START-UP VISA
Since 13 July 2023, the Start-up Visa route has been closed to new applications. Start-up entrepreneurs who are looking to establish a business in the UK and who have not yet been endorsed may qualify for an Innovator Founder Visa instead. If you are interested in setting up a new business in the UK, or you own an existing UK business, you may also be eligible for a Skilled Worker visa via self-sponsorship, that is by being sponsored by your own UK company.
The UK Start-up visa is for individuals who are new entrepreneurs and want to establish a business in the UK for the first time. You do not need to be a graduate or have secured any initial funding. However, you will need to have an innovative, viable and scalable business idea which has been approved by an endorsing body.
Start-up visas are one-off visas, valid for 2 years and the category does not lead directly to settlement in the UK. However, Start-up visa holders may extend their stay in the Innovator visa category and qualify for ILR three years later. Start-up visa applicants can bring their partner and any children under the age of 18 to the UK.
Who is the Start-up visa suitable for?
The Start-up visa category is suitable for early-stage, but high potential, entrepreneurs who are looking to start a business in the UK for the first time.
Generally, Start-up visa applicants will not already have started setting up their business in the UK. However, where they have, the new business should not yet have started trading. The only
exceptions to this are 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.
If you are an experienced businessperson seeking to establish a business in the UK then the Innovator visa may be more appropriate. If you wish to join an already trading business then the Skilled Worker visa may be more appropriate. If you wish to invest in an already trading business then you may wish to consider the Tier 1 Investor visa route. If you are a senior employee of an overseas business looking to establish a commercial presence in the UK then you may like to consider the Sole Representative of an Overseas Business visa.
Requirements for a Start-up visa
In order to qualify for a Start-up visa you will need to satisfy UK Visas and Immigration that:
- You are at least 18 years old;
- You have not previously established a business in the UK (unless you previously held leave as a Tier 1 Graduate Entrepreneur);
- You have been endorsed by an approved UK endorsing body that has assessed your business idea for innovation, viability and scalability and is satisfied that you will spend the majority of your working time in the UK on developing your business venture;
- Your endorsement letter was issued not more than 3 months before the date of your Start-up visa application;
- You genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application;
- You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking);
- If you are outside the UK or have been in the UK for less than 12 months then you have at least £1270 to support yourself, plus £285 for a dependent partner, £315 for a first child and £200 for each additional child.
The exact requirements that you will need to satisfy may vary depending on the circumstances of your case. We recommend speaking to an immigration lawyer for expert advice.
To discuss your UK Start-up visa application with one of our business immigration barristers, contact our Start-up visa lawyers on 0203 617 9173 or complete our enquiry form below.
Investment funds requirement for a Start-up visa
Start-up visa applicants do not need any funds to invest in their business. However, the requirement to have a ‘viable’ and ‘scalable’ business idea means that, in practice, you may need to have funds available to invest. Some endorsing bodies require a certain level of funding as a condition of endorsement.
Endorsement criteria for a UK Start-up visa
In order for your business proposal to be endorsed, an approved endorsing body will need to be satisfied that your business idea meets all of the following criteria:
- Innovation: You have a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage;
- Viability: You have, or are actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business;
- Scalability: Your business plan has potential for job creation and growth into national markets.
The endorsing body will also need to be satisfied that you will spend the majority of your working time in the UK on developing business ventures.
List of approved Start-up visa endorsing bodies
The Home Office has published a list of endorsing bodies for Start-up visa applications. This list of endorsing bodies contains the names of all currently approved Start-up visa endorsing bodies, as well as links to their websites and, where available, details of their application process and endorsement criteria.
Obtaining a Start-up visa endorsement
Our immigration barristers assist entrepreneurs from around the world to prepare successful Start-up visa applications. We can also assist applicants to secure Start-up visa endorsement. Richmond Chambers is a trusted introducer to several endorsing bodies, ensuring eligible clients direct contact with investment panel members as well as transparent and timely decision-making.
- A Guide to the UK Start-up Visa
- Requirements for the new Innovator & Start-Up Visas
- How to switch from a Tier 1 Graduate Entrepreneur to a Start-up Visa
Switching into the Start-up visa category
Applications for Start-up visas can be made from outside the UK, but it is also possible to switch into the Start-up visa category from within the UK provided you do not have, or were not last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules.
Joining an existing business
The Start-up visa category is for people seeking to establish a new business in the UK for the first time. If you are looking to join an existing business then the Start-up visa category is not an appropriate immigration route.
Applying for a Start-up visa as part of a team
You do not need to be the sole founder of your business and may be a member of a Start-up team. This means that you may share the same business idea and plan as another Start-up team member. However, each applicant must receive their own individual endorsement from an approved endorsing body.
Start-up visa endorsement letter
If your application to be endorsed by a Start-up visa endorsing body is approved, you will be issued with a Start-up visa endorsement letter. This letter must be submitted as part of your Start-up visa application. The Immigration Rules contain strict requirements in terms of the information that must be included in a Start-up visa endorsement letter. Advice from an immigration lawyer will ensure that your endorsement letter satisfies the requirements of the rules.
Visa validity period
Your initial Start-up visa will be valid for 2 years, unless you were previously granted leave as a Tier 1 Graduate Entrepreneur, in which case you will be granted leave for a period that will take you to the maximum 2-year limit.
Extending a Start-up visa and applying for ILR
It is not possible to extend a Start-up visa and Start-up visa holders are not eligible for settlement. However, at the end of 2 years you will be able to apply for further leave to remain in the Innovator category in order to continue developing your business. The Innovator category can lead to settlement after a further 3 years.
What else do I need to know?
As a Start-up visa holder you will not be required to spend any particular amount of time in the UK and you will be permitted to undertake employment other than working for the business or businesses that you have established.
However, you will need to stay in contact with your endorsing body with checkpoints at 6 and 12 months. The endorsing body will need to be satisfied that you are continuing to work on your business venture and have demonstrated reasonable progress in relation to either your original or a new business idea. Your endorsement may be withdrawn and your leave curtailed if this is not the case. You will also need to abide by various other conditions of stay.
Your partner and any children under the age of 18 may accompany or join you as your dependant(s).
How our immigration barristers can help
Richmond Chambers is widely recognised as one of the UK’s leading immigration practices for Start-up businesses. The work of our immigration barristers on behalf of startups has been recognised through membership of the Investment Migration Council and the Department of International Trade’s Investor Support Network.
Our team of immigration barristers has experience in assisting all types of start-up businesses. Once your business idea has been endorsed by an approved endorsing body, our barristers will guide you through the complex Home Office rules and policies to ensure a successful Start-up visa application.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to startups as part of a professional and friendly service.
We can also assist with
-
Drafting a Start-up visa compliant business plan
As part of your Start-up visa application, you may wish to include a detailed, genuine and original business plan. Our immigration barristers can assist you to identify a suitably qualified professional business plan writer, instruct the business plan writer on your behalf and then liaise with the plan writer to ensure that your Start-up visa business plan satisfies the requirements of the Immigration Rules.
-
Credibility assessment interview preparation for Start-up visa applicants
Even if you have obtained an endorsement, you will still need to satisfy the Home Office that you genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application. As part is its credibility assessment, the Home Office may invite you to attend an interview.
Our Credibility Assessment Interview Preparation sessions include:
- Advice as to potential interview questions;
- One-to-one interview practice with an immigration barrister;
- Constructive feedback on all aspects of your performance;
- Advice and tips on further preparation and how to improve on any weak areas;
- Time for you to ask questions and/or address any other concerns that you have about your credibility assessment interview.
-
Applications for extension of stay as an Innovator
After you have completed 2 years as a Start-up visa holder, you will be able to apply for further leave to remain in the Innovator category in order to continue developing your business. The Innovator category can lead to settlement in the UK after a further 3 years.
In order to qualify for further leave to remain as an Innovator in order to continue pursuing the same business venture as in your initial application you will need to satisfy UK Visas and Immigration that:
- You are at least 18 years old;
- You have been endorsed by an approved UK endorsing body that is satisfied that you have shown significant achievements judged against the business plan assessed in your previous endorsement, you are registered with Companies House as a Director or Member of your business, your business is active, trading and appears sustainable for at least the following 12 months, you have had an active key role in the day-to-day management and development of the business and you will spend your entire working time in the UK on developing your business ventures;
- Your endorsement letter was issued not more than 3 months before the date of your Innovator visa application;
- You genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application;
- You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking);
- You have at least £945 available to support yourself (and £630 for each dependant) without relying on public funds.
-
Applications for settlement as an Innovator
In order to qualify for indefinite leave to remain as an Innovator you will need to satisfy UK Visas & Immigration that:
- You have been endorsed by an approved UK endorsing body that is satisfied that you have shown significant achievements judged against the business plan assessed in your previous endorsement, you are registered with Companies House as a Director or Member of your business, your business is active, trading and appears sustainable for at least the following 12 months, you have had an active key role in the day-to-day management and development of the business and you will spend your entire working time in the UK on developing your business ventures;
- You satisfy at least two of the following:
- At least £50,000 has been invested into the business and actively spent furthering your business plan;
- The business has created the equivalent of at least 5 full-time jobs for resident workers, which have an average salary of at least £25,000 a year;
- The business has created the equivalent of at least 10 full-time jobs for resident workers with no average salary requirement;
- The number of customers has at least doubled within the most recent 3 years and is currently higher than the mean number of customers for other UK businesses offering comparable main products or services;
- The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK;
- The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts;
- The business has generated a minimum annual gross revenue of £500,000 in the last full year covered by its accounts, with at least £100,000 from exporting overseas.
- You have spent not more than 180 days outside the UK in any rolling 12 month period during the 3 years prior to the date of application;
- You have sufficient knowledge of the English language and Life in the UK.
-
Fresh applications, Administrative reviews and Judicial reviews for Start-up visa applicants
If your application for entry clearance or leave to remain or settlement as a Start-up has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
