Sole Representative switching to Tier 2 General

Case Study 1

Our immigration team was initially instructed to provide document checking service in relation to an extension application under the Sole Representative visa route. Having conducted a thorough review of the application bundle, it was ascertained that the client was not eligible to apply for an extension for the reason that one of the immigration requirements would not be met. Our ultimate goal was not just only to avoid the refusal, but also to not lose the time spent under the Sole Representative visa towards an ILR. Therefore, our advice was to switch to the Tier 2 General visa category. Our client was able to find a job with an A-rated licensed sponsor within a matter of days. Thankfully, our client was identified as an ideal candidate to fill the position on offer, whereby the company was able to assign an unrestricted COS certificate. Our client’s Tier 2 General application was submitted to the UKVI using Priority Service on the last day of the validity of our client’s visa. We received an approval from the Home Office 14 days later.

From UK Immigration Rules to EEA Regulations 2016

Case Study 2

Our immigration team was instructed to provide full representation service in relation to a Tier 1 Investor extension application. Having reviewed quarterly portfolio reports, we discovered that the balance on our client’s portfolio has dropped lower than the minimum threshold for at least two consecutive quarters at some point within the initial period of leave. With only weeks to go before the visa was due to expire, we decided to switch to European Regulations 2016. Our advice was based on the fact that our client was also a direct family member of an EU National who was exercising Treaty Rights in the UK. Our client’s Residence Card application was eventually approved within 2 months from the submission date.

Spouse visa: variation of leave application

Case Study 3

Our immigration team was approached by a client, who was due to apply for indefinite leave to remain/settlement in the UK as a spouse of a person present and settled in the UK. Having reviewed the client’s case and documents in details, it appeared that the client was not able to qualify for settlement under the 5 years’ spouse route since the financial requirement could not be have been met. On a positive note, we were able to establish that the financial requirement could have been met, but only 3 months after the expiry date of the client’s visa. It was decided to submit further leave to remain application before expiry of the client’s visa by relying on exceptional circumstances. Luckily, the Home Office have not made a decision on our client’s further leave to remain application by the time when the client was eligible to apply for indefinite leave to remain. As a result, a variation of leave application was submitted to vary the client’s leave from further to indefinite leave to remain. Our client’s settlement application was approved by the Home Office 2 hours following the biometric enrolment.

Tier 1 (Entrepreneur) - successful Administrative Review

Case Study 4

The Home Office refusals of Tier 1 (Entrepreneur) visa applications have been widely discussed in recent years by different media. The Home Office had a tendency to refuse any prospective entrepreneurs, who, in their view, do not come across as genuine, in particular, following an in-person interview with an Entry Clearance Officer. One of our clients was not an exemption. Our Immigration Team was approached by an individual, whose Tier 1 (Entrepreneur) application was refused for the same reason. Following a thorough review of the client’s business plan, our advice was to pursue an Administrative Review, as the client’s business plan and business idea was, in fact, genuine and credible. Having argued every single point in the refusal letter, and following 3 months of waiting and liaising with the Decision Making team of the Home Office, the decision to refuse our client’s Tier 1 (Entrepreneur) visa application was overturned.