Case Study 1: Business Immigration – Innovator

Mr T, a citizen of Pakistan, entered the UK as a visitor, applied for indefinite leave to remain thereafter as a former returning resident. His application was refused. He appealed to an immigration judge. His appeal was dismissed.

In the interim, whilst pursuing his appeal, Mr T had formed a company, presented a business plan with supporting documentation evidencing considerable investment in the marketing of websites etc. The business proposed would lead directly to the creation of full time jobs for UK residents and Mr T would be a main shareholder in the business. The scheme Mr T had in mind was of benefit to the UK economy.

Under the Immigration Rules Mr T required entry clearance. After substantial correspondence with the Home Office having regard to the nature of the business which would fold up if Mr T was out of the UK for even a short period of time, the Home Office on an exceptional basis waived the requirement of entry clearance and allowed Mr T leave to remain as an innovator.