ILR As Innovator Migrant

An Innovator Migrant who has spent 3 years in the UK under Innovator visa category can apply for Indefinite Leave to Remain (ILR).

You can contact us if you are seeking legal help and assistance from UK immigration solicitors in London, Manchester or Birmingham in relation to your application for ILR as an innovator migrant and our team of immigration law solicitors will provide you with fast, friendly, reliable, and professional legal services for your ILR application. Ask a question to our expert immigration solicitors for free advice online for ILR as an innovator migrant by completing our enquiry form and one of our immigration solicitors will answer your question as soon as possible.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR ILR AS AN INNOVATOR MIGRANT?

The requirements for Indefinite Leave to Remain (ILR) include the following:

Residence Criteria

The applicant must have spent a continuous period of 3 years lawfully in the UK as an Innovator Migrant. If the applicant had no valid entry clearance or leave to remain at any time during the continuous period, the continuous period will be paused, but not broken, if any of the following scenarios apply:

• The applicant had no valid leave in the UK, but they made a successful leave to remain application and and paragraph 39E in Part 1 of the Immigration Rules applied to them.
• The applicant left the UK when they had valid leave. They made an application for entry clearance before their previous leave expired. That application was subsequently granted.
• The applicant left the UK when they had valid leave. They made an application for entry clearance within 14 days of their previous leave expiring and the decision maker considers that there was a good reason why the application could not be made before the previous leave expired. The reason must have been beyond the control of the applicant or their representative, and an explanation must be provided in or with the application for indefinite leave to remain.
• The applicant left the UK when they had valid leave. They made an application before the expiry of his leave and such application was refused. They then made a further successful application within 14 days of that refusal (or the expiry of the time-limit for making an intime application for administrative review, or any administrative review or appeal being concluded, withdrawn or abandoned or lapsing).

Time before and after the gap in leave can be combined when counting the continuous period. Time during the gap itself will not, however, count towards the continuous period.

Absences From The UK

The applicant must not be absent for more than 180 days during any 12 consecutive months during the 3 years period of residence.

Immigration Status Requirement

The applicant’s most recent grant of leave must have been in Innovator visa category. The applicant must not be in the UK in breach of immigration laws, except that any current period of overstaying will be disregarded where any of the exceptions set out in paragraph 39E in Part 1 of the Immigration Rules apply.

Endorsement By The Relevant Endorsement Body (Endorsement Criteria)

The applicant must provide an endorsement letter issued by the relevant endorsement body as per requirements of Appendix W to the Immigration Rules. The endorsement letter must confirm all of the following:

• The applicant has shown significant achievements, judged against the business plan assessed in their previous endorsement.
• The applicant’s business is registered with Companies House and the applicant is listed as a director or member of that business.
• The business is active and trading.
• The business appears to be sustainable for at least the following 12 months, based on its assets and expected income, weighed against its current and planned expenses.
• The applicant has demonstrated an active key role in the day-to-day management and development of the business.
• The endorsing body is reasonably satisfied that the applicant will spend their entire working time in the UK on continuing to develop business ventures.

The endorsement letter should further confirm that The applicant’s business venture meets at least two of the following requirements:

• At least £50,000 has been invested into the business and actively spent furthering the business plan assessed in the applicant’s previous endorsement.
• The number of the business’s customers has at least doubled within the most recent 3 years and is currently higher than the mean number of customers for other UK businesses offering comparable main products or services.
• The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK.
• The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts.
• The business is generating a minimum annual gross revenue of £500,000 in the last full year covered by its accounts, with at least £100,000 from exporting overseas.
• The business has created the equivalent of at least 10 full-time jobs for resident workers.
• The business has created the equivalent of at least 5 full-time jobs for resident workers, which have an average salary of at least £25,000 a year (gross pay, excluding any expenses).

If the applicant is relying on the criteria for creating jobs:

• The jobs must have existed for at least 12 months and comply with all relevant UK legislation, including (but not limited to) the National Minimum Wage Regulations in effect at the time and the Working Time Regulations 1998.
• Each of the jobs must involve an average of at least 30 hours of paid work per week. Two or more-part time jobs that add up to 30 hours per week may be combined to represent the equivalent of a single fulltime job, as long as each of the jobs has existed for at least 12 months. However, a single full-time job of more than 30 hours of work per week does not count as more than one full-time job.
• An applicant may qualify under any combination of two of the above criteria, even if they are similar. For example, an applicant will have met two criteria if their business has an annual revenue of £1 million, with at least £100,000 from exporting overseas.
• An applicant cannot qualify by relying on the same criterion twice. For example, an applicant who has invested £100,000 (2 x £50,000) in their business venture will be considered to have met one criterion, not two.
• If the business venture has one or more other team members who are applying for, or have been granted, settlement in the Innovator category, they cannot share the same means of meeting these criteria. For example, if two applicants are both relying on the requirement to have created 10 jobs, 20 jobs must have been created in total.

Knowledge Of English and Life In The UK

• The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, as set out in Appendix Koll of the Immigration Rules.

HOW CAN WE HELP?

Our expert team of ILR solicitors specialize in ILR applications. If instructed to represent you regarding your application for ILR as Innovator Migrant, we will carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

• Assessing the chances of success in your application based on your endorsement letter issued by the endorsement body, your qualifications, skills, experience, the availability of funds for the investment, English language skills and the funds for maintenance;
• Advising you on the relevant requirements, relevant laws and procedures;
• Advising you on the relevant documents to be submitted in support of your application;
• Assessing your documentary evidence and discussing the same with you;
• Advising you on the weaknesses and strengths of your application;
• Completing an online application form to apply for entry clearance as an Innovator Migrant;
• Submitting an online application, paying the visa fee and Immigration Health Surcharge (IHS) online on your behalf and booking an appointment at the Application Centre for handing over the application pack for consideration by the ECO;
• Preparing a cover letter explaining in detail how all the relevant requirements of the entry clearance application as an Innovator Migrant are being satisfied, in particular, addressing the potential issue of the genuineness of the applicant as an Innovator Migrant;
• Preparing you for an interview with the Entry Clearance Officer (ECO) in relation to your Innovator visa application and discussing possible questions which the Entry Clearance Officer (ECO) may ask during the interview; and
• Doing all the follow-up work on the Innovator visa application until a decision is received from the Home Office, UKVI.

OUR FIXED FEES FOR ILR AS AN INNOVATOR

Our fixed fees for ILR as an innovator from inside the UK are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for ILR as an innovator and the volume of casework involved in the application. In addition to our fixed fee for ILR as an innovator, the applicant also has to pay the Home office UKVI fees for the application.