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Struggling to Meet Innovator Founder Visa ILR Criteria in 3 Years? Here’s Your Way Out!

Lin

The Innovator Founder visa offers visionary entrepreneurs a fantastic opportunity to set up and grow a business in the UK. However, one of the biggest challenges applicants face is meeting 2 of 7 criteria for Indefinite Leave to Remain (ILR), which requires them to prove significant business growth, investment or customer traction.

If your business hasn’t progressed as expected, or if your endorsing body has withdrawn support – or if, as we have come across more often with legacy bodies who have simply ‘abandoned’ the applicant – you might feel stuck. But there are alternative pathways to secure your future in the UK. As an example, you may be able to combine certain visa categories to meet residence requirements.

Possible Pathways Forward

1. Extend Your Stay & Refine Your Strategy

A visa extension may provide the necessary solution for those nearing but not yet meeting ILR requirements, such as having invested £50,000 and created jobs but needing additional time to reach employment of five people.

If you are considering this option, it is important to prepare a significant business progression plan to present to the endorsing body for further endorsement. Alternatively, if your current endorsing body is unresponsive, you must transfer to one that is active. Additionally, you must strengthen your case by adapting your business model to better align with Home Office expectations. While there are technically no limits on extensions, each application must demonstrate clear progress towards meeting ILR criteria.

2. Switch to a Skilled Worker Visa

If your Innovator Founder route is no longer viable, switching to another visa category could be a smart backup plan. The Skilled Worker visa is always a good option to consider. This route offers flexibility, either through self-sponsorship if your UK business meets the necessary requirements, or by securing sponsorship from another UK employer.

Self-sponsoring applications undergo particularly rigorous Home Office scrutiny. Success depends on demonstrating the genuine necessity of your role within the business, ensuring that salary requirements are met, and maintaining clear separation between ownership and employment responsibilities.

3. Explore the Global Talent Visa

For exceptional individuals in technology, arts, or academia, the Global Talent visa offers an attractive alternative. This route can potentially lead to ILR in as little as three years by focusing on personal merit rather than business performance, while still allowing you to maintain your entrepreneurial activities.

The Importance of Professional Guidance

Successfully navigating these transitions, particularly in complex cases involving self-sponsorship, requires expert knowledge and experience.

Our firm has a proven track record of helping clients transition smoothly between visa categories, combining different visa types to optimise ILR timelines. We are also very familiar with the scenario of applicants who have been abandoned by their original endorsing bodies, we are positioned to provide you with support in this regard.

If you have encountered obstacles on your Innovator Founder journey, timely action and strategic planning can help you to preserve your UK aspirations. To receive a confidential assessment of your optimal pathway forward, please contact our specialist team. With the right strategy and guidance, your UK ambitions remain well within reach.

Please note: Immigration rules are subject to frequent changes. Professional advice should always be sought to address individual circumstances.

Lin Li

Senior Associate

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