OTS Solicitors and a year of business visa success stories

The success of the business immigration team at OTS Solicitors was recognised by inclusion in the leading legal directory, Legal 500. OTS Solicitors also received an award for the Most Innovative business immigration Law Firm 2019 from SME news and more recently, the firm has been chosen by the UKTI to be featured in the new smart digital UK Investment Support Directory.

The ranking in Legal 500 and the latest innovation award delighted all the Immigration law solicitors at OTS Solicitors. However, the business immigration team take the greatest pleasure from the relief on the faces of visa applicants when the business immigration solicitors are able to pass on the good news that we have secured their business visa.

The business immigration team at OTS Solicitors cannot rest with the success they have enjoyed over the last twelve months in securing numerous Entrepreneur Visas for business clients. That is because the Home Office has introduced two new business visas and made sweeping Immigration Rule changes to other visas, such as the Investor Visa.

• Innovator Visa; and

• Start-up Visa.

OTS Solicitors advise on all aspects of business immigration and have substantial expertise in securing business visas. As experts in business immigration, OTS Solicitors make the process of applying for an Innovator Visa or Start-up Visa as straight forward as possible so company clients can get on with business.

For advice on applying for an Innovator Visa or Start-up Visa or for help with any other aspect of business immigration law please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help.

With the new Innovator Visa and Start-up Visa, it is too early to boast about success stories. However, the top London immigration solicitors say that success stories of Tier 1 Entrepreneur Visa applications shows just how important it is that business clients instruct experienced business immigration solicitors who are on top of their game and understand the complex Immigration Rules and the Home Office eligibility criteria for business visas.

To secure an Entrepreneur Visa an applicant had to be able to show that he/she was setting up a business and that he/she had the required investment funds.

You would think compliance with the criteria would have been simple, but one success story shows just how complicated it could be to secure a business visa under the Entrepreneur Visa route.

The applicant for an Entrepreneur Visa began his entrepreneur journey in 2016 when he bought a guesthouse. He initially did not employ top London immigration solicitors. He submitted his application for an Entrepreneur Visa without a business plan. This was in breach of the requirements of Immigration Rules 245DB which required submission of a business plan as part of the evidence that the applicant was a genuine entrepreneur.

A second application was submitted to the Home Office. This was again made without the help of the best London immigration solicitors. The second application was refused. The refusal was down to the applicant’s former solicitors not realising that deriving a rent from the guesthouse was not a permitted business activity under Appendix A of the Immigration Rules. Furthermore, the applicant had loaned the investments funds to a friend, thus not meeting the requirement of paragraph 245DB of the Immigration Rules.

A third Entrepreneur Visa application was submitted. This time around, the application was accompanied by a comprehensive 32-page business plan and substantial supporting documents. The application was refused. The applicant filed an Administrative Review application. The Home Office refused the application. At this point, with three failed applications and an unsuccessful Administrative Review, the applicant turned to the business immigration team at OTS Solicitors.

The best London immigration solicitors sent an urgent Pre-Action Letter and followed it up with an application for judicial review. The Home Office conceded on the refusal grounds and agreed to reconsider the case and pay costs. After two days of preparing the applicant for a further Home Office interview, on his fourth attempt, the applicant got his Entrepreneur Visa.

This business visa story demonstrates how comprehensive work and determination from the best London immigration solicitors can result in business visa success despite previous visa application refusals and it emphasises the importance of choosing the right business immigration solicitor.

Looking back on a year of business immigration success stories, one thing that is highlighted repeatedly is the importance of using top London immigration solicitors who know and understand the complex Home Office business immigration Rules. In the opinion of the best London immigration solicitors the importance of understanding the Immigration Rules is now even more vital with the introduction of the new Innovator Visa and Start-up Visa.

One example, over the last twelve months, of where in depth knowledge of the Immigration Rules was crucial was an application for a Tier 1 Entrepreneur Visa where the applicant had to show financial independence in the UK. You would think that it would be straightforward to establish financial independence in the UK for a visa applicant. However, one of OTS Solicitors success stories shows just how complicated the Immigration Rules are.

The business visa applicant was a medical graduate involved in ground breaking medical research. He had raised investment funding for his business through the technology investment arm of the UK government. Despite meeting the relevant funding requirement, the applicant was experiencing difficulty with the maintenance rules to show he had funds for living expenses. This was because of a documentation problem and stringent Immigration Rules.

The best London immigration solicitors could not change the Immigration Rules for the applicant but the business immigration team at OTS Solicitors did the next best thing. They made strong representations to the Home Office to use its discretion and grant the applicant his Entrepreneur Visa. The business immigration team were able to show that the applicant’s medical invention would benefit not only UK patients but also the UK economy. The applicant successfully obtained his business visa.

The applicant’s success story and his relationship with the best London immigration solicitors did not end there. The business immigration team at OTS Solicitors were then asked to obtain a Sponsorship Licence for the company so that the business could employ highly skilled migrants. The business immigration team secured the Sponsor Licence as well as obtaining a speedy visa for a skilled migrant engineer. This was only secured with careful planning at a time of sudden and unprecedented demand faced by the Home Office (and with the monthly quotas being reached) for Certificates of Sponsorship to employ skilled migrants from abroad.

The Home Office heavily scrutinises all business visa applications and in particular those made by young individuals. That is the case whether the application is for an Innovator visa or a Start-up visa.

The best London immigration solicitors pre-empt the hurdles faced by entrepreneurs applying for business visas by:

● Assisting the applicant in preparing for his visa application; and

● Assessing the business plan and working with experienced and professional business plan writers; and

● Conducting mock interviews with the applicant.

This level of hard work paid off when representing a young entrepreneur who having worked closely with his father in the construction industry, intended to establish and operate his own business, leveraging the skills and experience he had gained by starting a construction company within the UK market. After submission of an Entrepreneur Visa application, the applicant was asked to go to an interview at the visa centre. The Home Office refused the application unfairly. The caseworker made errors regarding the applicant’s working capital as well as administrative errors. The business immigration team at OTS Solicitors drafted a highly detailed and technical Administrative Review for consideration by an Entry Clearance Manager. Within 18 days, the visa refusal was overturned and the young entrepreneur was granted his business visa. The Immigration law team at OTS Solicitors were delighted by the result, as the reversal of a visa refusal at Administrative Review stage is very rare.

All these business immigration visa success stories show that the best London immigration solicitors, with due diligence, in-depth knowledge and efficiency at successfully handling complex and urgent business immigration applications, can make a real difference to the success or failure of a business visa application.

The success stories also demonstrates the full range of advice OTS Solicitors provide as part of a one-stop shop Immigration service. As most entrepreneurs and business owners want to get on with business, it is sensible to get expert advice on the paperwork you will need to provide to secure your Innovator Visa or Start-up Visa.

OTS Solicitors advise on all aspects of business immigration and have substantial expertise in securing business visas.

The legal directory of leading UK lawyers, Legal 500, recognises OTS Solicitors expert advice on business immigration. The firm is ranked for business immigration services. In addition, OTS Solicitors has Law Society accredited solicitors status as trusted specialists in Immigration law.