concerns identified in each case and the
Page 34 of 141 Published for Home Office staff on 06 April 2017
appropriate genuineness criteria, depending on whether the applicant has applied for
entry clearance, leave to remain or indefinite leave to remain.
Before interview, you should review the documents and do basic background checks
before referring the application to the interview process. If an interview is necessary,
the following list contains suggestions of evidence to request that could assist in your
assessment. You must assess each application individually to consider the types of
evidence needed. The following list of required evidence is not exhaustive and may
not apply to every application:
a curriculum vitae (CV) to assess the applicant’s previous experience in the
field and in business
a business plan and any market research to assess how much consideration
the applicant has put into starting their business: this information can be
purchased as a package, so plans that appear general may provide an
indication of how genuine the applicant is
evidence of appropriate accreditation, registration or insurance for the relevant
business section (if the business is established)
financial information overseen by a bank - for example, a small business loan
hierarchy charts of larger businesses
evidence of advertising
contracts showing trading, if the business is established
tax documentation (for example, returns or evidence of registration with HMRC)
but only if the business is actually trading: non-trading businesses may still be
registered (but you must note that applicants switching from Tier 1 (Post-study
work) will not score points for working in a skilled occupation if their business is
not trading)
affidavit from any mentors: for example, if the applicant is being mentored by a
member of the British Business Angels Association
evidence of previous businesses owned by the applicant
details of trading premises, and permissions if the business is trading in the
applicant’s home
evidence of investment
evidence of job creation
If you have reasonable doubts based on the evidence provided, you can verify the
evidence submitted, if appropriate. If you cannot satisfactorily verify this evidence,
you must discount it. For applications from entrepreneurial teams, information on the
formation of the team could aid your assessment, such as information on how they
met and why they decided to form a team.
Following the interview, you must consider all the available evidence and assess, on
the balance of probabilities, whether the applicant is a genuine entrepreneur.
If you consider the migrant to be genuine, you should grant them entry clearance or
leave to remain, providing:
they meet all the requirements of paragraphs 245DB to 245DC or paragraphs
245DD or 245DF of the Immigration Rules
Page 35 of 141 Published for Home Office staff on 06 April 2017
none of the general grounds for refusal in paragraphs 320 to 322 of the
Immigration Rules apply
At this stage, if you do not consider the migrant to be genuine, you should refuse
them entry clearance or leave to remain under the genuine entrepreneur test and
any other grounds for refusal which apply.
