UK Immigration Update: The Innovator Founder Visa: How to apply and what are the requirements?

On the 13^th April 2023, The Innovator Founder visa route was launched as a single immigration route replacing both the Innovator visa and Start-up visa.

It is aimed at start-up entrepreneurs and experienced business people who want to establish a business in the UK, within any sector.

Applicants for an Innovator Founder visa must have generated, or have significantly contributed to their business idea and intend to play a key role in the day-to-day management and development of their business.

Applicants do not need to have any specific level of funds to invest in their proposed business, but must have an innovative, viable and scalable business idea, supported by a business plan, which has been approved by an endorsing body – see our list of recognised endorsing bodies below.

Applicants will have a new business idea and the business will not already exist. However, it is permissible for an individual to join a business after it has been registered with Companies House, providing the business has not already started trading. In such a situation, the Home Office will want to be satisfied that the applicant made a significant contribution and has proven to be instrumental to the business plan and was not added to an existing business plan primarily for the purpose of facilitating investment.

Innovator Founders can work as a sole founder, or together as part of a founding team, providing they are a leading and instrumental member of the founding team.

Applications for Innovator Founder visas are to be made from outside the UK, but it is also possible to switch into the Innovator Founder visa category from within the UK provided an applicant does not hold status of a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules.

Once approved, applicants are permitted to engage in additional employment and can also pursue a course of study whilst operating and managing their business. Innovator Founder visas are valid for 3 years and can lead directly to indefinite leave to remain in the UK at the end of this period.  Applicants can bring their partner and any children under the age of 18 to the UK.

Am I eligible for the Innovator Founder visa?

To meet the general requirements;

• You must be at least 18 years old;
• You must have an endorsement letter from an approved UK endorsing body that confirms that:
• You are a fit and proper person to receive endorsement under the Innovator Founder route;
• The endorsing body has no concerns over the source of any funds invested into your business;
• The endorsing body has no reason to believe that you or your business may be the beneficiary of illicit or unexplained wealth;
• You have a business plan and you either generated or made a significant contribution to the ideas in that business plan;
• You will have a day-to-day role in carrying out the business plan;
• You will have at least two Contact point meetings with the endorsing body at regular intervals;
• You are either the sole founder or an instrumental member of the founding team; and
• You have an innovative, viable and scalable business venture;
• Your endorsement letter was issued not more than 3 months before the date of your Innovator visa application;
• You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking);
• If you are outside the UK or have been in the UK for less than 12 months, you have at least £1270 to support yourself, plus £285 for a dependent partner, £315 for a first child and £200 for each additional child;
• Your application does not fall for refusal on general grounds for refusal;
• You have provided a TB test certificate, if required.

The endorsement process for applicants

The following is a list of Endorsing Bodies that have been approved by the Home Office to issue an endorsement letter in connection with an application under the Innovator Founder route:

• Envestors Limited
• UK Endorsement Services
• Innovator International
• The Global Entrepreneurs Programme (GEP) (GEP can only endorse applicants who have already been invited to participate on their programme)

Previous Endorsing Bodies, known as ‘Legacy Endorsing Bodies’, may continue to support those Innovators who were endorsed under the former Innovator Rules (Start Up and Innovator) until they reach Indefinite Leave to Remain. If an applicant was endorsed before 13 April 2023 by a ‘Legacy Endorsing Body’ then they will be permitted to rely on that endorsement and do not need to apply to one of the above approved endorsing bodies, provided that the endorsement letter is dated before 13 April 2023.

The application process for the Innovator Founder visa

Applicants must be awarded a total of 70 points for meeting certain criteria: business, knowledge of English, and financial requirement.

Of the 70 points, 50 will be awarded for the business plan, whether this is for a new business or the applicant is continuing in the same business.

New Business Criteria

Applicants will be awarded 30 points for their business plan if they can demonstrate the following:

• They have a business plan, where they have generated or at least made a significant contribution to the ideas contained within that plan;
• They will have a day-to-day role in carrying out the business plan;
• Confirm that they will have at least two contact point meetings with their endorsing body at regular intervals during their grant of leave (where a contact point meeting is essentially a checkpoint assessment between the applicant and endorsing body to assess progress against the applicant’s business plan); and
• Be either the sole founder or an instrumental founding team member.

Applicants will be awarded a further 20 points for having an innovative, viable and scalable business concept evidencing

• A genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage;
• be realistic and achievable based on the applicants available resources
• demonstrate that the applicant holds or is actively developing the necessary skills, knowledge, experience and market awareness whist addressing scalability , producing evidence of structured planning and of potential for job creation and growth into national and international markets.

Whilst applicants will not be required to show a minimum amount of funds they have access to, the business plan must still demonstrate that they do have sufficient and available funds to realise the plan, regardless of the level of funds this may be.

Same Business Criteria

To be awarded points under these criteria, the applicant must demonstrate the following:

• The business was previously assessed by an endorsing body;
• The business is registered with Companies House and the applicant is listed as a director or member of the business;
• The business is active and trading, and is showing achievement against the goals set out in the initial business plan; and
• The applicant has an active day-to-day role in the management and development of the business.

Applicants applying for permission to remain in the UK under the Innovator Founder route must hold valid permission under one of the relevant routes, such as Innovator, Innovator Founder, Start-Up or Tier 1 (Graduate Entrepreneur).

English Language Requirement

Applicants to the Innovator Founder route will be required to demonstrate English Language ability of at least Level B2, under the Common European Framework of Reference for Languages, unless an exemption applies. Nationals of a majority English-speaking country will be exempt from this requirement.

Applicants who were previously issued at least a degree-level certificate for a course taught in English will be able to rely on their certificates as evidence of their ability. Alternatively, applicants can undertake a test with a Home Office-approved test provider; applicants will be tested on their reading, writing, speaking and listening abilities.

Financial Requirement

Applicants who have been living in the UK for at least 12 months at the time of their application will be exempt from the financial requirement. Those who do not meet these criteria or apply from outside the UK will be required to demonstrate they have sufficient funds to support themselves and any dependant family members.

The relevant levels for Innovator Founder applicants are currently:

• £1,270 for the main applicant
• £285 for a dependant partner
• £315 for a first child
• £200 for each subsequent child

The funds must have been held in the applicant’s account for at least 28 days preceding the date of the application.

Conditions of stay in the UK

As an Innovator Founder Visa holder, applicants will need to abide by various conditions of stay.

All Innovator visa holders will be expected to work for the business or businesses that they have established.  You will be permitted to engage in employment outside the running of the core business, provided any such secondary employment is in a skilled role (i.e. skilled to at least RQF Level 3).

Furthermore, all applicants will be required to have at least two contact point meetings with the relative endorsing body to assess progress against the accepted business plan.

The endorsing body will need to be satisfied that all visa holders are continuing in genuine pursuits of the business venture and have demonstrated reasonable progress in relation to either the original or a new business idea that is innovative, scalable and viable.

Indefinite leave to remain (settlement) ( PR ) as an Innovator Founder will be granted after spending 3 years in the Innovator Founder Visa category with continued successful endorsement.

Can family members of Innovator Founder visa holders apply for visas

The partner and children of an Innovator Founder visa holder will be able to apply for visas as their dependents. The partner and children will be required to demonstrate their relationship with the visa holder through birth and marriage certificates, or any other additional information that may be required.

Ordinarily, the children must be under the age of 18; however applications from older children may be eligible if the applicant’s reliance on their parents can be demonstrated. Applications from children older than 16 years of age must also be accompanied by evidence of the child’s reliance on their parents.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.