Since the introduction of the Start-Up and Innovator visa routes in April 2019, the approach of the Home Office has been to leave the business assessment and evaluation to the endorsing bodies, as this is their expertise. The Home Office will decide the final application once the endorsement has been secured, its given credibility to the applicant who keen to set up their business in the UK and genuinely develop it globally.
The Home Office now have the power to request further information and evidence from both the endorsing body and the applicant in order to consider whether the endorsing requirements were met and potentially refuse the application if the decision-maker believes that the criteria have not been met. This change helps to Home Office reviewing cases fully and identify business which are not viable.
The higher education providers can now indorse for Innovator as well as Start-up visas. It looks like the Home Office were “concerned” about the manner in which the Universities would endorse Innovator visa applicants, so the Home Office given themselves more power to look into applicants more even after the endorsement has been secured, on this occasion weaker applicants with less industry experience or background and not viable enough business idea might lead to refusal of the start-up or innovator visa.
The statement of changes made clear that the Home Office would like to retain the power to subjectively assess the applicants and refuse the applications which the decision-maker officer considers unworthy.
CONSULTATION FROM LONDON IMMIGRATION LAWYERS – Innovator Visa
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