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Indefinite leave to remain if you have an Innovator visa

1. Overview
You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Indefinite leave to remain is how you settle in the UK. It gives you the right to live, work and study here
for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British
citizenship.

Eligibility
You must have:

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using
any other visa
a new endorsement that shows you’ve met the requirements for growing your business
(https://www.gov.uk/indefinite-leave-to-remain-innovator-visa/getting-endorsed)

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test (https://www.gov.uk/life-in-the-uk-test).

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK
(https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk)
(‘continuous residence’).

When to apply
You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to
remain, you’ll need to renew it first.
Fees and how long it takes
It costs £2,389 for each person applying. You can include your partner and children
(https://www.gov.uk/indefinite-leave-to-remain-innovator-visa/family-members) on the same application form, if
they’re eligible.

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo)
taken.

You’ll usually get a decision within 6 months.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a
decision. Your application will be withdrawn if you do.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview
because of your personal circumstances, for example if you have a criminal conviction

2. Getting endorsed
Before you can apply, you must show an approved body
(https://www.gov.uk/government/publications/endorsing-bodies-innovator) that you’ve grown your business.

If you meet the criteria, the body will give you an endorsement letter to show that you’re eligible for
indefinite leave to remain.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements
You must be actively managing and developing the business.

Your business must be:

registered with Companies House (https://www.gov.uk/limited-company-formation/register-your-

company), and you’re either the director or a member
currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

doubled the number of customers in the last 3 years - and this number is higher than the average
for similar businesses
applied for intellectual property protection (https://www.gov.uk/intellectual-property-an-overview/protect-
your-intellectual-property) in the UK
 made £1 million revenue in the last full year covered by accounts
made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from
exporting overseas
created the equivalent of 10 full-time jobs that have existed for 12 months
created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of
£25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

The jobs you’ve created must be for ‘settled workers’. A settled worker is someone who was one of the
following when they started working for you:

a British citizen
an EEA citizen who was living in the UK and working for you by 31 December 2020
a Commonwealth citizen with a UK Ancestry visa
someone with indefinite leave to remain or settled status

3. Family members
You can include your partner and children on your application if they’re eligible.

Your partner and children can apply separately at a later date (https://www.gov.uk/settle-in-the-uk/y/you-re-
the-family-member-or-partner-of-someone-who-has-settled-in-the-uk/on-a-work-visa/a-tier-1-tier-2-or-tier-5-visa), for
example if they’re not eligible yet. They can continue to extend their visa as your dependant, even after
you get indefinite leave to remain.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)
they’ve lived in the UK with you as your dependant for at least 5 continuous years
your relationship is genuine
you intend to keep living together
you have enough income to support yourselves and your dependants
you’re not using public funds (https://www.gov.uk/government/publications/public-funds--2/public-funds)
(benefits)

Your partner can include time they’ve spent as your dependant on another visa to count towards the
continuous years they need to qualify. They cannot count any time spent on their own visa (not as your
dependant).

Your partner must also:

 pass the Life in the UK Test (https://www.gov.uk/life-in-the-uk-test)
meet the English language requirements (https://www.gov.uk/english-language)

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)
they are not married, in a civil partnership or living an independent life
they will live with you and be supported by you without relying on public funds (benefits)
you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you
there are serious or compelling reasons why they should be allowed to stay, for example you or your
child has a serious illness

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why
any rent or upkeep they pay you each month
that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement
credit card bill
driving licence
NHS registration document
a letter from their current school, college or university, on headed paper and issued by an
authorised official of that organisation

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

bank statements for you and your child covering the 3 months before the date you apply (to prove
you’ve supported them)
confirmation from their university or college on headed paper and issued by an authorised official
(if they’re studying)

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test (https://www.gov.uk/life-in-the-uk-test)

meet the English language requirements (https://www.gov.uk/english-language)

If your child is over 18 by the time you apply and does not meet these requirements, they must apply
separately.

4. How to apply
You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

If you’re not eligible to apply using an Innovator visa, you may be able to stay in the UK another way.
Check if you can:

extend your permission to stay in the UK (https://www.gov.uk/innovator-visa/extend-your-visa)

use a different way to apply for indefinite leave to remain (https://www.gov.uk/settle-in-the-uk)