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The Start-up Visa offers an opportunity for innovative individuals to come to the UK and develop their idea for a business in the UK.
If you have an idea that you believe is innovative, viable, scalable, contact our team of immigration lawyers today for a confidential discussion about how we can help you achieve your goals.
Note: The Start-Up visa route will no longer accept new applications after 13 July 2023. Applications made before then must have an endorsement from an authorised body issued before 13 April 2023. If you wish to immigrate to the UK to start a business, you can instead apply for the Innovator visa (now known as the Innovator Founder visa).
The Start-Up Visa was designed to support talented overseas individuals to develop their idea for a business in the UK.
It is not a requirement to be a graduate or to have available funds in order to apply for this visa.
The category is for businesses in an early stage of development that can demonstrate high potential. It is permissible for individuals to have already set up their business, but it should not have commenced trading yet (with some exceptions).
The old Tier 1 Entrepreneur Visa has been replaced by the Start-up Visa and the Innovator Visa routes.
The visa can only be issued once and cannot be extended. However, it may be possible for eligible individuals to switch to the Innovator Visa category at the end of the term of the two-year visa.
As a high-value visa, the time spent on this visa can be used towards permanent settlement in the UK (also known as indefinite leave to remain(ILR)).
One of the primary requirements of the Start-Up Visa is that visa applicants must hold an endorsement from an approved endorsing body.
Another key requirement is that the idea must demonstrate innovation, viability, and scalability.
For more information on the Start-Up Visa eligibility, application help, and how our immigration lawyers can help you, continue to read on.
The Start-Up Visa is a popular visa category and has a high threshold of eligibility. This means that you should be prepared to submit extensive evidence to demonstrate your suitability.
According to UK Visas and Immigration (UKVI), individuals eligible to apply include the following categories:
You can be considered if you are:
Depending on their circumstances, visa applicants may need additional evidence to prove to the Home Office that they are eligible to submit a visa application.
It is recommended to consult with an experienced immigration lawyer to help you prepare the strongest application.
There are a number of requirements for this route and it is important to ensure that you meet the requirements before submitting an application.
As well as the eligibility criteria outlined already, the endorsement requirement is a primary feature of this visa.
This is the current list of endorsing bodies and one of these must approve your business idea before it can be considered as part of your visa application.
According to the Home Office, organisations have the ability to set their own criteria in relation to what constitutes a genuine original business idea that fulfils new or existing market needs.
If your idea is approved, the endorsing body will issue a letter which can then be submitted with your visa application. The organisation will get in contact with you after six, 12, and 24 months to review your progress according to your business goals.
The requirements by which endorsing bodies will assess your business idea are:
The business may fall under any sector without restriction, but you should have the appropriate knowledge, experience, and market awareness to develop the business.
It is possible for you to continue work with another business outside of the main idea, however the endorsing body must be satisfied you will have an adequate amount of time to develop the business.
It can be difficult to identify the most appropriate endorsing body. If you choose to work with WMYV immigration lawyers, we can work with you to introduce you to the organisation that most closely matches your business idea and circumstances.
The Home Office will not provide advice on the endorsing body you should choose.
An organisation may submit a request to the Home Office to become an endorsing body. They must have a proven track record of supporting UK entrepreneurs and providing guidance in developing business ideas.
Many of the endorsing bodies are universities, investment businesses, innovation hubs, business incubators, accelerator businesses, or business support services.
It is recommended to view the information provided about each endorsing body and to undertake some research into the most appropriate organisation.
The visa does not lead to indefinite leave to remain (ILR) by itself. However, it can be used in conjunction with the Innovator Visa.
If you hold the visa for two years and successfully apply for the Innovator Visa, you may be eligible to apply for ILR at this time if you meet the requirements. After holding ILR for one year, you may be eligible to apply for British citizenship.
However, there are a number of conditions that must be met in order to secure ILR after holding the Start-Up and Innovator Visas. These include remaining in contact with your endorsing body and providing evidence that you have made progress on your business venture.
Further information can be found on the Innovator Visa page.
If your application for a Start-up Visa is refused, you may be able to request an administrative review of the decision, but it is normally not possible to repeal the rejection of a Start-up Visa.
Below are the recommended steps to take if your Start-up Visa is rejected (please note that you should always consult a qualified solicitor about your individual case):
Start-up Visas can be complex and it is recommended to work with a dedicated immigration adviser to maximise your chance of a successful application and avoid getting a rejection.
It is not possible to extend the Start-up Visa as it is issued on a one-time only basis. However, it may be possible to switch to the Innovator Visa category instead.
You can switch to this category if you meet the eligibility requirements:
You must be able to prove to the Home Office that you have held at least £1,270 in your bank account for at least 28 consecutive days prior to applying or switching to this visa.
You may be able to create a partnership of Innovator applicants if you meet certain criteria.
Start-up visa applications can be complex, and using the services of an immigration expert is highly recommended. You will need to ensure that you meet all of the mandatory requirements and complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.
Our team of specialist immigration advisers can guide you through each step of your application process.
Reach out to us for more information or to see how we can help you?
To apply for the visa, you should expect to pay the following rates according to your circumstances:
There may be additional fees, including the immigration healthcare surcharge, biometric information fees, and costs of obtaining/ translating documents for submission.
If you apply for this visa, statistically, you may be likely to have your application granted.
In 2019, there were 249 decisions issued, with a success rate of 93.17%.
In 2020, there were 323 decisions, with a success rate of 97.21%.
The Start-up Visa application is very complex and requires a high amount of evidence and preparation. Our immigration lawyers have experience completing applications for this visa.
Our expert services mean that your lawyer will fully prepare you for your Home Office interview and review your business plan alongside business plan specialists. Contact us today to get started.
Our services include:
For advice on your current situation, or to find out if you are eligible, contact us today or make an enquiry online.
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