Switching to Innovator Founder Visa

Who can apply for Innovator Founder Visa ?

Any person who is above 18 years of age can make this application provided he is able to fulfil the relevant requirements. This application can be made from overseas or from the UK provided the applicant has leave in an immigration category allowing him to switch to Innovator Visa. However individuals having leave in the one of the following immigration categories cannot switch to Innovator founder visa:

Visitors

Short term students

Parent of a child student

Seasonal Worker

Domestic worker in a private household

Leave granted outside the Immigration Rules

Can students apply for Innovator Founder visa?

Yes, students may apply for Innovator Founder visa while remaining in the UK provided they fulfil one of the following conditions:

1) Condition A:

a.The applicant must have completed the course of study for which the CAS was assigned ; or

2) Condition B:

a.The applicant must be studying a full-time course of study leading to the award of a PHD with a higher education provider which has a track record of compliance; and

b.Have completed at least at least 12 months on that course.

Business Plan

This category is for people seeking to establish a business in the UK for the first time. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. The applicant needs to have an innovative idea for the proposed business and be able to establish the viability of business and it’s growth within set time limits. He would need to set details of his proposed business venture in the backdrop of the current market situation, financial aspect and the benefits drawn from the business itself, which would require extensive market research and business analysis.

Endorsement & Endorsing Body

All applicants for entry clearance or leave to remain must have been endorsed in this category by an endorsing body listed on the gov.uk website. The applicant is required to apply to the relevant endorsing body in order to obtain endorsement and that would only be granted when the endorsing body carries out a full analysis of the business plan, its viability and scalability. Once endorsement is granted, the applicant can make application under Innovator Founder Visa.

The endorsing body’s job does not end here. They have a duty to review the progress of the business in 6 months, 12 months and 24 months’ time and report to the home office, if it is found that applicant has not made a reasonable progress or is carrying out another business that does not meet the endorsing criteria or the application misses these checkpoints.

Credibility Assessment

Once the application is submitted, the decision maker (ECO in case of entry clearance applications or the Caseworker in the Home office) needs to be satisfied that all of the following requirements are met:

The applicant genuinely intends to undertake, and is capable of undertaking, any work or business activity in the UK stated in their application.

The applicant does not intend to work in the UK in breach of their conditions.

Any money which the applicant claims to be available is genuinely available as described, and the applicant intends to use it for the purposes described in the application.

The decision maker may also take into account the factors like; the evidence the applicant has submitted and its credibility, the applicant’s previous educational, work and immigration history, declarations made to other government departments regarding the applicant’s previous employment and other activity in the UK and any other relevant information. These factors help in establishing that the applicant’s proposed or existing business is genuine and promising and the home office may therefore check the authenticity of the documents submitted with the application, interview the applicant or even visit the business premises to see the physical and trading existence of the business.

The decision maker may also make request for additional information or interview the applicant to assess his credibility. It is therefore extremely important to seek professional help and advice in respect of Innovator Visa applications. We have good experience in preparing our clients for the interviews and can therefore help our clients at any stage of their immigration matters.

English Language Requirements

Ability to communicate in English language is an essential and necessary part of the whole point based system. The applicant may meet this requirement:

if he is a national of one of the English speaking Countries listed in the immigration rules.

or if he has completed at least UK Bachelors level qualification or above in one of the English Speaking countries

or if he has passed an approved English language test at CFER level B2

Maintenance requirements of Innovator Founder

In most circumstances the Applicant will be required to demonstrate he has held £1270 in his personal account for 28 days prior to the date of application. This figure will increase for each dependant should they wish to bring family members to the UK. Please see below for more details about the requirements for your dependants.

Validity of Innovator Founder Visa

The Innovator Visa is granted for 3 years and upon completion of 3 years, the applicant becomes eligible for indefinite leave to remain in the UK. Please see further details about indefinite leave to remain application in our separate article.

Requirements for the Dependents of Innovator Founder Visa Applicants

Innovator Founder Migrants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependants. The dependants will be able to work in the UK. The Applicant must show that his/her dependents can be supported during their stay in the UK.

Administrative Review / Judicial Review

Refusal of Innovator Founder Visa (Entry Clearance)

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Refusal of Innovator Founder Visa (Leave to remain Application)

If the leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter:We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

[email protected]

0203 514 2536