Our team is delighted to share the latest news that our client’s application for administrative review of the refusal of leave to remain a s a Tier 1 Investor has been successful.
Administrative review is a procedure that allows your visa application to be reviewed if it has been refused.
The administrative review is carried out by a different department of the Home Office. It should be successful if any procedural errors made by an original decision maker will be identified. If that is the case, the original decision will be withdrawn and your visa application reconsidered.
Tier 1 Investor Visa Extension
The Applicant is a Kazakh national, who has been issued with entry clearance as a Tier 1 Investor, entered the UK with her dependants. On the expiration of her visa, she applied for further leave to remain as a Tier 1 Investor, with her dependants applying for an extension of their leave. This application was refused on several grounds.
- Firstly, the Respondent was not satisfied that the funds loaned to the Applicant were under her control in the UK, which was against the provisions of paragraphs 2, 6 and 11 of the loan agreement. This allegation was founded upon the basis that the requirement of the Applicant to invest the loan in an Authorised Investment Destination (AID) Company was not satisfied, thus resulting an agreement to ‘lose its force’. The Respondent assumed that the reference to an ‘AID Company’ must refer to a specific company. However, this was not specified in the loan agreement and the Respondent’s claim was argued to be unreasonable, whist lacking any objective evidence.
- Secondly, the Respondent was not convinced that the Applicant’s investment was This was argued to be outside of the Respondent’s concern with the regards to the merits of the investment. The investment of 1 million pounds in the company is one of the main requirements to obtain a Tier 1 Investor Visa, which was done in accordance with the rules and regulations according to the facts.
- Thirdly, the Respondent referred to the Articles of Association of the company, alleging that its provisions prevented the funds from being under the Applicant’s control and disposable in the UK. However, the Articles of Association guaranteed that the funds would be redeemed to the Applicant, making them consistent with the fact that the Applicant had a sufficient control over them.
- Finally, the Respondent alleged that the Applicant’s investment was not within the category of paragraph 65(b) of Appendix A, namely ‘open-ended investment companies, investment trust companies, investment syndicate companies, or pooled investment vehicles’. However, no clear evidence was provided regarding this matter. The Respondent was concerned about a disclosure of the company’s principle business by its Accountants. This evidence was argued to be insufficient to assert the company’s activities at the time of the investment. Additionally, the Respondent referred to the information given by the Applicant during her interview, particularly that the Applicant exercises powers to control the company’s future investments, which was again argued to be lacking any reasonable basis on which to determine the applicability of paragraph 65(b) of Appendix A.
Success of the Application
Sterling Law, defined against all odds, provided all the necessary arguments in favour of the Applicants. Accordingly, the Administrative Review was successful on the grounds of paragraph AR2.11(d) of the Immigration Rules, particularly that the ‘original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application’.
The arguments presented by the Home Office authorities were made on the basis of their subjective and unreasonable assumptions, rather than relying on the objective evidence.
This is but a mere example of how passionate and dedicated Sterling Law is to fight for a just and unbiased bureaucracy.
For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, by e-mail: firstname.lastname@example.org or via our online appointment booking form.