Start Up

Start Up Visa

The Start-up category was introduced to replace the Tier 1 (Graduate Entrepreneur) sub-tier of the Points Based System. This new category is similar to the Tier 1 (Graduate Entrepreneur) in that it is for applicants intending to start a new business for the first time in the UK whose business idea will need endorsement from an endorsing body. An important difference, however, is that it is open to any applicant, not only graduates as in its predecessor category.

A maximum of two years leave will be available, and it does not lead to settlement.

Endorsement criteria

The endorsement letter provided by the endorsing body must confirm the innovation, viability and scalability criteria and that the endorsing body is reasonably satisfied the applicant will spend the majority of their working time in the UK on developing business ventures.

Endorsing bodies

The organisation must be one of two types of entity:

• either a UK higher education institution, which is either a UK-recognised body or a body in receipt of public funding as a higher education institution from a prescribed source which has an established process for developing entrepreneurs, or
• an organisation which has a track record of supporting entrepreneurs in the UK and its application to become a supporting body is supported by a government department (or devolved department)

Requirements 

• You must be at least 18 years of age.
• You must provide a valid letter from an endorsing body that confirms your proposed business meets the endorsement criteria and that you have not previously established a UK business (unless applying as a Start-Up or Tier 1 Graduate Entrepreneur), as well as containing other simple prescribed information.
• You must have an English language ability of B2 level. English language ability must be demonstrated in the existing ways, i.e. UK degree or degree taught in English (confirmed by UK NARIC as UK-standard comparable), SELT English language test or national of a majority English speaking country or having met the English language requirement in a previous successful application.
• You must be able to demonstrate that you will be able to maintain yourself in the UK by showing the required level of maintenance funds for a consecutive 90-day period.

Credibility assessment

The Home Office decision maker will need to be satisfied that you intend and are able to do the work in question and will not work in breach of conditions.

Period and conditions of leave

If your application is successful you will be granted leave for two years, minus any time already spent in the Tier 1 (Graduate Entrepreneur) category (or the Start-up category if already in this category). Two years is the maximum time allowed in this category as applicants are expected to switch into the Innovator category in order to continue developing their businesses. The Start-up visa does not lead to settlement.

Switching and immigration status

If you are already in the UK and wish to switch into the Start-up category, you must be switching from one of the following categories:

• Tier 1 (Graduate Entrepreneur).
• Tier 2.
• Tier 4 (General) (although certain restrictions apply).
• A visitor who has been undertaking permitted activities as a prospective entrepreneur, as set out in the Immigration Rules, Appendix V.

Restrictions apply for Tier 4 (General) applicants as they must have been sponsored by a UK recognised body or a higher education institution publicly funded by certain bodies listed.

Conditions

There is no recourse to public funds and study is permitted. Registration with the police is required where the Immigration Rules, Part 10 applies. Furthermore, you must not undertake employment as a doctor or dentist in training and no employment as a professional sportsperson (including as a sports coach).

Contact our Specialist Start Up Visa Solicitors based in London, UK

Qore Legal is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals.

Call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.