At the time of closing the Tier 1 visa two new immigration routes, the Innovator Visa and the Start-up Visa came into being. But entry to either the innovator or start-up scheme rests on the notoriously difficult task of getting an endorsement.
It was recently reported that a businessman who had managed to secure an elusive endorsement letter for the innovator visa route. He was already in the UK legally on a Tier 2 work visa and was in the process of forming a spin-off company from the organisation employing him.
When discussing what the requirements would be for extending his permission to stay in the UK under the Innovator route and then applying for indefinite leave to remain, he concluded that the risks associated with switching from the relative security of his Tier 2 status — where he will be able to apply for indefinite leave to remain in three years time, having already been here two years — to the Innovator route were just too great.
The businessman had the backing of his employers, the backing of an endorsing body and was confident that the new business would be successful — based on a typical understanding of what that means (i.e. generating jobs, creating profit, paying taxes etc.). But “successful” enough to meet the extremely high threshold for indefinite leave to remain application under the Innovator route is a whole different ball game.
He also had no way of knowing if the company offering him the initial endorsement would still want to be an endorsing body at the time of his extension and indefinite leave to remain application. Some have already pulled out.
At this moment, it looks as though staying in the Tier 2 route for now in his current employment may be the best option for him (although we are looking at ways we may still be able to achieve the spin-out in that scenario) so he can be certain that he’ll be able to apply for indefinite leave to remain successfully.
Scarsdale Solicitors – Manchester, Oldham and Rochdale
For help and advice on this or any other issues about immigration from local experts, call Scarsdale Solicitors Manchester, Scarsdale Solicitors Rochdale & Scarsdale Solicitors Oldham. We are proud to serve our local clients in the Rochdale, Manchester and Oldham areas. We combine our expertise in legal matters with a level of customer service that is to the highest standard. If you need help from Rochdale immigration solicitors, Oldham immigration solicitors or Manchester Immigration solicitors call us today on 0161 660 6050.
