Startup & Innovator

The UK Start-up is suitable for high potential entrepreneurs seeking to start a business for the first time in the UK.

The new business should not have started trading. The only exception is if the applicant has already been granted leave under the Start-up or Tier 1 (Graduate Entrepreneur) categories, or under the Tier 4 doctorate extension scheme.

Alternative Routes:

• If you want to join a trading business – Tier 2 General Skilled Worker Visa;
• Experienced businessperson seeking to establish a business in the UK – Innovator Visa;
• You are a senior employee of an overseas business looking to establish a commercial presence in the UK – Sole Representative of an Overseas Business Visa;
• If you want to invest in a trading business – Tier 1 Investor Visa route;

When you apply for a UK Start-up visa you will not need any funds to invest in your business. However, you must be able to demonstrate that you have a ‘viable’ and ‘scalable’ business idea; which in practice, may mean you need to have funds available to invest to satisfy this requirement. Indeed certain endorsing bodies will require some funding as a condition of endorsement.

For an endorsing body to approve your business proposal you (and any other person, if you are part of a team) will need show that your business idea meets all of the following:

• • Scalability: the business plan demonstrates the potential for job creation and national growth.
  • Innovation: the business is genuine, meets new or existing market needs and/or creates a competitive advantage;
  • Viable: you will spend the majority of your time in the UK actively develop the business and possess the necessary skills, knowledge, experience and market awareness to successfully run the business;

The Home Office has published a list of endorsing bodies for Start-up visa applications.  This list contains links to the websites and details of the application process and endorsement criteria.

AiB can assist overseas entrepreneurs to prepare UK Start-up visa applications and assist in introducing you to an endorsing body via direct contact with investment panel members as well as promoting transparent and timely decision-making, to help in a UK Start-up visa endorsement.

Applications to switch to the UK Start-up visa category from within the UK are possible, if your last grant of leave to remain was as:

• • • • Tier 1 Graduate Entrepreneur (if you have not been granted 2 years’ leave in the category)
      • Tier 2 General
      • Tier 2 ICT Skilled Worker
      • Tier 4 General Student
      • Prospective Entrepreneur.

The Immigration Rules are prescriptive in what information must be included in the letter issued by a UK Start-up visa endorsing body and must be submitted as part of your Start-up visa application.

Seeking legal advice to ensure that your endorsement letter satisfies the requirements of the rules would be prudent.

The UK Start-up visa is usually valid for 2 years.  If you had leave as a Tier 1 Graduate Entrepreneur previously, then you can expect to be granted additional leave up to the maximum combined 2-years.

Your partner and any children under the age of 18 may accompany or join you as your dependant(s).

Applying for an extension or settlement at the end of your 2 year UK Start-up visa is not possible.

However, you can apply for further leave to remain under the Innovator category if you intend to continue developing your business; after a further 3 years, you can then apply for settlement.

Remaining in contact with the endorsing body, who will conduct checks at 6 and 12 months periods to be satisfied that you continue to work on the business venture and can show reasonable progress of the original or a new business idea. Endorsements can be withdrawn, leading to a curtailment of leave if this is not demonstrated. There are other conditions that you will need to satisfy and should take legal advice.

You are not required to spend any specific period of time in the UK. You will be allowed to undertake employment other than working for the business.

AiB can assist overseas entrepreneurs to prepare UK Start-up visa applications and assist in introducing you to an endorsing body via direct contact with investment panel members as well as promoting transparent and timely decision-making, to help in a UK Start-up visa endorsement.