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.
11th October 2019
An investigation has uncovered a major people smuggling ring bringing migrants across the channel to the UK.
Ivon Sampson, Healys Head of Immigration, joined Tom Swarbrick to discuss the LBC investigation, and the the possible causes of the recent spate of channel crossings by economic migrants.
Listen to the full radio interview here:
9th October 2019
On 6 Oct 2019, UK Visas and Immigration added the following occupations to the shortage occupation list for Tier 2 General Migrant applications:
The benefits of a job being on the shortage occupation list are:
Skilled chefs (SOC 5434) are also included on the shortage occupation list (even if it’s a take away business).
Other occupations added are civil engineering roles (SOC Code 2121) and architects (SOC Code 2431).
30th September 2019
Healys LLP has again been recognised as a leading firm in the latest edition of the Legal 500. This year, 4 practise areas and 3 individual lawyers have been recommended.
12th September 2019
In the latest statement of changes announced by the Home Office on 11 Sept 2019, they have added the following occupations to the Tier 2 Shortage Occupation List (SOL)
This decision implements the Migration Advisory Committee (MAC) recommendations which were published earlier in the year. Continue reading »
11th September 2019
The Prime Minister has announced today that foreign students will be permitted to remain in the United Kingdom for up to two years after completing their degrees. Continue reading »