Immigration Corner | Obtaining an Innovator Visa

Dear Mr Bassie,

What is an Innovator Visa and can someone use it to obtain indefinite leave to remain? Any information would be useful.

– R.S.

Dear RS,

Persons may be eligible for indefinite leave to remain if they have an Innovator Visa. Please note that persons cannot apply for this status until March 2022 at the earliest, that is three years after this way to settle was introduced.

Persons should be aware that indefinite leave to remain (ILR) is how persons settle in the United Kingdom. ILR gives persons the right to live, work and study in the United Kingdom for as long as they like. Those persons may also apply for benefits, if they are eligible. In addition, they can use ILR to apply for British citizenship.

ELIGIBILITY

With respect to eligibility persons must have:

• Lived in the United Kingdom for three years using an Innovator Visa. They cannot include time spent in the United Kingdom using any other visa; and

• A new endorsement that shows they have met the requirements for growing a business.

If persons are 18 to 64 years old they must pass the Life in the UK Test. That is, they must have knowledge of life in the United Kingdom.

TIME OUTSIDE THE UK

Persons must have spent no more than 180 days outside the United Kingdom in any 12-month period. Persons who think they are affected by this rule, should find out how to calculate their time in the United Kingdom (‘continuous residence’) online.

WHEN TO APPLY

Persons will be able to apply 28 days before they are eligible. Please be aware that their application may be refused if the application is made earlier.

Persons are advised not to wait until their current visa expires. If the visa expires before being able to apply for indefinite leave to remain, they will need to renew it first.

FEES AND HOW LONG IT TAKES

It costs £2,389 for each person applying. The applicant can include their partner and children on the same application form, if they are eligible.

They also need to pay £19.20 per person to have their biometric information (fingerprints and a photograph) taken.

Persons must not travel outside of the United Kingdom, Ireland, the Channel Islands or the Isle of Man until they get a decision. The application will be withdrawn if they do.

Please note that persons will be contacted if their application is complex and it will take longer, for example:

• If the supporting documents need to be verified;

• If the applicant needs to attend an interview;

• Because of personal circumstances, for example, if the applicant has a criminal conviction.

Persons will usually get a decision within six months.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com