Business Visas

Extension of Representative of an Overseas Business Visa

In order to extend your stay as a Sole Representative, you will need to show that your business:

• Is an active and trading overseas business;
• Has its headquarters outside of the UK;
• Still requires you to be in the UK;
• Has generated business in the UK since the last grant of leave;

You will also need to show that:

• You are employed full time by your business;
• You are in receipt of a salary from your employer;
• You do not intend to take other employment;
• You can maintain and accommodate yourself and your dependants.
• Are a genuine Representative of an Overseas Business;
• Are an existing senior employee of the overseas business;
• Continue to have full authority to negotiate and take operational decisions on behalf of the overseas business;
• Intend to work full-time as a representative of the overseas business;
• Do not intend to engage in business of your own or work for any other business;
• Do not have a majority stake in, or otherwise own or control, a majority of the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;
• Can show you can adequately maintain and accommodate yourself and your dependants in the UK, without recourse to public funds.

Indefinite leave to remain (ILR) can be achieved after 5 years in the Representative of an Overseas Business visa category.

UK Start-up Visa

This category is for people seeking to establish a business in the UK for the first time.

The Start-up visa is for those applicants that are not business persons.

Applicants can apply from out of country; and those already in the UK on Tier 1 (Graduate Entrepreneur), Tier 2, Tier 4 (General) student or Standard Visitor visas may be able to switch to a Start-up visa if they meet the eligibility requirements.

Can a Start-up migrant join an existing business?

We would advise that they can as the new rules have an apparent contradiction in Paragraph 245D(a)(iii): ‘Other migrants who wish to establish, join or take over one or more businesses in the UK may apply under the rules for the Start-up or Innovator categories, which are set out in Appendix W.’   We are awaiting guidance on the application of Appendix W from the Home Office.

No Investment Fund Required

There is no specific requirement to have investment funds if you wish to apply for a Start-up visa. However, you will still need to show maintenance funds of at least £945 to enter the Start-up category.

Eligibility Criteria for a Start-up Visa

Applicants must show that they have a new, innovative and viable business idea which is supported by an endorsing body:

• A new idea – you cannot join in a business that is already trading
• Innovative – you must have an original business idea which is different from anything else on the market
• Viable – it has potential for growth

These criteria are similar to the Innovator visa route. However, those applying for an Innovator visa cannot be developing the knowledge, skills, experience and market awareness, but must already have these skills. With regard to scalability, an Innovator visa applicant must also be able to demonstrate the potential job creation and growth in international as well as national markets.

As well as gaining the approval of an endorsing body, Start-up applicants must satisfy the endorsing body that they will spend the majority of their working time in the UK on promoting and developing business ventures. This can be distinguished from Innovator applicants who have to spend their entire working time in the UK on such development.

Endorsing Bodies

Endorsing bodies must be either:

a UK higher education institution, that is in receipt of public funding (from the Higher Education Funding Council for England, the Scottish Funding Council, the Higher Education Funding Council for Wales or the Department of Employment and Learning in Northern Ireland). It must have an established process for identifying, nurturing and developing entrepreneurs among its undergraduate and postgraduate population.

OR

an organisation that has a proven track record of supporting UK entrepreneurs (including resident workers) or is a new organisation set up for this by another body that has such a track record. Additionally, the request to become an endorsing body must be supported by a UK or devolved government department and be linked to the department’s policy objectives.

There is a Two Stage Process

Stage 1- Approval of endorsing body to establish innovation, viability and scalability

Stage 2- Application to the Home Office to establish the credibility of the applicant

Does the Start-up Visa lead to settlement in the UK?

Not directly. The maximum grant of leave is for 2 years. For Tier 1 (Graduate Entrepreneur) migrants the total time in both Graduate Entrepreneur and Start-up categories can likewise only be two years.

Start-up visas may progress into the Innovator category, which can lead to settlement; or perhaps be used as part of a 10-year qualifying period for long residence.

How can Healys Help?

The experienced Immigration team at Healys Solicitors will prepare and submit your Start Up Visa application (and those of your dependants) from the UK.

We will ensure that all supporting documents are carefully drafted and compliant with UK Immigration Rules and specifically assist your bank and/or third-party funders to produce financial documents that also comply with the rules.

We will advise you on the best type of application for your situation and give you the insight you need to make informed decisions along the way. We aim to not only make the process as smooth as possible but to enhance it and improve the chances of your permanent residence application being successful.

We are a law firm that understands its customers and treats every individual case as something new. We focus on building relationships with our clients to ensure that we can provide them with the best legal representation and advice possible. With several decades of experience across different aspects of law, including immigration, we believe that we are in a unique position to offer our clients the best advice available on managing and processing UK visa applications.

Innovator Founder Visa

The Innovator Founder Visa is for start-up entrepreneurs and experienced businesspersons seeking to establish a business in the UK. Applicants do not need to have any specific level of funds to invest in their proposed business, but must have an innovative, viable and scalable business idea, supported by a business plan, which has been approved by an endorsing body. 

Applicants for an Innovator Founder Visa must have generated, or have significantly contributed to, their business idea.  Innovator Founders must also intend to have a key role in the day-to-day management and development of their business.

In order to qualify for an Innovator Founder Visa you will need to satisfy UK Visas and Immigration that:

• You are at least 18 years old;
• You have an endorsement letter from an approved UK endorsing body that confirms that:
  • You are a fit and proper person to receive endorsement under the Innovator Founder route;
  • The endorsing body has no concerns over the source of any funds invested into your business;
  • The endorsing body has no reason to believe that you or your business may be the beneficiary of illicit or unexplained wealth;
  • You have a business plan and you either generated or made a significant contribution to the ideas in that business plan;
  • You will have a day-to-day role in carrying out the business plan;
  • You will have at least two Contact point meetings with the endorsing body at regular intervals;
  • You are either the sole founder or an instrumental member of the founding team; and
  • You have an innovative, viable and scalable business venture;

• Your endorsement letter was issued not more than 3 months before the date of your Innovator visa 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, 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;
• Your application does not fall for refusal on general grounds for refusal;
• You have provided a TB test certificate, if required.

Innovator Founder visas are valid for 3 years and can lead directly to indefinite leave to remain in the UK at the end of this period.  Innovator Founder Visa applicants can bring their partner and any children under the age of 18 to the UK.

You may want to speak to an immigration lawyer for expert advice

How can Healys Help?

The experienced Immigration team at Healys Solicitors will prepare and submit your Innovator Founder visa application (and those of your dependants) from the UK.

We will ensure that all supporting documents are carefully drafted to ensure compliance with UK Immigration Rules and specifically assist your bank and/or third-party funders to produce financial documents that also comply with the rules.

We’ll advise you on the best type of application for your situation and give you the insight you need to make informed decisions along the way. We aim to not only make the process as smooth as possible but to enhance it and improve the chances of your permanent residence application being successful.

We are a law firm that understands its customers and treats every individual case as something new. We focus on building relationships with our clients to ensure that we can provide them with the best legal representation and advice possible. With several decades of experience across different aspects of law, including immigration, we believe that we are in a unique position to offer our clients the best advice available on managing and processing UK visa applications.