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Navigating the Innovator Founder Visa Route

In our analysis of the Innovator Founder visa route, we explore the essential elements outlined in the factsheet issued on 06 July 2023. This visa pathway is designed to attract entrepreneurs with innovative business ideas to establish ventures in the UK. Our examination provides clarity on eligibility requirements, endorsement procedures, settlement provisions, and considerations for dependants.

Eligibility and Points-Based Assessment

Applicants for the Innovator Founder visa must meet stringent criteria, including accumulating a minimum of 70 points across specified categories. Notably, 50 points must be obtained from either the ‘New Business’ or ‘Same Business’ criteria. These assessments evaluate factors such as the innovativeness, viability, and scalability of the business venture, the applicant’s management role, and proficiency in English. Financial requirements mandate accessible funds of at least £1,270 for applicants with less than 12 months’ stay in the UK.

Immigration Permission and Conditions

The Innovator Founder visa allows a maximum stay of three years per application, with potential pathways to settlement in the UK. Visa holders can work in the endorsed business and pursue employment or studies at a skill level equivalent to or above A-levels, fostering economic contributions and entrepreneurship.

Endorsing Bodies and Criteria

Endorsement from an approved body is pivotal for visa application under this route. These bodies assess the progress and compliance of migrant entrepreneurs, with criteria varying based on whether applicants are pursuing new ventures or continuing with existing ones. Endorsement must precede visa application, necessitating timely coordination.

Genuineness and Suitability

The Home Office retains the authority to assess applicants’ genuineness and compliance. A balance of probability test may be conducted if doubts arise, emphasising the importance of transparency and adherence to visa requirements.

Settlement Provisions

Applicants seeking settlement must meet specific criteria, including sustaining the business for at least 12 months, demonstrating active involvement, and fulfilling financial benchmarks or job creation targets. Settlement requirements emphasise the business’s contribution to the UK economy and its ability to generate sustainable growth and employment.

Dependants

Dependants are eligible for accompanying or joining visas, subject to meeting financial and suitability criteria. Settlement options are available after completing a continuous period as the Innovator Founder’s dependant and meeting residency and integration criteria.

Conclusion

Understanding and adhering to the requirements outlined in the Innovator Founder visa factsheet are essential for prospective applicants to navigate the process successfully. This visa route offers promising opportunities for entrepreneurs to contribute to the UK’s entrepreneurial landscape while ensuring compliance with immigration regulations.

If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.

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Long Residence Guidance: ILR 10 Years Route 2024

What is Long Residence?

If you have lived continuously and legally in the UK for 10 years, you may qualify for Indefinite Leave to Remain (ILR) through the long residence route. Lawful residence means you have not overstayed your visa at any point during your stay in the UK.

A key feature of the long residence route is that it does not matter what type of visa you held during your 10+ years in the UK. Unlike other ILR pathways that require specific visas for 2, 3, or 5 years (and exclude some visas like the Intra-company transfer visa), the long residence route counts any visa type. This is beneficial for those who have held various visas and haven’t met the qualification period for any single visa type. In other pathways, switching visas often resets the ILR clock, but for long residence, all continuous time in the UK counts.

Long Residence Requirements 2024

To qualify for long residence under the 10-year rule, you must meet the following requirements:

• Continuous Lawful Residence: You must have resided lawfully and continuously in the UK for at least 10 years without gaps, including time on most immigration categories or a combination of categories.
• Absence Limits: From 11 April 2024, you must not have been outside the UK for more than 180 days in any 12-month period.
• English Language Requirements: Meet the English language requirements.
• Life in the UK Test: Pass the knowledge of life in the UK test.
• Current Visa: Hold your current visa for at least one year.

Additionally, you must meet suitability criteria, including:

• No Grounds for Refusal: You must not have any grounds for refusal, such as criminal convictions or posing a threat to immigration control. Granting ILR must not be against the public interest.
• No Immigration Breaches: You must not have breached previous immigration conditions (e.g., overstaying).

If unsure about your qualification for ILR through long residence, contact Jayesh Jethwa for assistance and application preparation.

Continuous 10 Years Lawful Residence

Continuous lawful residence means spending at least 10 years in the UK with limited leave granted by the Home Office. The Home Office will check your absences from the UK (referred to as “breaks in continuous residence”). Key updates for the long residence ILR absence rule in 2024 include:

• Absences Before 11 April 2024: Any single absence must not exceed 184 days.
• Absences Before 11 April 2024: Total absences must not exceed 548 days. For periods extending beyond 11 April 2024, there is no 548-day limit.
• Absences After 11 April 2024: No absences should exceed 180 days in any 12-month period.

The following do not count towards continuous residence:

• Time on a Standard Visitor visa or as a visitor without a visa.
• Time on a Short-term study visa.
• Time on a Seasonal Worker visa.
• Time on immigration bail, temporary admission, or temporary release.
• Time in prison, a young offender institution, or secure hospital.
• Time overstaying your visa, including periods under “exceptional assurance” due to COVID-19.
• Time in Ireland, the Isle of Man, or Channel Islands.

Subject Access Requests

If you need information to calculate your time in the UK, submit a subject access request (SAR) to the Home Office. A basic search provides a summary of your immigration and travel history and any electronically held landing cards. It also details visa applications submitted from outside the UK.

English Language Requirements For ILR On 10-Year Basis

You can meet the English language requirements by:

• Passing an approved CEFR English language test at B1, B2, C1, or C2 level.
• Holding a degree taught or researched in English.
• Being from an exempt country.

This requirement does not apply if you are under 18 or over 65.

10 Year Long Residence Documents Required

You must provide the Home Office with:

• A current passport or valid travel ID.
• Your current biometric residence permit.
• All passports held during your time in the UK.

Additionally, documents proving your 10-year residence in the UK will benefit your application, such as:

• Travel tickets into the UK.
• Property rental agreements.
• Mortgage statements.
• Utility bills.
• Bank statements.
• Employment contracts.
• Documents proving your education in the UK.

Non-English or Welsh documents must be translated.

Where eligibility for ILR is doubtful, the Home Office may request further proof. Therefore, it is advisable to consult an immigration solicitor to check your application and documents before submission. contact Jayesh Jethwa for long residence questions.

When to Apply for Long Residence ILR

You can apply to UK Visas and Immigration (UKVI) up to 28 days before meeting all eligibility requirements. Ensure you apply before your current visa expires.

Timing is crucial. Applying even a day too early can result in refusal. Therefore, confirm you have completed the 10-year continuous residence period before applying.

Extension of Stay For 2 Years On Basis Of 10 Years Long Residence

In cases where applicants meet all ILR eligibility requirements except the life in the UK test, they can apply for a 2-year extension. This is permitted under paragraphs 276A1 and 276A2 of the immigration rules.

How Can Quastels Help With Your Long Residence?

The long residence route provides many migrants who have lived in the UK for ten or more years the opportunity to secure ILR. Our team can help you determine if this is the best approach for you and your family.

We assist with all aspects of long residence ILR applications, including:

• Recommending the best immigration route for you and your family.
• Checking your application before submission.
• Handling the entire application process on your behalf.
• Ensuring you have the necessary documents.
• Managing complex matters related to your application.
• Liaising with the Home Office.
• Managing any ILR refusals through long residence.

If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.

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Guidance for the Parent of a Child Student Visa Application

As a parent, ensuring your child’s well-being while they study abroad is paramount. The Parent of a Child Student (PCS) visa facilitates this by allowing you to stay with your child in the UK while they pursue their education. This article provides a detailed overview of the legal requirements and conditions associated with the PCS visa, helping you navigate the application process with confidence.

Conditions of Permission Granted Under the PCS Route

The PCS visa is specifically tailored for parents who wish to accompany their child, who is studying in the UK on a Child Student Visa. However, several critical restrictions apply to PCS visa holders:

• Prohibition on Work and Study: PCS visa holders are strictly prohibited from engaging in any form of employment or educational pursuits while in the UK. This includes self-employment, business activities, and remote work. Any breach of this condition can result in the refusal of a PCS visa extension.
• Restriction on Visa Switching: PCS visa holders cannot switch to any other visa category while in the UK. They are only permitted to extend their stay under the PCS route.

Requirements For The Child Student

For a PCS visa application to be successful, the accompanying child must satisfy specific criteria:

• Age Criteria: The child must be between 4 and 11 years of age at the time of the visa application.
• School Registration: The child must be enrolled at an independent school in the UK.
• Age Restriction at Decision: If the child turns 12 before the application decision is made, or is already 12 or older at the time of the application, there is a high likelihood of refusal.

Relationship and Care Requirements

Only one parent can apply for the PCS visa as the primary carer of the child. The following conditions must be met:

• Primary Carer: The applicant must be the parent of a child who is either currently in the UK on a Child Student Visa or is applying to come to the UK on such a visa.
• Exclusion of the Other Parent: The other parent of the child must not be in the UK and must not be applying to enter the UK.

Financial Requirements

Applicants must demonstrate adequate financial resources to support their stay in the UK without recourse to public funds:

• Monthly Maintenance Funds: Applicants need to show they have £1,560 per month for up to 9 months of their intended stay.
• Additional Child Maintenance: If additional children will accompany the applicant, they must demonstrate an additional £625 per month for each child, up to 9 months.
• Maintenance of Main Home: Applicants must maintain a primary residence outside the UK, underscoring that the PCS visa does not lead to permanent settlement.

Conclusion

By adhering to these legal requirements and conditions, parents can ensure a smoother application process for the PCS visa. At Quastels, we are dedicated to assisting you through every step of the application, ensuring that you and your child can focus on their educational journey with peace of mind.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalised legal guidance, please consult a qualified immigration solicitor.

If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.

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