Paragraph 39D requests: what to do when the Home Office asks for more

Most Innovator Founders never hear from the Home Office between grant and extension. Some do, and the letter can arrive with little warning. A request under paragraph 39D asks you to provide additional information or evidence, or to attend an interview, and it comes with a fixed deadline.

This article explains what the Home Office caseworker guidance "Innovator Founder" (version 11.0, 4 August 2026) says about paragraph 39D, why the 28-calendar-day period matters, and a practical way to respond.

What paragraph 39D allows

According to the caseworker guidance, the Home Office can use paragraph 39D to:

• request additional information;
• request additional evidence; or
• invite you to an interview.

The guidance then sets out the consequence of not engaging. If you fail without reasonable explanation to provide the information within 28 calendar days, or fail to attend the interview, the Home Office can consider cancellation under SUI 14.2.

Two phrases in that sentence matter most: "28 calendar days" and "without reasonable explanation".

Why "consider" is not reassurance

The guidance says the Home Office can consider cancellation. It does not say cancellation is automatic. That is not a reason to be relaxed. Cancellation of permission would be a serious outcome for any founder, so the sensible approach is to treat every 39D request as if your permission depends on it.

It also helps to see 39D alongside the other cancellation grounds in the guidance. Permission may be cancelled if your endorsement is withdrawn (SUI 31.1), if your endorsing body loses its status (SUI 38.1), or where there are fit and proper concerns. A 39D request might relate to any of those areas, or to something else entirely. See when an endorsing body leaves the list and endorsement withdrawn: the 60-day rule.

A practical way to respond

The guidance does not prescribe how to structure a response, so the following is a practical approach rather than an official process.

1. Log the deadline the day the request arrives. Check how the request states its deadline, work out the date on a 28-calendar-day basis if it does not give one, and put it somewhere you and your co-founders will see it. Set an internal deadline a week earlier.

2. Read the request line by line. List each item asked for. Answer those items specifically rather than sending a general pack.

3. Pull evidence that matches your records. Anything you send should be consistent with your endorsed business plan, your contact point records and Companies House filings. If figures differ, explain why.

4. Explain gaps honestly. If a document does not exist or cannot be obtained in time, say so within the deadline and explain why. Silence is the outcome the guidance warns about; an explained gap is different.

5. Keep a record. Keep a copy of everything you sent, how you sent it and when.

6. Prepare for interview requests. If asked to attend an interview, confirm attendance promptly. Be ready to explain the business, your day-to-day role and progress against the most recently agreed plan in your own words.

What a request might focus on

The guidance does not list the topics a 39D request must cover. Based on what the route requires, founders should expect that questions could touch on areas such as:

• whether you are actively involved in day-to-day management of the business;
• whether you have attended your contact point meetings;
• whether any work outside your business meets the skilled-work condition (RQF level 3 or above);
• matters relevant to suitability or the fit and proper person test.

These are illustrations based on the route's conditions, not a list taken from the guidance. For more on the conditions of your permission, see working outside your business.

Should you involve your endorsing body?

Nothing in the guidance summarised here requires you to tell your endorsing body about a 39D request. It is still usually wise. Your endorsing body monitors your progress, must tell the Home Office if a contact point is missed, and can withdraw endorsement at any time, including after approval. If a Home Office request concerns the business, your endorsing body is better placed to support you if it hears about it from you first. See tell your endorsing body before they ask.

When to get professional help

Consider an immigration solicitor or regulated adviser if:

• you do not understand what is being asked;
• the request touches on suitability, investigations or sanctions;
• you cannot produce key evidence within 28 calendar days;
• you are asked to attend an interview and are unsure what it will cover.

For routine questions about your business, a well-kept set of records does most of the work. If you want to stress-test how your plan and progress read, you can run a free assessment.

Sources and further reading

• GOV.UK — Innovator Founder visa
• GOV.UK — Immigration Rules Appendix Innovator Founder
• GOV.UK — Innovator Founder caseworker guidance

Key takeaways

• Paragraph 39D lets the Home Office request information, evidence or an interview.
• Failing without reasonable explanation to respond within 28 calendar days, or to attend, can lead it to consider cancellation (SUI 14.2).
• Count calendar days, not working days, and start immediately.
• Answer exactly what is asked and keep evidence consistent with your plan and Companies House records.
• Explain any gap honestly within the deadline rather than staying silent.
• Keep your endorsing body informed and take advice on anything touching suitability.

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• cancellation
• home-office
• compliance
• innovator-founder-visa