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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.
Penalties for Employing Illegal Workers: Restaurant Manager Faces a 7-Year Ban
In a recent case highlighting the severe consequences of non-compliance with immigration laws, Ikbal Hussain, the proprietor of Taste of Raj, an Indian restaurant in Hertfordshire, has been issued a seven-year ban on serving as a company director. This sanction arises from his employment of three undocumented workers from Bangladesh, uncovered during a raid by Immigration Enforcement officers in 2020.
Hussain’s failure to conduct mandatory right-to-work checks facilitated the illegal employment, breaching the Immigration, Asylum, and Nationality Act 2006. Such misconduct not only contravenes legal statutes but also undermines the integrity expected of company directors.
Kevin Read, Chief Investigator at the Insolvency Service, has underscored the gravity of the violation, highlighting its detrimental implications. Additionally, Suran Padiachie from the Home Office Immigration Enforcement has reiterated the commitment to combating illegal employment practices, affirming a collaborative approach with agencies such as the Insolvency Service.
The severity of the penalty serves as a caution to business proprietors, as maintaining legal compliance not only protects against exploitation but also ensures equitable opportunities for lawful workers and enhances public confidence.
The case of Ikbal Hussain underscores the repercussions of non-compliance with immigration laws and the responsibility expected from individuals in positions of corporate leadership. As enforcement measures escalate, adherence remains crucial for businesses operating within the UK legal framework.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.
Skilled Worker Changes | Effective April 2024
The changes to the Skilled Worker route coming into force from April 2024 will severely affect skilled workers, employers, and the UK’s ability to attract and retain talent globally.
The changes to the Skilled Worker route coming into effect from the 4th April 2024 are surmised below:
Skilled Worker
- The Skilled Worker minimum salary thresholds are increasing as follows:
- Option A (most applicants): from 26,200 – 38,700 GBP
- Option B (relevant PhD): from 23,800 – 34,830 GBP
- Option C (relevant STEM PhD): from 20,960 – 30,960 GBP
- Option D (shortage occupation list / Immigration Salary List): from 20,960 – 30,960 GBP
- Option E (new entrants) from 20,960 – 30,960 GBP
- The ‘going rates’ for individual SOC codes will be increasing.
- The 20% discount to the going rate for shortage occupation (Option D) will be removed. The 10% discount for relevant PHDs (Option B), the 20% discount for STEM PhDs (Option C)and the 30% discount for new entrants (Option E) will be retained.
- The current Shortage Occupation List under Option D will be replaced with an Immigration Salary List, a more restrictive list of SOC Codes.
- From the 4th April, supplementary work will be permitted in any role that would meet the skill level for sponsorship.
Skilled Workers (Health Care)
- The adjusted general thresholds will apply to Health and Care Visas from 4th April:
- Option F (most applications): from 26,200 – 29,000 GBP
- Option J (new entrants): from 20,960 – 23,200 GBP
Assignment Of A Certificate Of Sponsorship Before 4th April
Skilled workers who already hold permission under the route, or have a CoS assigned to them before 4th April 2024, will not be subject to the new salary thresholds and different rules will apply.
Existing Skilled Workers will only be affected by the change in Rules when they make a further application under the route, for example, when they are extending their Skilled Worker visa, or are making a change of employment application.
How Our Immigration Solicitors Can Help
Our Solicitors are experienced in all aspects of sponsorship and preparing Skilled Worker route applications. If you require advice, our team would be happy to have a discussion with you.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.