Some visa categories require you to have a pre-assessment by an approved body, before the Home Office consider your prospective entry clearance or further leave to remain application. The visa categories to which this applies include the following:
- The Innovator;
- Start Up; and
- Global Talent.
For the Innovator and Start-up categories, the endorsing bodies are private businesses, with universities also acting as such for Start-up applications. When the category had initially opened, there was some concern the route would only be available to technology companies. However, this category is now open to all business areas, provided you are able to show that your business idea is “innovative, viable and scalable”.
Although each endorsing body has its own process and criteria, you must still also meet the general criteria above. How this is shown will depend on the endorsing body chosen. For further insight on the process of the Innovator and Start-up visa categories, please see our video https://www.gherson.com/innovator.
If you obtain an endorsement, the endorsing body will be required to check in with you at regular intervals to confirm that the business continues to meet the relevant criteria. You will also require a further endorsement for each prospective leave to remain or indefinite leave to remain application submitted based on the Innovator visa. The Start-up visa does not lead to settlement.
Alternatively, the endorsing bodies for the Global Talent visa will depend on whether you are seeking endorsement in one of the following fields:
- Arts and Culture;
- Architecture;
- Fashion;
- Film and Television;
- Digital Technology; or
- Science, Engineering, Humanities and Medicine.
You will be required to evidence that you are either a world leader in your field, or someone with the potential to become a world leader.
Covid-19 and processing time of the endorsement
An endorsement is valid for three months, you are usually required to submit a visa application within three months of the endorsement. Due to the Covid-19 pandemic, however, if you are granted an endorsement, the endorsing body will liaise with you accordingly with regards to issuing an endorsement at an appropriate time, where possible.
Although the visa application centres are currently closed, you will be required to obtain an endorsement before submitting any of the above types of applications. Prospective applications for endorsement in any of the above categories remain open.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2020
Consultant and trainee solicitor in our Corporate Team