The Start-up visa is essentially for new entrepreneurs who want to start up a new business in the UK. In order to set up the business, you do not need to be a graduate from university or have any initial funding. But you will need to show an innovative business idea which has been approved by an endorsing body.
A Start-up visa is fundamentally a one-off visa and is valid for a duration of 2 years. However, this visa category does not enable a person to settle in the UK. In addition, Start-up vias holders can extend their stay under the Innovator visa category and will be able to qualify for a ILR three years later. An applicant for a Start-up visa is
In addition, there are also other alternatives that a person can consider instead of the Start-up visa category. For an experienced business individual who wants to set-up a business in the UK then the Innovator visa may be more appropriate. Moreover, for a person who wants to invest in an already trading business then the Tier 1 Investor visa route would be suitable. That person who is a senior employee of an overseas business and wants to establish a commercial presence in the UK may wish to consider the Sole Representative of an Overseas Business visa. If a person wants to join an already trading business, then the Skilled Worker visa would be a good choice for them.
For a person to be entitled to a Start-up visa they will need to satisfy the following requirements:
We recommend speaking to an Immigration lawyer for expert advice in regard to the requirements that you will need to satisfy. This is because, the requirements are not the same for every person but would depend on the conditions of your individual case.
You can discuss your UK Start-up visa application with one of our expert Immigration Solicitors on 0207 100 2525
An applicant for a Start-up visa will not be required to have any funds to invest into their business. In addition, an applicant just needs to show that they have a ‘viable’ and ‘scalable’ business idea. Therefore, this does mean you will need to have funds available so that you will be able to invest into your business. It is possible that some endorsing bodies will require you to have a specific level of funding.
There are three requirements that you must ensure that your business idea satisfies, the requirements are outlined below:
The Home office has issued a whole list of endorsing bodies for start-up visa applications. Furthermore, this list contains the names of all the currently approved Start-up visa endorsing bodies and links to their websites. Moreover, the list includes the details of the application process and endorsement criteria for all of the approved Start-up visa endorsing bodies.
An endorsing letter will be sent to you if your business satisfies all of the Start-up requirements, and the endorsing body will be accountable for checking how the business is performing at regular periods of time. Moreover, an applicant for a Start-up visa will not be able to submit their application without an endorsing letter.
An individual who is applying for a Start-up visa will have to obtain an endorsement letter from a approved Home Office endorsing body. The endorsing bodies are either approved higher educational institutes or they
are business organisations.
The guidance provided by the Home Office outlines that endorsing bodies must have a recognised record of helping UK entrepreneurs and they must be able to consider business plans from the endorsement requirements which are set out in the Immigration rules.
An applicant will need to make sure that they satisfy the additional Home office requirements which are in addition to the general requirements for the Start-up visa. A person applying for a Start-up visa will have to prove that they show a in tension to undertake and can undertake the business which they have set out both in their business plan and in their application.
Furthermore, an applicant’s work history, education and Immigration history will all be considered by the Home office in order to show that the applicant is genuine. Hence, it is especially important that an application for a Start-up visa is properly prepared.
Applicants can note that all the business visa categories have complicated guidance notes which instruct applicants on specific documents which are required as evidence to show eligibility and hence if an applicant fails to follow these guidelines in their application it will mean their application may refused by the Home Office.
At Adam Bernard Solicitors, our Immigration Solicitors help entrepreneurs from across the world to successful prepare their start-up visa applications. Furthermore, at Adam Bernards we act as a trusted introducer to various endorsing bodies, and we ensure that eligible clients can get into direct contact with investment panel members.
Usually when individuals make a Start-up visa, it is made from outside the UK, however it is possible to switch to a Start-up category from within the UK. But you cannot switch within the UK if you were not previously granted permission as a Short-term Student, visitor, Seasonal worker, Parent of a Child Student or Domestic Worker who works in a Private Household.
In order to apply for Start-Up visa, it is not essential for you to be the sole founder of your business but rather you may be a member of a start-up team. Therefore, you are able to share the same business idea and plan as another member of the start-up team. However, it is essential that each applicant must have got their own endorsement from an endorsing body.
Once your Start-up visa endorsing body is accepted, then you will receive a Start-up visa endorsement letter. You are required to submit this letter with your Start-up visa application. Strict rules can be found in the Immigration Rules about what information that must be contained within the start-up endorsement letter. Consequently, you can get advice from an Immigration solicitor in order to ensure that your endorsement letter meets the immigration rules.
Once your Start-up visa has been granted by the Home Office it will be valid for a duration of two years. However, if you were previously granted leave as a Tier 1 Graduate Entrepreneur, then this will mean you will be given a leave for a maximum of 2 years.
You cannot extend a Start-up visa and a Start- up visa holder cannot apply for settlement especially as they are not eligible for settling in the UK. Nevertheless, by the end of the two years you can apply for further leave to remain under the Innovator category so that you can continue to develop and grow your business. Additionally, under the Innovator category a person can apply and be granted settlement after a further 3 years.
Once you have been granted your Start-up visa, you will be allowed to carry out employment other than working for the business that you have established. Furthermore, you will not be required to spend any specific duration of time in the UK.
You will need to ensure that you stay in constant contact with your endorsing body and have checkpoints of 6 months and 12 months. It is important to show your endorsing body that you are constantly working on your business. This is because, your endorsing body will have to be convinced that you have shown satisfactory progress in your original or a new business concept. Consequently, your endorsement could be withdrawn, or your leave could be reduced if you’re the above condition is not met. Furthermore, it is permissible for your partner or any children under the age of 18 to join you in the UK as your dependant(s).
Our team of Immigration Solicitors are experienced in assisting with all types of Start-up businesses. After your business idea has been endorsed by an endorsing body, our solicitors at Adam Bernards will guide you through the complicated home Office rules in order to ensure that your Start-up application is successful and is accepted.
Our Immigration Solicitors can help with you the following:
You have the potential option to include a detailed and original business plan in your Start-Up visa application. At Adam Bernard Solicitors, our Immigration Solicitors will help you to find a qualified and professional business plan writer especially as we are able to instruct the writer to make the business plan directly for you. Furthermore, we will ensure to constantly communicate with the plan writer so that your business plan will satisfy all the requirements of the Immigration Rules.
As part of your application, you will need to make it clear to the Home Office that you have a genuine intention to undertake any work or business activity in the UK. Therefore, the Home Office will ask you to attend a Credibility Assessment interview so that you are able to satisfy this requirement of your application.
We will provide you with some One-to-One sessions that will include the following:
As a Start-Up visa holder, you can make an application for further leave to remain in the innovator category which will help you to continue working on your business. By making this application, you will be able to get settlement in the UK after a further 3 years.
You will have to meet the following requirements in order to establish that you are eligible for this application:
is active currently, your trading is sustainable for at least the next 12 months, you have an active role in the everyday management of the business and your entire working time in the UK will be used to develop your business projects.
You will need to satisfy the following conditions in order to be eligible for indefinite leave to remain as an innovator:
is active currently, your trading is sustainable for at least the next 12 months, you have an active role in the everyday management of the business and your entire working time in the UK will be used to develop your business projects.
Your application for entry clearance or leave to remain or settlement can be rejected by the Home office, if this does happen then our Immigration Solicitors can provide you with advice on the merits of making a new application or challenging your current application.
Our Immigration Solicitors can challenge the decision of your Start-Up visa if the decision maker has not applied the Immigration Rules or Home Office policy correctly and we can then proceed to make Administrative Review Proceedings. In addition, if the decision of your Start-Up visa application was unlawful, unreasonable, or procedurally improper, then our Immigration solicitors can apply for Judicial Review, and they can represent you at the Judicial Review hearings.
Currently, the UK wants entrepreneurs and those people with business ideas and skills to set-up