Start-Up Visa Refusal Success

Summary

The clients are Indian nationals who had applied for entry clearance for a business start-up visa in the UK. Their joint application was refused by the Home Office due to lack of evidence of experience even though the clients had provided all the necessary and relevant information and documents. The decision was challenged via Judicial review after the Home Office did not provide a response to my Pre-Action-Protocol letter. 

The Judicial review matter was resolved by way of a Consent Order, and the Home Office had agreed to reconsider the decision and a signed consent order was sealed by the Upper Tribunal. However, the Home Office did not provide any update to the client even after the standard time for reconsideration had lapsed as per the terms of the Consent Order.

The challenge

The Home Office failed to provide a response within a reasonable amount of time even after repeated communications with the Home Office, this unreasonable delay was causing extreme difficulty in our clients lives and they did not know how to progress further as despite numerous attempts, the waiting time exceeded 7 months and our clients were ready to withdraw the applications.

The solution

A second Pre-Action Protocol letter was sent to the Home Office on grounds of unreasonable delay. We informed the Home Office that their actions may be considered as contempt of Court for failing to follow the terms of Consent Order. Finally, our client was contacted by the Home Office and the applications were granted. Our clients have now arrived in the UK.

If you are facing a similar challenge, contact our immigration lawyers today for advice on the best way in which to proceed.