An incomplete set of specified documents can lead to visa refusal when applying for Tier 1 Entrepreneur category

The Court of Appeal in the case Harpreet Singh v Secretary of State for the Home Department [2018] EWCA Civ 2861, supported the decision of the Home Office to refuse visa extension due to the lack of specified supporting documents. At the same time, the court rejected the arguments of the applicant, that evidential flexibility should apply and Home Office could request additional documents on a later stage. In accordance with the Immigration Rules, Tier 1 Entrepreneur applicant in order to extend his visa should create the equivalent of two new full-time jobs and they must exist for at least 12 months. The applicant did not provide payslips of new employees, referring to the accountant’s schedules, which contain the same information as payslips but in different format. Despite this, the court upheld the decision of the Home Office to refuse visa extension. This decision proves once again that the applicant or immigration lawyers who represent him/her must check and send a full set of supporting documents in accordance with the relevant section of the Immigration Rules to avoid refusals and ensure that the relevant documents are submitted.

Posted in English on Jan 18, 2019.