‘A Practical Guide to Immigration Law and Tier 1 Entrepreneur Applications’ by Sarah Pinder
Published: August 2018
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A practical guide to immigration law and Tier 1 Entrepreneur applications within the Points-Based System.
The Immigration Rules for Tier 1 Entrepreneur applicants have become a real minefield to work through. From numerous changes to incredibly precise and complex substantive and evidential requirements, preparing successful applications and challenging refusals can often be very difficult.
This guide will help practitioners to navigate through the relevant rules and the Home Office guidance. It also includes an analysis of the ‘genuineness’ test, which is applied at all levels of Tier 1 Entrepreneur applications as well as an overview of how practitioners may be able to make use of the ‘evidential flexibility’ provisions when seeking to challenge refusals by the Home Office. Where relevant, the guide also cross-refers to applicable case-law and features short case-studies as examples.
ABOUT THE AUTHOR
Sarah Pinder is a barrister at Goldsmith Chambers, where she practises in the fields of immigration law with some family law (children). She has been recommended since 2014 as a Leading Junior barrister in Band 4 in immigration by the Legal 500.
Prior to joining the Bar, Sarah practised in immigration and asylum law as a senior caseworker in a not-for-profit organisation in South London. This has given her the advantage of experience in preparing cases before they reach appeal stage, which she has pooled with her wealth of experience in court hearings as a barrister.
Whilst practicing in all fields of immigration law, Sarah has developed a particular interest and specialism in technical areas of the Immigration Rules, including cases within the Points-Based System such as Tier 1 (Entrepreneur) applications. Sarah is often considered by her instructing solicitors as the “go-to” person for such cases. She also has considerable experience and skill in delivering training seminars and webinars in these areas of the law.
1. Why Apply for Tier 1 (Entrepreneur) Leave and What Does This Route Offer?
2. Common Criteria and Key Concepts for any Tier 1 Entrepreneur Application
General grounds of refusal
Common criteria for any applications
3. How to Qualify for Tier 1 (Entrepreneur) Leave in the Immigration Rules
For initial leave
For the extension of leave
For indefinite leave to remain
4. The Genuineness Test
The Immigration Rules and how the Home Office assesses an applicant’s genuineness
Using the Home Office guidance in the preparation stages of an application
Practical tips and the use of case-law
5. How to Challenge a Refusal to Grant a Tier 1 (Entrepreneur) Application
The mechanics of a challenge post-Immigration Act 2014
The use of the ‘evidential flexibility’ policy and Immigration Rules and other heads of challenge