PART 3Amendments to the principal Regulations coming into force on 13th April 2023
Amendments to regulation 2
7.—(1) Regulation 2 is amended as follows.
(2) In the definition of “approval letter from an endorsing body”, for the words from “for entry clearance” to the end substitute—
“from an individual or a business for—
(a)entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent, Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to those rules;(); or
(b)a sponsor licence in connection with sponsoring the applicant under Appendix Scale-up to those rules;”.
(3) For the definition of “Innovator” substitute—
““Innovator Founder” has the meaning given by paragraph 6 of the immigration rules;”.
(4) After the definition of “leave to remain in the United Kingdom” insert—
““legacy endorsing body” means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but which is not permitted to endorse a new individual or business under the Innovator Founder route;”.
Amendments to Schedule 1
8.—(1) Schedule 1 is amended as follows.
(2) In paragraph 2 (fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom), in sub-paragraph (1)(b), for “the fee for an application” substitute “the fees for the specified applications”.
(3) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)—
(a)in 1.3A, in the second column, for the words from “Appendix Innovator” to the end substitute “Appendix Innovator Founder or Appendix Start-up to the immigration rules, and for connected applications”();
(b)after 1.3A, insert—
“1.3A.A1 | Application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules, other than as a dependent partner or dependent child on the Innovator Founder route under that Appendix. | £1,000”; |
(c)in 1.3A.1, for “Innovator” in both places where it occurs, substitute “Innovator Founder”.
(4) In Table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom)—
(a)in the heading, after “fees for” insert “and in connection with”;
(b)at the end insert—
“4.13 | Applications for an approval letter from the Global Entrepreneur Programme in respect of a proposed application under Appendix Innovator Founder to the immigration rules |
4.13.1 | No fee is payable in respect of an application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules where the endorsing body from which the letter is sought is the Global Entrepreneur Programme operated by the Department for Business and Trade(). | 1.3A.A1 |
4.14 | Applications, in specified circumstances, for an approval letter from an endorsing body or a legacy endorsing body in respect of a proposed application under Appendix Innovator Founder to the immigration rules |
4.14.1 | No fee is payable in respect of an application for an approval letter from an endorsing body or from a legacy endorsing body in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),
(b) the endorsing body or legacy endorsing body from which the approval letter is sought by the applicant endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and
(c) where the applicant has been granted leave, or further leave, under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.
| 1.3A.A1 |
4.14.2 | No fee is payable in respect of an application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),
(b) the endorsing body from which the approval letter is sought by the applicant did not endorse the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave,
(c) the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and
(d) the applicant cannot obtain an approval letter from that legacy endorsing body as that body no longer endorses individuals or businesses in connection with applications under Appendix Innovator Founder to the immigration rules.
| 1.3A.A1”. |
Amendments to Schedule 2
9.—(1) Schedule 2 is amended as follows.
(2) In paragraph 2 (fees for, and in connection with, applications for leave to remain in the United Kingdom)—
(a)in sub-paragraph (1), for “the fee for an approval letter from an endorsing body” substitute “the fees for the specified applications for an approval letter from an endorsing body in respect of an application for limited leave to remain in the United Kingdom”;
(b)in sub-paragraph (3), at the end insert “and the amount of the fee for an application for an approval letter from an endorsing body in respect of a specified application for indefinite leave to remain in the United Kingdom”.
(3) In Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications)—
(a)in 6.2A, in the second column, for the words from “Appendix Innovator” to the end substitute “Appendix Innovator Founder or Appendix Start-up to the immigration rules, and for connected applications”;
(b)after 6.2A, insert—
“6.2A.A1 | Application for an approval letter from an endorsing body, in respect of a proposed application for limited leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules, other than as a dependent partner or dependent child on the Innovator Founder route under that Appendix. | £1,000”; |
(c)in 6.2A.1, for “Innovator” in both places where it occurs, substitute “Innovator Founder”.
(4) In Table 8 (fees for applications for indefinite leave to remain in the United Kingdom)—
(a)in the heading, after “the United Kingdom” insert “and connected applications”;
(b)at the end insert—
“8.2 | Fee for applications for an approval letter from an endorsing body |
8.2.1 | Application for an approval letter from an endorsing body in respect of a proposed application for indefinite leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules, other than as a dependent partner or dependent child on the Innovator Founder route under that Appendix. | £1,000”. |
(5) In Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)—
(a)in 9.19—
(i)in the heading, for “Appendix Innovator” substitute “Appendix Innovator Founder”;
(ii)in the second column for the words from “Appendix Innovator” to “INN 42.1A” substitute “Appendix Innovator Founder to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph INNF 21.2 or INNF 41.2”;
(b)at the end insert—
“9.25 | Applications for an approval letter from the Global Entrepreneur Programme in respect of a proposed application for leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules |
| No fee is payable in respect of an application for an approval letter from an endorsing body in respect of an application for limited or indefinite leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules where the endorsing body from which the letter is sought is the Global Entrepreneur Programme operated by the Department for Business and Trade. | Fees 6.2A.A1, 8.2.1 |
9.26 | Applications, in specified circumstances, for an approval letter from an endorsing body or a legacy endorsing body in respect of a proposed application for leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules |
9.26.1 | No fee is payable in respect of an application for an approval letter from an endorsing body or legacy endorsing body in respect of a proposed application for limited or indefinite leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder to the immigration rules (“the applicant’s current leave”), and
(b) the endorsing body or legacy endorsing body from which the approval letter is sought by the applicant endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and
(c) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.
| Fees 6.2A.A1, 8.2.1 |
9.26.2 | No fee is payable in respect of an application for an approval letter from an endorsing body in respect of a proposed application for limited or indefinite leave to remain in the United Kingdom under Appendix Innovator Founder to the immigration rules where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave)”,
(b) the endorsing body from which the approval letter is sought by the applicant did not endorse the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave,
(c) the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and
(d) the applicant cannot obtain an approval letter from that legacy endorsing body as that body no longer endorses individuals or businesses in connection with applications under Appendix Innovator Founder to the immigration rules.
| Fees 6.2A.A1, 8.2.1”. |
Amendments to Schedule 4
10. In Schedule 4 (sponsorship), in Table 15 (fees for other applications and processes in connection with sponsorship), at the end insert—
“15.3 | Fee for an application for an approval letter from an endorsing body in respect of a proposed application for a sponsor licence in connection with sponsoring the applicants under Appendix Scale-up or to add the Scale-up route to an existing sponsor licence |
15.3.1 | Application for an approval letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, of a proposed application—
(a) for a sponsor licence in respect (wholly or partly) of applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under Appendix Scale-up to the immigration rules(), or
(b) to add the Scale-up route provided for by that Appendix to an existing sponsor licence.
| £1,500”. |