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. Suppose the applicant needed a valid entry clearance or leave to remain at any time during the continuous period. In that case, the constant 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 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 applied for entry clearance within 14 days of their previous leave expiring, and the decision maker considered that there was a good reason why the application could only be made after the previous leave expired. The reason must have been beyond the applicant’s or their representative’s control, 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 the 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for making an in-time application for administrative review or any administrative review or appeal being concluded, withdrawn, abandoned or lapsing).

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

towards the constant period.

Absences From The UK

The applicant must be present for at most 180 days during any 12 consecutive months during the 3 years of residence.

Immigration Status Requirement

The applicant’s most recent grant of leave must have been in the 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 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 per Appendix W requirements to the Immigration Rules. The endorsement letter must confirm all of the following:

• The applicant has shown significant achievements, which were 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.
• Based on its assets and expected income, the business is sustainable for at least the following 12 months, 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 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 business’s customers have at least doubled within the most recent three years. It 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 has generated 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 at least ten full-time jobs for resident workers.
• The business has created at least five full-time jobs for resident workers, with an average salary of at least £25,000 a year (gross pay, excluding 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 job must involve 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 full-time job as long as each has existed for at least 12 months. However, a single full-time job of more than 30 hours per week does not count as more than one full-time job.
• An applicant may qualify under any combination 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.
• Suppose the business venture has one or more other team members applying for, or have been granted, settlement in the Innovator category. In that case, they must have different means of meeting these criteria. For example, if two applicants rely on the requirement to create ten jobs, 20 jobs must be created.

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.

How Can We Help?

Our expert team of ILR solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as an Innovator Migrant, we will carry out all the work on your ILR application until the Home Office UKVI decides on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

• Assessing your eligibility for ILR  by considering all your circumstances;
• Advising you on the weaknesses and strengths of your ILR application as an Innovator migrant;
• Advising you on the relevant documents to be submitted in support of your ILR application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI Immigration Rules;
• Completing and submitting the online application form to apply for ILR as an Innovator migrant by gathering all the relevant information from you;
• I am helping you with paying the ILR application fee for your application;
• Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
• Preparing a detailed cover letter to introduce and support your ILR application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• We are liaising with the Home Office UKVI for a timely decision on your ILR application.

  Our Fixed Fees For ILR As An Innovator

  Our fixed fees for ILR as an innovator from inside the UK are as given in the fee table below:

  Our Service	Our Fixed Fees Range
  Full service for ILR as an innovator from inside the UK to cover all the work until decision by the Home Office, UKVI	From £3,000 + VAT To £4,000 + VAT

  The agreed fixed fee will depend on the complexity of the application for ILR as an innovator and the volume of casework involved in the application. In addition to our fixed fee for ILR as an innovator, the applicant must also pay the Home office UKVI fees for the application.