Self-Sponsorship for the Skilled Worker Visa
Is there such a thing as self-sponsorship for a Skilled Worker Visa? As our Immigration Solicitors are receiving inquiries about self-sponsorship, we thought an article on self-sponsorship for the Skilled Worker Visa would be a useful starting point for those interested in this route.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Can I self-sponsor to come to the UK to work?
The UK has not introduced a Self-sponsorship Visa but there is a way for people to enter or remain in the UK through self-sponsorship. It is essential to get each stage of the self-sponsorship process right so our Sponsorship Licence Lawyers recommend that you take expert Business Immigration advice on the process and to check the route is suitable for you and that there isn’t a better or easier route for you.
Self-sponsorship can best be described as a way for a business person or entrepreneur to enter and settle in the UK through their UK-based business obtaining a sponsor licence to sponsor them on a Skilled Worker Visa. That involves a sponsor licence application by the business and a Skilled Worker Visa application.
What sounds like a long-winded process may not be as difficult or time-consuming as you think provided you can successfully navigate each step of the immigration process with the help of an expert Sponsorship Licence Lawyer.
Self-sponsorship or employer-sponsored Skilled Worker Visa
To secure a Skilled Worker Visa you need an offer of skilled employment from a UK-based business with a Home Office sponsor licence. The employment must be suitable (and have a standard occupational classification code) and must pay the minimum salary threshold. The salary threshold is normally £38,700 or the going rate for the job, whichever is the higher of the two. The going rate for each job with a standard occupational classification code is set by the Home Office.
If you can find suitable sponsored employment with a sponsor licence holder you may not need a Self-sponsorship Visa as you can get a Skilled Worker Visa and once you are in the UK switch visa to a different category or after 5 years of continuous residence on the Skilled Worker Visa you can settle in the UK by applying for Indefinite Leave to Remain. This traditional route of Work Visa to Indefinite Leave to Remain may not suit you if you are struggling to find sponsored employment with a sponsor licence holder or if you are keen to run your own business from the date of your arrival in the UK.
Self-sponsorship or Business Visa
If you have an established overseas-based company then an alternative to self-sponsorship is the UK Expansion Worker Visa. This visa allows you to set up a branch of your overseas-based company in the UK.
If you don’t have an existing overseas-based business then another Business Visa option is the Innovator Founder Visa. You will need your business idea to meet the eligibility criteria of being viable, innovative and scalable and obtain a formal endorsement of your business idea from a Home Office approved endorsing body. You can then make the second stage of the application process by submitting your Innovator Founder Visa application to the Home Office for approval.
The advantage of the Innovator Founder Visa is that you do not need your business to sponsor your employment. The drawback to self-sponsorship via a Skilled Worker Visa is that your business needs to meet endorsing body eligibility criteria and the eligibility criteria can be fairly stringent.
How do you self-sponsor yourself for a Work Visa?
The three-stage process involves:
- Set up a business in the UK
- Get a sponsor licence for your business
- Apply for a Skilled Worker Visa once the business has allocated you a certificate of sponsorship
Setting up a company in the UK
How easy is it to set up a company in the UK from overseas? If you are trying to do it on your own then it won't be easy as the company needs to be registered, be a genuine business and have the necessary paperwork to convince the Home Office to grant it a sponsor licence so the company can then sponsor you on a Skilled Worker Visa.
Why would you set up a company rather than find an existing company to sponsor you on their sponsor licence? If you are an entrepreneur, you are likely to want to be your own boss. If you are a director or shareholder in your own company, you are unlikely to find that the business owners make you redundant or sack you. That’s important as on a Skilled Worker Visa if you lose your job (even if it wasn’t your fault) your Skilled Worker Visa is curtailed and you either need to leave the UK or find another employer with a sponsor licence who is willing to employ you.
Paperwork needed for a company
As part of the company sponsor licence application process, you will need to prove that the company is a genuine trading company registered at Companies House and provide the paperwork required under the immigration rules.
The documents you need to provide include producing at least four of the documents set out below:
- Evidence that the company is registered with HMRC and your HMRC VAT registration certificate
- Latest company accounts certified by a company accountant
- Latest acknowledgement of the company tax return
- Evidence of employers’ liability insurance covering at least £5 million from an insurer authorised by the Financial Conduct Authority (FCA)
- Proof that you own or lease business premises
- Latest business bank statement from a bank regulated by the FCA
Depending on the nature of your business other information and paperwork may need to be supplied.
You do not need to be the director or sole shareholder of the company so one way of getting the company off the ground is for a business partner based in the UK to get the ball rolling for you. Another option is for you to find sponsored employment in the UK with a sponsor licence holder and set up the company whilst in the UK. If you choose the latter option there are rules on what secondary employment you can do whilst in the UK on a Skilled Worker Visa but those rules would not prevent you from helping set up the company.
The immigration rules do not require the company to have been trading for a minimum number of years or to have a minimum turnover before it can apply for a sponsor licence but the company must be trading and genuine.
Help with self-sponsorship
The reality is that to overcome the paperwork hurdles you will need to work with business advisors and Business Immigration Solicitors to help you achieve your goal of setting up a company that will meet the immigration rules to allow it to secure a sponsor licence to sponsor your employment on a Skilled Worker Visa.
Our Sponsorship Licence Lawyers work with a variety of business advisers to ensure that your company setup meets the immigration rules so you can go on to successfully secure a sponsor licence for your company.
Our expert Business Immigration Solicitors also offer comprehensive Business Immigration Training if you decide to apply for any type of Business Visa or decide to pursue an application for a sponsor licence and need help with how to manage the sponsor licence. Alternatively, we provide a full Sponsor Licence Management Service for those companies where the business owners find it easier to get professional Business Immigration Solicitors to handle the paperwork and the admin that comes with operating a sponsor licence.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Related Posts
A Guide to the Innovator Founder Visa
Immigration Law Training on Home Office Audits
Immigration Law and Compliance Training
The New Minimum Salary Threshold For Overseas Workers on the Skilled Worker Visa
A 2024 Guide to the Immigration Health Surcharge
OTS Solicitors Celebrates its Inclusion in the 2024 Chambers Guide to the Legal Profession
Immigration Law Firm 2024 - OTS Solicitors