Self Sponsorship Visa
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SELF-SPONSORSHIP SKILLED WORKER VISA IN UK
Why is a self-sponsorship route better?
The Self-Funding technique could be the optimal method for working and residing in the UK if you’re looking to initiate a business there or expand your current overseas operations to the UK. It’s essential to note that there’s no genuine “Self-Sponsorship Visa”; it’s simply a means to gain entry into the UK within the Skilled Worker Visa category.
The Self-Sponsorship Visa allows you to establish a UK-based company that will support your entry and employment in the UK (with the assistance of a UK-based Director). You have the opportunity to hold shares in the company, and there’s no minimum investment requirement, unlike the Innovator Visa.
One of the most notable advantages of self-sponsorship is that it empowers business proprietors to oversee and manage their enterprises in the United Kingdom without concern about visa revocation.
This visa option is ideal for seasoned entrepreneurs or individuals who have conducted research into the UK market and identified an opportunity to launch a new venture here. To enable the company to endorse you, acquiring a Sponsor License is a prerequisite.
Requirements for a Self-Sponsorship Skilled Worker Visa
To self-sponsor for a Skilled Worker visa, you must demonstrate to UK Visas and Immigration that:
- Age 18 or 18+;
- You need to be a Director of a legitimate UK company that is operational and authentic.
- Your UK company has effectively sought a Skilled Worker sponsor license.
- Your UK company has allocated a legitimate Certificate of Sponsorship for the role you intend to undertake.
- Your job offer letter is a genuine vacancy.
- Your job corresponds to a suitable skill level.
- You will receive a salary that meets or surpasses both a standard salary threshold and the prevailing rate for the occupation, as well as a minimum hourly rate if applicable.
- Your sponsor has fulfilled any obligatory payments.
- You possess English language proficiency at a minimum of CEFR Level B1 (equivalent to IELTS 4.0).
- You have submitted a criminal record certificate, if necessary; and
- You have furnished a valid tuberculosis (TB) certificate, if necessary.
- The specific criteria you must meet to sponsor yourself for a Skilled Worker visa will vary based on your situation. Consulting an immigration attorney for professional guidance may be advisable.
How to Apply for a Self-Sponsorship Skilled Worker Visa
Step 1: Set up a company in the UK.
To be eligible for a Skilled Worker visa via self-sponsorship, you must initially either establish a new company in the UK or have already registered one in the UK.
Can a UK company be registered from abroad?
Yes, it is feasible to register a UK company from abroad. There’s no mandate for a UK company director to be a UK resident or citizen. Nonetheless, all directors, regardless of residency, must adhere to specific requirements and duties.
If a non-UK resident director encounters challenges in fulfilling their obligations, such as attending board meetings or signing documents in person, they may designate a representative based in the UK.
For those unfamiliar with the UK’s company registration process or its laws and regulations, seeking assistance from a professional company formation agent is advisable. This ensures adherence to all requirements. Moreover, compliance with relevant laws and regulations in the director’s home country concerning the registration of overseas companies is essential.
Step 2: Application for a Skilled Worker sponsor licence
Criteria for Obtaining a Skilled Worker Sponsor License
After successfully registering a UK company, the subsequent stride towards securing a Skilled Worker visa via self-sponsorship involves your UK business applying for and acquiring a Skilled Worker sponsor license.
We have compiled an extensive manual for UK businesses contemplating the application for a Skilled Worker sponsor license. Nonetheless, in brief, the Home Office will seek assurance that:
- Your UK business is a legitimate enterprise operating within the confines of UK law; and
- Your UK business has the capability to fulfill its sponsor responsibilities proficiently; and
- Your UK business provides authentic employment opportunities that adhere to the salary and skill level prerequisites of the Skilled Worker pathway.
- Commonly Asked Questions about Applying for Sponsor Licences for Start-ups
Authentic Business Operating Legally in the UK
To assure the Home Office of your business’s legitimacy and lawful operation in the UK, you must submit a minimum of four specified documents outlined in Appendix A of the sponsor guidance.
The specific documents required may differ depending on your application’s circumstances, so it’s advisable to seek professional advice. However, for businesses trading in the UK for less than 18 months (thus categorized as start-up businesses), a typical Skilled Worker sponsor license application usually necessitates the following documents:
Required document:
- Documentation proving that the business holds an active corporate bank account with a bank authorized by the Financial Conduct Authority and the Prudential Regulation Authority in the UK.
- Evidence that the business has enrolled with HMRC as an employer for PAYE and National Insurance.
- Documentation demonstrating that the business has registered for Value Added Tax (VAT).
- Evidence that the business possesses employer's liability insurance coverage for a minimum of £5 million from an insurer authorized by the Financial Conduct Authority.
- Documentation confirming ownership or lease of business premises by the business.
- The latest annual accounts of the business.
Is it possible for a non-UK resident to open a business bank account in the UK?
Non-UK residents can indeed open a business bank account in the UK, although the prerequisites and procedures might vary depending on the bank and individual circumstances.
To initiate a UK bank account as a non-UK resident, you usually need to furnish identification documents such as a passport or national ID card, evidence of address (which might be more challenging to obtain as a non-resident), and proof of income or funding source.
Certain banks may stipulate having a UK address or being a tax resident in the UK. Additionally, some banks might only extend specific account types to non-UK residents, like basic bank accounts.
It’s noteworthy that while some banks mandate a visit to a branch in person to open an account, others allow online account opening.
It’s advisable to explore various banks and their prerequisites for non-UK residents, and directly communicate with them to ascertain the documents and information necessary for opening a business bank account. Consulting with a professional who can elucidate your options and ensure compliance with the bank’s requirements is recommended.
Is it required for the UK business to be conducting trading within the UK?
Your UK business must be registered with Companies House, maintain a UK business bank account, and typically, be registered for PAYE/NI and VAT. However, it’s not obligatory for the business to be actively trading or have generated revenue in the UK.
Nevertheless, demonstrating to the Home Office that your UK business is a legitimate entity operating lawfully in the UK is often easier when, for instance:
- If you have an established overseas business that is actively conducting trade, and there is a valid business rationale for establishing a branch of your overseas business in the UK,
- You possess a comprehensive business plan for your UK-based business.
- You have adequate investment capital to sustain your UK business, especially covering any personnel expenses.
- You have initiated preliminary business operations in the UK, such as establishing a functional website, telephone number, and email address.
At Visa-council , Our immigration experts have successfully obtained sponsor licenses for start-up businesses associated with an existing overseas business, as well as for new UK businesses independent of such affiliations. Our expert immigration lawyers are available to counsel you on your available options and the likelihood of success.
Business is competent in fulfilling its sponsor obligations.
All licensed sponsors are required to fulfill specific duties. Your responsibilities as a licensed sponsor encompass recording duties, record-keeping obligations, and compliance with UK immigration regulations.
The Home Office assesses your business’s capability to execute its sponsor duties by scrutinizing your existing human resources and recruitment systems and practices. For instance, they examine whether you have mechanisms in place to monitor when a sponsored worker fails to report for duty or to recognize when their current permission is nearing expiration. They may also conduct a compliance audit, either before deciding on your application or subsequent to the grant of your license.
As part of our sponsor license application service, we furnish all our clients with a comprehensive Human Resources policy and procedure package. This includes conducting a job description analysis, Sponsor License Policy guide, Right to Work Checks guidance, a record-keeping checklist and templates, and ongoing counsel regarding HR systems and procedures.
Authentic employment that fulfills the salary and skill level prerequisites.
- Your UK company will provide employment that meets the skill level criterion of the Skilled Worker route (typically RQF Level 3 or higher).
- Your UK company will offer employment that meets the salary threshold of the Skilled Worker route (typically at least £26,200 per year, though it may be at least £23,580 or £20,960 per year if you, as the worker, score alternative 'tradable points').
- The job you intend to sponsor is authentic.
- There exists a direct employer-employee relationship between the sponsoring business and the worker, although the worker can be employed overseas, and self-employment is allowed in certain situations.
- The business does not seek to sponsor a position that entails outsourcing a worker to a third party for ongoing or routine tasks.
You can find further details about the skill level requirement and the salary threshold requirement on our primary Skilled Worker visa page.
As part of your company’s sponsor license application, you will also be required to furnish the Home Office with the following:
- A rationale for why your company is seeking a Skilled Worker sponsor license, the sector in which you operate, and your business's opening/operating hours.
- A present hierarchy chart outlining any owners, directors, and board members.
- A list of employees, including names and job titles (applicable if your business has 50 employees or fewer).
- Details regarding the positions your company intends to fill and for which it plans to allocate a Certificate of Sponsorship (CoS), including the job title and occupation code, responsibilities, placement within the organizational chart, the minimum salary the company would commit to if the position were currently vacant, and the requisite skills, experience, and qualifications.
- If the position for which the business plans to allocate a CoS hasn't been advertised but an individual has already been selected for the role, information about how the person was identified as the most suitable candidate for the job, along with various personal details, should be provided.
Appointing Key Staff
- An Authorising Officer - responsible for overseeing the sponsorship license and ensuring all sponsor duties are fulfilled.
- A Key Contact - tasked with serving as the primary point of contact between your business and the Home Office.
- At least one Level 1 User to conduct daily sponsorship tasks using the Sponsorship Management System (SMS).
- The Key Personnel roles can be fulfilled by either the same individual or a combination of different individuals.
- Each of the key personnel (or the key person, if all roles are occupied by the same individual) must be located in the UK at the time of appointment and for the duration of their tenure in the appointed role.
- The Authorising Officer and the initial Level 1 User must be a salaried director, employee, or officeholder (for example, a company secretary) of the UK entity at the time of application.
- The Authorising Officer must possess adequate oversight of the UK business to fulfill their duties.
- The Level 1 User must be British or have settled status in the UK.
In practice, these requirements imply that to apply for a Skilled Worker visa via self-sponsorship, you’ll need a trusted individual in the UK who is either British or settled, and whom you’re willing to appoint as a salaried director, employee, or officeholder of your UK business.
If you’re contemplating hiring a third-party agent to serve as a UK Director and Authorising Officer for a fee, it’s advisable to consider how the agent will demonstrate to the Home Office that they possess sufficient involvement and oversight of your UK business to fulfill their duties. Additionally, bear in mind that the Home Office can, and frequently does, conduct unannounced compliance visits to the premises of the Authorising Officer’s business.
Step 3: Issue a Certificate of Sponsorship.
Once your company’s sponsor license application has been endorsed, your business can proceed to apply for and subsequently allocate a Defined Certificate of Sponsorship (CoS).
Certificates of Sponsorship are digital records that must be assigned for each migrant worker you intend to employ. Each CoS will be assigned a unique reference number, facilitating the applicant worker’s application for a self-sponsored Skilled Worker visa.
Your Certificate of Sponsorship should have been issued no more than 3 months prior to the date of your Skilled Worker application.
Your Certificate of Sponsorship must contain specific mandatory details, including:
- Details of your name, job title, and salary.
- A commencement date that falls within 3 months of your Skilled Worker visa application date.
- Confirmation that the Certificate of Sponsorship has not been utilized in any prior application that was either approved or declined, and has not been retracted by the sponsor or annulled by the Home Office.
Step 4: Submit an application for a Skilled Worker visa.
Once a Certificate of Sponsorship has been allocated, you can proceed to apply for a Skilled Worker visa through self-sponsorship.
To sponsor yourself for a Skilled Worker visa, your visa application must showcase that:
- Your Certificate of Sponsorship is legitimate.
- Your job offer is an authentic job vacancy.
- Your job corresponds to an adequate skill level.
- You will receive a salary that meets or surpasses the general salary threshold, the 'going rate' for the occupation, and a minimum hourly rate (if applicable).
- Your sponsor has settled any mandatory Immigration Skills Charge.
- You possess English language proficiency at a minimum of CEFR Level B1 (equivalent to IELTS 4.0).
- You have sufficient funds to sustain yourself without depending on public funds.
- You have submitted a criminal record certificate, if necessary; and
- You have furnished a valid TB certificate, if necessary.
You can apply for a Skilled Worker visa up to 3 months before the day you’re scheduled to commence work in the UK.
If applying from overseas, you typically receive a decision on your self-sponsored Skilled Worker visa application within 3 weeks. The standard processing time for an application to switch into or extend a stay in the UK as a Skilled Worker is 8 weeks. Priority services may also be available.
While a business plan is not obligatory, having one for your UK business can facilitate satisfying the Home Office that your business is a legitimate entity operating lawfully in the UK if you intend to sponsor yourself as a Skilled Worker.
Our immigration barristers can provide guidance on the necessity of a business plan for your sponsor license application. We can also aid you in finding a qualified professional business plan writer and collaborate with them to ensure your business plan meets the Home Office’s requirements.
To qualify for a Skilled Worker visa via self- sponsorship, you must demonstrate English language proficiency across all four components (reading, writing, speaking, and listening) to at least level B1 (intermediate) on the Common European Framework of Reference for Languages.
Applicants seeking entry clearance or leave to remain as self-sponsored Skilled Workers can fulfill the English language requirement if they:
- Are citizens of a majority English-speaking country;
- Have passed a Secure English Language Test;
- Have completed a degree taught in English;
- Attained a GCSE/A Level or Scottish Highers in English while studying in the UK; or
- Have previously demonstrated meeting the B1 level requirement in a successful application for entry clearance or permission to stay.
Indeed, self-sponsored Skilled Worker visa holders can be eligible for Settlement as a Skilled Worker after residing continuously in the UK for a period of 5 years. To qualify, you must fulfill a residency requirement and successfully pass the Life in the UK test, unless exempted.
Your UK business must still maintain its status as a Home Office approved sponsor, and you must remain employed by them for the foreseeable future. Moreover, you must receive a salary that meets or exceeds the general ILR salary threshold, which is typically £26,200 per year for most applicants, or the going rate for your occupation, whichever is higher.
Our immigration experts specialize in aiding both new and established UK business proprietors in acquiring Skilled Worker sponsor licenses and subsequently sponsoring themselves to reside and work in the UK.
Whether you seek an evaluation of your prospects for successfully applying for a Skilled Worker visa through self-sponsorship, guidance on crafting a compelling Skilled Worker sponsor license application, or professional support in preparing and submitting an application to sponsor yourself as a Skilled Worker, our immigration experts are equipped to handle your self-sponsorship Skilled Worker route application.
We pride ourselves on our accessibility and proactive approach to understanding and fulfilling the needs of our business clients. Our team is highly motivated, committed to delivering clear and dependable immigration counsel directly to business owners as part of our professional and amiable service.