The desire to self-sponsor for a UK work visa is a frequent topic among immigration lawyers, especially following the abolition of the Investor and Entrepreneur visa categories. While no specific “Self-Sponsorship” visa exists, the Skilled Worker visa route offers a potential solution for entrepreneurs and business owners with existing interests in the UK.
Application Process
To utilize the Skilled Worker visa route for self-sponsorship, applicants must complete the following steps:
The first step is to incorporate and register a company with Companies House and HMRC. This process can be completed from overseas, and it is not necessary for the director of a UK company to be a British citizen or resident. However, it is crucial to meet specific requirements and obligations for UK company directors. Hiring a UK-based director and accountant can simplify the process, especially when opening a UK bank account and ensuring compliance with UK taxation and regulations.
Applying for a Sponsor Licence
To be granted a sponsor licence, the UK company must demonstrate:
Once the sponsor licence is approved, the company can assign a Certificate of Sponsorship to the applicant, allowing them to proceed with their Skilled Worker visa application.
Visa Advantages
The Skilled Worker visa route offers several advantages:
Pros:
Application Process
To utilize the Skilled Worker visa route for self-sponsorship, applicants must complete the following steps:
- Establish and Incorporate a Company in the UK
- Apply for a Sponsor Licence
- Assign a Certificate of Sponsorship
- Apply for a Skilled Worker Visa
The first step is to incorporate and register a company with Companies House and HMRC. This process can be completed from overseas, and it is not necessary for the director of a UK company to be a British citizen or resident. However, it is crucial to meet specific requirements and obligations for UK company directors. Hiring a UK-based director and accountant can simplify the process, especially when opening a UK bank account and ensuring compliance with UK taxation and regulations.
Applying for a Sponsor Licence
To be granted a sponsor licence, the UK company must demonstrate:
- Genuine Business Operations: The company must submit supporting documents like corporate bank statements and PAYE information to prove its legitimate business activities.
- Effective Sponsor Duties: The company’s HR policies and systems will be reviewed. Key personnel, including an Authorising Officer who must be a paid director or employee and British or settled in the UK, will be named in the application.
- Genuine Vacancy: The company must show that the job meets salary and skill level requirements. The salary must meet or exceed general salary thresholds, the occupation’s “going rate,” and a minimum hourly rate, with the highest being applicable.
Once the sponsor licence is approved, the company can assign a Certificate of Sponsorship to the applicant, allowing them to proceed with their Skilled Worker visa application.
Visa Advantages
The Skilled Worker visa route offers several advantages:
- No Minimum Investment Amount: Unlike other business visas, this route does not require a minimum investment, offering flexibility for scaling investments.
- Family Inclusion: Dependent family members can join the main applicant in the UK.
- Pathway to Residency and Citizenship: After five years, applicants may be eligible for Indefinite Leave to Remain and potentially British citizenship one year thereafter, providing long-term security for applicants and their families.
Pros:
- No minimum investment requirement
- Flexibility for business scaling
- Ability to include dependent family members
- Pathway to permanent residency and British citizenship
- Requires establishment and incorporation of a UK company
- Necessitates application for a sponsor licence with stringent requirements
- Job role must meet specific salary and skill thresholds
- Potential complexity and cost associated with compliance and administration