Ensar Baylan v The Secretary of State for the Home Department [2012] UKUT 83 (IAC)
[1]“People admitted as visitors may apply for consent of the Secretary of State to their establishing themselves here for the purpose of setting up in business, whether on their own account or as partners in a new or existing business. Any such application is to be considered on merits. Permission will depend on a number of factors, including evidence that the applicant will be devoting assets of his own to the business, proportional to his interest in it, that he will be able to bear his share of any liabilities the business may incur, and that his share of its profits will be sufficient to support him and any dependants. The applicant’s part in the business must not amount to disguised employment, and it must be clear that he will not have to supplement his business activities by employment for which a work permit is required. Where the applicant intends to join an existing business, audited accounts should be produced to establish its financial position, together with a written statement of the terms on which he is to enter into it; evidence should be sought that he will be actively concerned with its running and that there is a genuine need for his services and investment. Where the application is granted the applicant’s stay may be extended for a period of up to 12 months, on a condition restricting his freedom to take employment. A person admitted as a businessman in the first instance may be granted an appropriate extension of stay if the conditions set out above are still satisfied at the end of the period for which he was admitted initially.”[2]“Given the Appellant’s lack of experience in his chosen field of activity, the lack of evidence as to his physical ability to move a pedicab for long hours around Central London and the errors and misstatements in his business plan, and on the totality of the evidence before me, I find that the Appellant has not discharged the burden of proof which is on him. The reasons given by the Respondent justify the refusal. Therefore the Respondent’s Decision is in accordance with the law and the applicable Immigration Rules.”
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