An individual looking to establish a new business in the UK is able to apply under Appendix Start-up or Appendix Innovator of the Immigration Rules. Both categories are attractive to entrepreneurs, however deciding on which route to take can be complex. We will discuss the key similarities and differences between the two routes in this blog.
The Start-up and Innovator visa routes are for people who are entrepreneurs and are seeking to start a new business in the UK. The Innovator visa is for more experienced entrepreneurs whilst the Start-up visa is for those earlier on in their career.
An individual can apply from outside of the UK for either visa, or apply from within the UK, depending on the type of visa the individual is currently on, to switch to either route. Both visa routes require the individual to have a business idea that is approved by an endorsing body. The business idea must be considered innovative, viable and scalable. There are two separate lists of endorsing bodies: one for Start-up visas and another for Innovator visas. The endorsing body plays a role in checking in with the visa holder throughout their leave on each visa. The endorsing body has certain responsibilities to the Home Office, as part of its endorsement of the individual, which are not covered in this blog.
After an individual has received the endorsement from the relevant body, the individual can apply for a visa under the relevant route. To do so, an individual must meet certain requirements including demonstrating they are at least eighteen years old, that they have enough personal savings to support themselves and that they meet the relevant English language requirement.
There are key differences between the two visas that will impact which route an individual is eligible to apply for. We will outline these below.
One major difference between the visas is that the Innovator visa requires a minimum investment of £50,000 per applicant, while the Start-up visa does not require any investment.
Another is, should an application for a Start-up visa be granted, an individual is permitted to work in the business that has been endorsed for the visa as well as another job. If an Innovator visa application is successful, the individual is unable to undertake any other employment and can only work for that endorsed business under their visa.
Lastly, it should be borne in mind that the visas differ in terms of settlement in the UK. A successful applicant on the Start-up route will be able to stay in the UK for a maximum of two years on this route. An individual cannot apply to extend a Start-up visa, however they can potentially apply to switch to an Innovator visa (and then apply for settlement, should they meet the relevant requirements).
If an application for an Innovator visa is successful, leave will be granted for three years. Unlike the Start-up visa, the Innovator visa can be extended and is a direct route to settlement, should the applicant meet the relevant criteria.
The Start-up and Innovator visas are two routes entrepreneurs can potentially apply for, however they should be examined in detail to ensure an applicant meets the relevant criteria set out by the Immigration Rules.
If you would like any advice or assistance regarding applying for a Start-up or Innovator visa, then please contact one of our experienced immigration solicitors.
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