Navigating UK Work Visas: Is Self-Sponsorship an Option?

Immigration lawyers frequently receive inquiries about the possibility of self-sponsorship for a UK work visa, especially considering the limited visa options for business owners since the Investor and Entrepreneur visa categories were abolished.

It is important to clarify that there is no specific “Self-Sponsorship” visa. However, the Skilled Worker visa route can sometimes be a viable option for entrepreneurs and individuals with a business background who already have business interests in the UK.

Application Process

The following steps need to be completed to apply for this visa:

1. 1. 1. Establish and incorporate a company in UK
      2. Company applies to the Home Office for a sponsor licence
      3. Company assigns a Certificate of Sponsorship to the applicant
      4. Applicant applies for a Skilled Worker visa

Establishing and incorporating a company in the UK

The company must be incorporated and registered with Companies House and HMRC. Incorporation can be completed from overseas, and the director of a UK company does not need to be a British citizen or resident.

However, all UK company directors must meet specific requirements and obligations, and having a UK-based director can simplify processes, especially when opening a UK bank account for the company. Hiring a UK-based accountant to ensure smooth company registration and compliance with UK taxation and regulations is highly recommended.

Applying for a sponsor licence

For a UK company to be granted a sponsor licence to employ migrant workers, the Home Office will need to be satisfied with the following:

• • • The UK company is a genuine business and is carrying out/intends to carry out lawful business activities. To assess this, the company is required to submit certain supporting documents, such as a corporate bank statement and PAYE information. The specific documents required vary based on the specific circumstances of the company and how long they have been trading.
    • The UK company has adequate processes in place and can perform its sponsor duties effectively. The evaluation includes a review of the company's HR policies and systems. Several key personnel must be named in the application to manage and oversee the sponsor licence. Special attention should be given to selecting the Authorising Officer, as this person will be ultimately responsible for the licence and ensuring the company meets its obligations as a licence holder. The Authorising Officer must be a paid director/employee of the company and be British or settled in the UK.
    • The UK company has a genuine vacancy that meets the salary and skill level requirements of the Skilled Worker route. Applicants must earn a salary from their company that meets or exceeds three benchmarks: a general salary threshold, the "going rate" for the occupation, and a minimum hourly rate, with the highest of these being applicable. The current general salary threshold is £38,700 per annum, but the relevant going rate for the specific occupation may be higher. The Home Office will also want to see evidence that there is a genuine vacancy in the UK company and of the applicant’s skills and experience, which should align with the role they will be undertaking with the UK company. The application may be refused if they conclude that the job has been created mainly to apply for a UK visa.

Assigning a certificate of sponsorship

Once the company’s application for a skilled worker sponsor licence is approved, the business will be able to apply for and assign a certificate of sponsorship to the applicant via the sponsor management system, which enables the applicant to proceed with their application for a Skilled Worker visa.

Visa advantages

Applying for sponsorship under this route to enter and establish a business in the UK involves several benefits, particularly for entrepreneurs seeking independence and control over their business ventures.

Unlike other business visa categories, this visa route does not stipulate a minimum investment amount. This flexibility allows entrepreneurs to scale their investments according to the needs and capacity of their business. It also enables dependent family members to join the main applicant in the UK.

After five years, you may be eligible to apply for Indefinite Leave to Remain and may qualify for British citizenship one year thereafter. Therefore, this route provides a pathway for permanent residency and British citizenship which provides a sense of security for applicants, their families and their businesses.

Need to know more?

For more information or questions on the UK immigration system and self-sponsorship options, please contact Senior Associate Mariam Khaliq at [email protected].

This blog was published on 24 June 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.