If you wish to set up a business in the UK or wish to expand your current overseas business to the UK, you may find that the Self-Sponsorship route is the best viable option available to you to work and live in the UK
- What is the self-sponsorship visa?
While there is no official “Self-Sponsorship Visa,” individuals who want to establish or invest in a UK-based business can utilise the Skilled Worker. The self-sponsored UK Skilled Worker visa route can lead to settlement in the UK and applicants can be joined by dependent partners and children.
- Who qualifies for self-sponsorship under the Skilled Worker route?
The Home Office has set strict criteria to ensure that the visa is granted to those with the intention of a running a genuine business within the UK.
Self-sponsorship in the UK is accessible to individuals who fulfil the following criteria:
- Possess experience, skills, or qualifications relevant to the chosen business sector.
- Presents a viable business idea or identifies an existing UK business for acquisition.
- Demonstrates sufficient resources to sustain the proposed business in the UK.
- Must have one individual who is settled in the UK or is a British citizen to undertake the responsibilities of the Authorising Officer (“AO”) – further details provided below.
- The applicant should have the capability to successfully complete an approved English language test at Level B1.
- What is the process of self-sponsorship?
- Company incorporation
The first step in acquiring self-sponsorship is to set up a business in the UK and register with all relevant UK authorities. The company must be a legitimate business operating and trading in the UK, registered with Companies House. The Company should also be registered and set up with a UK bank account.
- Sponsor Licence
To qualify for sponsorship, the Home Office needs assurance that your business operating in the UK meets the following criteria:
- It is a legitimate organisation operating lawfully in the UK.
- Owners, co-owners, directors, and individuals responsible for the daily operations of your business are honest, trustworthy, and reliable. They have not engaged in any behaviour or actions that are deemed detrimental to the public good.
- The business has the capacity to fulfil its sponsor duties, taking into consideration the human resources systems and recruitment practices implemented within the organisation.
Your UK company will be required to provide a minimum of four supporting documents showing the Company’s lawful presence in the UK.
You must ensure that the company has a functioning HR system in place in preparation to sponsor the business owner as a Skilled Worker.
- Key Personnel – AO and Level 1 user
Prior to submitting your application for a sponsor licence, you will need to appoint 3 Key Personnel:
- An Authorising Officer – to manage the sponsorship licence and be ultimately responsible for the licence, ensuring that your sponsor licence duties are met;
- A Key Contact – to act as the main contact between your business and the Home Office;
- At least one Level 1 User to carry out day-to-day sponsorship activities using the Sponsorship Management System (SMS).
As mentioned above, you should have a UK based director or employee to be appointed as the AO on the licence. The AO should be permanently based in the UK and either be a British National or an individual with settled status (indefinite leave to remain/permanent residency). The AO should also hold a senior position with responsibility and visibility for operations and recruitment. Ultimately, the AO is responsible for ensuring the organisation complies with its sponsor duties.
- What are the compliance duties?
Meeting the genuine vacancy requirement is a crucial aspect for your business to secure a license and subsequently for you to obtain a Skilled Worker visa. Any apprehensions raised by the UKVI caseworker during the license application process may trigger a pre-licence compliance visit to your UK-based business or an in-person interview with you, the visa applicant. The prospective sponsoring employer must demonstrate a necessity for the described job role, and you, as the proposed visa applicant, must possess the requisite qualifications, skills, and experience for the role.
If UKVI suspects that a job role has been specifically created to facilitate your visa application, consequences may include the refusal of the licence or if the company has an existing sponsor licence, suspension, downgrade, or revocation of the existing sponsor license. This will also potentially result in the loss of sponsorship for current migrant workers, and in some cases, necessitating their departure from the UK.
- Can you sponsoring family members?
Whilst it is permitted for business owners, directors or partners to sponsor family members, please be advised that the Home Office reserves the right to scrutinise these applications in detail to preserve the integrity of the sponsorship system. There is specific guidance around family members being sponsored and any close “family member” will need to be disclosed. These family members can include, partner/spouse, brother/sister, daughter/son, sister in-law, nephew, an aunt, or uncle and any step family.
- What is a Certificate of Sponsorship?
Licenced sponsors can issue a “Certificate of Sponsorship” (CoS) to potential employees or individuals seeking sponsorship as business owners, partners, or directors. There are two types of CoS’: defined and undefined. Defined CoS are typically used for applications made outside the UK, while undefined CoS are for applicants within the UK. Once a potential employee receives a CoS, they can apply for a Skilled Worker visa and work for the business. To be valid, a CoS requires the job to be sufficiently skilled and the appropriate salary to be paid. Skilled Worker route jobs must meet the RQF Level 3 skill requirement, and each Standard Occupational Classification (SOC) Code has a specific minimum salary associated with it. The minimum salary must be paid for the job to make the CoS valid.
- Skilled Worker visa
Once a Certificate of Sponsorship has been assigned, you can apply for the Skilled Worker visa. The application must demonstrate the following:
- Your Certificate of Sponsorship is valid;
- Your job offer is a genuine vacancy;
- Your job is at an appropriate skill level;
- Your job meets the minimum salary requirement which equals or exceeds a general salary threshold, the ‘going rate’ for the occupation and a minimum hourly rate (if applicable);
- Your sponsor has paid any required Immigration Skills Charge;
- You are competent in the English language to at least CEFR Level B1;
- You have enough money to support yourself without relying on public funds;
- You have provided a criminal record certificate, if required; and
- You have provided a valid TB certificate, if required.
You can initiate your UK Skilled Worker visa application up to three months before the intended start date of your work in the UK.
For overseas applications, a decision on your UK Skilled Worker visa application is typically received within three weeks. The standard processing time for switching into or extending a stay in the UK as a Skilled Worker is eight weeks, with priority services available.
- Is there a minimum investment for my UK business?
There is no specific minimum or maximum investment requirement for the business venture however, the Home Office will need to be satisfied that your UK business is genuine, and this may be easier to demonstrate if you have sufficient investment funds to carry out your business activities.
- Can I take on other employment in the UK?
Under the Skilled Worker visa route, you can take on work outside your sponsored employment, but only to a limited extent, and if the work meets certain conditions.
If you wish to work for another employer, you can potentially do so under the ‘supplementary employment’ rules, but only for a maximum of 20 hours a week. The work must also be undertaken outside the normal working hours for which your Certificate of Sponsorship was assigned, and you must continue to work for your sponsor.
The work must also meet the following conditions:
- It must be in the same occupation code and at the same level as the job stated on your Certificate of Sponsorship; or
- It must fall under the Shortage Occupation List
- How long is the visa valid?
The Skilled Worker visa can be issued for any period up to five years. After a period of 5 years the individual may be eligible to apply for settlement in the UK (“ILR”).
- How much does the visa cost?
Immigration Health Surcharge
Adult Fee – £1,035 per year of sponsorship
Child Fee – £776 per year of sponsorship
In-country fees
3 years or less – £827
More than 3 years – £1,500
Out-of-country fees
3 years or less – £719
More than 3 years – £1,420
- Can I bring my partner/spouse and/or children?
Family members, including partners and children of Skilled Worker visa holders can be included. A dependent child must be under the age of 18 at the date of the application If a dependent child is 16 or over at the date of application, they must not be leading an independent life. To qualify for settlement as outlined above, all dependents must have spent a continuous period of 5 years in the UK.
- What if the Authorising Officer (AO) leaves my company?
The company must always have an active AO on the sponsor licence. If the current AO leaves, you will be required to replace the AO with another eligible employee or director.
- What are my duties and responsibilities once sponsor licence is approved?
- Compliance with Immigration Rules and UK Law
- Verifying qualifications and accreditation of foreign workers
- Performing Right-to-work checks to confirm that every worker has the legal right to work in the UK
- Adhering to all UK employment laws, ensuring that employment terms, such as pay and working conditions, align with established UK standards
- Reporting Duties and Responsibilities: Sponsor Licence holders are responsible for submitting specific information or events to the Home Office within specific time frames.
- Record keeping – Sponsors are responsible for acquiring and maintaining up to date records for each worker
- How can Bridge Partners assist?
The Sponsor Licence and Skilled Worker applications can be complex applications, especially as every business is very different. At Bridge Partners, we have a robust track record of advising corporates and individuals with their application process and we provide friendly, practical, expert legal advice and will swiftly spot any weaknesses in their application and correct them. Contact us for a short eligibility assessment on +44 203 3973897 or by email at [email protected]