Chapter 18 - Entry for non-work permit employment

18.16 - Innovators and entrepreneurs
The aim of this category is to attract to the UK outstanding entrepreneurs from overseas whose business proposals will result in exceptional economic benefits for the UK. It is mainly designed for those specialising in high-tech areas, in science and technology based sectors. A successful applicant, therefore, will usually have not only an entrepreneurial track record or evidence of potential but also technical skills. The successful business proposal will aid the development of e-commerce and other new technologies in the UK.

All applications for entry in this category are a mandatory referral to Business Case Unit in the Home Office.

Prior entry clearance is mandatory.

Requirements for entry
The requirements to be met by a person seeking entry clearance as an innovator are that the applicant:

• is approved by the Home Office as a person who meets the criteria specified by the Secretary of State for entry under the Innovator Scheme at the time that approval is sought under that scheme;
• intends to set-up a business that will create full-time paid employment for at least two person already settled in the UK;
• intends to maintain a minimum 5% shareholding of the equity capital in that business, once it has been set up, throughout the period of his/her stay as an innovator; and
• will be able to maintain and accommodate himself/herself and any other dependants adequately without recourse to public funds or other employment.

If these requirements are met, the Business Case Unit at Work Permits (UK) will assess the individual application with a points system. To qualify the applicants must get enough points. The acceptance criteria are rigorous and a self-assessment form, based on a points system, should greatly assist prospective applicants to assess whether they are likely to qualify as an Innovator. A copy of the form and additional background information can also be found on the Work Permits (UK) website, www.workingintheuk.gov.uk in the section “Innovators – Guide for applicants”. Although not compulsory to do so, prospective applicants should be encouraged to complete the self-assessment form before proceeding with their application to ensure that they meet the minimum score for qualification. Completing the self-assessment will also speed up processing of applications.

Processing applications at Post
Applicants should complete a visa application form VAF1 and, if they choose to do so, the self-assessment form. ECOs should check that the documentation requested in the VAF1 is attached along with any other supporting documents associated with the self-assessment form. ECOs are not expected to assess in detail the merits of the application although they should point out to the applicant any clear inadequacies in the documentation provided and offer them the opportunity to rectify them.

Fees
The long-term non-settlement fee applicable to business or investor applications is payable.

Referral to the Home Office
Applications in this category must be referred to the Business Case Unit via the Home Office for a decision using the Referrals mailbox (see Chapter 25).

Applicants may travel to the UK for other purposes (e.g. visit) while their application is being considered but they will not be allowed to switch status in the UK if their Innovator application is successful. Applicants will be required to leave the UK to obtain the proper entry clearance.

Endorsement
Endorsement should be: D: INNOVATOR for a maximum of 2 years, Code 1.

Relevant foreign nationals who are granted entry clearance for longer than six months should be required to register with the police. (Refer to Paragraph 325(2)(i) of the Immigration Rules).

Refusals/Appeals
Refusal of entry clearance as a person intending to establish themselves in a business attract a right of appeal. Appeal statements will be written by Business Case Unit (BCU). All papers should be sent to:

Business Case Unit
Work Permits (UK)
PO Box 3468
Sheffield
S3 8WA

Tel: 0114 274-3045
Fax: 0114 274-3291

Email: bcu@ind.homeoffice.gsi.gov.uk

Website: www.workingintheuk.gov.uk

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