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.
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.
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.
Applicants must show that they have an innovative, viable and scalable business idea which is supported by an endorsing body.
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.
Presently endorsing bodies (whoever they may be) have not published any guidance on their own criteria as they themselves are waiting for guidance from the Home Office.
Endorsing bodies must be either:
Stage 1- Approval of endorsing body to establish innovation, viability and scalability
Stage 2- Application to Home Office to establish the credibility of the applicant
The experienced Immigration team at Healys Solicitors will prepare and submit your Tier 1 Start Up 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’re 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 that we possibly can. With several decades of experience across different aspects of law, including immigration, we believe that we’re in a unique position to offer our clients the best advice available on managing and processing UK visa applications.
3rd April 2020
Employers and Colleges Will Not Face Enforcement Action For Non Attendance of Employees/Students at Work/College Due to Covid 19 Pandemic. Continue reading »
To make it easier for employers to recruit migrant workers during the Covid 19 Pandemic, the Home Office have announced that from 30 March 2020, the following new temporary arrangements are in place. Continue reading »
2nd April 2020
To alleviate the pressures placed on the NHS due to Covid 19, on 31 March 2020 the Home Office made an announcement that around 2800 migrant doctors, nurses and paramedics are to have their visas automatically extended free of charge for 1 year. They will also not have to pay the IHS Surcharge fee. Continue reading »
26th March 2020
The Home Office Covid 19 Guidance states that Chinese nationals in the UK, who have been compliant with the conditions of their visa/leave before the pandemic outbreak, but whose visas have expired between 24 January 2020 and 30 March 2020, will automatically have their visas extended until 31 March 2020. There is no need for a visa holder to do anything. Therefore, for example, if you are a Chinese student or visitor in the UK, you will be permitted to stay in the UK until 31 March 2020, according to this guidance. Continue reading »
25th March 2020
The Home Office have today announced a further extension of visa expiry or leave to remain. If individuals are unable to return to their home country before their leave or visa expires because of Covid 19 travel restrictions then their leave to remain or visa is to be extended to 31 May 2020.
16th July 2020
Football seasons worldwide have been disrupted by the COVID-19 pandemic and some clubs have inevitably been left feeling hard done by. In a unique High Court case, the response to the crisis of the Football Association of Wales (FA Wales) came under intense judicial scrutiny. Continue reading »
14th July 2020
Speedy and cost-effective dispute resolution is the primary aspiration of the contract adjudication regime – but to what extent can that be fairly achieved during the COVID-19 pandemic? The High Court confronted that issue in a guideline case. Continue reading »
10th July 2020
In a move designed to revitalise the property market, the government has introduced a temporary Stamp Duty “holiday”. Continue reading »
9th July 2020