Immigration Rules Appendix Start-up

The Start-up route is for a person seeking to establish a business in the UK for the first time. From 13 April 2023 this route is only available to those who hold a valid Start-up endorsement issued before the 13 April 2023. From 13 July 2023 the Start-up route will be closed to all new applications.

The person must have an innovative, viable and scalable business idea which is supported by an endorsing body approved by the Home Office.

A person on the Start-up route can bring a dependent partner and dependent children to the UK.

Start-up is not a route to settlement. A person may be eligible to progress from Start-up to the Innovator route, which is a route to settlement.

Validity requirements for Start-up route

SU 1.1. A person applying for entry clearance or permission to stay on the Start-up route must apply online on the gov.uk website on the specified form as follows:

Applicant Specified form
EEA national with a chipped passport Either:
• Start-up or 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 Start-up or Innovator visa
Applicants inside the UK Start-up or Innovator permission to stay
  1. SU 1.2. An application for entry clearance or permission to stay on the Start-up route must meet all the following requirements:
    1. (a) any fee and Immigration Health Charge must have been paid; and
    2. (b) the applicant must have provided any required biometrics; and
    3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
    4. (d) the applicant must have been issued with an endorsement letter by an endorsing body dated no more than 3 months before the date of application, and issued before the 13 April 2023, and that endorsement must not have been withdrawn.

SU 1.3. The applicant must be aged 18 or over on the date of application.

SU 1.4. If the applicant has in the last 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 provide written consent to the application from that Government or agency.

  1. SU 1.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
    1. (a) as a Visitor; or
    2. (b) as a Short-term Student; or
    3. (c) as a Parent of a Child Student; or
    4. (d) as a Seasonal Worker; or
    5. (e) as a domestic worker in a private household; or
    6. (f) outside the Immigration Rules.

SU 1.6. An application which does not meet all the validity requirements for the Start-up route may be rejected as invalid and not considered.

Suitability requirements for the Start-up route

SU 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

  1. SU 2.2. If applying for permission to stay the applicant must not be:
    1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
    2. (b) on immigration bail.

Eligibility requirements for the Start-up route

Entry requirements for the Start-up route

SU 3.1. A person seeking to come to the UK on the Start-up route must apply for and obtain entry clearance on the Start-up route before they arrive in the UK.

SU 3.2. A person applying for entry clearance on the Start-up route 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.

Points requirement for Start-up

SU 4.1. The applicant must be awarded a total of 70 points from the table below.

Requirement (mandatory) Points available
Business is innovative, viable and scalable. 25
The applicant has not previously established a business in the UK 25
English Language at level B2 10
Financial requirement 10
Total number of points required 70

Innovative, viable and scalable business requirement for Start-up route

  1. SU 5.1. An applicant will meet the innovative, viable and scalable business venture requirement if all the following requirements are met:
    1. (a) the applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage; and
    2. (b) the applicant’s business plan is realistic and achievable based on the applicant’s available resources; and
    3. (c) the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business; and
    4. (d) there is evidence of structured planning and of potential for job creation and growth into national markets.

No other established business in the UK requirement for Start-up route

  1. SU 6.1. The applicant must not have previously established any business in the UK which commenced trading, unless this business commenced trading during the applicant’s last period of permission and that permission was for any of the following routes:
    1. (a) Start-up; or
    2. (b) Tier 1 (Graduate Entrepreneur); or
    3. (c) Student on the doctorate extension scheme.

Genuine Start-up requirement

SU 7.1. The applicant must be a genuine Start-up applicant.

Financial requirement for the Start-up route

SU 8.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement and do not need to show funds.

SU 8.2. If an applicant is applying for entry clearance or has been in the UK for less than 12 months at the date of application, they must have funds of at least £1,270.

SU 8.3. 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 unless their endorsing body confirms they have been awarded funding of at least the amount in SU 8.2.

English language requirement for the Start-up route

SU 9.1. 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.

SU 9.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Endorsement requirement for the Start-up route

  1. SU 10.1. The applicant must provide a letter from their endorsing body which includes all the following information:
    1. (a) the name of the endorsing body; and
    2. (b) the endorsement reference number; and
    3. (c) the name, telephone number, email and workplace address of a person at the endorsing body who will verify the contents of the letter to the Home Office if requested; and
    4. (d) the date of endorsement; and
    5. (e) the applicant’s name, date of birth, nationality and passport or other travel document number; and
    6. (f) a short description of the applicant’s business venture and the main products or services it will provide to its customers; and
    7. (g) confirmation that in the view of the endorsing body the applicant’s business is innovative, viable and scalable as set out at SU 5.1.; and
    8. (h) confirmation that the endorsing body is satisfied that the applicant will spend the majority of their working time in the UK on developing their business venture; and
    9. (i) confirmation that the endorsing body is satisfied the applicant is either the sole founder of the business or an instrumental member of the founding team; and
    10. (j) confirmation the endorsing body is satisfied that the applicant has created and is relying on their own business plan.

Decision on the Start-up route

SU 11.1. If the decision- maker is satisfied that all the suitability and eligibility requirements are met for the Start-up route, the application will be granted, otherwise the application will be refused.

SU 11.2. If the application is refused the person can apply for Administrative Review under Appendix AR: Administrative Review.

Conditions and period of grant on the Start-up route

  1. SU 12.1. The grant will be subject to all the following conditions:
    1. (a) no access to public funds; and
    2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson, including as a sports coach; and
    3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
    4. (d) DELETED

SU 12.2. The applicant will be granted permission for a maximum period of 2 years, and a person must not be granted further permission which would result in them spending more than 2 years with permission on the Start-up route, or a combination of the Start-up route and the Tier 1 (Graduate Entrepreneur) route.

Dependants on the Start-up route

Validity requirements for a dependent partner or dependent child on the Start-up route

SU 13.1. An application as a partner or child on the Start-up 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):
• Dependant partner or dependant child using the UK Immigration: ID Check app; or
• the forms listed below for dependant applicants outside or inside the UK as relevant.
Applicants outside the UK Dependant partner visa
Dependant child visa
Applicants inside the UK If the dependant is applying at the same time as the Start-Up route applicant, they can be included in the form “Start-Up or Innovator permission to stay” where the form allows dependants to be added.
Otherwise:
- Dependant partner
- Dependant child
  1. SU 13.2. An application for entry clearance or permission to stay as a partner or child of a person on the Start-up route must meet all the following requirements:
    1. (a) any fee and Immigration Health Charge must have been paid; and
    2. (b) the applicant must have provided any required biometrics; and
    3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
    4. (d) the applicant must be applying as partner or child of a person (P) who:
      1. (i) has made a valid application for entry clearance or permission to stay on the Start-up not been decided; or
      2. (ii) has entry clearance or permission to stay on the Start-up route; or
      3. (iii) is settled or has become a British citizen, providing that P had permission on the Start-up 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.

SU 13.3. A person applying as a dependent partner must be aged 18 or over on the date of application.

SU 13.4. DELETED.

  1. SU 13.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission:
    1. (a) as a Visitor; or
    2. (b) as a Short-term Student; or
    3. (c) as a Parent of a Child Student; or
    4. (d) as a Seasonal Worker; or
    5. (e) as a domestic worker in a private household; or
    6. (f)outside the Immigration Rules.

SU 13.6. An application which does not meet all the validity requirements as a partner or child on the Start-up route may be rejected as invalid and not considered.

Suitability requirements for a dependent partner or dependent child on the Start-up route

SU 14.1. The suitability requirements for a partner or child on the Start-up route are that they must not fall for refusal under Part 9: grounds for refusal.

  1. SU 14.2. If applying for permission to stay the applicant must not be:
    1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
    2. (b) on immigration bail.

Eligibility requirements for a dependent partner and dependent child on the Start-up route

Entry requirement for a dependent partner and dependent child on the Start-up route

SU 15.1. 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 before they arrive in the UK.

SU 15.2. A person applying for entry clearance as a partner or child on the Start-up route 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 dependent partner on the Start-up route

  1. SU 16.1. The applicant must be the partner of a person (P) and one of the following must apply:
    1. (a) P has permission on the Start-up route; or
    2. (b) P is, at the same time, applying for (and is granted) permission on the Start-up route.
  2. SU 16.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.

SU 16.3. DELETED.

SU 16.4. DELETED.

Relationship requirement for a dependent child on the Start-up route

  1. SU 17.1. DELETED.
  2. SU 17.2. DELETED.

Care requirement for a dependent child on the Start-up route

SU 18.1. DELETED.

Age requirement for a dependent child on the Start-up route

SU 19.1. DELETED.

SU 19.2. DELETED.

Requirements for a dependent child on the Start-up route

  1. SU 19A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
    1. (a) relationship requirement: entry clearance and permission to stay; and
    2. (b) care requirement; and
    3. (c) age and independent life requirement.

Financial requirement for a dependent partner or dependent child on the Start-up route

SU 20.1. 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.

  1. SU 20.2. 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 SU 20.2A must be held collectively by one or more of the following:
    1. (a) the applicant; and
    2. (b) the person on the Start-up route (P); and
    3. (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.
  1. SU 20.2A. The funds required are:
    1. (a) £285 for a dependent partner in the UK, or applying for entry clearance; and
    2. (b) £315 for the first dependent child in the UK, or applying for entry clearance; and
    3. (c) £200 for any other dependent child in the UK, or applying for entry clearance.

SU 20.3. The funds must be in addition to any funds required by the Start-up applicant to meet the financial requirement and for any dependants in the UK or applying at the same time.

SU 20.4. The required level of funds must have been held for a 28-day period and as set out in Appendix Finance.

Decision on application for a dependent partner and dependent child on the Start-up route

SU 21.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a dependent partner or dependent child on the Start-up route the application will be granted, otherwise the application will be refused.

SU 21.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a dependent partner and dependent child on the Start-up route

SU 22.1. A partner will be granted permission which ends on the same date as their partner’s permission on the Start-up route

SU 22.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.

  1. SU 22.3. The grant will be subject to all the following conditions: *(a) no access to public funds; and
    1. (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson, including as a sports coach; and
    2. (c) study is permitted, subject to the ATAs condition in Appendix ATAS.
    3. (d) DELETED