Common Pitfalls Entrepreneurs Face in the UK Innovator Founder Visa Application Process: An Interview with Startup Immigration Expert Fyodor Goldman
Source: GRITDAILY
Are you among the entrepreneurs considering the United Kingdom as your destination for immigration? The Innovator Founder visa might be the right choice for you. Not only does it allow you to build your own business in the UK, but it also offers the opportunity to secure a UK residence permit in just three years, after which you can apply for British citizenship. However, navigating the process of obtaining the Innovator Founder visa can be tricky, and even small mistakes can jeopardize your chances of success.
In this interview, Fyodor Goldman, founder of the UK immigration law firm Goldman Solutions, shares his expert insights on the top five mistakes to avoid when applying for the Innovator Founder visa. By following his advice, you’ll significantly increase the likelihood of a successful application and avoid costly missteps.
Hi, Fyodor. Thank you for sitting down with us today. So, to start things off, we’ll discuss a common question when it comes to the Innovator Founder visa application, which is about having multiple co-founders in a business. Is this actually risky in terms of getting a visa endorsement?
Well, it’s totally fine if you prefer not to go it alone and decide to apply with a co-founder. However, it’s crucial to ensure that both you and your co-founders have clearly defined roles within the business. It must be evident that the business cannot succeed without each of you. If there isn’t a solid explanation of why each co-founder is essential, both the endorsing body and the Home Office may view one co-founder as a “passenger in the bus,” someone who isn’t actively contributing to its success. This increases the risk of a declined endorsement. It’s vital that every co-founder is seen as irreplaceable.
And what about startup teams that outsource their IT development and apply for the Innovator Founder visa? Is having in-house development a condition for success?
This is actually the second common mistake Innovator Founder visa applicants make. Emphasizing that key aspects of the business will be outsourced is tricky because the latest guidance clearly states that innovation cannot be outsourced — particularly the core technology development. The Home Office expects key tech development to be done in-house. One way to address this is by ensuring you have a Chief Technology Officer (CTO) as part of your core team. While outsourcing is acceptable to some extent, the primary development of the technology behind your innovation must be handled internally.
Another area of confusion for Innovator Founder visa applicants is understanding what qualifies as “innovation.” How can this confusion affect endorsement applications?
Indeed, the definition of “innovation” can be somewhat confusing, especially since the Home Office and endorsing bodies have different interpretations. But in general, the innovation for this visa needs to be disruptive. It’s not enough for your innovation to be iterative. It must be something entirely new, something that hasn’t been done by any other business in the UK. It doesn’t have to be a groundbreaking breakthrough, but it must be new at its core.
For applicants with businesses that have already begun operations abroad, the Innovator Founder visa application process can be tricky as well. Do you have any advice for such founders?
Absolutely. While you can bring your business to the UK, you’ll need to demonstrate what new innovation will be created during the next three years. Simply copying and pasting your previous work won’t suffice. You must show that ongoing research and development will take place in the UK, contributing to the continued innovation of your business.
Is there anything business-related that visa applicants should plan in advance?
Yes, one important thing is having a solid intellectual property (IP) strategy in place — covering patents, design rights, and other forms of IP protection. Not only will this help you score extra points in your initial application, but it’s also essential for long-term planning. When applying for indefinite leave to remain (ILR) or permanent residency, having a strong IP strategy is one of the criteria that are often easier to meet compared to other requirements, like job creation. It is recommended that you plan your IP strategy early on. It should not be left until the third year of your visa.
Let’s sum up. What are the top five mistakes to avoid when applying for the Innovator Founder visa?
Sure, here they are:
The first mistake is failing to clearly define the roles of your co-founders. You need to explain why each co-founder is irreplaceable and how they contribute to the leadership and success of the business.
The second mistake is outsourcing key tech development instead of developing your technology in-house.
The third mistake is misunderstanding the definition of innovation. It’s important to align with the endorsing body’s understanding of what qualifies as disruptive innovation, not your own vision of it. A good immigration lawyer can help you navigate this.
The fourth mistake is just copying a business model you’ve already used outside the UK. You must show what new innovation will come to life in the UK.
Finally, the fifth mistake is not planning your Intellectual Property strategy in advance. IP strategy takes time and requires a long-term approach, so it’s essential to start early.
If you avoid these common mistakes and take the time to carefully plan every aspect of your Innovator Founder visa application, you’ll significantly increase your chances of success.
Hi, Fyodor. Thank you for sitting down with us today. So, to start things off, we’ll discuss a common question when it comes to the Innovator Founder visa application, which is about having multiple co-founders in a business. Is this actually risky in terms of getting a visa endorsement?
Well, it’s totally fine if you prefer not to go it alone and decide to apply with a co-founder. However, it’s crucial to ensure that both you and your co-founders have clearly defined roles within the business. It must be evident that the business cannot succeed without each of you. If there isn’t a solid explanation of why each co-founder is essential, both the endorsing body and the Home Office may view one co-founder as a “passenger in the bus,” someone who isn’t actively contributing to its success. This increases the risk of a declined endorsement. It’s vital that every co-founder is seen as irreplaceable.
And what about startup teams that outsource their IT development and apply for the Innovator Founder visa? Is having in-house development a condition for success?
This is actually the second common mistake Innovator Founder visa applicants make. Emphasizing that key aspects of the business will be outsourced is tricky because the latest guidance clearly states that innovation cannot be outsourced — particularly the core technology development. The Home Office expects key tech development to be done in-house. One way to address this is by ensuring you have a Chief Technology Officer (CTO) as part of your core team. While outsourcing is acceptable to some extent, the primary development of the technology behind your innovation must be handled internally.
Another area of confusion for Innovator Founder visa applicants is understanding what qualifies as “innovation.” How can this confusion affect endorsement applications?
Indeed, the definition of “innovation” can be somewhat confusing, especially since the Home Office and endorsing bodies have different interpretations. But in general, the innovation for this visa needs to be disruptive. It’s not enough for your innovation to be iterative. It must be something entirely new, something that hasn’t been done by any other business in the UK. It doesn’t have to be a groundbreaking breakthrough, but it must be new at its core.
For applicants with businesses that have already begun operations abroad, the Innovator Founder visa application process can be tricky as well. Do you have any advice for such founders?
Absolutely. While you can bring your business to the UK, you’ll need to demonstrate what new innovation will be created during the next three years. Simply copying and pasting your previous work won’t suffice. You must show that ongoing research and development will take place in the UK, contributing to the continued innovation of your business.
Is there anything business-related that visa applicants should plan in advance?
Yes, one important thing is having a solid intellectual property (IP) strategy in place — covering patents, design rights, and other forms of IP protection. Not only will this help you score extra points in your initial application, but it’s also essential for long-term planning. When applying for indefinite leave to remain (ILR) or permanent residency, having a strong IP strategy is one of the criteria that are often easier to meet compared to other requirements, like job creation. It is recommended that you plan your IP strategy early on. It should not be left until the third year of your visa.
Let’s sum up. What are the top five mistakes to avoid when applying for the Innovator Founder visa?
Sure, here they are:
The first mistake is failing to clearly define the roles of your co-founders. You need to explain why each co-founder is irreplaceable and how they contribute to the leadership and success of the business.
The second mistake is outsourcing key tech development instead of developing your technology in-house.
The third mistake is misunderstanding the definition of innovation. It’s important to align with the endorsing body’s understanding of what qualifies as disruptive innovation, not your own vision of it. A good immigration lawyer can help you navigate this.
The fourth mistake is just copying a business model you’ve already used outside the UK. You must show what new innovation will come to life in the UK.
Finally, the fifth mistake is not planning your Intellectual Property strategy in advance. IP strategy takes time and requires a long-term approach, so it’s essential to start early.
If you avoid these common mistakes and take the time to carefully plan every aspect of your Innovator Founder visa application, you’ll significantly increase your chances of success.
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