Overview of the Innovator Founder Visa
The Innovator Founder visa is designed for entrepreneurs who want to establish and develop an innovative business in the UK. The route is intended for individuals with a genuine business idea that is innovative, viable and scalable, rather than simply for people who want to become self-employed or start a conventional business.
Applicants must normally obtain an endorsement from an approved endorsing body before applying. The endorsement is an important part of the application because it confirms that the proposed business and the applicant meet the requirements of the Innovator Founder route.
The route can also provide a pathway to settlement for eligible applicants who successfully establish and develop their business in the UK.
Who Can Apply for an Innovator Founder Visa?
The Innovator Founder route may be suitable for an individual who wants to establish a business in the UK and has developed or made a significant contribution to the business idea.
Applicants must be at least 18 years old and must satisfy the relevant immigration requirements.
For a new business, the applicant will generally need to demonstrate that:
- They have a genuine business plan
- The business idea is innovative
- The business is viable and realistically achievable
- The business has potential for growth
- The applicant has the necessary skills, knowledge and experience
- The applicant will have an active role in the business
- The applicant has obtained the required endorsement
The business should address a new or existing market need or create a competitive advantage. The Home Office also expects evidence that the business has potential to create jobs and expand into national or international markets.
Innovative, Viable and Scalable Business
The three key characteristics of an Innovator Founder business are that it must be innovative, viable and scalable.
Innovative
The business should offer something genuinely different rather than simply replicating an existing business model with minor changes.
The business plan should explain what is innovative about the proposed product, service or business model and how it addresses a market need or creates a competitive advantage.
Viable
The business idea must be realistic and achievable based on the applicant’s available resources.
The applicant should be able to demonstrate that they have the knowledge, experience and skills necessary to develop the business successfully.
Scalable
The business should have realistic potential for growth.
This can include potential to expand within the UK, enter international markets and create employment. The business plan should therefore explain how the business is expected to develop rather than simply describing the product or service.
Endorsement
Most Innovator Founder applicants need an endorsement from an approved endorsing body.
The endorsing body assesses the business proposal and the applicant’s role in developing it. For a new business, the endorsement must support the business plan and confirm that the venture meets the relevant requirements.
The endorsement must normally be issued no more than three months before the visa application.
Applicants should therefore consider the endorsement process carefully before submitting the visa application. A strong business concept alone does not guarantee an endorsement.
Your Role in the Business
The Innovator Founder route is intended for founders who have a genuine and active role in their business.
Applicants must be involved in the day-to-day management and development of the business. The rules also require the applicant to be the sole founder or an instrumental member of the founding team in the relevant circumstances.
The route is therefore not designed simply for someone who wants to invest money in a UK company without actively participating in its development.
Financial and English Language Requirements
Applicants must normally meet the English language requirement. Under the current rules, this is generally at least B2 level in reading, writing, speaking and listening unless an exemption applies.
Applicants who need to demonstrate maintenance funds generally need to show at least £1,270 in personal savings held for the required 28-day period. Different rules may apply where the applicant has already been in the UK for at least 12 months on qualifying permission.
The funds used to satisfy the personal maintenance requirement cannot simply be replaced by the business’s investment funds.
Running an Existing Business
The route can also apply to individuals continuing with a business that was previously endorsed under a qualifying immigration route.
In these circumstances, the requirements differ from those for a completely new business. The applicant may need to demonstrate that the business is active, trading and sustainable and that significant progress has been made against the business plan. The business must also meet the relevant registration requirements.
What the Innovator Founder Visa Allows
An Innovator Founder visa holder can work on their endorsed business and may also undertake other permitted work.
The route provides flexibility for founders to develop their business without being tied to a conventional sponsored employment arrangement.
Eligible applicants may also be able to bring their partner and dependent children to the UK, subject to the relevant requirements and separate applications.
Settlement
The Innovator Founder route can lead to settlement.
Eligible applicants may apply for indefinite leave to remain after three years on the Innovator Founder or qualifying predecessor route, provided they satisfy the settlement requirements.
These include requirements relating to continuous residence, the Life in the UK requirement and the continued development and success of the business. An additional endorsement confirming that the business has met the relevant growth requirements is required.
Common Issues with Innovator Founder Applications
Applications can become difficult where the business plan does not clearly demonstrate innovation, viability or scalability.
Other potential issues include:
- An unclear or incomplete business plan
- Insufficient evidence of the applicant’s role
- A lack of evidence supporting the market opportunity
- Concerns about the applicant’s ability to develop the business
- Problems obtaining an endorsement
- Insufficient financial evidence
- Failure to meet English language requirements
- Inconsistencies between the endorsement and visa application
Professional advice can help identify these issues before an application is submitted.
How We Can Help
SWM Solicitors can advise entrepreneurs considering the Innovator Founder route and help them understand the immigration requirements that apply to their proposed business.
Our assistance can include:
- Assessing eligibility
- Reviewing the proposed business structure
- Advising on the immigration requirements
- Reviewing business-plan evidence
- Advising on endorsement requirements
- Reviewing supporting documents
- Preparing and reviewing the visa application
- Advising on dependant applications
- Advising on extensions
- Advising on settlement