Innovator Visa – Work Visas

The Innovator visa category is for more experienced
businesspeople seeking to establish a business in the UK.
Applicants must demonstrate an ‘innovative’,
‘viable’ and ‘scalable’ business idea that is
supported by one of the Home Office approved Endorsing Bodies. With
some exceptions, applicants are required to have funding of no less
than £50,000 to invest in their business. The funding can
come from third parties.

The Innovator visa category is NOT for people who
are:

Please note: Neither Start-up nor Innovator is designed
to facilitate investment into a pre-existing business – applicants
should be key/founding members of the business. This can include
where the business has reached a research and development stage and
the applicant is significantly contributing/facilitating the
establishment of the business as a commercial enterprise. In
scenarios such as this an endorsing body should explain clearly in
their endorsing letter how the applicant is fulfilling this
role.

We are a Member of the Immigration Law
Practitioners’ Association

APPLICANTS WHO ARE ALREADY IN THE UK UNDER CERTAIN VISA
CATEGORIES CAN SWITCH TO THE INNOVATOR VISA FROM INSIDE THE
UK:

• Start-up




• Tier 1 (Graduate Entrepreneur)




• Tier 1 (Entrepreneur)




• Tier 2




• Skilled Worker




• a visitor who has been undertaking permitted activities as a
  prospective entrepreneur, as set out in Appendix V

REQUIREMENTS FOR INNOVATOR VISA

The requirements for the Innovator visa are divided into
‘General’ and ‘Specific’. Both General and Specific
requirements must be met for the Innovator visa to be granted. The
initial visa is issued for 3 years. To qualify for Indefinite Leave
to Remain (ILR)/Settlement the Innovator visa holder needs to have
3 years continuous residence in the UK on the Innovator visa.

To apply for an Innovator visa you need an excellent business
idea that has been endorsed by one of the Home Office approved
Endorsing bodies. It may be more convenient for a person looking to
move to the UK to consider other types of visa, for example
a global talent visa. Global talent
visa is for exceptionally talented individuals who are either world
leaders or emerging world leaders in their field. .

RODRIGO, CO-FOUNDER OF A DIGITAL TECHNOLOGY COMPANY

Kasia expertly guided me through my innovator visa process.
She

listened to me and made sure that she understood my business and I
felt confident from the start that she was the right person to help
me with my visa. All went well with Kasia’s help. Thank you,
Kasia.

GENERAL REQUIREMENTS FOR INNOVATOR VISA

• The applicant must be at least 18 years old;




• The applicant must provide specified evidence that his English
  language is at least CEFR Level B2 (approved English language test
  needs to be taken unless an applicant is from a majority English
  speaking country listed in the immigration rules OR have a
  university degree from the UK or a foreign university degree that
  was taught in English and is recognised as equivalent to UK degree
  by UK Naric);




• The applicant must pass the credibility
  assessment*;




• Maintenance funds required for the Main Applicant are
  £1,270. NOTE: Applicant does not need to provide evidence of
  maintenance funds if the letter from the endorsing body confirms
  they have been awarded funding of at least £1,270 in addition
  to the £50,000 investment funds required.




• There are no general grounds of refusal (e.g. applicant’s
  criminal record, breach of immigration rules)

*CREDIBILITY ASSESSMENT – GUIDANCE FOR APPLICANTS

The Home Office must be satisfied that all of the following
requirements are met:

• The applicant genuinely intends to undertake, and is capable of
  undertaking, any work or business activity in the UK stated in
  their application.




• The applicant does not intend to work in the UK in breach of
  their conditions.




• Any money which the applicant claims to be available is
  genuinely available as described, and the applicant intends to use
  it for the purposes described in the application.




• The Home Office will take into account any endorsement of the
  applicant required under the rules, and may also take into account
  any or all of the following factors:




• the evidence the applicant has submitted and its
  credibility




• the applicant’s previous educational, work and immigration
  history




• declarations made to other government departments regarding the
  applicant’s previous employment and other activity in the
  UK




• any other relevant information




• the Home Office may request additional information and evidence
  from the applicant or the applicant’s endorsing body.




• the Home Office may ask the applicant to attend an
  interview.

SPECIFIC REQUIREMENTS FOR THE INNOVATOR VISA -
GUIDANCE FOR APPLICANTS

ENDORSEMENT

The Home Office has published a list of approved Endorsing Bodies Only the organisations
from this list can issue endorsements for the Innovator visa.

It is vital for applicants to first obtain an endorsement from
one of the approved Endorsing Bodies before applying for the
visa.

ENDORSING BODIES RESPONSIBILITIES AND THEIR IMPACT ON THE
APPLICANT’S VISA

Endorsing bodies have responsibilities to monitor the
Innovator’s business activities and keep the Home Office
updated. Their responsibilities are as follows:

• To stay in contact with those they have endorsed at 6, 12 and
  24 months checkpoints after their application is granted.




• To inform the Home Office if, at these
  checkpoints, bothof the following apply:




• The individual has not made reasonable progress with their
  original business venture;




• The individual is not pursuing a new business venture that also
  meets the endorsement criteria.




• To inform the Home Office if an applicant misses any of these
  checkpoints without the endorsing body’s authorisation.




• To withdraw its endorsement if either bullet point 2 or bullet
  point 3 immediately above applies, unless it is aware of
  exceptional and compelling reasons not to withdraw its endorsement,
  and informs the Home Office of those reasons.




• To inform the Home Office if it has any reason to believe that
  an individual it has endorsed is working outside of their own
  business ventures, in breach of their conditions.




• Must not be connected to past or present abuse of the
  immigration system.

ENDORSEMENT CRITERIA – NEW BUSINESS

The endorsing body must be ‘reasonably satisfied’ that
the applicant will spend their entire working time in the UK on
developing business ventures AND the applicant’s business idea
meets the criteria of Innovation, Viability and
Scalability.

The Home Office defines the Innovation,
Viability and Scalability as follows:

Innovation: The applicant has a genuine,
original business plan that meets new or existing market needs
and/or creates a competitive advantage.

Viability: Is the applicant’s business
plan realistic and achievable based on the applicant’s
available resources? Does the applicant have, or is actively
developing, the necessary skills,

knowledge, experience and market awareness to successfully run the
business?

Scalability: There is evidence of
structured planning and of potential for job creation and growth
into national and international markets.

The applicant must have an endorsement letter from an
endorsing body which confirms amongst other things
that:

1. the applicant has either generated,
   or made a significant contribution to, the ideas in
   their business plan; and




2. the applicant will have a day-to-day
   rolein carrying out the business plan,




3. the applicant is either the sole founder or an
   instrumental member of the founding team.

ENDORSEMENT CRITERIA – SAME BUSINESS

The applicant must be supported by an endorsing body which
confirms that they are endorsing the application on the basis of a
business they or another endorsing body have previously assessed
while the applicant had permission on the Innovator, Start-up
route, or Tier 1 (Graduate Entrepreneur).

The endorsing body must confirm that they are satisfied that the
applicant meets the new business requirements with the exception
that applicants previously endorsed in the Start-up or Tier 1
(Graduate Entrepreneur) routes do not need to meet the investment
funds requirement.

Applicant who already holds an Innovator visa and meets the
‘same business’ requirements may be granted a further leave
to remain in the Innovator category for another 3 years. It is
useful as not all applicants will be able to meet the requirements
for the Indefinite Leave to Remain when their business did not
perform well enough to meet at least the 2 criteria.

When applicant is relying on endorsement under the same business
criteria, the endorsement letter must confirm all of the following
key points:

• The applicant has shown significant achievements, judged
  against the business plan assessed in their previous
  endorsement.




• The applicant’s business is registered with Companies House
  and the applicant is listed as a director or member of that
  business.




• The business is active and trading.




• The business appears to be sustainable for at least the
  following 12 months, based on its assets and expected income,
  weighed against its current and planned expenses.




• The applicant has demonstrated an active key role in the
  day-to-day management and development of the business.




• The endorsing body is reasonably satisfied that the applicant
  will spend their entire working time in the UK on continuing to
  develop business ventures.

ENDORSEMENT CRITERIA – SETTLEMENT (INDEFINITE LEAVE TO
REMAIN)

When applicant is making a settlement (Indefinite Leave to
Remain – ILR) application, the endorsement letter must confirm both
of the following:

• The applicant meets all of the same business endorsement
  criteria set out in paragraphs above;




• The applicant’s business venture meets at
  least twoof the following requirements:




• At least £50,000 has been invested into the business and
  actively spent furthering the business plan assessed in the
  applicant’s previous endorsement.




• The number of the business’s customers has at least doubled
  within the most recent 3 years and is currently higher than the
  ‘mean number’ of customers for other UK businesses offering
  comparable main products or services.




• The business has engaged in significant research and
  development activity and has applied for intellectual property
  protection in the UK.




• The business has generated a minimum annual gross revenue of
  £1 million in the last full year covered by its
  accounts.




• The business is generating a minimum annual gross revenue of
  £500,000 in the last full year covered by its accounts, with
  at least £100,000 from exporting overseas.




• The business has created the equivalent of at least 10
  full-time jobs for resident workers.




• The business has created the equivalent of at least 5 full-time
  jobs for resident workers, which have an average salary of at least
  £25,000 a year (gross pay, excluding any expenses).




• When applicant is relying on the criteria for creating
  jobs:




• The jobs must have existed for at least 12 months and comply
  with all relevant UK legislation, including (but not limited to)
  the National Minimum Wage Regulations in effect at the time and the
  Working Time Regulations 1998.




• Each of the jobs must involve an average of at least 30 hours
  of paid work per week.

HOW TO GET AN ENDORSEMENT FOR INNOVATOR VISA

Crucial stage of all Innovator Visa applications is finding a
suitable endorsing body and obtaining an endorsement. Endorsement
is a seal of approval to your business idea that it meets the
innovation, viability and scalability requirements. Endorsing body
plays important role in the whole process related to the Innovator
visa application. Its role involves not only the initial assessment
and endorsement but also an ongoing monitoring of the progress of
your business plan. Thus the choice should be made after careful
considerations and planning.

HOW TO CHOOSE THE RIGHT ENDORSING BODY FOR YOU

While deciding which endorsing body to select, applicant has to
take into account many factors. The business field plays an
important part, as many endorsing bodies are specialized and will
only consider applicants from a certain field or from certain
location. Picking an endorsing body means a long term relationship
as the body will make on going assessment of the applicant’s
business and its progress in light of the goals set out in the
business plan. Without making significant progress against your
business plan and reaching the specified goals by you will not be
able to obtain ILR. However, you may still qualify for extension of
your Innovator visa if your business makes sufficient progress.

There are many endorsing bodies those vary in terms of business
types supported, the fees and the way in which they operate. Some
of them will want the applicant o be a part of their accelerator
program to endorse his business. Others may want a stake in the
business. Ohers will simply charge for their services. It is up to
the applicant to analyse his needs, his business and to decide
which is the best for him.

WHICH VISA CATEGORY? START UP OR INNOVATOR?

There are differences between Start up and Innovator visa. Start
up visa does not lead to a settlement in the UK. It is, however,
normally easier to obtain Start Up visa if you are a less
experienced business person but you have an Innovative, Viable and
Scalable business idea. Innovator visa can lead o the UK settlement
(ILR) but the requirements are much more strict. Obtaining an
Innovator visa is also not an end of the process. There are
benchmarks against which innovator visa holder has to test his
business. If he fails to meet the required targets he may not be
able to get ILR on Innovator route.

Getting ILR on Innovator visa requires constant work, monitoring
the progress of the venture and continuous input from an
experienced immigration lawyer who makes sure all the required
documents and processes are collected in a timely manner. They also
have to be done in compliance with the immigration rules.

HOW LONG BEFORE I GET PERMANENT RESIDENCE (ILR) ON INNOVATOR
VISA?

Provided that the applicant meets all the requirements of his
visa, he can apply for permanent residency in the UK after 3 years
on the Innovator visa route.

WHAT HAPPENS IF I DON’T QUALIFY FOR PERMANENT
RESIDENCE?

If the Innovator visa holder does not meet the prescribed
criteria for ILR (Permanent residence) he normally can apply to
extend the Innovator visa for another three years. However, he has
to receive a new endorsement from the same or new endorsing
body.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.