JR Permission Granted in Tier 1 Entrepreneur Extension Case

This case concerned an applicant and who last remained in the UK as a Tier 1 Entrepreneur with five dependant family members. The applicant had set up a genuine restaurant business in the UK and invested more than £200,000.00 in the business. When the applicant applied for an extension on her leave to remain as a Tier 1 Entrepreneur, her application was refused on the basis that Home Office was not satisfied that she had created at least two full-time jobs for settled workers that have existed for at least 12 months. The applicant applied for administrative review which was refused. We successfully argued before the Upper Tribunal that the Applicant should be granted permission to bring a Judicial Review claim on the basis that the Home Office adopted a far stricter approach to the Creation of Jobs Criteria than was intended by the Immigration Rules.