Enterprenuer Visa & Long Residency

[Imran14]

Hi Guys

I have been recently going through forums ahd have come across people who have been in UK for last 7-8 years and getting rejections on the basis of Immigration history, Though they dont mention the reason but they come out with reasons for refusals as 'We dont think that You are Genuine Enterprenuer and you will not invest 50k'.

A friend of mine is a recent victim, after his interview where everything was genuine along with his intentions.

I dont know how far this could be true .... Any Victims or Opinions

[entrepreneur123]

I personally dont think its a main rejection reason. some applicants got their visa on this forum who were in UK for 8 to 9 years. Even if you get rejected you can prove that in appeal that you met all requirments

Hi Guys

I have been recently going through forums ahd have come across people who have been in UK for last 7-8 years and getting rejections on the basis of Immigration history, Though they dont mention the reason but they come out with reasons for refusals as 'We dont think that You are Genuine Enterprenuer and you will not invest 50k'.

A friend of mine is a recent victim, after his interview where everything was genuine along with his intentions.

I dont know how far this could be true .... Any Victims or Opinions

[RizKCB]

It depends on case worker how he/she consider the case. In case of 7+ years in UK, the refusal is on following logic:

The first assessment period of Entrepreneur visa is at least after 3 years which shows your business performance/progress along with at least 2 jobs for settled persons. But before that assessment time your 10 years in UK comes to end and you apply for ILR on long residency base. So there would not be any logical way for HO to assess you under Entrepreneur visa. On this probability some Case Workers conclude that applicant's intention is to complete 10 years rather than to effectively establish the business.

Though it is presentable in court but critical for someone who has already spent 7+ years of life in UK.

In my opinion if somebody has any other opportunity to complete 10 years then go for that rather than to putting herself at risk after 7+ years.

[penny1012]

This is so unfair. If an applicant meets all the requirements, they should be allowed to stay,note that the reason for introducing the Points Based System in 2008 was to remove ‘subjectivity’ from applications. The policy makers are insane, they are making things difficult for non EU migrants. I personally think that they have a hidden agenda to reduce migrant numbers and we are the victims. My solicitors said the same to me when my visa was refused on 22nd March 2013, as I have been here for 9 years. Let's see what the judges at the tribunal have to say.

[sad.1]

This is so unfair. If an applicant meets all the requirements, they should be allowed to stay,note that the reason for introducing the Points Based System in 2008 was to remove ‘subjectivity’ from applications. The policy makers are insane, they are making things difficult for non EU migrants. I personally think that they have a hidden agenda to reduce migrant numbers and we are the victims. My solicitors said the same to me when my visa was refused on 22nd March 2013, as I have been here for 9 years. Let's see what the judges at the tribunal have to say.

dear penny my visa got refused too but i am going to appeal did u already appeal have u got any hearing date yet?

[penny1012]

Hi @ sad.1, I appealed on 28th March, paid tribunal fees on 19th April, still waiting for hearing date.

[maxwake]

well that is very sad to hear as i only need six months to complete my ten years and i was thinking to apply through this route dont know what to do now after hearing that....

please advise what other options do i have?

Regards
Max

[Nzekells]

There is nothing that stops a person from hitting Long Residency through T1E. The law is there. Do what you are supposed to do and there is no way they'd fault you. The HO knows some ppl are in a good position to apply thru LR. But they can't do anything about it, that's even if they want to.

[Mr Legal]

It depends on case worker how he/she consider the case. In case of 7+ years in UK, the refusal is on following logic:

The first assessment period of Entrepreneur visa is at least after 3 years which shows your business performance/progress along with at least 2 jobs for settled persons. But before that assessment time your 10 years in UK comes to end and you apply for ILR on long residency base. So there would not be any logical way for HO to assess you under Entrepreneur visa. On this probability some Case Workers conclude that applicant's intention is to complete 10 years rather than to effectively establish the business.

Though it is presentable in court but critical for someone who has already spent 7+ years of life in UK.

In my opinion if somebody has any other opportunity to complete 10 years then go for that rather than to putting herself at risk after 7+ years.

agreed because true intention for the proposed leave to remain is must to be proved and difficult for 7+ to prove that they are genuinely seeking leave to remain to carry out the planned business and to keep it up in the future rather than to complete the 10 years.However,arguable in courts.

[Nzekells]

The need to decipher 'True intention' has always been the fundamental of any immigration vetting process. But under the point-based system, true intention cannot just be understood on the balance of probabilities. The PBS is built on a system of point accumulation. Once achieved, one is allowed in. That is also why once one misses a point, discretion is rarely used. One is refused immediately.
T1E is point based. Just as one wouldn't be refused a Tier 4 visa just because he has a relative living in the UK (for fear he wouldn't return after studies), an accumulation of 7+ yrs in the UK does not prepare one for T1E refusal. While a nasty case worker might want to subject such application to extra scrutiny (just as is done to many other applications), there is no place in immigration law to justify and as such, legalise such.
Care should be taken against subjecting forum members to unnecessary and ill-informed panic. Maxwake and any other lucky person should thankfully proceed and apply. Take advantage of the opportunity. Just ensure you garner every required point. Bless thee.

[Mr Legal]

[quote="Nzekells"]The need to decipher 'True intention' ........

I appreciate your encouragement. Legally, there is nothing to prevent someone from making an appeal or further application and it is indeed an unwise to suggest contrary. However, where there is an immigration law in place, there the UKBA has been in practice to apply their minds first. More than dozen of cases the Immigration Tribunal has set aside the decision of removal direction under section 47 as unlawful, but still ukba is in practice. And I have suggested in my earlier post that ,"however, arguable in courts" where an applicant is required to prove his claimed points not the true intention,but the true intention itself is built on the requirements having been met.

[sheraz7]

Hi Guys

I have been recently going through forums ahd have come across people who have been in UK for last 7-8 years and getting rejections on the basis of Immigration history, Though they dont mention the reason but they come out with reasons for refusals as 'We dont think that You are Genuine Enterprenuer and you will not invest 50k'.

A friend of mine is a recent victim, after his interview where everything was genuine along with his intentions.

I dont know how far this could be true .... Any Victims or Opinions

As long as the application fulfill criteria and requirements it should be fine.

[maxwake]

thanks Guys for all your help cheers

[Imran14]

It has hit me again to think that Long residency and visa application eventually has an impact looking at Rehan's case. Iam woried because iam in the same boat and i think i have to try go other way around ........

[Darvesh]

it will be pretty immature to link T1E visa with long residency because there are many ppl(i knew them) who are in this country for more than 8y and successfully T1E visa.

if ur application satisfy case work then why he will refuse ur visa?

[Legal83]

its not true at all,,, if you case is strong and genuine, you will get it.

[maxwake]

I am going to apply T1E let see what happends

[rehan01]

I think it got nothing to do with long residency ....... But again it's upto individual case worker how they look into it and decide accordingly ...... As my refusal was entirely case worker discretion not a single point is related to documents ..... Submitted appeal today so let c what happen

Regards

[aziz1053]

Hi Guys

I have been recently going through forums ahd have come across people who have been in UK for last 7-8 years and getting rejections on the basis of Immigration history, Though they dont mention the reason but they come out with reasons for refusals as 'We dont think that You are Genuine Enterprenuer and you will not invest 50k'.

A friend of mine is a recent victim, after his interview where everything was genuine along with his intentions.

I dont know how far this could be true .... Any Victims or Opinions

PLease write down 1 letter to Ukba why you think Like that ? & in appeaL you can ask them & teLL them what's the proof that money wiLL not be invested ?