In the recent case of Onwuje v SSHD [2018] EWCA Civ 331, the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) Migrant and although the appeal was dismissed, the court confirmed that running a business may amount to private life for the purposes of Article 8 of the European Convention on Human Rights.

In this particular case, the court considered the private and family life grounds, and the involvement of Mr Onwuye in his business, but ultimately concluded that removal would not be disproportionate. It was, however, accepted that “an entrepreneur’s ownership of, and involvement in, his or her business may also be regarded as an aspect of their private life for the purpose of Article 8”, as stated in Niemietz v Germany (1993) 16 EHRR 97