An Innovator Migrant who has spent 3 years in the UK under Innovator visa category can apply for Indefinite Leave to Remain (ILR).

Requirements For Indefinite Leave To Remain (ILR) As Innovator Migrant:

The requirements for Indefinite Leave to Remain (ILR) include the following:

Residence Criteria

The applicant must have spent a continuous period of 3 years lawfully in the UK as an Innovator Migrant. If the applicant had no valid entry clearance or leave to remain at any time during the continuous period, the continuous period will be paused, but not broken, if any of the following scenarios apply:

  • The applicant had no valid leave in the UK, but they made a successful leave to remain application and and paragraph 39E in Part 1 of the Immigration Rules applied to them.
  • The applicant left the UK when they had valid leave. They made an application for entry clearance before their previous leave expired. That application was subsequently granted.
  • The applicant left the UK when they had valid leave. They made an application for entry clearance within 14 days of their previous leave expiring and the decision maker considers that there was a good reason why the application could not be made before the previous leave expired. The reason must have been beyond the control of the applicant or their representative, and an explanation must be provided in or with the application for indefinite leave to remain.
  • The applicant left the UK when they had valid leave. They made an application before the expiry of his leave and such application was refused. They then made a further successful application within 14 days of that refusal (or the expiry of the time-limit for making an intime application for administrative review, or any administrative review or appeal being concluded, withdrawn or abandoned or lapsing).

Time before and after the gap in leave can be combined when counting the continuous period. Time during the gap itself will not, however, count
towards the continuous period.

Absences From The UK

The applicant must not be absent for more than 180 days during any 12 consecutive months during the 3 years period of residence.

Immigration Status Requirement

The applicant’s most recent grant of leave must have been in Innovator visa category. The applicant must not be in the UK in breach of immigration laws, except that any current period of overstaying will be disregarded where any of the exceptions set out in paragraph 39E in Part 1 of the Immigration Rules apply.

Endorsement By The Relevant Endorsement Body (Endorsement Criteria)

The applicant must provide an endorsement letter issued by the relevant endorsement body as per requirements of Appendix W to the Immigration Rules. The endorsement letter must confirm all of the following:

  • The applicant has shown significant achievements, judged against the business plan assessed in their previous endorsement.
  • The applicant’s business is registered with Companies House and the applicant is listed as a director or member of that business.
  • The business is active and trading.
  • 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.
  • The applicant has demonstrated an active key role in the day-to-day management and development of the business.
  • The endorsing body is reasonably satisfied that the applicant will spend their entire working time in the UK on continuing to develop business ventures.

The endorsement letter should further confirm that The applicant’s business venture meets at least two of the following requirements:

  • At least £50,000 has been invested into the business and actively spent furthering the business plan assessed in the applicant’s previous endorsement.
  • 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.
  • The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK.
  • The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts.
  • 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.
  • The business has created the equivalent of at least 10 full-time jobs for resident workers.
  • The business has created the equivalent of at least 5 full-time jobs for resident workers, which have an average salary of at least £25,000 a year (gross pay, excluding any expenses).

If the applicant is relying on the criteria for creating jobs:

  • The jobs must have existed for at least 12 months and comply with all relevant UK legislation, including (but not limited to) the National Minimum Wage Regulations in effect at the time and the Working Time Regulations 1998.
  • Each of the jobs must involve an average of at least 30 hours of paid work per week. Two or more-part time jobs that add up to 30 hours per week may be combined to represent the equivalent of a single fulltime job, as long as each of the jobs has existed for at least 12 months. However, a single full-time job of more than 30 hours of work per week does not count as more than one full-time job.
  • An applicant may qualify under any combination of two of the above criteria, even if they are similar. For example, an applicant will have met two criteria if their business has an annual revenue of £1 million, with at least £100,000 from exporting overseas.
  • An applicant cannot qualify by relying on the same criterion twice. For example, an applicant who has invested £100,000 (2 x £50,000) in their business venture will be considered to have met one criterion, not two.
  • If the business venture has one or more other team members who are applying for, or have been granted, settlement in the Innovator category, they cannot share the same means of meeting these criteria. For example, if two applicants are both relying on the requirement to have created 10 jobs, 20 jobs must have been created in total.

Knowledge Of English and Life In The UK

  • The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, as set out in Appendix KoLL of the
    Immigration Rules.

Why Sunrise Solicitors For ILR Application As Innovator Migrant?

The immigration solicitors at Sunrise Solicitors are experts in dealing with application for indefinite leave to remain (ILR) as an Innovator Migrant. The quality of our service is self-evident from Clients' Reviews about the service provided by our immigration solicitors. You can contact us if you are seeking legal help from immigration solicitors in London or Manchester in relation to your application for ILR as an Innovator Migrant and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fee For ILR Application As An Innovator Migrant

  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to your application for Indefinite Leave to Remain (ILR) as an Innovator Migrant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge an additional fee from £300 + VAT for each dependant who is applying for ILR at the same time along with the main applicant.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installment.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).


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