At JNS Solicitors, we support Innovator Founder Visa holders through the settlement process. Applying for Indefinite Leave to Remain after 3 years on the visa is the final stage of a significant journey, and the application is scrutinised closely.
We have handled over 100 Innovator Founder cases including ILR applications. We know what Home Office caseworkers look for and how to present your case in the strongest possible way.
If you are approaching the end of your 3-year visa term, or planning ahead, we can assess your position and advise on your options.
When can you apply for ILR?
You can apply for Indefinite Leave to Remain after 3 years on the Innovator Founder Visa. You cannot apply early — the 3-year residence requirement must be met in full.
To qualify, you must meet all of the following:
- At least 3 years continuous residence in the UK on the Innovator Founder Visa
- No more than 180 days outside the UK in any 12-month period
- A fresh endorsement letter from an approved endorsing body confirming your business has met the required criteria
- At least two of the business achievement criteria met
- Passed the Life in the UK test
- English language requirement met at CEFR B2 or above
Note that the endorsement letter for ILR is a new letter, separate from your original visa endorsement. It must confirm that you have played an active key role in the business and that the business has grown. You do not have to use the same endorsing body that endorsed your original visa.
The business achievement criteria
You need to meet at least two of the following criteria. We help you identify which are most realistic for your business and build the evidence to support them. Most clients focus on investment, customer growth, or revenue — R&D and job creation are achievable but require specific evidence that many businesses find harder to compile.
| Criteria | Threshold |
|---|---|
| Investment | At least £50,000 received and actively spent towards the assessed business plan |
| Customer growth | Customer numbers at least doubled in the most recent three years, exceeding the average for comparable UK businesses |
| Research and development | Significant R&D activity with intellectual property protection applied for in the UK |
| Revenue (option 1) | Minimum annual gross revenue of £1 million in the last full year |
| Revenue (option 2) | Minimum annual gross revenue of £500,000 in the last full year, with at least £100,000 from exports |
| Job creation (option 1) | At least 10 full-time jobs created for resident workers |
| Job creation (option 2) | At least 5 full-time jobs created for resident workers, each paying an average salary of at least £25,000 per year |
How we help with ILR applications
ILR applications for Innovator Founder Visa holders are document-heavy and scrutinised closely. The standard of evidence required is high, and the process involves more steps than a standard visa application.
Criteria assessment
We review your business performance and identify which criteria you can most credibly meet. Many clients have more options than they realise. Others need to focus their evidence on a single clear path. We give you an honest assessment before you commit to an approach — including whether now is the right time to apply or whether extending first gives you a stronger position.
Evidence preparation
We work with you to compile the full documentation bundle. This includes financial records, employment documentation, investment evidence, customer data, and any R&D or IP records. Home Office goes through every page. We make sure nothing is missing and everything is presented clearly.
Endorsement letter support
Before you can apply for ILR, an approved endorsing body must issue a fresh letter confirming your active role in the business and that the growth criteria have been met. We help you prepare for this assessment. If your original endorsing body is not the right fit for ILR, we can advise on alternatives — you are not required to use the same body.
Application submission
We prepare and submit the full ILR application on your behalf, including all supporting documents. We conduct a final review before submission to make sure the application is complete and consistent.
What the application involves
The ILR application is submitted online. You will need to attend a biometrics appointment after submitting. Processing times vary — some applicants receive decisions within weeks, others wait several months. Super-priority processing is available for an additional fee if you need a faster decision.
The application fee is £2,885 per person. Dependants apply separately and pay the same fee. There is no Immigration Health Surcharge at the ILR stage.
Home Office will review your business documentation, your endorsement letter, your travel history, and your English language and Life in the UK test certificates. Any gaps or inconsistencies in the documentation can delay or jeopardise the application.
Client success stories
One client came to us very close to her ILR deadline. She had a successful business turning over more than £1 million in her first year, but she was the sole carer for three children and was frequently travelling for work. Gathering all the documentation was difficult. Home Office scrutinised the application heavily and delayed the decision for over 6 months. We worked through it with her, strengthened her submission, and secured her ILR.
Another client engaged our Compliance service from day one of his visa. By the time his ILR application was due, his documentation was already in order. He received his decision in two weeks.
The difference between these two cases is preparation throughout the visa term, not just at the point of application.
Dependants and ILR
Dependants cannot apply for ILR at the same time as the main applicant. They need 5 years of continuous residence in the UK rather than 3. If your dependants arrived with you at the start of your visa, they will need to extend their leave for a further 2 years before becoming eligible.
The 5-year clock only counts time spent in qualifying immigration categories. If a dependant switched visa categories at any point during their time in the UK, not all of that time may count. This is an area where people frequently make errors, so it is worth getting specific advice on your family’s timeline before making any applications.
We can help all family members with their applications and advise on the right timing for each person.
Our fees
Our fees for Innovator Founder Visa ILR applications depend on the complexity of your case and the level of support required. View our full fee schedule
Frequently asked questions
Do I need to file patents or R&D reports to qualify for Innovator Founder ILR?
Only if you are relying on the R&D criterion. That criterion requires significant R&D activity with intellectual property protection applied for in the UK — so yes, patent applications and supporting R&D documentation would be needed if that is your chosen route. However, you only need to meet two of the seven criteria. If R&D is not realistic for your business, investment raised, customer growth, or revenue are often more straightforward to evidence. We help you identify the right criteria for your situation before you commit to an approach.
Can I use a different endorsing body for my ILR endorsement letter?
Yes. You are not required to use the same endorsing body that endorsed your original visa. The ILR endorsement letter must come from an approved body, but you can switch if your original body is not the right fit for your current business position. We can advise on which endorsing body is most appropriate given your business and the criteria you are targeting.
Which ILR criteria are most realistic to meet?
It depends on your business. Investment raised and customer growth are the most commonly met criteria for early-stage businesses. Revenue thresholds suit businesses that have scaled. R&D and IP criteria suit tech and product businesses with registered or pending patents. Job creation suits businesses that have hired settled workers. We assess your position and identify the most credible path for your specific situation before you start gathering evidence.
What happens if my business has not made enough progress?
If you cannot meet at least two criteria, you may not yet be eligible for ILR. Extending the visa for a further period is often the right approach, giving more time to build the evidence needed. We can assess your position honestly and advise on whether to apply now or extend first. Applying before you are ready risks refusal and can complicate your immigration history.
Does time on a dependant visa count towards the 5-year ILR qualifying period?
It depends on the visa category. Time spent as a dependant on the Innovator Founder Visa counts. Time spent in other categories may not count in full. If your dependants switched visa categories at any point, their qualifying period needs to be assessed carefully before making an application. We can advise on your family’s specific situation.
Get in Touch
We are regulated by the Solicitors Regulation Authority. If you are approaching the end of your Innovator Founder Visa term and thinking about settlement, we can help you assess your position and prepare a strong application.