Self-Sponsorship Skilled Worker Visa

Self-Sponsorship Skilled Worker Visa through your own business

If you intend to set up a business in the UK or if you already own a business in the UK in which you would like to get involved but do not have a visa to work, then you may be eligible for a skilled worker visa through your own U.K company (self-sponsorship).

The route is available for any business owners who have an established business in the UK or if you intend to establish a business in the UK in the future so that you can settle in the UK.

Main Requirements for a Self-Sponsorship Skilled Worker Visa

To sponsor yourself in your own company in the UK for a Skilled Worker Visa, you must satisfy the following UK immigration rules:- 

• You are aged 18 or over;
• You either intend to establish a business in the UK, or you already have an established UK company that is actively trading and genuine;
• Your UK company has successfully applied for a Skilled Worker Sponsor Licence;
• Your UK company has assigned a valid Certificate of Sponsorship to you for the job you intend to do;
• Your job offer is a genuine vacancy;
• Your job is at an appropriate skill level;
• You will be paid a salary that equals or exceeds a general salary threshold at 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 (equivalent to IELTS 4.0);
• You have enough money to support yourself without relying on public funds;
• You have provided a criminal record certificate, if applicable, and
• You have provided a valid TB certificate, if applicable.

The legal requirements you must meet to sponsor yourself for a Skilled Worker visa will vary depending on your circumstances.  You may wish to consult our expert immigration solicitors here at Axis Solicitors for professional advice and guidance.

What are the steps required to apply for a Self-Sponsorship Skilled Worker Visa?

To sponsor yourself for a Skilled Worker Visa, you will be required to complete the following steps:

1. Establish a UK company
2. Apply for a Skilled Worker Sponsor Licence
3. Assign a Certificate of Sponsorship (CoS)
4. Submitting an Application for a Self-Sponsored Skilled Worker Visa

Stage 1: Establish a UK company

You will first need to either register a new company in the UK or have already registered a company in the UK. You do not need to be present in the UK and can register a UK company from overseas. A director of a UK company is not required to be a UK resident/Settled or a British citizen; however, specific responsibilities must be met by directors as per UK company rules.

If a non-UK resident director cannot fulfil their duties, such as attending board meetings or signing official documents in person, they may appoint a UK-based representative.

If you are unfamiliar with the UK company registration process or UK laws and regulations, you can engage the services of a professional company formation agent to guide you through the process ensuring that all the requirements are met.  Additionally, you must ensure that you comply with any relevant laws and regulations in your home country regarding registering overseas companies.

If you require assistance setting up a company, we work alongside accountants who can assist our clients in registering a UK company from overseas. Please contact us for advice and guidance.

Stage 2: Apply for a Skilled Worker Sponsor Licence

After registering your company in the UK as a business, you will be required to apply for and be granted a Skilled Worker Sponsor Licence. For your business to successfully obtain the Sponsorship Licence, the Home Office is satisfied that your business meets certain elements. 

The Business must be genuine and operating lawfully in the UK.

Depending on the business type, your business must provide at least four specified documents to the Home Office following the application submission. The exact documentation required for each business will vary, so professional advice from Axis Solicitors should be obtained. If your company has been trading for less than 18 months, you must provide further documentation as evidence. 

Some of the documentation that you will be required to provide proof includes the following:

• Business bank statements
• Registration with HMRC as an employer for PAYE and National Insurance purposes
• VAT registration (if applicable)
• Employer’s liability insurance cover for at least £5m from an approved insurer authorised by the Financial Conduct Authority;
• Proof of ownership or lease of business premises by the business; 
• Most recent annual accounts of the company (if applicable).
• A functional website and a business email (if relevant).
• A business plan, especially for start-up businesses.
• An organisation chart detailing staff and vacancies.
• Any type of Licence (if applicable);
• Letter detailing business specifics, operating hours, vacancies, proposed salary, etc

The business must be capable of carrying out its Sponsor duties. 

All businesses that are holders of licensed sponsors must adhere to specific duties and responsibilities.  Your duties as a licensed sponsor will entail establishing a comprehensive HR system, which includes having policies and procedures in place, monitoring employees, conducting right-to-work checks, and, most notably, the HR systems must comply with UK immigration regulations. 

The Home Office will assess whether your business can carry out its sponsor duties by checking the current HR systems you have in place.  For example, you will need to provide evidence of how you record an employee absent from work or determine when an employee’s current permission is expiring. The Home Office can request at their discretion to conduct a compliance visit before they decide on your application for a Sponsor Licence or once your licence has been granted.

Genuine Employment that meets the skill level requirements and salary threshold 

The Home Office will need to be satisfied that you meet the following eligibility criteria:

• Your job must be genuine and meet the skill level requirement of the Skilled Worker route (normally RQF Level 3 or above); 
• Your UK company will be offering employment that meets the salary threshold according to UK immigration rules, which is usually at least £38,700 per year but there exists alternatives as ‘tradable points and exceptions when the job is on the Shortage Occupation list,
• The job you are looking to sponsor must be genuine;
• There is a direct link between the sponsoring business and the employee, although the employee can be employed overseas and self-employment is permitted in certain circumstances;

In addition to applying for the sponsor licence application, as a business, you will also be required to provide the following information to the Home Office to enable them to satisfy your need for a Sponsor Licence: 

• A detailed explanation as to why your company is applying for a Skilled Worker sponsor licence,
• The sector your business operates in and your business opening/operating hours;
• A current hierarchy chart detailing any owner, director and board members;
• A complete list of all your employees, which needs to state their names and titles (if your business has 50 employees or less);
• Information about the jobs your company wishes to fill and for which it intends to assign a Certificate of Sponsorship (CoS), including the job title and occupation code, duties, where the job is situated on the hierarchy chart, the minimum salary the company would guarantee if the job were vacant today and the skills, experience and qualifications required for the job role;
• If the role for which your business intends to assign a CoS has not been advertised. Still, you have already identified a candidate for the role, then you must specify full details of how the candidate was identified as being the most suitable individual for the job and provide evidence of the same.

Our expert immigration solicitors have assisted many clients in successfully acquiring a Skilled Worker Sponsor Licence for their business to enable them to sponsor themselves to work in the UK for their own company.

Appointing an Authorising Officer for your business

Before submitting your application for a sponsor licence, you will need to appoint three key personnel for your company:

• An Authorising Officer – You will be required to assign an Authorising Officer to manage your sponsorship licence, who will ultimately be responsible for the sponsor licence. They will ensure that your sponsor licence duties are adhered to;
• A Key point of Contact – They will be the primary contact between your business and the Home Office;
• You must assign at least one Level 1 User to carry out the day-to-day sponsorship activities using the Sponsorship Management System (SMS) portal.  

The following specific key personnel requirements should be taken into consideration when appointing an Authorising Officer:

• The Key Personnel roles can be fulfilled by one individual or a combination of different individuals and must be based in the UK at the date of their appointment and throughout the period over which they will fill the role that they have been appointed for;
• The Authorising Officer must be in a paid role either as a director, employee or office holder (e.g. a company secretary) of the company at the date of application; 
• The Authorising Officer must also have sufficient involvement and knowledge of the business to fulfil their responsibilities and
• The Level 1 User must be British or settled in the UK.

For the above roles, the Home Office can, at their discretion, regularly conduct unannounced compliance visits to the Authorising Officer’s business premises.

Can my family apply with me on this visa?

Once the Home Office has approved the sponsor licence application, your business will then be able to apply for and then assign a Certificate of Sponsorship (CoS) to each employee that they wish to employ. The COS will enable the worker to apply for a self-sponsorship Skilled Worker visa.

The Certificate of Sponsorship must include certain mandatory information, which consists of the following:

• Details of your name, job and salary information;
• It must state the start date for the employment, which should be no more than three months after the date of your Skilled Worker visa application;
• The Certificate of Sponsorship should state that it has not been used in a previous application.

Stage 4: Submitting an Application for a Self-Sponsored Skilled Worker visa

You can apply for a skilled worker visa via self-sponsorship through your own business.

To sponsor yourself for a Skilled Worker visa, you will be required to meet the following eligibility criteria:

• Your Certificate of Sponsorship must be valid;
• Your job offer must be a genuine vacancy;
• Your job must be at an appropriate skill level;
• You must be paid a salary that equals or exceeds a general salary threshold, the ‘going rate’ for the occupation and a minimum hourly rate (if applicable);
• Your sponsor must have paid any required Immigration Skills Charge;
• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0) or by having an academic qualification that was taught in English and is recognised by ECCTIS as being equivalent to a UK degree;
• You have enough maintenance funds to support yourself without relying on public funds unless your employer is certifying maintenance;
• You have provided a criminal record certificate (if applicable);
• You have provided a valid TB certificate (if applicable).

Timescales on the decision of the Skilled Worker Visa application

If you submit a self-sponsored Skilled Worker visa application from overseas, you should typically receive a decision on your application within three weeks. If you are applying to switch into this category or extend your stay in the UK as a Skilled Worker, then the standard processing time for an application to be decided is eight weeks.  Priority services may also be available but are subject to additional costs and availability.

We are not only experts in assisting with the application process of obtaining a Sponsor Licence for businesses, but we also offer the following bespoke services:

• HR Systems Development: Providing a robust Human Resources policy and procedure package including conducting a job description analysis, Sponsor Licence Policy guide, Right to Work Checks guidance, record keeping checklist and templates for record keeping, and ongoing advice regarding HR systems and procedures. We will ensure your business complies with employment regulations. 

• Incorporation Assistance: Assisting in setting up your business in the UK compliant with UK company regulations
• Authorising Officer Services: For businesses without a settled/British person in the UK.
• Sponsor Licence Process: Assistance with the entire application to successfully grant a sponsor licence.
• Assistance with Insurance: Help procure necessary insurance like Employer’s/Public Liability Insurance.

Each of the above services will incur an additional cost. Please click on fees for approximate prices for each service. 

Post-Arrival to the U.K. once your business has been set up/established in the U.K

Once you have successfully sponsored yourself through your own company and have successfully moved to the UK, we suggest you keep in mind the following:-

• You must ensure you are compliant with your visa conditions.
• Ensure you keep updated with any forthcoming changes in immigration rules or business regulations.
• Consider seeking legal or consultancy services from Axis Solicitors periodically to ensure all requirements are consistently met. We offer a monthly package so that you are informed regularly of any changes that may affect your visa or Sponsor Licence. Please click on the following link for the packages we offer. You can subscribe to a package for a minimum period of 12 months. 

• Your UK business must offer genuine employment that aligns with the Skilled Worker route’s salary and skill level requirements.

The self-sponsorship route offers entrepreneurs and ambitious business professionals a unique opportunity to establish themselves in the UK. Whilst it provides many advantages, being thoroughly informed and prepared for the journey is crucial. Consider seeking the assistance of business immigration experts here at Axis Solicitors to navigate the complexities of this process.