Immigration Rules
Immigration Rules: Immigration Rules Appendix Start Up
gov.uk change note: Changes made in line with Statement of Changes HC 1333.
Headline
The Start-up route has been completely withdrawn, with all substantive provisions replaced by deleted ("DELETED") placeholders, effectively closing this immigration route.
Changes in detail
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Throughout the document — All numbered rules and requirements have been converted from active provisions to deleted provisions (indicated by "-" prefix and greyed out text formatting). This affects approximately 50+ individual rule paragraphs.
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SU 1.2 (validity requirements) — Requirements for fee payment, biometrics, passport, and endorsement letter dated no more than 3 months before application and issued before 13 April 2023 → DELETED.
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SU 1.5 (permission to stay restrictions) — Prohibition on switching from Visitor, Short-term Student, Parent of Child Student, Seasonal Worker, domestic worker, or permission outside the Rules → DELETED.
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SU 2.2 (suitability for permission to stay) — Requirements that applicants not be in breach of immigration laws or on immigration bail → DELETED.
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SU 5.1 (innovative, viable and scalable business requirement) — All criteria including genuine/original business plan, realistic achievability, necessary skills/knowledge, and structured planning with job creation potential → DELETED.
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SU 6.1 (no other established business requirement) — Prohibition on previously establishing UK businesses, with exceptions for businesses established during Start-up, Tier 1 Graduate Entrepreneur, or Student doctorate extension scheme permission → DELETED.
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SU 10.1 (endorsement requirement) — All requirements for endorsement letters including endorsing body details, reference numbers, contact verification, business descriptions, and confirmations about innovation/viability, working time, founder status, and business plan ownership → DELETED.
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SU 12.1 (conditions of grant) — Work permissions (except professional sportsperson employment), study permissions subject to ATAS, and no access to public funds conditions → DELETED.
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Dependent provisions (SU 13.2, 13.5, 14.2, 16.1-16.2, 17.1-17.2, 19A.1, 20.2-20.2A, 22.3) — All validity requirements, suitability requirements, relationship requirements, financial requirements, and grant conditions for dependent partners and children → DELETED.
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SU 20.2A (financial requirements for dependents) — Specific amounts of £285 for dependent partner, £315 for first dependent child, £200 for additional dependent children → DELETED.
Practical implications
Immediate impact: No new Start-up applications can be made. The route is effectively closed.
Pending applications: Any applications submitted before this change should continue to be processed under the previous rules, but practitioners should verify the cut-off date for endorsement letters (13 April 2023 remains in the deleted text).
Client advice: Start-up route clients must now consider alternative routes such as: - Innovator Founder route (if they meet higher requirements) - Skilled Worker route (if they have a job offer) - Global Talent route (if endorsed in relevant field) - Student route (for further study)
Existing Start-up holders: The document does not address what happens to current Start-up permission holders, suggesting they may complete their current permission period but cannot extend on this route.
Administrative changes
The document has been reformatted with improved table layouts (using "|" markers instead of basic formatting) and additional spacing throughout. These are purely presentational changes that do not affect the legal content.
Diff
@@ -1,9 +1,11 @@ The person must have an innovative, viable and scalable business idea which is supported by an endorsing body approved by the Home Office. + A person on the Start-up route can bring a dependent partner and dependent children to the UK. + Start-up is not a route to settlement. A person may be eligible to progress from Start-up to the Innovator route, which is a route to settlement. @@ -11,79 +13,85 @@ ## Validity requirements for Start-up route + SU 1.1. A person applying for entry clearance or permission to stay on the Start-up route must apply online on the gov.uk website on the specified form as follows: - Applicant - Specified form - - - - - EEA national with a chipped passport - Either: +| + | Applicant + | Specified form + + + + +| + | EEA national with a chipped passport + | Either: • Start-up or Innovator using the UK Immigration: ID Check app (when available); or • the forms listed below for applicants outside or inside the UK (as relevant) - Applicants outside the UK - Start-up or Innovator visa - - - Applicants inside the UK - Start-up or Innovator permission to stay - - - - - - - - -SU 1.2. An application for entry clearance or permission to stay on the Start-up route must meet all the following requirements: - - -(a) any fee and Immigration Health Charge must have been paid; and - -(b) the applicant must have provided any required biometrics; and - -(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and - -(d) the applicant must have been issued with an endorsement letter by an endorsing body dated no more than 3 months before the date of application, and issued before the 13 April 2023, and that endorsement must not have been withdrawn. - - - +| + | Applicants outside the UK + | Start-up or Innovator visa + + +| + | Applicants inside the UK + | Start-up or Innovator permission to stay + + + + + + + +- SU 1.2. An application for entry clearance or permission to stay on the Start-up route must meet all the following requirements: + + +- (a) any fee and Immigration Health Charge must have been paid; and + +- (b) the applicant must have provided any required biometrics; and + +- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and + +- (d) the applicant must have been issued with an endorsement letter by an endorsing body dated no more than 3 months before the date of application, and issued before the 13 April 2023, and that endorsement must not have been withdrawn. + + + + SU 1.3. The applicant must be aged 18 or over on the date of application. + SU 1.4. If the applicant has in the last 12 months before the date of application received an award from a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency. - - - -SU 1.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission: - - -(a) as a Visitor; or - -(b) as a Short-term Student; or - -(c) as a Parent of a Child Student; or - -(d) as a Seasonal Worker; or - -(e) as a domestic worker in a private household; or - -(f) outside the Immigration Rules. - - - + + +- SU 1.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission: + + +- (a) as a Visitor; or + +- (b) as a Short-term Student; or + +- (c) as a Parent of a Child Student; or + +- (d) as a Seasonal Worker; or + +- (e) as a domestic worker in a private household; or + +- (f) outside the Immigration Rules. + + + + @@ -94,18 +102,18 @@ ## Suitability requirements for the Start-up route + SU 2.1. The applicant must not fall for refusal under Part Suitability. - - - -SU 2.2. If applying for permission to stay the applicant must not be: - - -(a) in breach of immigration laws, except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded; or - -(b) on immigration bail. + + +- SU 2.2. If applying for permission to stay the applicant must not be: + + +- (a) in breach of immigration laws, except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded; or + +- (b) on immigration bail. @@ -120,9 +128,11 @@ ## Entry requirements for the Start-up route + SU 3.1. A person seeking to come to the UK on the Start-up route must apply for and obtain entry clearance on the Start-up route before they arrive in the UK. + SU 3.2. A person applying for entry clearance on the Start-up route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them. @@ -130,35 +140,42 @@ ## Points requirement for Start-up + SU 4.1. The applicant must be awarded a total of 70 points from the table below. - Requirement (mandatory) - Points available - - - - - Business is innovative, viable and scalable. - 25 - - - The applicant has not previously established a business in the UK - 25 - - - English Language at level B2 - 10 - - - Financial requirement - 10 - - - Total number of points required - 70 +| + | Requirement (mandatory) + | Points available + + + + +| + | Business is innovative, viable and scalable. + | 25 + + +| + | The applicant has not previously established a business in the UK + | 25 + + +| + | English Language at level B2 + | 10 + + +| + | Financial requirement + | 10 + + +| + | Total number of points required + | 70 @@ -168,19 +185,18 @@ ## Innovative, viable and scalable business requirement for Start-up route - - - -SU 5.1. An applicant will meet the innovative, viable and scalable business venture requirement if all the following requirements are met: - - -(a) the applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage; and - -(b) the applicant’s business plan is realistic and achievable based on the applicant’s available resources; and - -(c) the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business; and - -(d) there is evidence of structured planning and of potential for job creation and growth into national markets. + + +- SU 5.1. An applicant will meet the innovative, viable and scalable business venture requirement if all the following requirements are met: + + +- (a) the applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage; and + +- (b) the applicant’s business plan is realistic and achievable based on the applicant’s available resources; and + +- (c) the applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business; and + +- (d) there is evidence of structured planning and of potential for job creation and growth into national markets. @@ -191,17 +207,16 @@ ## No other established business in the UK requirement for Start-up route - - - -SU 6.1. The applicant must not have previously established any business in the UK which commenced trading, unless this business commenced trading during the applicant’s last period of permission and that permission was for any of the following routes: - - -(a) Start-up; or - -(b) Tier 1 (Graduate Entrepreneur); or - -(c) Student on the doctorate extension scheme. + + +- SU 6.1. The applicant must not have previously established any business in the UK which commenced trading, unless this business commenced trading during the applicant’s last period of permission and that permission was for any of the following routes: + + +- (a) Start-up; or + +- (b) Tier 1 (Graduate Entrepreneur); or + +- (c) Student on the doctorate extension scheme. @@ -212,6 +227,7 @@ ## Genuine Start-up requirement + SU 7.1. The applicant must be a genuine Start-up applicant. @@ -219,12 +235,15 @@ ## Financial requirement for the Start-up route + SU 8.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement and do not need to show funds. + SU 8.2. If an applicant is applying for entry clearance or has been in the UK for less than 12 months at the date of application, they must have funds of at least £1,270. + SU 8.3. The applicant must show that they have held the required level of funds for a 28 day period and as set out in Appendix Finance unless their endorsing body confirms they have been awarded funding of at least the amount in SU 8.2. @@ -232,9 +251,11 @@ ## English language requirement for the Start-up route + SU 9.1. The applicant must show English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening) of at least level B2. + SU 9.2. The applicant must show they meet the English language requirement as specified in Appendix English Language. @@ -242,31 +263,30 @@ ## Endorsement requirement for the Start-up route - - - -SU 10.1. The applicant must provide a letter from their endorsing body which includes all the following information: - - -(a) the name of the endorsing body; and - -(b) the endorsement reference number; and - -(c) the name, telephone number, email and workplace address of a person at the endorsing body who will verify the contents of the letter to the Home Office if requested; and - -(d) the date of endorsement; and - -(e) the applicant’s name, date of birth, nationality and passport or other travel document number; and - -(f) a short description of the applicant’s business venture and the main products or services it will provide to its customers; and - -(g) confirmation that in the view of the endorsing body the applicant’s business is innovative, viable and scalable as set out at SU 5.1.; and - -(h) confirmation that the endorsing body is satisfied that the applicant will spend the majority of their working time in the UK on developing their business venture; and - -(i) confirmation that the endorsing body is satisfied the applicant is either the sole founder of the business or an instrumental member of the founding team; and - -(j) confirmation the endorsing body is satisfied that the applicant has created and is relying on their own business plan. + + +- SU 10.1. The applicant must provide a letter from their endorsing body which includes all the following information: + + +- (a) the name of the endorsing body; and + +- (b) the endorsement reference number; and + +- (c) the name, telephone number, email and workplace address of a person at the endorsing body who will verify the contents of the letter to the Home Office if requested; and + +- (d) the date of endorsement; and + +- (e) the applicant’s name, date of birth, nationality and passport or other travel document number; and + +- (f) a short description of the applicant’s business venture and the main products or services it will provide to its customers; and + +- (g) confirmation that in the view of the endorsing body the applicant’s business is innovative, viable and scalable as set out at SU 5.1.; and + +- (h) confirmation that the endorsing body is satisfied that the applicant will spend the majority of their working time in the UK on developing their business venture; and + +- (i) confirmation that the endorsing body is satisfied the applicant is either the sole founder of the business or an instrumental member of the founding team; and + +- (j) confirmation the endorsing body is satisfied that the applicant has created and is relying on their own business plan. @@ -277,9 +297,11 @@ ## Decision on the Start-up route + SU 11.1. If the decision- maker is satisfied that all the suitability and eligibility requirements are met for the Start-up route, the application will be granted, otherwise the application will be refused. + SU 11.2. If the application is refused the person can apply for Administrative Review under Appendix AR: Administrative Review. @@ -287,22 +309,22 @@ ## Conditions and period of grant on the Start-up route - - - -SU 12.1. The grant will be subject to all the following conditions: - - -(a) no access to public funds; and - -(b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson, including as a sports coach; and - -(c) study is permitted, subject to the ATAS condition in Appendix ATAS. - -(d) DELETED - - - + + +- SU 12.1. The grant will be subject to all the following conditions: + + +- (a) no access to public funds; and + +- (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson, including as a sports coach; and + +- (c) study is permitted, subject to the ATAS condition in Appendix ATAS. + +- (d) DELETED + + + + @@ -317,30 +339,35 @@ ## Validity requirements for a dependent partner or dependent child on the Start-up route + SU 13.1. An application as a partner or child on the Start-up route must be made online on the gov.uk website on the specified form as follows: - Applicant - Specified form - - - - - EEA national with a chipped passport - Either (as applicable): +| + | Applicant + | Specified form + + + + +| + | EEA national with a chipped passport + | Either (as applicable): • Dependant partner or dependant child using the UK Immigration: ID Check app; or • the forms listed below for dependant applicants outside or inside the UK as relevant. - Applicants outside the UK - Dependant partner visa +| + | Applicants outside the UK + | Dependant partner visa Dependant child visa - Applicants inside the UK - If the dependant is applying at the same time as the Start-Up route applicant, they can be included in the form “Start-Up or Innovator permission to stay” where the form allows dependants to be added. +| + | Applicants inside the UK + | If the dependant is applying at the same time as the Start-Up route applicant, they can be included in the form “Start-Up or Innovator permission to stay” where the form allows dependants to be added. Otherwise: - Dependant partner - Dependant child @@ -349,26 +376,25 @@ - - - -SU 13.2. An application for entry clearance or permission to stay as a partner or child of a person on the Start-up route must meet all the following requirements: - - -(a) any fee and Immigration Health Charge must have been paid; and - -(b) the applicant must have provided any required biometrics; and - -(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and - -(d) the applicant must be applying as partner or child of a person (P) who: + + +- SU 13.2. An application for entry clearance or permission to stay as a partner or child of a person on the Start-up route must meet all the following requirements: + + +- (a) any fee and Immigration Health Charge must have been paid; and + +- (b) the applicant must have provided any required biometrics; and + +- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and + +- (d) the applicant must be applying as partner or child of a person (P) who: -(i) has made a valid application for entry clearance or permission to stay on the Start-up not been decided; or +- (i) has made a valid application for entry clearance or permission to stay on the Start-up not been decided; or -(ii) has entry clearance or permission to stay on the Start-up route; or +- (ii) has entry clearance or permission to stay on the Start-up route; or -(iii) is settled or has become a British citizen, providing that P had permission on the Start-up route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled. +- (iii) is settled or has become a British citizen, providing that P had permission on the Start-up route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled. @@ -377,32 +403,34 @@ + SU 13.3. A person applying as a dependent partner must be aged 18 or over on the date of application. + SU 13.4. DELETED. - - - -SU 13.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission: - - -(a) as a Visitor; or - -(b) as a Short-term Student; or - -(c) as a Parent of a Child Student; or - -(d) as a Seasonal Worker; or - -(e) as a domestic worker in a private household; or - -(f)outside the Immigration Rules. - - - + + +- SU 13.5. A person applying for permission to stay must be in the UK and must not have, or have last been granted, permission: + + +- (a) as a Visitor; or + +- (b) as a Short-term Student; or + +- (c) as a Parent of a Child Student; or + +- (d) as a Seasonal Worker; or + +- (e) as a domestic worker in a private household; or + +- (f)outside the Immigration Rules. + + + + @@ -413,18 +441,18 @@ ## Suitability requirements for a dependent partner or dependent child on the Start-up route + SU 14.1. The suitability requirements for a partner or child on the Start-up route are that they must not fall for refusal under Part Suitability. - - - -SU 14.2. If applying for permission to stay the applicant must not be: - - -(a) in breach of immigration laws, except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded; or - -(b) on immigration bail. + + +- SU 14.2. If applying for permission to stay the applicant must not be: + + +- (a) in breach of immigration laws, except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded; or + +- (b) on immigration bail. @@ -439,9 +467,11 @@ ## Entry requirement for a dependent partner and dependent child on the Start-up route + SU 15.1. A person seeking to come to the UK as a partner or child must apply for and obtain entry clearance as a partner or child before they arrive in the UK. + SU 15.2. A person applying for entry clearance as a partner or child on the Start-up route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them. @@ -449,26 +479,27 @@ ## Relationship requirements for a dependent partner on the Start-up route - - - -SU 16.1. The applicant must be the partner of a person (P) and one of the following must apply: - - -(a) P has permission on the Start-up route; or - -(b) P is, at the same time, applying for (and is granted) permission on the Start-up route. - - - -SU 16.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner. - + + +- SU 16.1. The applicant must be the partner of a person (P) and one of the following must apply: + + +- (a) P has permission on the Start-up route; or + +- (b) P is, at the same time, applying for (and is granted) permission on the Start-up route. + + + +- SU 16.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner. + + SU 16.3. DELETED. + SU 16.4. DELETED. @@ -476,12 +507,11 @@ ## Relationship requirement for a dependent child on the Start-up route - - - -SU 17.1. DELETED. - -SU 17.2. DELETED. + + +- SU 17.1. DELETED. + +- SU 17.2. DELETED. @@ -490,6 +520,7 @@ ## Care requirement for a dependent child on the Start-up route + SU 18.1. DELETED. @@ -497,9 +528,11 @@ ## Age requirement for a dependent child on the Start-up route + SU 19.1. DELETED. + SU 19.2. DELETED. @@ -507,17 +540,16 @@ ## Requirements for a dependent child on the Start-up route - - - -SU 19A.1. The applicant must meet the following requirements for a dependent child in Appendix Children: - - -(a) relationship requirement: entry clearance and permission to stay; and - -(b) care requirement; and - -(c) age and independent life requirement. + + +- SU 19A.1. The applicant must meet the following requirements for a dependent child in Appendix Children: + + +- (a) relationship requirement: entry clearance and permission to stay; and + +- (b) care requirement; and + +- (c) age and independent life requirement. @@ -528,46 +560,47 @@ ## Financial requirement for a dependent partner or dependent child on the Start-up route + SU 20.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds. - - - -SU 20.2. If the applicant is applying for entry clearance, or has been in the UK for less than 12 months on the date of application, funds of at least the amount required in SU 20.2A must be held collectively by one or more of the following: - - -(a) the applicant; and - -(b) the person on the Start-up route (P); and - -(c) if the applicant is applying as a dependent child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time. - - - - - - - - - -SU 20.2A. The funds required are: - - -(a) £285 for a dependent partner in the UK, or applying for entry clearance; and - -(b) £315 for the first dependent child in the UK, or applying for entry clearance; and - -(c) £200 for any other dependent child in the UK, or applying for entry clearance. - - - + + +- SU 20.2. If the applicant is applying for entry clearance, or has been in the UK for less than 12 months on the date of application, funds of at least the amount required in SU 20.2A must be held collectively by one or more of the following: + + +- (a) the applicant; and + +- (b) the person on the Start-up route (P); and + +- (c) if the applicant is applying as a dependent child, their parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time. + + + + + + + + +- SU 20.2A. The funds required are: + + +- (a) £285 for a dependent partner in the UK, or applying for entry clearance; and + +- (b) £315 for the first dependent child in the UK, or applying for entry clearance; and + +- (c) £200 for any other dependent child in the UK, or applying for entry clearance. + + + + SU 20.3. The funds must be in addition to any funds required by the Start-up applicant to meet the financial requirement and for any dependants in the UK or applying at the same time. + SU 20.4. The required level of funds must have been held for a 28-day period and as set out in Appendix Finance. @@ -575,9 +608,11 @@ ## Decision on application for a dependent partner and dependent child on the Start-up route + SU 21.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a dependent partner or dependent child on the Start-up route the application will be granted, otherwise the application will be refused. + SU 21.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review. @@ -585,21 +620,22 @@ ## Period and conditions of grant for a dependent partner and dependent child on the Start-up route + SU 22.1. A partner will be granted permission which ends on the same date as their partner’s permission on the Start-up route + SU 22.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first. - - - -SU 22.3. The grant will be subject to all the following conditions: + + +- SU 22.3. The grant will be subject to all the following conditions: *(a) no access to public funds; and -(b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson, including as a sports coach; and - -(c) study is permitted, subject to the ATAs condition in Appendix ATAS. - -(d) DELETED +- (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson, including as a sports coach; and + +- (c) study is permitted, subject to the ATAs condition in Appendix ATAS. + +- (d) DELETED