The Home Office UKVI can conduct genuine entrepreneur test for initial, extension and indefinite leave to remain applications.
If the Home Offie, UKVI have doubts over the credibility of an application, they can conduct a genuine entrepreneur test as follows:
- where the Home Office, UKVI don’t require any further evidence from the applicant, they can undertake a paper genuineness consideration on the evidence provided with the application
- if the Home Office UKVI need further information from the applicant in order to make the paper genuineness consideration, they must allow the applicant 28 calendar days from the date of request to submit thismfurther evidence to the UKVI
- if the Home Office UKVI cannot determine the credibility of the applicant from a paper genuineness test, they may invite the applicant to interview either in person, by telephone or by video conference
It is very common in Tier 1 Entrepreur applications for an applicant to be interviewed for genuineness test before an application is decided by the Home Office, UKVI.
The Home Office UKVI should normally takes into consideration the following factors when conducting a genuine entrepreneur test:
- Evidence submitted by the applicant in support of the application;
- The viability and credibility of the migrant’s business plan and market research into their chosen business sector;
- The viability and credibility of the source of money for investment in the UK;
- Their previous educational and business/work experience (or lack thereof);
- Their statements made during the immigration interview for genuine entrepreneur test;
- Their previous immigration history and previous activity in the UK, where applicable;
- If the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained;
- Any other relevant information that can be considered within the context of the genuine entrepreneur test as set out in the Immigration Rules;
- Any legal representations made by the applicant's legal representatives in support of the application.
Under the genuineness test, the Home Office, UKVI can refuse an application even if the Tier 1 Entrepreneur applicant meets the required points total if the Home Office, UKVI are not satisfied that the Tier 1 Entrepreneur applicant is a genuine entrepreneur.