With access to international markets, a strong legal system and investor-friendly policies, the UK remains one of the most attractive destinations for global entrepreneurs and growing companies. However, with immigration rules evolving more than ever, choosing the right visa route can be complex, and making the wrong choice could cost you time, money and opportunity.
This guide is designed for overseas founders, business owners and professionals looking to launch, scale or relocate a business in the UK. You’ll discover four key visa options, including who they’re for, how they work, and what to consider before applying, helping you find the right route and avoid common mistakes.
If you are not sure which visa is right for you or your business, speak to our business immigration solicitors for tailored, practical advice that helps you move forward with confidence.
Contents:
The UK Immigration Landscape
The UK immigration system has different rules and requirements for those launching a new business, those investing in an existing business, and those expanding their operation to the UK. Depending on your unique circumstances, key factors to weigh include eligibility, required investment, business model scalability, innovation, and job creation potential.
Visa Options
There are four key visa routes as outlined in the table below, giving you an initial guide of the visa options available for your business:
Innovator Founder visa: For entrepreneur wanting to set up a business in the UK which is unique to the UK market.
Global Talent visa: Applicable to individuals recognised as leaders or emerging leaders in certain fields (digital technology, arts and culture, and academia and research).
Skilled Worker (self-sponsorship) visa: For individuals with an established business in the UK, through which they would sponsor themselves.
Expansion Worker: Applicable to overseas businesses that wish to expand to the UK and send employees from overseas to set up operations in the UK.
We highly recommend seeking legal advice from experienced business immigration solicitors to confirm eligibility and to ensure you and your business remain compliant under the Home Office’s close scrutiny.
Visa type | Innovator Founder | Global Talent | Skilled Worker (self-sponsorship) | Expansion Worker |
Eligibility criteria | The business must be innovative, viable and scalable. Requires endorsement from one of the four Home Office-approved endorsing bodies, which assess the genuineness and viability of the business as well as how it will be funded. Must meet the English language and maintenance requirement. | Requires endorsement from the approved body (e.g. the Tech Nation, Arts Council, or Royal Academy of Engineering). | Requires a business to be set up in the UK with a Sponsor Licence. This means the business should be operating and have the capacity to sponsor an employee, including UK-based personnel, to meet certain requirements of the Sponsor Licence. The UK-based business should be able to evidence a genuine vacancy. The role must meet the minimum skills and salary threshold as set by the Home Office. Must meet the English language and maintenance requirement. | Must submit a UK Expansion Worker Sponsor Licence with a business case and evidence that the overseas company is trading and a UK company has been registered with a UK ’footprint’ (it does not need to be trading but should be in process of getting a UK bank account and office lease). The individual being sponsored must hold a senior role in the overseas parent company and worked for the overseas company for at minimum of 12 months, unless on a salary of £73900 pa, a Japanese national working for a Japanese company or a permanent resident or national of Australia working for an Australian company. The role must meet the minimum skills and salary threshold as set by the Home Office. |
Application process | Two-stage process: stage one is applying to the endorsement body with the business plan including market research and financial projections. Once the endorsement is approved, stage two is the visa application which will be assessed by the Home Office. This will require the supporting documents such as evidence of English language and maintenance. | Individuals that have won an eligible prestigious prize can apply directly. Otherwise, an endorsement is required from an eligible body to confirm you are a leader or potential leader in your field. Requires evidence of portfolio or talent. Once the endorsement is approved, you can submit the visa application. | A UK-based business must be registered in the UK to apply for a Sponsor Licence. The business must be actively operating. It will also require UK-based staff to fill certain personnel roles. Once the company has a licence, a Certificate of Sponsorship must be assigned to the individual through the licence for the vacancy before a visa application is submitted to the Home Office. | Must submit a UK Expansion Worker Sponsor Licence with a business plan and financial projections for the UK operation. Once the licence is approved , a Certificate of Sponsorship must be assigned through the licence to the individual for the role before a visa application is submitted to the Home Office. |
Benefits and limitations | Benefits Initial visa is granted for three years, which can be extended. An option to apply for settlement after three years subject to meeting certain requirements. Allows dependent family members to join the main applicant. Flexible regarding investment amount as long as it is adequate. Limitations High threshold to meet the innovative requirement. Subjective process due to strict genuineness requirement by the Home Office. | Benefits Initial visa is granted normally for five years. Leads to settlement after three or five years subject to meeting the requirements and the specific field. Allows dependent family members to join the main applicant. Flexibility in working, freelancing, and setting up a business in the UK. No requirement for a job offer or a business plan. Limitations High threshold for talent recognition, requiring an exceptional portfolio. | Benefits Initial visa can be granted up to five years, Leads to settlement after five years. Allows dependent family members to join the main applicant. Limitations Administratively intensive. Rigorous requirements for securing the Sponsor Licence, requiring assistance from someone based in the UK. The company will need to be actively operating and to submit evidence of this. Requires a genuine vacancy and t the minimum skills and salary threshold must be met | Benefits Initial visa is granted for 12 months, with one possible extension for a total of two years. Allows a short-term entry to establish a UK presence, with the option to switch to a more permanent visa route. Limitations Limited to senior employees and not business owners. Does not lead to settlement and initial visa limited to 1 year. The overseas parent must not have an active UK presence. Strict conditions on the role and responsibilities within the parent company as must be an eligible role. Will need to switch the licence to a Skilled Worker licence and visa to Skilled Worker visa to stay beyond 2 years in the UK. |
Important factors to consider | The Home Office can still require additional documentation or question the business plan even once the endorsement body stage is approved. It is helpful to seek guidance from immigration specialists as they have a good understanding of what the Home Office are looking for from a visa perspective. | There is a high threshold on what constitutes talent. It is both subjective and competitive and legal advice can help evaluate the merits of your case and the best supporting documents to provide. | Securing the Sponsor Licence requires an understanding of the Home Office requirements and ensuring the business is ready to apply for this as a refusal can lead to a six-months suspension from applying again. There must be a genuine vacancy that the individual being sponsored with be taken up. There is a need for initial financial investment in setting up an active and operating business, therefore careful planning and legal advice is recommended. | Securing the Sponsor Licence requires an understanding of the Home Office requirements and ensuring the business is ready to apply for this as a refusal can lead to a six-months suspension from applying again. Due to the lengthy evidential requirements and needing the initial step to be completed from overseas, it will be beneficial to seek legal advice and assistance in advance. There is no timeframe to assess the licence application. There can be lengthy delays of up to 6 months as checks are made on foreign supporting documents for the business abroad. |
Important Factors to Consider Before Choosing a Visa Route
While the UK offers a number of visa routes for business owners and entrepreneurs, choosing the right visa route is not a one-size-fits-all process. Your decision should consider your business goals, personal background, and the stage your business is currently at. Each visa option has different eligibility requirements, levels of flexibility in terms of what you can do in the UK, and timeframes. It is therefore key to think about your long-term goals and not just the initial move.
Some key questions to ask yourself:
- Are you looking to launch a new business venture or expand an existing overseas business?
- Are you looking for full control over the company, or will you enter as part of a team?
- Do you have a strong international reputation in your field?
- Do you think your innovative idea has potential for securing endorsement by a recognised body?
- Will you have the necessary internal compliance infrastructures to secure a Sponsor Licence?
- What are your timeframes for moving?
- Are you seeking long-term residence and routes to settlement?
Taking time to consider these questions with a professional can ensure you start on the right path. It is important to understand the visa requirements and your current circumstances. This is where working with a specialist immigration advisor can make the difference. They can analyse your circumstances against the criteria and use their knowledge and experience of recent applications and Home Office decisions to advise you on what options are realistically available to you. They will also be able to spot any red flags early on, guide you on the best supporting evidence to minimise chances of unnecessary delays or refusals, and avoid costly mistakes or non-compliance.
Avoiding Common Mistakes
It can be an exciting step to launch a new business or expand in a new country, and there will probably be various other factors, such as tax, corporate law, and logistical issues that will demand your attention. When it comes to immigration, there are common mistakes that can significantly impact your plans and potentially jeopardise the move.
Applying for the wrong visa type
With all the different options and the scrutiny and high threshold with some of the routes, it is easy to apply for a visa which fits on paper but is not realistic based on the credentials or supporting evidence. For example, applying for the Innovator Founder route requires endorsement from approved bodies and the Home Office will look at the eligibility and genuineness again at the second stage. Seeking advice from specialist business immigration solicitors can help with the initial assessment of merits of the business and business plan.
Underestimating the required supporting documents and timeframe
The online Home Office guidance provides a brief overview of what documents are generally needed, but each application will vary depending on the specific circumstances, and some also require an initial foundation of infrastructure which are not always stated in the general guidance. For example, the Skilled Worker (self-sponsorship) route has various administrative and compliance requirements of the company set-up in the UK such as adequate UK-based personnel before they can apply for a licence. If a Sponsor Licence application is refused, it is normally followed by a six-month cooling off period before you can apply again.
Overlooking long-term plans
Some routes are limited in their duration or ability to bring dependants. It is important to consider these factors before committing to a visa route. For example, the Expansion Worker route is for 12 months and can then be extended once for another year.
Compliance issues
The UK immigration rules are strict with the compliance requirements and it is essential that from day one, you and your business are compliant to avoid jeopardising your status in the UK. For example, with the Skilled Worker route, failing to meet ongoing compliance duties can result in your Sponsor Licence being revoked, affecting your visa and all sponsored employees. Also, if any of the applications are deemed to have been deceptive, it can lead to a 10-year ban from coming to the UK.
Summary
Moving your business to the UK is a big step, and choosing the right visa route is crucial in getting it right from the start. Whether you are a startup founder, an established business owner, or a recognised expert in your field, the best option depends on your goals and business plans.
The process can be complex and the Home Office applies a high level of scrutiny. Seeking expert advice early on is essential. Our specialist immigration solicitors at Harper James can help you understand your options, assess your eligibility, and guide you through each step, helping you to remain compliant and allowing you to focus on building your business.