Applying for UK Startup VISAS: A Step-by-Step Guide
The United Kingdom Start Up visa is a straightforward way in starting a business within the UK and allows applicants to benefit from the ever growing market to expand their businesses.
The Application Process
The process is split into two stages: securing endorsement and applying to the Home Office. However, it is worth noting that you cannot switch to a UK Start Up Visa if you are in the UK under any of the following:
Visit visa
Short-term student visa
Parent of a Child Student visa
Seasonal worker visa
Domestic worker in a private household visa
Immigration bail
Permission to stay outside the immigration rules
Firstly, applicants must secure endorsement either from a business sponsor (an endorsing body) or their university. During this step, applicants must provide a detailed business plan including their ideas, projections, and strategies. Only if this stage is approved can an applicant progress to the second stage. Next, applicants must make an official visa application to the Home Office. These applications are usually made outside of the UK. However, unless you fall into any of the categories below, applicants may be able to alter their route of their visa within the UK.
Step 1: Finding an Endorsing Body
The Home Office provides a list of approved bodies to act as sponsors for applicants, including both education institutions and businesses. The list can be found at https://www.gov.uk/government/publications/endorsing-bodies-start-up/start-up.
Once you have ascertained with which organisation you will apply to endorse your business idea, you will need to account for four aspects relating to your business:
Commitment;
Scalability;
Innovation; and
Viability.
However, the criterions of innovation, viability, and scalability are irrelevant if the applicant’s prior leave was under the Tier 1 Graduate Entrepreneur Visa. Despite there being no funding requirement, funding will play a factor in the requirements of scalability and viability.
If your application is successful and you are endorsed by an organisation, you will have 3 months from the date in which you are notified through mail to make your UK Start Up Visa application.
Step 2: Home Office Application
An applicant must now show their genuine intention and capability in carrying out the intended work that was proposed in the endorsement application. This includes considering their educational background, qualifications, experience as well as immigration history. Additionally, applicants will have to prove the accuracy of their funds. Some applicants will be invited for an interview; however, the Home Office is yet to provide guidance in this regard. Applicants may choose to view questions for the previous route of Tier 1 Graduate Entrepreneur Visa as guidance (various question banks can be found online).
What Supporting Documents Do I Need?
The Home Office will require you to provide
Endorsement letter;
Valid ID/passport;
Recent bank statements supporting you meet the maintenance funds requirement;
English language certification; and
(Sometimes) Proof of a negative TB test.
All documents must be translated to English.
Applicants are expected to keep in contact with their endorsing organisations to ensure continuing compliance. You are also allowed to take on additional employment other than your business venture.
What if Your Application is Refused?
Your options will vary depending on why your application was refused. The Home Office will inform you if you have a right to appeal their refusal in their letter. Commonly, if you are granted a right of appeal, you can do so through the administrative review process. This can be found in the Immigration rules Appendix AR: administrative review.
Author: Yasmin Welsh -
Author: Yasmin Welsh -
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DISCLAIMER
This article has been written by law students for the sole purpose of providing informative insight. The information in this article is intended for educational purposes only and does not constitute legal advice, nor should the information be used for the purpose of advising clients. You should seek independent legal advice before relying on any of the information provided in this article.
Sources
DavidsonMorris, ‘UK Start up Visa (for Entrepreneurs!) | DavidsonMorris’ (www.davidsonmorris.com) <https://www.davidsonmorris.com/uk-start-up-visa/>
Hind M, ‘Why the UK Is a Great Place to Set up a High Growth Business’ (Finerva27 January 2022) <https://finerva.com/advice/why-the-uk-is-a-great-place-to-set-up-a-high-growth-business/> accessed 22 February 2023
