Indefinite leave to remain if you have an Innovator Founder or Innovator visa

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1. Overview

You may be eligible for indefinite leave to remain if you have an Innovator Founder visa.

‘Innovator Founder’ visas have replaced ‘Innovator’ visas. If you have an Innovator visa, you can still apply for indefinite leave to remain if you meet the requirements.

Indefinite leave to remain is how you settle in the UK. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

Eligibility

You must have:

  • lived in the UK for 3 years using an Innovator Founder or Innovator visa - you cannot include time spent in the UK using any other visa
  • a new endorsement that shows you’ve met the requirements for growing your business

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test.

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.

Fees and how long it takes

It costs £3,029 for each person applying.

You’ll each need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.

You’ll usually get a decision within 6 months.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances, for example if you have a criminal conviction

2. Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

If you meet the criteria, the body will give you an endorsement letter to show that you’re eligible for indefinite leave to remain.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator Founder or Innovator visa.

Endorsement requirements

You must be able to demonstrate you have an active key role in the day-to-day management and development of your business.

Your business must be:

  • registered with Companies House, and you’re either the director or a member
  • currently trading, and be able to continue for at least the next 12 months

Your business must have done at least 2 of the following:

  • had £50,000 of investment, which you’ve spent on developing the business
  • doubled the number of customers in the last 3 years - and this number is higher than the average for similar businesses
  • applied for intellectual property protection in the UK
  • made £1 million revenue in the last full year covered by accounts
  • made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas
  • created the equivalent of 10 full-time jobs that have existed for 12 months
  • created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

The jobs you’ve created must be for ‘settled workers’. A settled worker is someone who was one of the following when they started working for you:

  • a British citizen
  • an EEA citizen who was living in the UK and working for you by 31 December 2020
  • a Commonwealth citizen with a UK Ancestry visa
  • someone with indefinite leave to remain or settled status

3. Family members

Your partner and children can apply at the same time if they’re eligible.

Your partner and children can also apply separately at a later date, for example if they’re not eligible yet. They can continue to extend their visa as your dependant, even after you get indefinite leave to remain.

Eligibility for partners

Your partner may qualify if all of the following apply:

  • they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator Founder or Innovator visa)
  • they’ve lived in the UK with you as your dependant for at least 5 continuous years
  • your relationship is genuine
  • you intend to keep living together
  • you have enough income to support yourselves and your dependants
  • you’re not using public funds (benefits)

Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).

Your partner must also:

Eligibility for children

Your child can apply if:

  • they have permission to be in the UK as your child (as a ‘dependant’ on your visa)
  • they are not married, in a civil partnership or living an independent life
  • they will live with you and be supported by you without relying on public funds (benefits)
  • you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

  • you’re the child’s sole surviving parent
  • you have sole responsibility for your child, or they normally live with you
  • there are serious or compelling reasons why they should be allowed to stay, for example you or your child has a serious illness

Extra documents for children over 16

You’ll need to prove:

  • where they live - if they do not live with you, you’ll need to explain why
  • any rent or upkeep they pay you each month
  • that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

  • bank statement
  • credit card bill
  • driving licence
  • NHS registration document
  • a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

  • bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)
  • confirmation from their university or college on headed paper and issued by an authorised official (if they’re studying)

Children 18 and over

Older children can apply if both of the following are true:

  • they were under 18 when they got permission to be in the UK as your dependant
  • they still do not live an independent life - for example, they have not got married or had children

They also need to:

4. How to apply

You should apply during the last month of your current permission to be in the UK.

You must apply online.

Proving your identity and providing supporting documents

As part of your application you’ll need to prove your identity. How you do this depends on where you’re from and the type of passport or resident permit you have.

You’ll either:

  • use the ‘UK Immigration: ID Check’ app to scan your identity document - you’ll also create or sign in to your UK Visas and Immigration (UKVI) account
  • have your fingerprints and photo (biometric information) taken at a UK Visa and Citizenship Application Services (UKVCAS) service point

You’ll be told what you need to do when you apply.

You’ll be told which documents you need to provide when you apply. You might need to show that, for example:

  • you meet the English language requirements and have passed the Life in the UK Test
  • you meet the financial requirements, including proof of where your money came from

Apply to for indefinite leave to remain

You must apply online before your current visa expires.

Once you’ve started your application, you can save your form and complete it later.

Your partner or child

They must either:

As part of their application, your partner and children will need to prove their identity with their fingerprints and a photo (biometric information) at a UK Visa and Citizenship Application Services (UKVCAS) point.

Continue your application

Sign in to your account using the link from your sign-up email.

Get help to apply online

You can get help with completing the online form if you:

  • do not feel confident using a computer or mobile device
  • do not have internet access

You can only use this service if you’re applying in the UK.

You cannot get immigration advice through this service.

5. After you apply

You’ll usually get a decision within 6 months. If you paid to use the ‘super priority service’ you’ll get a decision within 2 working days, or within 5 working days if you paid to use the ‘priority service’.

Working days are Monday to Friday, not including bank holidays.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances, for example if you have a criminal conviction

If your application is approved

You can do the following:

  • work
  • run a business
  • study
  • use public services, such as healthcare and schools
  • apply for public funds (benefits) and pensions
  • apply for British citizenship, usually after a minimum of 12 months (as long as you’ve lived in the UK for 5 years)

If you stay outside the UK for 2 years

You can lose your indefinite leave to remain if you stay outside the UK for 2 or more years at a time. You may need to apply before you can return to the UK.