UK Tier 1 Entrepreneur Maintenance Funds Requirement

Those looking to set up a new business or take over a running business in UK can apply for UK Tier 1 Entrepreneur Visa. And like any other visa category you must meet some conditions to be eligible to apply for UK Tier 1 Entrepreneur Visa. So, let us see what those conditions are. They are following:

  1. You want to set up or run a business in UK.
  2. You are not from EEA or Switzerland.
  3. You must have access to at least £50,000 or £200,000 investment funds.
  4. You must have sufficient funds to support yourself during your stay in UK.
  5. You must meet the English language requirement.
  6. You must score 95 points and
  7. You must be minimum 16 years old.

So, these are some requirements which you must meet in order to apply for UK Tier 1 Entrepreneur Visa. And you can see one requirement is of investment fund and another is of maintenance funds. You must meet both fund requirements.

Investment Funds Requirement

 You must have access to £50,000 for investment if the fund available is from one or more of the following:

  • A UK entrepreneurial seed funding competition endorsed by the Department for International Trade (DIT).
  • A government department in UK which will make funds available to you for setting up or expanding a UK business.
  • A venture capital firm of UK registered with the Financial Conduct Authority (FCA).

If you already have invested £50,000 in a UK business in less than 12 months then also you can apply for UK Tier 1 Entrepreneur Visa.

Now, you must have access to £200,000 for investment if the fund available is from one or more of the following:

  • The fund is your own.
  • It has been made available to you by third parties, such as a spouse, partner or investor.
  • The fund is in a joint account with your spouse or partner. However they must not apply for a Tier 1 Entrepreneur visa.

If you already invested £200,000 in a UK business in less than 12 months then also you can apply for UK Tier 1 Entrepreneur Visa.

Maintenance Funds

You noted that you must show that you have sufficient fund to support yourself during your stay in UK, then only you can apply for UK Tier 1 Entrepreneur Visa. This means that you must have funds available to support yourself during your stay and the amount required as maintenance funds depends on whether you are making an initial visa application, or you are applying for an extension. If you ae applying as initial applicant then you must have funds of minimum £3,310, and if you are applying for a visa extension then you must have minimum funds of £945. In both the cases you must have had this amount consistently for 3 months or more.

Activities you can do and you cannot do

During your stay in UK in this visa category you can do following:

  1. You can set up a new business or take over one or more running business.
  2. You can work for your business. This includes being self-employed.
  3. You can also bring your family members with you.

You cannot do following:

  • You cannot do any work outside your business.
  • You cannot collect public funds.

How long you can stay

If you are applying as initial applicant then you can be granted to stay in the UK up to 3 years and 4 months initially. If you are applying for extension then you can be granted extension for another 2 years if you are already in this category and 3 years if you are switching to it from another category.

 

Judicial Review Procedure of UK immigration Cases

What is judicial review? Judicial review is the process carried by the judges of the Administrative Court, and the Upper Tribunal (immigration and Asylum Chamber) (UT). These judges exercise jurisdiction over the lawfulness of acts or omissions of public bodies and a supervisory jurisdiction over inferior courts and tribunals. Thus in simple terms judicial review is a procedure in which judicial control of administrative action is exercised.

Judicial review does not depend on correctness of the decision made by a public body, but it checks whether the public body acted lawfully when coming to their decision.

 

Basis of judicial review

Obtaining judicial review for UK immigration cases is a two-step process. First step is that the applicant must make an application to the court for permission to apply for judicial review. This is because you are not granted the right automatically. Your case may be reviewed only if permission is given when the second step which is review of the actual decision will take place.

.Any act or omission will be unlawful and open to review by the Administrative Court or the Upper Tribunal provided they fall under one of the below mentioned basis of Judicial Review:

  1. If there was an Illegality where there was an error of law while making the decision. For example if the decision maker made the decision beyond his power to make the decision or unlawful delegation.
  2. If there was irrationality or unreasonableness. However basis is very difficult to prove.
  3. If there is any procedural impropriety and unfairness.
  4. If there was breach of the Human Rights Act 1998 (HRA 1998) in decision making.
  5. If the decision breaches EU law.

However you should note that the grounds for judicial review do not remain constant. It keeps expanding.

Time limit and other requirements

There is a time limit within which you can apply for judicial review. If you made an application for Indefinite Leave to Remain and it was refused without a right of appeal, then in that case you can challenge this decision via judicial review. However you must make the application for judicial review within three months from the time you got the letter of refusal.

Before you make a claim for judicial review you must have exhausted all other remedies such as statutory appeals and internal review procedures. You must send Pre-Action Protocol Notice to the Home Office to notify them of your intention of seeking judicial review. After this The Home Office will have 14 days to review and change their decision against the information/documentary evidence you sent them through Pre Action Protocol letter. Now The Home Office may decide to either maintain their previous stance or grant your application for the judicial review.

In case you don’t get reply from the Home Office within 14 days, you can submit your application for judicial review.

Trial

Once your case is heard in the administrative court or UT it will be heard by High Court judge or a Divisional court with a high court judge and a court of appeal justice.

What to do if decision is not in your favor

If you disagree with the decision, you may ask the court to grant your permission to appeal. You need to do this at the hearing. If court turns you down, you can still apply to the higher court for permission. But you cannot apply further if you have been refused permission to appeal against a judicial review decision.

 

 

UK visa and immigration rules for adopted children

If you are settled in UK and you adopted a child overseas then you can bring your adopted child to UK. In order to do so you need to follow UK visa and immigration rules for adopted children. The first thing that you must do is following:

  1. You must show that you currently live and are settled in the UK legally, and there is no time limit on your stay.
  1. You also must show that you can adequately support and house your child without needing any help of public funds.

If you meet these two conditions then you qualify as a parent to bring your adopted child to UK. Now your child must meet below conditions as well to qualify to join you in UK.

You, or your child, must show following:

  • That he/she cannot support himself/herself financially, is not leading an independent life and is not married.
  • He/she has not made any independent family unit.
  • He/she is under 18 years.
  • He/she was adopted at a time when both parents lived together abroad or when either of the two was settled in the UK.
  • He/she has the same rights as any other child of the adoptive parents has.
  • He/she was adopted because their birth parents could not care for them and a genuine transfer of parental responsibility has taken place.
  • He/she has no ties left with their original family.
  • He/she was not adopted with a purpose to make him/her enter the UK easily.

In order to enter UK your adopted child must get entry clearance before travelling to UK. Adoption Act 2005 says that it an offence if prospective adoptive parents bring a child into the UK to adopt him/her, unless they complied with all legal requirements. In case of non-compliance there is penalty where they may have to pay an unlimited fine and/or serve up to 12 months imprisonment.

So, it is in your and your child’s interest that you follow UK visa and immigration rules for adopted children completely. In order to not commit an offense you as prospective adoptive parents must have done following:

  • Applied for your suitability to adopt a child to be approved by a local council or VAA
  • Complied with the assessment process.
  • Received confirmation from the agency in writing approving you as suitable to be an adoptive parent.
  • Received notification from the Secretary of State in writing that he is ready to issue a certificate of eligibility.

Within 14 days of your arrival in the UK with a child, you must notify your local council informing them about your intention to adopt the child. Once this notification has been received by local council, the child will be a protected child under the law and his/her placement will be monitored by the council.

How long adopted child can stay in UK

If you adopted the child in a designated country and both you and your husband or wife is settled in UK or you are solely responsible for the child, then in that case the child will normally be allowed to stay in UK permanently from the date he/she arrives. However if your child was not adopted in a designated country then he or she will normally be allowed to stay for 12 months in UK during which the adoption process can continue through the UK courts.

Your child will become a British citizen provided you adopted them through the UK courts and at least one of one of you as their adoptive parents were a British citizen at the time of adoption order made.

Requirement of visa for adopted children

All adopted children coming to UK require visa before they travel. However if they qualify for a passport issued by an EEA member then they don’t need visa. Once you apply for your child’s visa in any mode like online, through post etc. along with necessary documents like child’s original birth certificate, the adoption order etc. then the Entry Clearance Officer will make a decision based on the application form and supporting documents you have submitted. If required they may interview you.

 

Driving Laws Around the World

Driving in a different country can be extremely stressful – especially when the driving laws differ to the ones you’re used to in your home country. Whether you’re visiting another country, you’ve just got a fiance visa or you’ve just received a settlement visa, you’ll find there are many different (and bizarre) driving laws you will need to adhere to.

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Immigration Rules for Unmarried and Same Sex Partner Visa Applications

A person, who has cohabited for 2 years or more but is not married nor is in a civil partnership with a partner who is settled in the UK, can apply to join his or her partner in the UK. If you are looking to apply for either an unmarried partner or same sex partner visa then you can do so provided certain conditions are met.

In July 2012, new immigration rules for unmarried and same-sex partners wishing to settle permanently in the UK came into effect. If you’re applying for a UK unmarried partner visa, you need to know these rules in order to ensure that you meet all the relevant criteria. However, those who already got leave to enter or remain in the UK under the old rules will continue to be treated under the old rules; the new ew rules will not apply to them.

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Permitted Activities in the UK on a Visitor Visa

You are given UK Visitor Visa for a short period of up to 6 months. You can enter the UK with such a visa for different purposes. Activities that you are allowed to do in the UK on a UK visitor visa depend on the type of visitor visa that you hold and the sub category of it. Your sub category depends on the main purpose of your visit to UK that you stated in your visa application or the application for leave to enter UK.

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Appealing a Civil Penalty for Illegal Employment

UK employers can employee foreign national workers in their organisation provided they meet the relevant visa and immigration requirements. However, if an employer in UK is found guilty of employing someone who they knew – or had reasonable cause to believe – did not have the right to work in UK, then they will face a civil penalty, with the possibility of a 5 year prison sentence. However, a employer in this situation can exercise the option of appealing a civil penalty.

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Best Universities for International Students in the UK

From the royal family and rolling country lanes, to obsessive tea drinking and the ever amazing Harry Potter franchise, the UK is renowned worldwide for so many different quirks and perks. But it’s not just the cream teas and Shakespearean plays that have people flocking to live in the UK, it’s also the incredible academic programme Britain has to offer its residents. Across the width and breadth of the nation lie some of the best universities within the world of academia, where young people receive a top quality degree that will set them up for life.

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The Genuine Entrepreneur Test for UK Tier 1 Entrepreneur Visa Applications

UK gives many great opportunities to entrepreneurs; it’s a great place for doing business. This is why entrepreneurs from outside the UK wish to come to the UK for a new venture. Entrepreneurs have the ability to start and develop a business along, of course, with all the associated risks.

Entrepreneurs from all nationalities can apply for a UK Tier 1 entrepreneur visa to enter the UK. In recent years, the number of applicants for UK Tier 1 entrepreneur visa has increased, so the UKVI felt the need to introduce a Genuine Entrepreneur Test for all such applicants.

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How Can Immigration Lawyers Help You to Challenge a UK Visa Refusal?

Applying for a UK visa is not an easy task. It requires detailed knowledge so that your visa application is accepted successfully. Many applicants applying for UK visa make this mistake of applying on their own. They don’t take expert guidance and – as a result of this – they face their UK visa application being refused.

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