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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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I own a jewelry company. An individual came to me and wanted

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I own a jewelry company. An individual came to me and wanted to invest £250,000 in my business if I helped him apply for a Tier 1 entrepreneur visa. So we prepared a business plan and an agreement for this investment to be made if the application is successful. He applied and was granted entrepreneur visa after 4 days of the application but after that he refused to make the investment as agreed. After 8 months he applied for ILR visa (indefinite leave to remain) and was granted IRL status so his residency status changed from entrepreneur visa to IRL. So now he says he does not want to invest in the business.What can I do? What are my options? There is an obvious legal agreement which he did not respect. He has the money but is refusing to make an investment.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Thomas replied 6 months ago.

Hi

Did you suport his application for ilr?

Tom

Customer: replied 6 months ago.
Hi Tom,No, I did not support his application for ILR but his ILR application is supported by the Entrepreneur visa which I supported. Because he could have stayed in the country without the entrepreneur visa and as such could not have applied for ILR without the entrepreneur visa period which is 8 months time. So he applied for ILR based on the fact that the last 8 months of his stay in the UK was based on the entrepreneur visa
Expert:  Thomas replied 6 months ago.

Hi

Thanks for your question. I will try to help.

Basically, I don’t think he has obtained ILR on the basis of his entrepreneur visa.

This is because a Tier 1 Entrepreneur visa only gives the holder the right to apply for ILR after they have lived in the UK on the visa for 5 year. In certain circumstances, the length of time can be reduced to three where the business has thrived after the investment has been made and jobs have been created.

So, he simply has not lived here long enough to obtain ILR under the Tier 1 route. Either he has not obtained ILR and he is lying, or he obtained it in some other way (hugely doubtful).

If you executed a Contract with him dealing with the investment then you would have to see a litigation solicitor if you consider he has breached the agreement by not investing.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 6 months ago.
Hi Tom,Thanks for the reply.I have seen the ILR approval letter myself so he definitely received it. He received it based on 10 years residency in the UK, the majority of the time for being a student, then working for 2-3 years and then 8 months for being on the entrepreneur visa. Without the entrepreneur visa he would have had to leave the country so he applied to the home office for the entrepreneur visa with deceit in mind as he had no intention of investing and only wanted to extend his stay in the UK until he is eligible to apply for ILR.
Expert:  Thomas replied 6 months ago.

Okay, that means he has received it on the basis of "long residence" and not on the basis of a tier 1 visa.

You can write to the home office and advise them that you consider that his Tier 1 Entreprenuer application was made by deception in that you believe he never intended to invest the money. They may or may not take action to revoke his ILR, but it's expensive for them to do so and it's public money.

However, I would write to them anyway or at least see a litigation solicitor about the investment agreement he executed with you to see if you can sue him, if you can then you may issue proceedings. If not, then you can write to him with a threat to sue him and to disclose to the home office and see if he is willing to offer you a compromise settlement.

Please remember to leave feedback using the stars at the top of the page..

Tom

Thomas, Lawyer
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Experience: UK Lawyer holding practising certficate for England & Wales.
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