Immigration Rules Appendix Innovator Founder
Appendix Innovator Founder
The Innovator Founder route is for a person seeking to establish a business in the UK based on an innovative, viable and scalable business idea they have generated, or to which they have significantly contributed.
The application must be supported by an endorsing body.
An applicant must have a key role in the day-to-day management and development of the business.
A partner and dependent children can apply on this route.
The Innovator Founder route is a route to settlement.
INNF 1.1. A person applying for entry clearance or permission to stay as an Innovator Founder must apply online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
EEA national with a chipped passport | Either: • Innovator using the UK Immigration: ID Check app (when available); or • the forms listed below for applicants outside or inside the UK (as relevant) |
Applicants outside the UK | Innovator visa |
Applicants inside the UK | Innovator permission to stay |
- INNF 1.2. An application for entry clearance or permission to stay on the Innovator Founder route must meet all the following validity requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must have been issued with an endorsement letter by an endorsing body no more than 3 months before the date of application and that endorsement must not have been withdrawn.
INNF 1.3. The applicant must be aged 18 or over on the date of application.
INNF 1.4. If the applicant has in the 12 months before the date of application received an award from a government or international scholarship agency covering both fees and living costs for study in the UK, they must have provided written consent to the application from that Government or agency.
- INNF 1.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a domestic worker in a private household; or
- (f) outside the Immigration Rules.
- INNF 1.5A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:
- (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
- (b) Condition B: the applicant must:
- (i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
- (ii) have completed at least 24 months of study on that course.
INNF 1.6. An application which does not meet all the validity requirements for an Innovator Founder may be rejected as invalid and not considered.
INNF 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- INNF 2.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Entry requirements for an Innovator Founder
INNF 3.1. A person seeking to come to the UK as an Innovator Founder must apply for and obtain entry clearance as an Innovator Founder before they arrive in the UK.
INNF 3.2. A person applying for entry clearance as an Innovator Founder must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Genuine Innovator Founder requirement
INNF 4.1. The applicant must be a genuine Innovator Founder applicant.
Points requirement for the Innovator Founder route
INNF 5.1. An applicant for entry clearance or permission to stay must be awarded 70 points from the table below, of which 50 must either be under the new business criteria or under the same business criteria, but not both.
Endorsement | New or same business | Requirement | Points |
---|---|---|---|
Innovator Founder | New Business | Business plan | 30 |
New Business | Business venture is innovative, viable and scalable. | 20 | |
Innovator Founder | Same Business | Applicant’s previous permission was in the Innovator Founder, Innovator, Start-up or Tier 1 (Graduate Entrepreneur) route and they are pursuing a business assessed by a Home Office approved endorsing body either for the previous endorsement or at a contact point. | 10 |
Innovator Founder | Same Business | Business is active, trading and sustainable and demonstrates significant achievements against the business plan | 20 |
Innovator Founder | Same Business | Applicant is active in day-to-day management and development of business | 20 |
All | Mandatory for all applicants | English Language requirement at level B2 | 10 |
All | Mandatory for all applicants | Financial requirement | 10 |
Total number of points required | 70 |
Innovator Founder application: general requirements for an endorsement
- INNF 6.1. The application must be supported by an endorsement letter from an Endorsing Body or Legacy Endorsing Body which must contain the following information:
- (a) the name of the Endorsing Body or Legacy Endorsing Body; and
- (b) their endorsement reference number; and
- (c) the date of issue, which must be no earlier than 3 months before the date of application; and
- (d) the applicant’s name, date of birth, nationality and passport number; and
- (e) the name and contact details (telephone number, email and workplace address of an individual at the Endorsing Body or Legacy Endorsing Body who will verify the contents of the letter to the Home Office if requested.
INNF 6.2. An endorsement letter from a Legacy Endorsing Body must meet the requirements set out in INNF 7.1. and INNF 7.2.
- INNF 6.3. An endorsement letter from an Endorsing Body must confirm that:
- (a) the applicant is considered a fit and proper person to receive endorsement under the rules and guidance of the Innovator Founder route; and
- (b) the endorsing body has no concerns over the legitimacy of sources of funds or modes of transfer of funds invested by the applicant into their endorsed business; and
- (c) the endorsing body has identified no reason to believe that the applicant or their endorsed business may be the beneficiary of illicit or otherwise unsatisfactorily explained wealth.
Innovator Founder Legacy Endorsement requirements
- INNF 7.1. A letter of endorsement from a Legacy Endorsing Body in support of an application under the new business criteria will only be accepted, and points will only be awarded, if:
- (a) the endorsement letter was issued by the Legacy Endorsing Body before 13 April 2023 for use in the Innovator route; or
- (b) the applicant previously had permission under the Start-up route and the Endorsing Body for that previous permission is the same as the Legacy Endorsing Body supporting the current application.
- INNF 7.2. A letter of endorsement from a Legacy Endorsing Body in support of an application under the same business criteria will only be accepted, and points will only be awarded, if:
- (a) the applicant has or, in the 12 months immediately prior to the date of application, had permission as an Innovator Founder or permission under the Start-up route; and
- (b) the Legacy Endorsing Body supporting the current application is the same as the Endorsing Body for that previous permission.
Innovator Founder- New Business requirement
INNF 8.1. If the applicant is applying under the new business criteria the letter of endorsement must confirm that the applicant meets the requirements in INNF 8.2. and INNF 8.3.
Business Plan requirement for an Innovator Founder
- INNF 8.2. The applicant must:
- (a) have a business plan and have either generated or made a significant contribution to the ideas in that business plan; and
- (b) demonstrate that they will have a day-to-day role in carrying out the business plan; and
- (c) confirm that they will have at least two Contact point meetings with the endorsing body at regular intervals during their period of permission; and
- (d) be either the sole founder or an instrumental member of the founding team.
Innovative, viable and scalable business requirements for an Innovator Founder
- INNF 8.3. The applicant must have an innovative, viable and scalable business venture and they must meet all the following requirements:
- (a) the applicant must have a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage; and
- (b) the applicant’s business plan must be realistic and achievable based on the applicant’s available resources; and
- (c) the applicant must have, or be actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business; and
- (d) there must be evidence of structured planning and of potential for job creation and growth into national and international markets.
Innovator Founder - Same Business
- INNF 9.1. If the applicant is applying under the same business criteria:
- (a) the applicant must have or have last had permission as an Innovator Founder or on the Start-up or Tier 1 (Graduate Entrepreneur) route; and
- (b) the letter of endorsement must confirm that the applicant meets the requirements of INNF 9.2 to INNF 10.1.
Innovator Founder - business previously assessed by an endorsing body requirement
INNF 9.2. The applicant’s business must be a business that has previously been assessed by an Endorsing Body or Legacy Endorsing Body while the applicant had permission as an Innovator Founder or on the Start-up or Tier 1 (Graduate Entrepreneur) route.
- INNF 9.3 The applicant must:
- (a) if they have or have last had permission as an Innovator Founder, demonstrate that they have attended at least 2 Contact point meetings with their Endorsing Body at regular intervals during their period of permission or similar regular checkpoint assessments with their Legacy Endorsing Body; and
- (b) confirm that they will have at least two Contact point meetings with the endorsing body at regular intervals during their period of permission.
Innovator Founder - business is active, trading and sustainable requirement
INNF 9.4. The applicant’s business must be active, trading and sustainable and the applicant must have made significant progress against their business plan.
INNF 9.5. The applicant’s business must be registered with Companies House and the applicant must be listed as a director or member of that business.
Innovator Founder - day to day management requirement
INNF 10.1. The applicant must be involved in the day-to-day management and development of their business.
English Language requirement for an Innovator Founder
INNF 11.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) of at least level B2.
INNF 11.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
Financial requirement for an Innovator Founder
INNF 12.1. If the applicant is applying for permission to stay and has been in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
INNF 12.2. An applicant who is applying for entry clearance, or who is applying for permission to stay and has been in the UK for less than 12 months at the date of application, must have funds of at least £1,270.
INNF 12.3. The applicant must show that they have held the required level of funds for a 28- day period and as set out in Appendix Finance.
Decision on application as Innovator Founder
INNF 13.1. If the decision maker is satisfied that all the suitability and the relevant eligibility requirements for an Innovator Founder are met, the application will be granted; otherwise, the application will be refused.
INNF 13.2. If the application is refused the person may apply for an Administrative Review under Appendix AR: Administrative Review
Period and conditions of grant of Leave as an Innovator Founder
INNF 14.1. The applicant will be granted permission for a maximum period of 3 years.
- INNF 14.2. The grant will be subject to the following conditions:
- (a) no access to public funds; and
- (b) no work, other than working for the business(es) the applicant has established or other employment, where that other employment is in a role that requires a skill level of not less than RQF Level 3; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
INNF 14.3. In INNF 14.2.(b), working for the business(es) does not include any apprenticeship or any work pursuant to a contract of service, whether express or implied and whether oral or written, with another business, (which means successful applicants cannot fill a position or hire their labour to another business, even if the work is undertaken through contracting with the applicant’s own business or through a recruitment or employment agency).
Validity requirements for settlement by an Innovator Founder
INNF 15.1. A person on the Innovator Founder route who is applying for settlement must apply online on the gov.uk website on the specified form ‘Settlement Innovator’.
- INNF 15.2. An application for settlement must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK; and
- (e) the applicant must have been issued with an endorsement letter by an Endorsing body or Legacy Endorsing Body no more than 3 months before the date of application and that endorsement must not have been withdrawn.
INNF 15.3. The applicant must have, or have last been granted, permission as an Innovator Founder.
INNF 15.4 An application which does not meet all the validity requirements for settlement as an Innovator Founder may be rejected as invalid and not considered.
Suitability Requirements for settlement by an Innovator Founder
INNF 16.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- INNF 16.2. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Endorsement Requirement: Innovator Founder- Settlement
- INNF 17.1. Where the applicant is applying for settlement and their previous permission was as an Innovator Founder, they must provide an endorsement letter issued by an Endorsing Body, or Legacy Endorsing Body which includes all of the following information:
- (a) confirmation that the applicant has shown significant achievements, judged against the business plan assessed in their previous endorsement; and
- (b) confirmation that the applicant’s business is registered with Companies House and the applicant is listed as a director or member of that business; and
- (c) confirmation the business is active and trading; and
- (d) confirmation that 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; and
- (e) confirmation the applicant has demonstrated an active key role in the day-to-day management and development of the business; and
- (f) confirmation the applicant’s business venture has met at least two of the following requirements:
- (i) at least £50,000 has been invested into the business and actively spent furthering the business; or
- (ii) 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; or
- (iii) the business has engaged in significant research and development activity and has applied for intellectual property protection in the UK; or
- (iv) the business has generated a minimum annual gross revenue of £1million in the last full year covered by its accounts; or
- (v) 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; or
- (vi) the business has created the equivalent of at least 10 full-time jobs for settled workers; or
- (vii) the business has created the equivalent of at least 5 full-time jobs for settled workers, each of which has a mean salary of at least £25,000 a year (gross pay, excluding any allowances).
INNF 17.2. An applicant cannot meet the requirements at INNF 17.1 by relying on the same criterion twice (for example, an applicant who has invested £100,000 (2 x £50,000) in their business venture, or who has applied for intellectual property protection in respect of more than one innovation, will be considered to have met one criterion, not two).
INNF 17.3. If the business venture has one or more other team members who are applying for, or have been granted, settlement as an Innovator Founder, they cannot share the same means of meeting these criteria (for example, if two applicants are relying on the requirement to have created 10 jobs, 20 jobs must have been created in total).
- INNF 17.4. If the applicant is relying on the criteria for creating jobs in INNF 17.1 (vi) or (vii), the following requirements must be met:
- (a) each job must have existed for at least 12 months and comply with all relevant UK legislation, including (but not limited to) the National Minimum Wage Act 1998 and the Working Time Regulations 1998; and
- (b) each job must involve an average of at least 30 hours of paid work per week, but two or more part time jobs held by different employees that when combined add up to 30 hours per week will represent the equivalent of a single full-time job, as long as each of the jobs has existed for at least 12 months; and
- (c) a job will be considered one for a settled worker if the worker met the definition of settled worker in the rules in force at the time they started the job, and they remained employed for the whole claimed 12-month period, even if they ceased to be a settled worker at a later date.
INNF 17.5. A letter of endorsement from a Legacy Endorsing Body will only be accepted if the Legacy Endorsing Body supporting the current application is the same as the Endorsing Body that supported the applicant’s last grant of permission.
Qualifying period requirement for settlement by an Innovator Founder
INNF 18.1. The applicant must have spent at least 3 years in the UK with permission as an Innovator Founder.
Continuous requirement for settlement by an Innovator Founder
INNF 19.1. The applicant must prove that they have met the continuous residence requirement as set out in Appendix Continuous Residence for the qualifying period in INNF 18.1.
Knowledge of life in the UK requirement for settlement by an Innovator Founder
INNF 20.1. The applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.
Decision on an application for settlement by an Innovator Founder
INNF 21.1. If the decision maker is satisfied all the suitability and eligibility requirements are met the applicant will be granted settlement, otherwise the application will be refused.
- INNF 21.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay as an Innovator Founder, the application will be varied by the Secretary of State and instead be considered as an application for permission to stay on the Innovator Founder route. Where this happens:
- (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
- (b) the Secretary of State will write to the applicant informing them of this variation, and, if required, will request the applicant pay the Immigration Health Charge, and if the applicant does not pay the requested Immigration Health Charge, the application for permission to stay will be rejected as invalid.
INNF 21.4. Where an applicant is granted permission to stay, they will be granted for the period in INNF 14.1. subject to the conditions at INNF 14.2.
INNF 21.5. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay, the application for settlement will be refused.
INNF 21.6. If the application is refused the person may apply for an Administrative Review under Appendix AR: Administrative Review.
Validity requirements for a partner or dependent child (“child”) on the Innovator Founder route
INNF 22.1. An application as a partner or child on the Innovator Founder route must be made online on the gov.uk website on the specified form as follows:
Applicant | Specified form |
---|---|
EEA national with a chipped passport | Either (as applicable): • Dependent partner or dependent child using the UK Immigration: ID Check app; or • the forms listed below for dependent applicants outside or inside the UK as relevant. |
Applicants outside the UK | Dependent partner visa Dependent child visa |
Applicants inside the UK | If the dependant is applying at the same time as the Innovator, they can be included in the form “Start-Up or Innovator permission to stay” where the form allows dependants to be added. Otherwise: - Dependent partner - Dependent child |
- INNF 22.2. An application for entry clearance or permission to stay as a partner or child on the Innovator Founder route must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be applying as partner or child of a person (P) who:
- (i) has made a valid application for entry clearance or permission to stay on the Innovator Founder route that has not been decided; or
- (ii) has entry clearance or permission to stay on the Innovator Founder route; or
- (iii) is settled or has become a British citizen, providing that P had permission on the Innovator Founder route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.
INNF 22.3. A person applying as a partner must be aged 18 or over on the date of application.
- INNF 22.4. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
- (a) as a Visitor; or
- (b) as a Short-term Student; or
- (c) as a Parent of a Child Student; or
- (d) as a Seasonal Worker; or
- (e) as a Domestic Worker in a Private Household; or
- (f) outside the Immigration Rules.
- INNF 22.4A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:
- (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
- (b) Condition B: the applicant must:
- (i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
- (ii) have completed at least 24 months of study on that course.
INNF 22.5. An application which does not meet all the validity requirements as a partner or child of an Innovator Founder may be rejected as invalid and not considered.
Suitability requirements for partner and child on the Innovator Founder route
INNF 23.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- INNF 23.2. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a partner and child on the Innovator Founder route
INNF 24.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child of an Innovator Founder before they arrive in the UK.
INNF 24.2. A person applying for entry clearance as the partner or child of an Innovator Founder must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirements for a partner of an Innovator Founder
- INNF 25.1. The applicant must be the partner of a person (P) and one of the following must apply:
- (a) P has permission as an Innovator Founder; or
- (b) P is, at the same time, applying for (and is granted) permission as an Innovator Founder.
INNF 25.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.
Relationship requirement for a child on the Innovator Founder route
- INNF 26.1. DELETED.
- INNF 26.2. DELETED.
Age requirement for a child on the Innovator Founder route
INNF 27.1. DELETED.
INNF 27.2. DELETED.
Care requirement for a child on the Innovator Founder route
INNF 28.1. DELETED.
Requirements for a dependent child on the Innovator Founder route
- INNF 28A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) relationship requirement: entry clearance and permission to stay; and
- (b) care requirement; and
- (c) age and independent life requirement.
Financial requirement for a partner or child on the Innovator Founder route
INNF 29.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.
- INNF 29.2. If the applicant is applying for entry clearance or has been in the UK for less than 12 months on the date of application, funds of at least the amount required in INNF 29.3 must be held collectively by one or more of the following:
- (a) the applicant; and
- (b) the Innovator Founder (P); and
- (c) if the applicant is applying as a dependent child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time as the partner of an Innovator Founder.
- INNF 29.3. The funds required are:
- (a) £285 for a dependent partner in the UK, or applying for entry clearance; and
- (b) £315 for the first dependent child in the UK, or applying for entry clearance; and
- (c) £200 for any other dependent child in the UK, or applying for entry clearance.
INNF 29.4. The funds held must be in addition to any funds required by the Innovator Founder to meet the financial requirement for any other dependants in the UK or applying at the same time.
INNF 29.5. If INNF 29.3. applies, the required level of funds must have been held for a 28-day period and as specified in Appendix Finance.
Decision on application for a partner or child on the Innovator Founder route
INNF 30.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a partner or child on the Innovator Founder route the application will be granted, otherwise the application will be refused.
INNF 30.2. If the application is refused the person may apply for an Administrative Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner and child on the Innovator Founder route
- INNF 31.1. A partner will be granted permission which either:
- (a) ends on the same date as their partner’s permission as an Innovator Founder; or
- (b) lasts for 3 years if the partner was (or is being) granted settlement as an Innovator Founder.
INNF 31.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.
- INNF 31.3 The grant will be subject to all the following conditions:
- (a) no access to public funds; and
- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
Validity requirements for settlement for partner and child on the Innovator Founder route
- INNF 32.1. A partner and child on the Innovator Founder route who is applying for settlement must apply online on the GOV.UK website on the specified form as follows:
- (a) “Partner - Settlement as a partner or parent
- (b) Child – Settlement as a Child (including a child aged over 18 already in the UK as a dependant)”
- INNF 32.2. An application for settlement must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (d) the applicant must be in the UK; and
- (e) the applicant must be applying as a partner or child of a person (P) who:
- (i) has made a valid application for settlement in the UK as an Innovator Founder and that application has not been decided; or
- (ii) is settled or has become a British citizen, providing they had permission as an Innovator Founder when they settled and the applicant either had permission as their partner or child at that time or is applying as a child of P and was born in the UK before P settled.
INNF 32.3. An application which does not meet all the validity requirements for settlement as a partner or child of an Innovator Founder may be rejected as invalid and not considered.
Suitability Requirements for settlement by a partner and child on the Innovator Founder route
INNF 33.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
- INNF 33.2. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Relationship requirement for settlement for a partner or dependent child on the Innovator Founder route
- INNF 34.1. The applicant must be the partner or child of a person (P) where one of the following applies:
- (a) P is, at the same time, being granted settlement as an Innovator Founder; or
- (b) P is settled or has become a British citizen, providing P had permission as an Innovator Founder when they settled and the applicant either:
- (i) had permission as P’s partner or child at that time; or
- (ii) is applying as a child of P and was born in the UK before P settled.
- INNF 34.2. The applicant must either:
- (a) have last been granted permission as a partner or dependent child of the person (P) in INN 34.1; or
- (b) have been born in the UK and be applying as a child of the person (P) in INNF 34.1.
- INNF 34.3. If applying as a child, the applicant must meet the relationship requirement for settlement in Appendix Children.
INNF 34.4. If applying as a partner, the applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.
Age requirement for settlement as a child on the Innovator Founder route
INNF 35.1. DELETED.
INNF 35.2. DELETED.
Care requirement for settlement as a child on the Innovator Founder route
INNF 36.1. DELETED.
Requirements for settlement as a dependent child on the Innovator Founder route
- INNF 36A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) care requirement; and
- (b) age and independent life requirement.
Qualifying period requirement for settlement as a partner on the Innovator Founder route
INNF 37.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a partner of the person (P) in INNF 34.1.
Continuous residence requirement for settlement as a partner of on the Innovator Founder route
INNF 38.1. The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the period in INNF 37.1.
English language requirement for a partner or child on the Innovator Founder route
INNF 39.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.
INNF 39.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.
Knowledge of life in the UK requirement for settlement as a partner or child on the Innovator Founder route
INNF 40.1. Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.
Decision on an application for settlement as a dependent partner or dependent child on the Innovator Founder route
INNF 41.1. If the decision maker is satisfied all the suitability and eligibility requirements for settlement as a partner or child of an Innovator Founder are met the applicant will be granted settlement.
- INNF 41.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay as a partner or child on the Innovator Founder route, the application will be varied by the Secretary of State to an application for permission to stay. Where this happens:
- (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
- (b) the Secretary of State will write to the applicant informing them of this variation and if required will request the applicant pay any Immigration Health Charge but if the applicant does not pay the requested Immigration Health Charge, the application for permission to stay will be rejected as invalid.
INNF 41.3. Where an applicant is granted permission to stay, they will be granted for the period in INNF 31.1 (as a partner) or INNF 31.2. (as a child) subject to the conditions at INNF 31.3.
INNF 41.4. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay, the application for settlement will be refused.
INNF 41.5. If the application is not varied under INNF 41.2. and the application for settlement is refused the applicant may apply for an Administrative Review under Appendix AR: Administrative Review.