SELF SPONSORSHIP

SELF SPONSORSHIP SKILLED WORKER VISA

If you are thinking of setting up a new business in the UK or already have a UK company, you may be able to apply for a self-sponsored Skilled Worker visa. This requires your UK company to have a Skilled Worker sponsor licence. Once this licence is obtained, you can apply for a Skilled Worker visa by sponsoring yourself.

A self-sponsored Skilled Worker visa offers a pathway to permanent residence in the UK, and applicants can be joined by their dependent spouses and children.

Self-Sponsorship Skilled Worker Visa Requirements

To apply for a Skilled Worker visa as a self-sponsor, you must meet the following requirements as set out by UK Visas and Immigration:

• You must be over 18 years old,
• You must have a real company operating in the UK,
• Your company must have a Skilled Worker sponsor licence,
• Your company must have issued you with a valid Certificate of Sponsorship for your intended job,
• The job offered must be a genuine vacancy,
• Your job must be at an appropriate skill level,
• Your salary must meet the general salary threshold and the ‘going rate’ set for the relevant SOC 2020 occupation code,
• The sponsoring company must have paid the required Immigration Skills Fee,
• You must demonstrate that you have at least CEFR B1 level proficiency in English (equivalent to IELTS 4.0),
• You must have the financial means to support yourself without relying on public funds,
• If applicable, you must have provided a criminal record certificate,
• Provide a valid TB test certificate if required.

How to Apply for a Self-Sponsorship Skilled Worker Visa?

To apply for a self-sponsored Skilled Worker visa, you must complete the following four steps:

1. Set up a company in the UK,
2. Apply for a Skilled Worker sponsor licence,
3. Issue a Certificate of Sponsorship,
4. Apply for a Skilled Worker visa.

Step 1: Establishing a Company in the UK

To apply for a self-sponsored Skilled Worker visa, you must set up a new company or have an existing company in the UK.

Is It Possible to Set Up a UK Company from Abroad?

Yes, it is possible to set up a UK company from abroad. The changes in the UK have ranged from only seeking local residency requirements to changes worldwide. Namely, the shares must be held by a person resident in the UK. However, there are some basic rules and requirements.

Director’s Residency Requirement

A director of a company to be established in the UK does not have to be a resident of the UK. This provides great strength for both the individual and corporate identity. However, directors have certain responsibilities regarding the management of their company and their legal responsibilities. These shares are important in terms of maintaining the orderly and compliant daily operation of the company.

Appointing a Representative

If a director who is resident in the UK is not physically present in the UK for the management of the company, they have the right to appoint a representative. This representative can attend current board meetings on behalf of the director and sign the necessary documents.

Meeting Legal Requirements

It is important to meet the UK legal requirements when establishing a company. Working with a member or members of a company establishment during this process can be beneficial in terms of the proper expansion of the process. You also need to pay attention to the rules and regulations regarding company content in your home country. The process of registering a company in the UK can be made easier and safer by seeking professional support.

Conclusion

As a result, it is possible for companies from abroad to exist in the UK and it is important to act in accordance with the UK regulations.

Step 2: Apply for a Skilled Worker Sponsor License

Skilled Worker Sponsor Licence Requirements

For businesses planning to apply for a Skilled Worker sponsor licence, you can use our comprehensive guide. In general, the Home Office will want to see that:

• Your company must be a genuine business operating lawfully in the UK
• Your company must have the capacity to effectively carry out its duties as a sponsor
• Your company must offer work that is suitable for the salary and skill level of the Skilled Worker route.

Proving You Are a Legal Business Operating in the UK

To prove to the Home Office that your company is a legitimate business operating lawfully, you will need to provide at least four documents listed in Appendix A of the sponsor guide.

For newly established companies (those that have been operating in the UK for less than 18 months), the typical documents required are:

Mandatory Document:

• Proof that the company has an existing business bank account with a bank registered with the Financial Services Authority (FCA) and the Prudential Regulation Authority (PRA) in the UK.

Plus any three of the following:

• Proof that it is registered as an employer with HMRC (for PAYE and National Insurance),
• Proof of VAT registration,
• Proof that it has employers’ liability insurance of at least £5 million,
• Proof that the company owns or leases its premises,
• The company’s most up-to-date annual statement of accounts.

Is it Possible to Open a UK Business Bank Account?

Although it is possible for non-residents to open a business bank account in the UK, the requirements and processes can vary depending on the bank and individual circumstances.

In general, you will need to provide proof of identity such as a passport, proof of address (this may be more difficult for non-residents) and proof of income or source of funds. Some banks may require you to have a UK address or tax resident status.

You can contact the bank directly to find out their requirements or get help from a professional advisor. If you would like support during this process, our experts in the financial services sector can help you.

Does a UK Company Have to be Actively Operating?

Your company must be registered with Companies House, have a UK business bank account and generally be registered for PAYE/NI and VAT. However, it does not have to be actively trading or generating income.

However, it may be easier to convince the Home Office that your business is genuine and legal if:

• You already have an active overseas business and can make a valid business case for opening a branch in the UK
• You have a detailed business plan for your business
• You have sufficient investment funds to run your business (especially for staff costs)
• You have early stage business activities in the UK (for example, setting up a website, phone number or email address).

Capacity to Undertake Sponsor Duties

If you are planning to apply for a Skilled Worker visa by setting up a company in the UK, the Home Office will want to make sure that your company meets certain requirements. There are some important criteria that need to be met before your application can be accepted. Here are the details of these requirements:

1. Employment and Skill Level

When offering employment for the Skilled Worker route, your company will need to meet a certain skill level. This will usually require a skill level of RQF (Qualifications Framework) Level 3 or above. The Home Office has set out the eligible occupations in the Skilled Occupations Annex and the Immigration Salary Schedule Annex. Each eligible job has an SOC 2020 occupation code, which describes the job’s skill and skill requirements.

2. Salary Level

The employment offered by your company will also need to meet a certain salary level requirement. A person working as a Skilled Worker should generally earn a salary of at least £38,700 per annum. However, with certain ‘deductible points’ this salary level can be reduced to £34,830 or £30,960. It must also be equal to or greater than the applicable salary rate for the SOC 2020 occupation code in the Skilled Occupations Annex.

3. Bona fide and Direct Employer-Employee Relationship

Your company must sponsor jobs that are bona fide and existing. There must also be a direct and valid employer-employee relationship between your company and the employee. This relationship must be valid, even if the employee is working abroad. In some cases, employees may be allowed to work as their own employees, but these are limited.

4. Business Policies for Employees

Your company must not undertake a role that involves the outsourcing of the job role they sponsor to a third party. The job must be directly determined and sustainable by the operational needs of the company.

5. Sponsor Licence Application

When applying for your company’s sponsor licence, you will need to provide the following information to the Ministry of Interior:

• A letter explaining the purpose of your company’s Skilled Worker Sponsor Licence application, the sector you operate in and your working hours.
• A detailed hierarchy diagram of your company’s owners, managers and board members.
• If your company has fewer than 50 employees, a list of employees’ names and titles.
• Information about the positions the company is looking to fill, including details such as job title, occupation code, duties, position in the hierarchy diagram, minimum salary guarantee and required skills, experience and qualifications.
• If the position has not been advertised before and is designated for a specific person, details of how that person was deemed suitable for the job.

In order to meet these requirements, it is essential that your company submits an accurate and complete application. It may also be advisable to seek professional advice to ensure your application is successful.

Appointment of Key Personnel

Before applying for a sponsor licence, you will need to appoint three key staff members, as determined by the Home Office. These roles are critical to your application being accepted and are defined as follows:

Authorising Officer:

This person will be responsible for the management of the sponsor licence and ensuring that it is used correctly. The Authorising Officer is ultimately responsible for ensuring that all sponsor licence duties are carried out.

Main Contact Person:

This person will act as the main point of contact between your business and the Home Office. The Main Contact Person will direct all communication during and after the licence application process.

Sponsorship Management System (SMS) User (Level 1):

This person will manage the day-to-day sponsorship activities using the Sponsorship Management System. The person in this role will monitor all sponsorship transactions and applications.

There are specific requirements for applying for a sponsor licence:

Main Staff Roles:

These three positions can be filled by the same person or by different people. However, the individuals to be appointed to each role must be resident in the UK. They must be based in the UK from the date of application and for the duration of their appointment.

Authorising Officer and Level 1 User:

As of the date of application, the Authorising Officer and the first Level 1 User must be a UK-based paid director, employee or officer (for example, a company secretary). They must have sufficient control and involvement in the UK business to carry out their responsibilities.

Level 1 User Must be Resident:

The Level 1 User must be a UK citizen or resident.

If a company is applying for a Skilled Worker visa through self-sponsorship, they will need a trusted person who is UK-based, British or resident and willing to appoint a UK company paid director, employee or office holder.

If you are considering using a third-party agency to act as a Director or Authorising Officer in the UK, you should consider how the Home Office will demonstrate that the agency has sufficient involvement and control over the UK business to be able to carry out these duties. You should also remember that the Home Office may carry out compliance visits to the Authorising Officer’s premises to inspect them. Consequently, when applying for a sponsor licence, the correct key staff appointments and internal audits are crucial to the success of your application.

Step 3: Certificate of Sponsorship (CoS) Appointment

Once your company’s sponsor licence application has been approved,
Your business can apply for a Certificate of Designated Sponsorship (CoS) and assign it to your migrant workers for the purpose of employing them. The CoS is required for each employee applying for a Skilled Worker visa and provides a unique reference number for your employee to apply for a visa under their sponsorship.

Application Period and Validity

The Certificate of Sponsorship must be issued no more than 3 months before the date of your Skilled Worker application. This determines the period of validity for the visa application.

Contents of the Certificate of Sponsorship

The CoS must contain the following mandatory information:

• Employee Details: Details of the employee’s name, job title, and salary.
• Start Date: There must be a start date that will be valid for the Skilled Worker visa application. This date can be no more than 3 months after the date of application.
• Validity Status: There must be confirmation that the Certificate of Sponsorship has not been previously issued, refused, or withdrawn. It must not have been cancelled by the Home Office.

Assignment of Certificate of Sponsorship

Your company must assign the Identified Certificate of Sponsorship to each employee you apply for. This certificate will be used in the visa application of that person and will be considered as part of the sponsorship process.

It is very important that all details are correct and complete during the CoS application process in order to fulfill your business’s sponsorship obligations. The issuance of this certificate in a valid and appropriate manner for the employee applied for will ensure that the visa application is accepted.

Step 4: Apply for a Self-Sponsored Skilled Worker Visa

Once a Certificate of Sponsorship (CoS) has been issued
You can apply for a self-sponsored Skilled Worker Visa. During this process, your application must meet certain requirements. Below are the requirements for applying for a self-sponsored Skilled Worker visa:

Requirements for a Skilled Worker Visa

• A valid Certificate of Sponsorship: Your Certificate of Sponsorship must be valid. This is a key document for your visa application.
• A Genuine Job Offer: You must demonstrate that your job offer is a genuine position that needs to be filled.
• A Suitable Skill Level: You must demonstrate that your job is at an appropriate skill level. This is usually a skill level of RQF Level 3 and above.
• Salary Threshold: Your salary offer must meet the general salary threshold (normally at least £38,700 per annum) and the salary rate set for the applicable SOC 2020 occupation code. It is also possible to lower this threshold with alternative ‘acceptable points’.
• Immigration Skills Fee: Your sponsor must have paid the required Immigration Skills Fee.
• Language Proficiency: You must have at least CEFR Level B1 (IELTS 4.0) proficiency in English.
• Financial Status: You must demonstrate that you have sufficient funds to support yourself without being dependent on public funds.
• Criminal Record and Medical Report: If required, you must provide documentation of your criminal record and a valid medical report (TB certificate).

Application Processing

• Application Time: When applying for a work permit to the UK, you can apply up to 3 months before your start date.
• Application Processing Time: If you are applying from abroad, you are usually expected to receive your application within 3 weeks. However, if you are already working in the UK and are extending your visa, the standard application time is around 8 weeks. Priority service may be available.

If you meet these requirements, your Skilled Worker Visa application will be successfully processed and you may be granted permission to work in the UK.

Frequently Asked Questions

• Can I be an owner and director?
  Yes, a 100% shareholding is possible on a self-sponsored Skilled Worker visa.
• Is there a minimum investment required?
  No, but it may be useful to demonstrate that your business is legally valid.
• Does the business have to be innovative?
  No, the Skilled Worker visa can be used for any type of business. There is no requirement for innovation or scalability.
• How long is the visa?
  It can be up to 5 years and is suitable for permanent leave to remain.