Applying for a start up visa - legal advice

The UK Start-up visa is designed for entrepreneurs seeking to establish an innovative business in the United Kingdom. This guide outlines key considerations for legal practitioners advising clients on Start-up visa applications.

Basic Requirements

Success with a start-up visa application hinges on meeting several core criteria, including endorsement and financial requirements. These requirements are non-negotiable and form the foundation of any application. Understanding them thoroughly is crucial applicants.

Endorsement

Endorsement is the cornerstone of the Start-up visa process, acting as a crucial quality filter for innovative business ideas. Unlike many other visa routes, this system delegates initial assessment to approved organizations with expertise in evaluating business potential. Understanding how endorsing bodies operate is essential for application success.

Endorsing bodies include :-

• Higher Education Institutions

• Business Organisations

• Dedicated start-up accelerators and incubators

• Tech industry bodies and innovation centers

• Business development organizations

• Typically offer additional support services and networking

• Often specialize in specific sectors (tech, creative, sustainability)

Each body sets its own specific criteria, may focus on particular industries or business types, often require minimum viability indicators, may have geographic preferences and may require minimum funding commitments and/or expect certain growth metrics

Endorsing bodies also typically have support services, which may include mentoring and access to investor networks

Start up visa financial and language requirements

• Applicants must demonstrate £1,270 in their bank account for 28 consecutive days

• No additional investment funds required

• Maintenance funds can be from any source if legitimately obtained

• Minimum B2 level English language proficiency required

Additional criteria

• Must be at least 18 years old

• Cannot have previously established a business in the UK

• Must be applying from outside the UK if this is their first application

Application process

The application journey is complex and multi-staged, requiring careful attention to detail and precise timing. A well-managed process significantly increases the chances of success while minimising delays and complications.

The first stage is the endorsement stage which requires business plan development, checking the endorsement application process and application windows, deadlines and fees.

After successfully getting endorsed, the next stage is the visa application stage which requires :-

• Online Application

• Complete application form

• Pay visa fee (£363 as of 2024)

• Pay Immigration Health Surcharge

• Document Submission

• Endorsement letter

• Financial documents

• English language evidence

• Passport and identity documents

Length of start up visa, extending it and pathway to permanent residence

The initial visa is granted for 2 years and requires the visa holder to establish the business within a reasonable timeframe and regular contact with the endorsing body is required.

There is no direct route to Indefinite leave to remain via a start up visa. The start up visa period counts towards 5-year residence requirement for indefinite leave to remain. The innovator visa is by far the most common and strategically advantageous switch from the start up visa, chosen by approximately 70% of successful start up visa holders. This preference stems from natural business progression from start-up to scale-up phase and the clearest path to settlement

While the start up visa doesn't directly lead to settlement, it can form part of a longer-term immigration strategy. Understanding the pathway to ILR is essential for clients planning their long-term future in the UK.

Common pitfalls and how we can help

The biggest issues our clients come to us for assistance with include :-

• Application advice and assistance whether endorsement or visa application.

• Missing or incorrect documents.

• Issues raised by the Endorsing body such as failing to maintain contact with endorsing body, not implementing business plan as presented, missing reporting requirements or operating outside business scope.