Entrepreneurs - Page 3

The Innovator Founder visa has been introduced for entrepreneurs and business people looking to establish a business in the UK based on an innovative idea that they have either created or contributed towards. It replaces the Start-Up visa and Innovator visa routes, and is available from 13 April 2023.

To qualify for an Innovator Founder visa you will need to:

• Be at least 18 years of age
• Have a new, innovative, viable and scalable business idea (set out in a business plan)
• Have a letter of endorsement issued by an approved UK endorsing body no more than 3 months prior to the date of your visa application
• Meet the English language requirement (passing a language test to at least CEFR Level B2)
• If you have been in the UK for less than 12 months, or you are applying from outside of the UK, have £1,270 savings

The Home Office provides a list of countries here which are exempt from the English language requirement.

There may be additional requirements if you are applying with dependents. In some cases, you must also provide a negative tuberculosis test result depending on where you are applying from.

The visa application has two stages:

Stage 1: you must have your business or business idea endorsed; and

Stage 2: you must then make your visa application.

You are not required to show that you have a certain level of investment funds in order to be eligible to apply for the visa.

Yes, you can engage in skilled employment outside the running of your business,  however this must be in a skilled role (meaning it must be at RQF level 3/A Levels or above in skill level).

Yes, you can bring your family members (known as “dependants”) with you, specifically your:

• spouse or partner
• children under the age of 18

You will need to pay an additional application fee per dependant, which varies depending on whether you are applying from outside of the UK or inside of the UK. The current application fees for dependants are:

• Outside the UK: £1,191 per person
• Inside the UK: £1,486 per person

Your dependants will also need to pay the Immigration Health Surcharge.

You can hold this visa for an initial period of three years, after which it can be extended for further 3 year periods (on the basis that you receive re-endorsement before extending).

Yes, you can apply for Indefinite Leave to Remain after three years spent in the UK.

To apply, you will need to pay an application fee and the Immigration Healthcare surcharge. The application fee depends on whether you are applying from inside the UK (which is £1,486 or from outside the UK (which is £1,191).

In order to receive an endorsement, you will need to share your business plan with an approved endorsing body and demonstrate to them that you meet the following requirements:

• You have an innovative, viable and scalable business idea
• You are a fit and proper person
• There are no concerns over the source of funds which you have invested into your business, or are to be received into your business
• You have either created the business idea yourself, or contributed significantly to it
• You are the sole founder or instrumental in the founding team of your business
• You will be involved in the day to day management and development of your business
• You will attend at least 2 contact point meetings with your endorsing body

In order to extend an existing Innovator Founder visa or to switch into the visa from the above categories you will need to:

• Show that your business is registered with Companies House and you are listed as a director or member;
• your business must be active, trading and sustainable and you must have made significant progress against your business plan; and
• if you last had permission as an Innovator (or Innovator Founder) you must have had 2 contact point meetings with your endorsing body at regular intervals during your previous permission.

This will depend on various factors including your business type and location in the UK. The full list of Home Office approved endorsing bodies can be accessed here.

If you would like specific advice on the best endorsing body for your application, please contact one of our immigration specialists.

If the above criteria is met and you successfully secure endorsement, the endorsing body will provide an endorsement letter which details your business plan for the visa application.

You must then make your visa application within 3 months of the date of the letter granting your endorsement.

The application must be made online by submitting the Home Office form.

The Home Office advises that you should get a decision about your visa within 3 weeks when you apply from outside the UK, or within 8 weeks when you apply from within the UK.

You will need to provide all of the following documents with your application:

• A valid endorsement letter from an approved endorsement body
• A current passport or other document showing your identity and nationality
• Evidence to show that you meet the financial requirement
• Evidence to show that you meet the English language requirement

You may also need to provide additional documents depending on where you are from, and your individual circumstances such as whether you will be applying alone or with your dependants. In some cases, you must also provide a negative tuberculosis test result depending on where you are applying from.

If you would like to know more information about supporting documents, please contact our immigration specialists.

Yes, you can switch to the Innovator visa if you meet the visa eligibility criteria, and do not have one of the following:

• A visit visa
• A short-term student visa
• A parent of a Child Student visa
• A seasonal worker visa
• A domestic worker in a private household visa
• Immigration bail
• Permission to stay outside the immigration rules, for example on compassionate grounds

If you already have permission on the Start-up or Innovator routes, and are pursuing a business idea that has previously been approved by a Home Office approved endorsement body, you may be able to apply for a further endorsement as an Innovator Founder.

No, it is not possible to extend a Start-Up visa beyond the initial 2 year period. However, you may be able to extend your permission as an Innovator Founder (if eligible) where you are pursuing a business which the Home Office assesses as approved by an endorsing body.

The Start-Up visa closed on 13 April 2023, so it is no longer available to new applicants, except in relation to endorsements issued prior to 13 April 2023.

The Start-Up visa has been replaced with the new ‘Innovator Founder’ route. Click here to read more about the Innovator Founder route.

The  Start-Up visa is not a route to settlement. However, you may be able to apply for ILR if you have lived in the UK for 10 years or more.

The Innovator visa was introduced for entrepreneurs but aimed at more experienced business people having a minimum of £50,000 to invest in their business idea.

It is no longer available to new applicants, because it was closed on 13 April 2023 and replaced with the new ‘Innovator Founder’ route.

Click here to read more about the Innovator Founder route.

You can hold this visa for an initial period of three years.

You may then be able to apply to extend the visa as an Innovator Founder (if eligible) where you are pursuing a business which the Home Office assesses as approved by an endorsing body.

Yes, you can apply for indefinite leave to remain (ILR) after three years spent in the UK.

There are other eligibility requirements for ILR which you should be aware of. Please contact our immigration specialists for further information to ensure that you are eligible for ILR whilst holding your Innovator visa.

The Tier 1 (Entrepreneur) Visa route closed on 29 March 2019 so the scheme is no longer accepting new applications.

The visa has now  been replaced with the Innovator Founder visa which is discussed here.

If you already have a Tier 1 (Entrepreneur) Visa, you will only be able to extend the visa if you can show that:

• You registered as a director or as self-employed no more than 6 months after the date your Tier 1 (Entrepreneur) visa was granted
• You have been self-employed, a member of a partnership or working as a director of a business 3 months before you apply for the extension
• You have created at least 2 full time jobs in the business that have existed for at least 12 months;
• You can continue to support yourself financially; and
• You have invested at least £200,000 or £50,000 (depending on the amount of funds your initial application was based on) in cash in a business or businesses in the UK.

If you meet the above eligibility criteria, you will be able to extend your visa for a further 2 years.

If you have family members on your current Tier 1 (Entrepreneur) Visa, they should be included on the application to extend the visa, even if they turned 18 during your time in the UK.

Yes, you can apply for indefinite leave to remain (ILR) on the Tier 1 (Entrepreneur) Visa.

The standard route to settlement allows you to apply after holding the Tier 1 (Entrepreneur) visa for 5 years and requires you to have hired at least 2 employees who are settled in the UK.

You are able to apply for ILR after only 3 years if your business’ turnover has exceeded £5 million or if you have hired at least 10 employees who are settled in the UK.

There are other eligibility requirements for ILR, including passing the Life in the UK Test and meeting certain English language requirements, which you will need to know about to apply. So that you are able to meet the requirements for ILR whilst holding your Tier 1 (Entrepreneur) Visa, please contact our immigration specialists for further information.

The Tier 1 (Graduate Entrepreneur) Visa closed on 6 July 2019 so the scheme is no longer accepting new applications.

The visa has been replaced with the Innovator Founder visa which is discussed here.

No, it is no longer possible to switch to a Tier 1 (Graduate Entrepreneur) visa.  Instead, please consider its replacement, the Innovator Founder visa which is discussed here.

No, it is no longer possible to extend your Tier 1 (Graduate Entrepreneur) visa. You may be able to switch into the Innovator Founder route which is discussed here.

No, the Tier 1 (Graduate Entrepreneur) visa does not lead to ILR.  You may be eligible for ILR through other routes including long residency.  Please see the ILR section of the Hub for further guidance .