Self-Sponsored Work Visa: Answering Your Frequently Asked Questions on the Self-Sponsorship Visa
There is a way to self-sponsor your entry to the UK. This can eventually lead to a successful Indefinite Leave to Remain application (settlement) and British citizenship.
If self-sponsorship is available why isn’t everyone doing it? For some, working for a UK employer is the better option. Others, just aren’t aware that they could choose a Self-Sponsorship Visa.
In this blog, our Immigration Solicitors examine self-sponsorship and answer your frequently asked questions on the self-sponsorship route. If you are interested in a Self-Sponsorship Visa our specialist London Immigration Lawyers can talk you through the application process.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For Self-Sponsorship Visa and sponsor licence advice call OTS Solicitors on 0203 959 9123 or contact us online.
What is self-sponsorship?
If you are applying for a UK Skilled Worker Visa the visa applicant must have a job offer from a company based in the UK. With self-sponsorship, you are the one sponsoring your Work Visa. That doesn’t sound possible and that’s why only a tiny percentage of Skilled Worker Visa applicants are applying for a self-sponsorship Skilled Worker Visa.
What is a Self-Sponsorship Visa?
A Self-Sponsorship Visa is a Skilled Worker Visa. The only difference is that instead of a third-party company sponsoring your employment you are doing so as you are both the sponsoring employer and the sponsored employee.
Self-sponsorship may sound odd but it is allowed under the UK immigration rules provided that the work you will be doing for your company is a genuine job that meets the salary and skills criteria for a Skilled Worker Visa. Your company must be a genuine company with a Home Office sponsor licence to sponsor overseas workers.
An equivalent type of visa within a visa is the Health and Care Worker Visa. This is assumed to be a stand-alone Work Visa but it is part of the Skilled Worker Visa but solely for health care professionals.
Who can apply for a Self-Sponsorship Visa?
If you and your job meet the eligibility criteria for a Skilled Worker Visa with a job offer from a third-party employer then you will also meet the eligibility criteria for a Self-Sponsorship Visa. The only difference between the two options is you must have set up your company and secured a sponsor licence before applying for your self-sponsorship Work Visa.
Is it hard to secure a Self-Sponsorship Visa?
Those interested in a Self-Sponsorship Visa assume that the application process will be highly complex and costly. Sponsorship Licence Lawyers accept that there is additional work to do at the outset but once you have your sponsor licence and Skilled Worker Visa you are your own boss. With paid sponsored employment, you’ll have an employer telling you what to do and, depending on the company size, you may have rigid policies and procedures to follow with limited scope for promotion or significant pay raises.
Although there is work to be done on company formation at the outset of the sponsor licence application, many entrepreneurs recognise that in the medium to long term self-sponsorship offers them far more flexibility and freedom and the chance to build their own company.
Company formation for a Self-Sponsorship Visa
You may think setting up a company is too much paperwork to handle but business advisors and Corporate Lawyers can assist with the documents. The company doesn’t need to have a minimum turnover or a specific number of employees. It just needs to be a genuine business.
Although many self-sponsorship companies are in the tech or digital sector the company can trade in any sector of the economy. However, the job you do for the company must be eligible for the Skilled Worker Visa. The government has a list of jobs, all with an individual standard occupational classification code, that meet the Skilled Worker Visa criteria. The list of eligible occupations for the Self-Sponsorship Visa is found in Appendix Skilled Occupations. Minimum salary requirements are found in the Appendix Immigration Salary List.
Company requirements for a sponsor licence and Self-Sponsorship Visa
You should be able to secure a Self-Sponsorship Visa if your company:
- Has a sponsor licence
- Allocates you a certificate of sponsorship
- Pays you the higher of the general minimum salary threshold or the government-set going rate for the job
Business advisers can help you with the setup company whilst you remain overseas. Alternatively, if you need a visa to enter the UK you may qualify for a Visitor Visa. A Visitor Visa enables you to carry out some limited business activities whilst temporarily staying in the UK. However, the activities must fall within the definition of ‘permissible activities’ so you don’t mar your immigration record and end up being refused your Self-Sponsorship Visa. Our Business Immigration Solicitors can assist with your Visitor Visa application.
Once the company has been set up you or your business advisors need to ensure:
- The company is registered with HMRC for NI and tax purposes – although it isn’t a requirement for the company to be trading
- The company has a UK bank account
- The company has appointed key personnel so it can apply for its sponsor licence - our Sponsorship Licence Lawyers can advise on what to look for in key personnel
- The company has policies and procedures in place to show that it can meet its sponsor licence reporting and recording duties
Importantly there is no minimum investment figure required as part of the company set-up. However, as part of showing that the company is genuine, you will need to show that the business has the funds and ability to start trading. This may not require proof of funds. For example, if the company is a highly specialist tech company that won't need separate business premises or won't need to invest in specialist equipment.
Our Sponsorship Licence Lawyers are experienced in guiding entrepreneurs and start-ups through the company formation process and then providing step-by-step guidance on how to apply for their sponsor licence and then how to manage the licence. Most of the hassle can be taken away by our Business Immigration Solicitors providing a Sponsor Licence Management Service once your licence is in place.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For Self-Sponsorship Visa and sponsor licence advice call OTS Solicitors on 0203 959 9123 or contact us online.
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