This article outlines everything that applicants should know regarding the requirements for the Start-up visa.
The start-up route is open to applicants who:
- are looking to establish a business in the United Kingdom for the first time;
- are the founders of their business, relying on their own business plans;
- have an innovative, viable and scalable business idea;
- are supported by an endorsing body;
- are 18 years old or over; and
- will not be employed as doctors or dentists in training or as professional sportspeople.
This route offers up to two-years' leave and does not lead directly to settlement in the United Kingdom; however, applicants may progress to the Innovator category. There is no minimum investment funding requirement and the applicant need not be the sole founder of the business.
Applicants must have an appropriately issued endorsement from a Home Office-approved endorsing body for this category.
The endorsing body must:
- stay in contact with those whom they have endorsed at checkpoints six and 12 months after the application has been granted;
- inform the Home Office if, at these checkpoints, the applicant has not made reasonable progress with their original business venture and is not pursuing a new business venture that also meets the endorsement criteria;
- withdraw its endorsement if checkpoint requirements are not complied with, unless it is aware of exceptional and compelling reasons not to do so. The Home Office must be made aware of these reasons; and
- inform the Home Office if it has any reason to believe that the endorsed individual breaches any of their conditions of stay.
Immigration permission under the Start-up visa category will be cut short if an endorsing body withdraws its endorsement of an individual migrant or if it loses its status as an endorsing body for this category.
Applicants must demonstrate support from an endorsing body listed on the government website through a letter containing:
- the endorsing body's name;
- an endorsement reference number;
- the date of issue (no earlier than three months before the application date);
- their name, date of birth, nationality and passport number;
- confirmation that they have not previously established a business in the United Kingdom, unless they were previously in the United Kingdom under the Start-up, Tier 1 (Graduate Entrepreneur) or Tier 4 (General) (doctorate extension scheme) categories;
- a short description of their business and the main products or services that it will provide to customers; and
- confirmation that they meet the innovation, viability and scalability requirements:
- Innovation – a genuine, original business plan that meets new or existing market needs or creates a competitive advantage.
- Viability – the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run their business. This criterion will be met only if the business is realistic and achievable based on the applicant's available resources.
- Scalability – there is evidence of structured planning and potential for job creation and growth into national markets.
Applicants whose previous grant of leave was under the Tier 1 (Graduate Entrepreneur) visa, and whose endorsement is from the same endorsing body as that which led to the grant of that leave, must instead confirm that their venture is genuine and credible as follows:
- They must provide the name and contact details (eg, telephone number, email and workplace address) of an individual at the endorsing body who will verify the contents of the letter to the Home Office if requested.
- The endorsing body must also be reasonably satisfied that the applicant will spend most of their working time in the United Kingdom on developing business ventures.
The endorsing body must not have withdrawn support by the time that the application is considered by the Home Office. Successful applicants can change their business venture during their leave with approval from the endorsing body. This will not require a fresh endorsement or a new visa application. In a future immigration application to the Innovator category, those who change businesses will need only to meet the 'same business' criteria for extension and will not need to show the proof of £50,000 in funding that is required for 'new business' applications.(1)
Genuineness and other considerations
In addition to the requirement for endorsement, the Home Office will make its own assessments in relation to an applicant's:
- ability and intention to establish a business in the United Kingdom;
- intention to comply with their immigration conditions; and
- intention to use any relevant investment funds for the purposes set out in their application, and to those funds being available as claimed.
The Home Office can ask for further information or evidence from the applicant or the endorsing body and may refuse the application if it is not satisfied that the endorsement was issued appropriately.
Applicants in the Start-up category must also meet an English-language requirement, which is set at Level B2 of the Council of Europe's common European framework for language and learning, as well as a cash fund maintenance requirement of £945 and £630 for any dependants.
Endnotes
(1) For further information please see "Factsheet - Innovator Visa".
