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​Start-up和Innovator签证

从2019年3月29日开始,现行的Tier 1 - Entrepreneur企业家移民签证将被Start-up(创业移民)和Innovator(创新商业移民)两种签证形式所替代。下面为大家浅析一下这两种签证的含义。
 
首先,我们来分析一下移民局的意图。英国脱欧在即,正是需要商业精英人才来促进英国经济发展的时机,那么为何要把Tier 1 - Entrepreneur企业家移民签证取消呢?取而代之的Start-up和Innovator签证又是何用意呢?
 
细算来,Tier 1 - Entrepreneur企业家移民(也称商业移民)已经存在10年了(2008年首次实行),英国政府意在吸收高净值移民,用以促进英国的经济发展,优化高新产业领域及创造英国本地居民的就业机会,然而开设Tier 1 - Entrepreneur企业家移民签证的期望是好的,但是内政部认为这些年来实行此签证的实际效果并非像预期那样显著。
 
  • 移民局签证处对此类签证申请的审理出现了很多“误判”,因为负责审查申请人来英国商业计划的是签证官本人,而签证官并非专业的商业评估人士,因此有时仅凭签证官个人的审查标准无法更准确地判断申请人所计划来英国从事商业项目的真实性和可行性。
  • Tier 1 - Entrepreneur的现行移民法对已经拿到此类签证来英国的申请人续签和永居要求达到条件不够完善,使得有些实际上并没有为英国经济做出预期的贡献的申请人却也满足了申请续签和永居的要求。
 
其次,让我们来对比一下新的Start-up和Innovator签证有哪些变化。
 
  1. 资金要求的申请门槛降低。由以前的20万英国降到只需5万英镑。
  2. Start-up将一次性给2年签证,没有资金和名额限制,因此更优越于现行的Tier 1 GE毕业生企业家签证;Innovator一次性给3年签证,然后可直接转永居(需看企业发展状况)或续签3年,续签次数没有限制。
  3. 英语要求提高。由B1改为B2(相当于雅思5.5分)。
  4. 申请程序的变化。以前的Tier 1 - Entrepreneur签证商业计划书直接由移民局签证处审理,签证官直接判断申请人计划来英国所从事的商业项目情况决定是否给签证。新的Start-up和Innovator则是先由移民局指定的担保机构(Endorsing Body)申请商业计划的真实性,可行性,创新性和发展潜力等,如果审核通过则发给担保证书(Endorsement),申请人拿到担保证书之后再递交签证申请(相当于由“直签”改为“返签”)。
  5. 申请续签和永居时,申请人所从事的商业项目需要得到专业担保机构(Endorsing Body)的审核认可,满足条件发担保证书(Endorsement)后方可递交申请。
 
最后,让我们来总结一下Start-up和Innovator这两种签证的玄机所在。
 
  • 资金门槛降低,是利好消息;英语要求提高了,但是指的是需要考英语证书的申请人(B1升至B2),有说英语国家国籍和有英语授课大学的本科或以上学历的申请人不受影响。
  • 申请程序改变:由“直签”改为“返签”。这个改变不好不坏。因为降低了资金要求的门槛(由20万英镑将至5万英镑,按照目前的汇率折合人民币不到四十五万即可全家移民英国!),就必然导致申请人增多,但是不可能全部通过,所以专业审核机构的担保证书(Endorsement)不会轻易拿到,这就看申请人计划从事的商业项目是否满足要求及商业计划书的含金量了。但换一个角度来讲,一旦拿到担保证书(Endorsement),签证成功率就能保证了。
  • 申请续签和永居的条件比之前的Tier 1 - Entrepreneur的要求高。要想续签和拿到永居也需要担保证书(Endorsement)才能递交申请,这就意味着申请人来英国必须要按照计划从事商业活动(当然做生意嘛,有赚有赔,移民局还是理解的,原定计划的商业项目如果做不下去的话可以改做其他行业,只要专业担保机构(Endorsing Body)审核通过即可!),而且你的生意必须要做起来,盈不盈利都可以,但是至少要能生存下去,具备未来发展的潜力,可以为英国经济做出贡献并且创造就业机会,这样续签可以,但是要申请永居则必须达到相关要求(具体要求这里就不列举了,详情欢迎来电咨询)。
 
小结:可以看出,新的Start-up和Innovator签证突显了英国更看重‘人才’和‘实际贡献’而非‘资金’的意图!
 
另外补充一点:已经拿到Tier 1 - Entrepreneur(企业家移民)签证的申请人依然按照现行移民法,续签和申请永居均按照现有政策实行,不受此政改的影响,因此无需担心。

对于已经拿到Tier 1 - Entrepreneur的客户申请续签及永居的截止日期如下:

续签申请截止至:2023年4月5日
永居申请截止至:2025年4月5日

现有Tier 1 - Graduate Entrepreneur(毕业生企业家,简称“青企”)或由青企转为Start-up的客户转成Tier 1 - Entrepreneur及申请续签/永居截止的时间点如下:
  • 允许按照旧政策转成Tier 1 - Entrepreneur的截止日期为:2021年7月5日;
  • 转成Tier 1 - Entrepreneur后申请续签的截止日期为:2025年7月5日;
  • 转成Tier 1 - Entrepreneur后申请永居的截止日期为:2027年7月5日

声明:

1. 文中所有内容仅代表个人见解,不构成任何移民建议,仅供参考!

​2. 每个申请人的自身情况/条件都不一样,详情建议咨询我行专业移民律师。



​Start-up 

This route is for people seeking to establish a business in the UK for the first time. This new category replaces the existing Tier 1 (Graduate Entrepreneur) category, but it is much better than Tier 1 (Graduate Entrepreneur) because it is for more applicants to apply with no limited allocations.


Applicants are required to have an innovative, viable and scalable business idea which is supported by an endorsing body. The endorsements of applicants will be handled by UK trusted bodies – such as business accelerators, seed competitions and government agencies, as well as higher education providers. These bodies will assess applicants’ business ideas for their innovation, viability and scalability.

Applying
Applicants will not need to be graduates and will not need to have secured any initial funding.
Successful applicants will be granted 2 years’ leave and will be able to progress into the Innovator category to continue developing their businesses in the UK after that time.
Endorsement for initial applications will be based on assessment whether applicants’ business ideas are innovative, viable and scalable.
This route does not lead directly to settlement in the UK, but applicants may progress into to the Innovator category subject to meeting additional criteria.
The new category will not include points-scoring tables.
 
Requirements for entry clearance and leave to remain
The applicant must be at least 18 years old.
Credibility assessment
The UKVI will be undertaking a new credibility assessment which entails the following requirements:
 
  • Genuine intention to undertake, and to be capable of undertaking, any work or business activity in the UK stated in their application.
  • The applicant does not intend to work in the UK in breach of their conditions.
  • Any money which the applicant claims to be available is genuinely available as described, and the applicant intends to use it for the purposes described in the application.
 
The UKVI will further take into account any endorsement of the applicant and may also take into account additional factors:
  • the evidence the applicant has submitted and its credibility;
  • the applicant’s previous educational, work and immigration history;
  • declarations made to other government departments regarding the applicant’s previous employment and other activity in the UK;
  • any other relevant information.
 
The UKVI may ask the applicant to attend an interview or to provide additional information and evidence.
Endorsement
All applicants for entry clearance or leave to remain must have been endorsed in this category by an endorsing body listed on the gov.uk website. The endorsement letter issued by the endorsing body will have to contain the following information:
  • the name of the endorsing body;
  • the endorsement reference number;
  • the date of issue, which must be no earlier than 3 months before the date of application;
  • the applicant’s name, date of birth, nationality and passport number;
  • confirmation that the applicant has not previously established a business in the UK (unless the applicant’s last grant of leave was under the Start-up or Tier 1 (Graduate Entrepreneur) category);
  • a short description of the applicant’s business venture and the main products or services it will provide to its customers;
  • confirmation that the applicant’s business venture meets the endorsement criteria;
  • the name and contact details (telephone number, email and workplace address) of an individual at the endorsing body who will verify the contents of the letter to the Home Office if requested.
 
The applicant can choose to apply as a sole founder of the business or as a member of an entrepreneurial team (can be 2 or even more persons).
 
There is no strict requirement for the new endorsement to be issued by the same endorsing body if the applicant’s last grant of leave was in the Tier 1 (Graduate Entrepreneur) or Start-up category. The endorsement however has to be valid at the time of application.
Endorsement criteria
The endorsement letter must confirm both following features:
1. That the applicant’s business venture meets all of the three endorsement requirements:
Innovation - the applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage.
Viability - the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business. 
Scalability - there is evidence of structured planning and of potential for job creation and growth into national markets.
(the requirement in 1. above does not apply if the applicant’s last grant of leave was in the Tier 1 (Graduate Entrepreneur) category, and the endorsement is from the same endorsing body as the endorsement which led to that grant of leave. Instead, the endorsement letter must confirm that the applicant’s business venture is genuine and credible.)
2. That the endorsing body is reasonably satisfied that the applicant will spend the majority of their working time in the UK on developing business ventures.
Endorsing bodies
There will be a full list of endorsing bodies on the gov.uk website.
The applicants will be asked to stay in contact with their respective endorsing body with checkpoints after 6 and 12 months.
The endorsing bodies will monitor whether the applicants are continuing to work on their business ventures and have either demonstrated reasonable progress with their original ideas or are pursuing new business ideas that are also innovative, viable and scalable.
Maintenance funds
An applicant will need to show maintenance funds of £945 for a consecutive 90-day period ending no earlier than 31 days before the date of application. 
The applicant does not need to provide evidence of maintenance funds if the letter from their endorsing body confirms that they have been awarded at least £945.
English language
The applicant must have good command of English to be able to communicate with variety of business organisations and potential customers. This can be demonstrated by one of the following:
  • being a national of a majority English speaking country;
  • passing an English language test proving a knowledge of English equivalent to level B2 of the Council of Europe’s Common European Framework (please refer to the Approved English Tests Providers List);
  • holding a degree taught in English and equivalent to a UK bachelor’s degree or above.
Periods and conditions of grant
Leave to enter or remain will be granted for up to 2 years initially and can only lead to a maximum of 2 years in the category.
For extension/switching applications 2 years can be granted however the time already granted in the Tier 1 (Graduate Entrepreneur) and Start-up categories will be deducted.

Switching
An applicant may also be able to switch to this category if they already hold leave to remain in the UK in one of the following categories:
  • Tier 1 (Graduate Entrepreneur);
  • Tier 2;
  • Tier 4 (General) – subject to *restrictions outlined below;
  • a visitor who has been undertaking permitted activities as a prospective entrepreneur.
 
*Restrictions for Tier 4 (General) Students applying in the UK
If the applicant’s last grant of leave was as a Tier 4 (General) Student, the following restrictions apply:
1. The applicant must have been sponsored as a Tier 4 (General) Student by one of the following:
  • a UK recognised body or a body in receipt of public funding as a higher education institution from one of the following:
- the Higher Education Funding Council for England,
- the Scottish Funding Council,
- the Higher Education Funding Council for Wales,
- the Department of Employment and Learning in Northern Ireland;
  • an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom;
  • an Embedded College offering Pathway Courses;
  • an independent school.
 
2. If the applicant was sponsored for their studies in the UK by a government or international scholarship agency, and the sponsorship is ongoing or ended less than 12 months before the date of application, the applicant must:
  • have been granted unconditional written consent to make the application by their sponsoring government or agency;
  • provide a letter from each sponsoring organisation confirming this (the letter must be issued by an authorised official of that organisation and contain contact details which allow it to be verified).
 
Dependants
An applicant can bring dependants to the UK and dependants already in the UK can apply for further leave as dependants in this category, subject to the dependant maintenance requirements. Dependants will now be allowed to apply from within the UK, as long as they are not here illegally, as visitors, or on temporary admission or temporary release.
​

Administrative review
Any refusal decision will attract a separate right of administrative review.


Innovator

A new route is being introduced to replace an existing route of Tier 1 (Entrepreneur) category. This category is aimed at more experienced business people seeking to establish a business in the UK.

Applicants are required to have an innovative, viable and scalable business idea which is supported by an endorsing body. The endorsements of applicants will be handled by UK trusted bodies – such as business accelerators, seed competitions and government agencies, as well as higher education providers. These bodies will assess applicants’ business ideas for their innovation, viability and scalability.
With some exceptions, applicants will have funding of at least £50,000 to invest in their business.

Applying
  • The Innovator category applies to experienced business people.
  • As well as an endorsement, applicants will need £50,000 to invest in their business from any legitimate source (reduced from £200,000 for most applicants in the current Tier 1 (Entrepreneur) category).
  • The funding requirement will be waived for those switching from the Start-up category who have made significant achievements against their business plans.
  • Endorsement for initial applications will be based on expert assessments whether applicants’ business ideas are innovative, viable and scalable.
  • Endorsement for extension applications in the Innovator category will be based on assessment of whether applicants have made significant achievements against their business plans, and whether their businesses are trading.
  • Applicants whose original business ideas did not succeed may re-apply, with a new business idea, for endorsement under the criteria for initial applications.
  • The category may lead to settlement in the UK. Applicants may apply for settlement as soon as their businesses satisfy at least two of these criteria (innovative, viable and scalable), providing they have spent at least three years in the category.
  • Endorsements for settlement applications will be made against a range of criteria – covering investment, innovation, business growth and job creation – which applicants may choose from in order to qualify for settlement.
The new category will not include points-scoring tables.

Requirements for entry clearance and leave to remain
The applicant must be at least 18 years old.
Credibility assessment
The UKVI will be undertaking a new credibility assessment which entails the following requirements:

  • Genuine intention to undertake, and to be capable of undertaking, any work or business activity in the UK stated in their application.
  • The applicant does not intend to work in the UK in breach of their conditions.
  • Any money which the applicant claims to be available is genuinely available as described, and the applicant intends to use it for the purposes described in the application.

The UKVI will further take into account any endorsement of the applicant and may also take into account additional factors:
  • the evidence the applicant has submitted and its credibility;
  • the applicant’s previous educational, work and immigration history;
  • declarations made to other government departments regarding the applicant’s previous employment and other activity in the UK;
  • any other relevant information.

The UKVI may ask the applicant to attend an interview or to provide additional information and evidence.
Endorsement
All applicants for entry clearance, leave to remain or indefinite leave to remain must have been endorsed in this category by an endorsing body listed on the gov.uk website. The endorsement letter issued by the endorsing body will have to contain the following information:
  • the name of the endorsing body;
  • the endorsement reference number;
  • the date of issue, which must be no earlier than 3 months before the date of application;
  • the applicant’s name, date of birth, nationality and passport number;
  • a short description of the applicant’s business venture and the main products or services it provides;
  • confirmation that the applicant’s business venture meets the endorsement criteria;
  • the name and contact details (telephone number, email and workplace address) of an individual at the endorsing body who will verify the contents of the letter to the Home Office if requested.

There are additional criteria depending if the endorsement is under the new business criteria or same businesscriteria.

The applicant can choose to apply as a sole founder of the business or as a member of an entrepreneurial team (can be 2 or even more persons).
(There must be at least £50,000 investment funds available for each Innovator team member.)

There is no strict requirement for the new endorsement to be issued by the same endorsing body if the applicant’s last grant of leave was in the Tier 1 (Graduate Entrepreneur) or Start-up category. The endorsement however has to be valid at the time of application.
Endorsement criteria
The endorsement letter must confirm both following features:
1. *That the applicant’s business venture meets all of the three endorsement requirements:
Innovation - the applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage.
Viability - the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business. 
Scalability - there is evidence of structured planning and of potential for job creation and growth into national markets.
(*the requirement in 1. above does not apply if the applicant’s last grant of leave was in the Tier 1 (Graduate Entrepreneur) category, and the endorsement is from the same endorsing body as the endorsement which led to that grant of leave. Instead, the endorsement letter must confirm that the applicant’s business venture is genuine and credible.)
2. That the endorsing body is reasonably satisfied that the applicant will spend the majority of their working time in the UK on developing business ventures.
If the endorsement was given under the new business endorsement, at least £50,000 funds must be available to the applicant to invest in their business.
If the endorsement was given under the same business criteria 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.
Endorsing bodies
There will be a full list of endorsing bodies on the gov.uk website.
The applicants will be asked to stay in contact with their respective endorsing body with checkpoints after 6, 12 and 24 months after their application is granted.
The endorsing bodies will monitor whether the applicants are continuing to work on their business ventures and have either demonstrated reasonable progress with their original ideas or are pursuing new business ideas that are also innovative, viable and scalable.
Maintenance funds
An applicant will need to show maintenance funds of £945 for a consecutive 90-day period ending no earlier than 31 days before the date of application. 
The applicant does not need to provide evidence of maintenance funds if the letter from their endorsing body confirms that they have been awarded at least £945 (this must be in addition to the £50,000 investment funds).
English language
The applicant must have good command of English to be able to communicate with variety of business organisations and potential customers. This can be demonstrated by one of the following:
  • being a national of a majority English speaking country;
  • passing an English language test proving a knowledge of English equivalent to level B2 of the Council of Europe’s Common European Framework (please refer to the Approved English Tests Providers List);
  • holding a degree taught in English and equivalent to a UK bachelor’s degree or above.

Periods and conditions of grant
Leave to enter or remain will be granted for up to 3 years initially and can be extended for up to 3 years. There is no maximum time limit in this category and the route can lead to settlement (subject to other requirements).
If the applicant is granted leave in the Innovator category, no employment other than working for the business the applicant established is allowed.

Additional requirements for settlement
The applicant must have spent a continuous 3 year period lawfully in the UK, with their last leave being in the Innovator category, to qualify for settlement and comply with the conditions of their most recent leave.
If the applicant is making a settlement application, they need to obtain an endorsement letter which must confirm both of the following:
  • The applicant meets all of these ‘same business’ endorsement criteria:
- Significant achievements, judged against the business plan assessed in their previous endorsement.
- Registration with Companies House and the applicant is listed as a director or member of that business.
- The business must be active and trading.
- The business appears to be sustainable for at least the following 12 months.
- The applicant plays an active key role in the day-to-day management and development of the business.

  • And, 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.
- The number of the business’s customers has at least doubled within the most recent 3 years.
- 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.
- 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).

The applicant may combine the above criteria even if they are similar (for example if the business has annual revenue if £1million, or £500,000 with at least £100,000 from exporting overseas, then two criteria have been met).

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.
  • Each of the jobs must involve an average of at least 30 hours of paid work per week.
  • 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.
  • 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 cannot qualify by relying on the same criterion twice (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.
The requirements relating to naturalization applications have not been affected and even if they obtain ILR on completing three years’ residence they would still be required to wait for another 2 years and comply with the residence and other requirements in order to apply for naturalization.

Switching
An applicant may also be able to switch to this category if they already hold leave to remain in the UK in one of the following categories:
  • Start-up;
  • Tier 1 (Graduate Entrepreneur);
  • Tier 1 (Entrepreneur)
  • Tier 2;
  • a visitor who has been undertaking permitted activities as a prospective entrepreneur.
Dependants
An applicant can bring dependants to the UK and dependants already in the UK can apply for leave as dependants in this category, subject to the dependant maintenance requirements. Dependants will now be allowed to apply from within the UK, as long as they are not here illegally, as visitors, or on temporary admission or temporary release.

Administrative Review
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of Administrative Review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information and documents already submitted with the application and will not be allowed to submit any fresh documentary evidence with the Review request. It is therefore strongly advised to seek professional help when making a Review request.
​

If an application for further leave to remain in the UK is refused by the Home Office, the applicant will be given a right of Administrative Review of the decision that must be exercised within 14 days of the date of service of decision. The applicant will only be able to rely on the information and documents already submitted with the application and will not be allowed to submit any fresh documentary evidence with the Review request. It is therefore strongly advised to seek professional help when making a Review request.

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通知:我行已于2021年12月18日正式由伦敦格林威治迁至伦敦市中心一区King's Cross / St Pancras International 火车/公交/地铁站出站口步行5分钟即是。详细地址如下:​

Agso International Lawyers (UK) Ltd
344-354 Gray's Inn Road
London
​WC1X 8BP

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