Conditions of Stay under the Start-up and Innovator Visas

Conditions of stayWhat are the conditions of stay under the Start-Up and Innovator visas?

For individuals travelling to the UK to stay temporarily or remain as an Innovator or Start-Up visa
holder, the conditions which they can reside on the visa’s is important as breaching the conditions will result to serious consequences. Applicants should take note of the rules regarding the visas when applying to know their restrictions and freedoms on the visa type in the UK. Travelling to the UK after saving up for the visa would not be worthwhile if, you are unable to undertake the tasks
you wish to do in the UK.

Innovator Visa

Innovator Visa holders are granted leave for a three-year period. There is no limit for the time spent
under this visa category and, the individual can continue to use this visa type for the entire time
spent in the UK without applying for settlement. If the individual with this visa meets the
requirements for Indefinite Leave to Remain, they can start the application process during their third
year on the visa.

Finally, if the individual does not meet the requirements but their business has made adequate progress, they will be able to extend their leave with the Innovator visa. It is important to remember that endorsing bodies may be reluctant to continue to endorse an applicant who fails to meet at least two of the ILR criteria. It is therefore important that applicants comply with visa conditions and continue to develop their business to meet the requirements at all times.

Start-Up Visa

A successful Start-up visa applicant is granted 2 years stay in the UK which cannot be extended once
the two years have concluded. The individual however, can switch to the innovator visa once the
start-up visa has expired.

Conditions of employment for Innovator and Start-up visas

The Innovator and Start-Up visas are both subject and restricted to conditions of employment in the

 The individual cannot take on employment as a doctor or dentist in training
 The individual cannot be employed as a professional sportsperson or a sports coach
This applies to almost all rules surrounding visas and individuals will be exempt if they are training as a medical or sports professional.

The main difference regarding employment with the Innovator and Start-up routes is that Innovators must solely work for their business and not take on employment outside their business. Under the Start-up visa category, an individual is not restricted to working only for their business and can take on alternative employment for other organisation during their grant of leave.

The new Innovator and Start-up visa categories resemble the former Entrepreneur and Graduate Entrepreneur visas respectively where,
the Graduate Entrepreneur could seek employment in other businesses while, the Entrepreneur visa holders could not. It is worthy to note that work which the individual has commenced outside of their business under the Start-up visa may be relevant once they switch to the Innovator visa.

Additional conditions for Innovator and Start-up visas

 Individuals in possession of the Innovator and Start-Up visa do not have access to public funds.
 Depending on your nationality you will be required to register with the police.

 You can study in the UK but, the subject which you wish to pursue may require an ATAS certificate.

Can an individual be refused grant to leave?

If the applicant fails to comply with the conditions associated with their leave it is possible you will be refused. The Home Office will review the circumstances concerning your leave if there has been a breach of conditions you are at risk of losing their status in the UK.

In the event your endorsing body withdraws their endorsement or they lose their status as an endorser, this will affect your grant to leave.

How can NA Law help?

If you are interested in either the Innovator or Start-up visas and are unsure of your eligibility, contact us for a free initial case assessment to go through your scenario and discuss legal options. In addition, you may find the following pages useful:

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