Entrepreneur-New Guidance-HO-Challenge-ILR-Accelerate Route

[helpingperson]

483 views so far and only 1 positive comment only from Cappiccino.

Surely if not all, majority of viewers have interest in this topic but why it is stopping them to comment and join, I would like to know.

[jafersadeq]

1. HO can change the rules and requirements anything they wish and you should comply with them. Most significant rules changes usually are introduced in such a way that it is generally fair to people already affected and that is why for example transitional arrangements exist

2. Tier 1E guide is not a legal document that can be challenged in the court of law. If your application is unfairly decided, you should be able to take the decision to JR court.

3. As I said it before, ILR is a privilege given by secretary of state and you do not have any right to be given one. You need to demonstrate that you deserve one, not that you must simply get one irrespective of your circumstances.

4. You probably forgot that when you signed your previous visa form, you already accepted that the changes could affect you in future. This is literally mentioned on the section 6 (visa declarations) on the form when you signed it:

I am aware that the rules and requirements for applications may change in the future and that I
should not assume the current rules and requirements will continue to apply.

5. I suspect that instead of making correct investment and hiring decisions that are right for your business, you simply made decisions to facilitate your ILR, probably in a low pay low skill sector with a lot of part time employees. I personally think that it is fair for HO to demand at least 12 full time jobs for accelerated ILR, given that the other condition of having £5m+ turnover is quite difficult to achieve.

Dear Zimba,

I did not find the item 4 in the initial application

Thanks

[Momi]

Sorry Zimba but it's a very poor post from you. Just imagine after completing your 5 years on entrepreneur visa, home office change the rules of ILR and say it's a privilege and you won't get it. What will be your feelings?
People who come in this country and claim false asylum, why ILR is not a privilege for them? Those people who paid for ESOL and get citizenship why it's not a privilege for them?
Only entrepreneurs falls under this so called privilege rule?

1. HO can change the rules and requirements anything they wish and you should comply with them. Most significant rules changes usually are introduced in such a way that it is generally fair to people already affected and that is why for example transitional arrangements exist

2. Tier 1E guide is not a legal document that can be challenged in the court of law. If your application is unfairly decided, you should be able to take the decision to JR court.

3. As I said it before, ILR is a privilege given by secretary of state and you do not have any right to be given one. You need to demonstrate that you deserve one, not that you must simply get one irrespective of your circumstances.

4. You probably forgot that when you signed your previous visa form, you already accepted that the changes could affect you in future. This is literally mentioned on the section 6 (visa declarations) on the form when you signed it:

I am aware that the rules and requirements for applications may change in the future and that I
should not assume the current rules and requirements will continue to apply.

5. I suspect that instead of making correct investment and hiring decisions that are right for your business, you simply made decisions to facilitate your ILR, probably in a low pay low skill sector with a lot of part time employees. I personally think that it is fair for HO to demand at least 12 full time jobs for accelerated ILR, given that the other condition of having £5m+ turnover is quite difficult to achieve.

[aron1234]

Everyone is aiming for ILR merely because it gives them stability and freedom to run the business and make it profitable. Under the current rules most of them including me spend more time worrying and studying home office rule book and guidelines than running the business because the money I invested is all I had in savings,

[confused90]

I completely concur with helpingperson, Momi and deepakjr123.

Coming back to the main point, does anyone know of any solicitor/barrister experienced with such cases?

[seasky]

I suggest that whoever leads this case to the court is clearly a high value migrant. Let me take it to the extreme example. Someone came in 3 years ago, immediately hired 9 people at very high salaries and they are all employed for 3 years. Suddenly she cannot apply for ILR and needs to extend. (keeping to the ongoing extreme her business is in some novel high tech with huge growth potential and she has £4.99m turnover prior to extension and in each of the years she had a 10th employee but their job was always only for 364 days).

I would imagine the court will be much more sympathetic than losers who did not take entrepreneurship seriously started a low value business and scraped together a whole bunch of part time min wagers.

Obviously the above is the best case scenario but the general point is the class action is led by serious entrepreneurs.

[Mrchaany]

Seasky

Don't called loser or whatever
U.K. Prime minister can also give answer to the public
In the field of finance, accounting and tax. We are here to use all the tactics to gain benefit.
And please don't put millions or high paid employee
I am an entrepreneur and would like to
Hire on minimum wages no one have objection

[seasky]

Seasky

Don't called loser or whatever
U.K. Prime minister can also give answer to the public
In the field of finance, accounting and tax. We are here to use all the tactics to gain benefit.
And please don't put millions or high paid employee
I am an entrepreneur and would like to
Hire on minimum wages no one have objection

I did not and would not call any -specific- person this forum a loser.

I made a very valid point above that whoever leads this class action should be high value. The point is to win the action, no?

What is your issue with me giving an example with high paid employee or millions? It was to help the class action..

Why do you think the HO keeps changing the rules on entrepreneurs? Adds genuine entrepreneur test? removes the flexibility of hiring? Why is there no positive discretion? it is because so many are abusing the spirit of the the route. And they hurt all of us. And yes they are losers.

(my opinion is every time a new min wage job is created it is negative economic value to the UK. No one can live on min wage and needs huge social support)

[helpingperson]

Dear All,

We need a volunteer who can propose a Barrister and advise costs?

We can then contact via PM or email, or phone and apportion those costs and crack on.

Consequences of not taking action now and costs later will be far too big.

We just need to get on the business as we have no time for any more discussions.

[helpingperson]

Seasky: I have already addressed your comments in finer details on other threads, did not see any response from you on those which showed sensible approach. Briefly, do something else, your comments are not needed.

Excluding Seasky:

All,

We need a volunteer to take it next level which is to find a barrister and confirm costs. Please advise?

[Casa]

Please can we keep this thread from becoming a squabble between members. If it appears to be achieving nothing worthwhile it will be locked.

[seasky]

My post here was very to the point. That there will be more sympathy if the top example brought to court is a very strong T1E. I myself was planning on accelerated route so of course I am interested in all this but now seems will have to wait it out while focus on growing my business.

Most solicitors will give a free initial consultation would suggest you visit a few. A lot will be learnt for free. Among the points to make is that we ask them to represent quite a few people and s/he could expect a lot of follow-on on work. hope that lowers the price.

[seasky]

Helpingperson. How many lawyers did you speak to? Do you have a preferred one (or a shortlist of 2-3?). Are you ready to offer the forum an option to participate in the appeal and share the costs?

[helpingperson]

The response I received on this forum was not positive, in fact no response apart from 2 guys on this thread.

Regarding solicitors shortlist and costs, I have already asked if anyone has time and can volunteer but no response on this either.

Seeasky,
You can take the lead if you wish to do so and let's see what you come up with.

[seasky]

Regarding solicitors shortlist and costs, I have already asked if anyone has time and can volunteer but no response on this either.

.

You really thought others will do the work for you? Did you think on an anonymous BB 50 people would jump up and commit money on an amorphic theoretical? On the flipside if you find a qualified lawyer discuss the case and get a quote then it is not a theoretical. It is a reality "Here is a great lawyer ready to go to battle for us. if we can raise among the forum £XX we will have our case taken to court together" that might elicit support.

[buntyz]

hi its a great idea to start pooling money in and hire a barrister.i know one very good firm of barristers who deals in mostly immigration matters.

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[confused90]

hi its a great idea to start pooling money in and hire a barrister.i know one very good firm of barristers who deals in mostly immigration matters.

Could you please PM me the details of the firm? I shall have a word with them regarding this.

Thanks.

[confused90]

Has anyone considered Richmond Chambers?

I have spoken to them, and waiting to hear back.

Their website, states this as a 'success' story;

We assisted our client, a national of Jordan, to apply for accelerated settlement as a Tier 1 (Entrepreneur) migrant. We were able to persuade the Home Office that he met the job creation requirement of 10 jobs by relying on a combination of employment of 20 different individuals. We were also successful in convincing the Home Office that our client satisfied the Genuine Entrepreneur test, as it applies at the settlement stage.

[seasky]

Has anyone considered Richmond Chambers?

I have spoken to them, and waiting to hear back.

Their website, states this as a 'success' story;

We assisted our client, a national of Jordan, to apply for accelerated settlement as a Tier 1 (Entrepreneur) migrant. We were able to persuade the Home Office that he met the job creation requirement of 10 jobs by relying on a combination of employment of 20 different individuals. We were also successful in convincing the Home Office that our client satisfied the Genuine Entrepreneur test, as it applies at the settlement stage.

I would benefit from this (though generally have given up and waiting for normal timing for ILR) and will wait for you to hear back.

But specifically need to see if this case mentioned above is from before the new guidance made it abundantly clear that it needs to be 10 specific jobs for a year each. if this hotshot lawyer did it before the guidance change it is meaningless.

lastly any case has to be a strong case if it is mxing and matching lots of min wagers not worth the time it won't work.

For this per

[Mrchaany]

[quote="confused90"]Has anyone considered Richmond Chambers?

I have spoken to them, and waiting to hear back.

Their website, states this as a 'success' story;

We assisted our client, a national of Jordan, to apply for accelerated settlement as a Tier 1 (Entrepreneur) migrant. We were able to persuade the Home Office that he met the job creation requirement of 10 jobs by relying on a combination of employment of 20 different individuals. We were also successful in convincing the Home Office that our client satisfied the Genuine Entrepreneur test, as it applies at the settlement stage.[/quote]

Dear Confused90,
yes you can also search here in the forum successful Accelerated settlement, but my question when it happened, UKVi policy and rules changing on day to day basis, so please confirmed that in immigration rules before pay huge amount to those Law firm.

[noajthan]

Dear Confused90,
yes you can also search here in the forum successful Accelerated settlement, but my question when it happened, UKVi policy and rules changing on day to day basis, so please confirmed that in immigration rules before pay huge amount to those Law firm.

There's no evidence (for example in announcements on Gov UK website or in republished guidance) to think that HO rules are changing "day by day".

This is a government department tied by due process and inertia; as such, not likely to be as agile and proactive as entrepreneurs.

[Mrchaany]

April 2016
And
October 2015 immigration rules about accelerate settlement contrast and there is no similarities regardless 10
Settle persons or 20 settle person requirements for Settlement.