SELF-SPONSORSHIP SKILLED WORKER VISA
You may qualify for a Skilled Worker visa through self-sponsorship, which entails being sponsored by your own UK company. If you are interested in establishing a new business in the UK or already own one. Before you can apply for a Skilled Worker visa through self-sponsorship, your UK company must get a Skilled Worker sponsor license.
The self-sponsored Skilled Worker visa route can lead to settlement in the UK and applicants can be joined by dependent partners and children.
If the applicant chooses the Self-Sponsored Skilled Worker Visa route, it can result in settlement in the UK, where applicants' partners and dependent children can accompany them.
You must prove to UK Visas and Immigration the following to sponsor yourself for a skilled worker visa:
Depending on your situation, there may be specific requirements you must meet in order to sponsor yourself for a skilled worker visa.
How to Apply for a Self-Sponsorship Skilled Worker Visa
You must follow 4 steps in order to sponsor yourself for a Skilled Worker Visa:
You must first establish a new company in the UK or have an existing UK company registered to be eligible for a Skilled Worker visa through self-sponsorship.
Requirements for a Skilled Worker Sponsor Licence
The next step in obtaining a Skilled Worker visa through self-sponsorship is for your UK company to submit an application and be approved for a Skilled Worker sponsor license. In order to successfully obtain a Skilled Worker Sponsor Licence, you must meet the requirements and satisfy the Home Office with the following:
Your UK business is a genuine business operating lawfully in the UK
You must submit at least four documents, as listed in Appendix A of the sponsor guidelines, to prove to the Home Office that your company is a genuine business operating lawfully in the UK.
Depending on the specifics of your application, you will need to produce a different set of documents. However, if a company has been operating in the UK for less than 18 months (and thus qualifies as a start-up business), the following documentation is normally required for a Skilled Worker sponsor license application:
Compulsory document:
Include any three of the following documents;
Your UK business is capable of carrying out its sponsor duties effectively
All licensed sponsors are subject to specific obligations. As a licensed sponsor, your responsibilities will include keeping records, keeping a record of transactions, and complying with immigration regulations in the UK.
The Home Office will inspect your company's current human resources and recruitment processes and practices to determine whether it meets the requirements for carrying out its sponsor responsibilities. For instance, it will want to know if you have procedures in place that inform you when a sponsored person has failed to show up for work or when their existing authorization is about to expire. They may also carry out a compliance audit, either prior to making a decision on your application or after issuing your license.
Your UK business is offering genuine employment that meets the salary and skill level requirements
The Home Office will review your company's UK-related documentation in addition to ensure that:
You must also provide the following information to the Home Office as part of your company's sponsor license application:
Appointing Key Personnel
You must appoint 3 Key Personnel prior to submitting your application for a sponsor license:
In consideration of Self-Sponsorship, the following specific key personnel requirements should be satisfied:
In effect, this means that in order to apply for a Skilled Worker visa through self-sponsorship, you must have a reliable person in the UK who is either British or settled and who you are willing to appoint as a paid director, employee, or office holder of your UK business.
If you are considering paying a third-party agent to act as a UK Director and Authorising Officer for a fee, you must think about whether or not the agent will satisfy the Home Office that they have enough involvement in and oversight over your UK business to fulfil their responsibilities.
Assign a Certificate of Sponsorship (CoS)
When your sponsor licensing application gets approved, your company will be able to apply for and subsequently assign a Defined Certificate of Sponsorship (CoS).
Certificates of Sponsorship are electronic documents that must be assigned to each migrant worker you intend to hire. Each CoS will have a unique reference number, allowing an applicant worker to apply for a Skilled Worker visa on an individual basis.
Your Sponsorship Certificate must have been obtained no more than three months prior to the date of your Skilled Worker application.
Certain requirements must be provided on your Certificate of Sponsorship, including:
Apply for a Self-Sponsored Skilled Worker Visa
You can submit a self-sponsorship application for a skilled worker visa once a Certificate of Sponsorship has been assigned.
Your application as a skilled worker must show the following in order for you to sponsor yourself:
You may apply for a Skilled Worker Visa, up to three months before the day you are expected to start work in the UK.
You should normally receive a decision on your self-sponsored Skilled Worker visa application in 3 weeks if you are submitting it from abroad. An application to move into or extend a stay in the UK as a Skilled Worker typically takes 8 weeks to process. Additionally, there may also be priority services provided.
Self-Sponsorship Skilled Worker Visa: Frequently Asked Questions
Is It Possible to Establish a UK Company From Abroad?
It is possible to establish a UK company from abroad. A director of a UK company is not required to be a UK resident or British citizen. Certain responsibilities and obligations apply to all directors of UK businesses, including non-UK residents.
If a non-UK resident director is unable to carry out their responsibilities in person, such as attending board meetings or signing formal documents, they may appoint a UK-based representative. Furthermore, you must ensure that you comply with all applicable laws and regulations in your home country regulating the formation of overseas businesses.
Is it possible for a non-UK resident to Open a Business Bank Account in the UK?
A non-UK resident can open a business bank account in the UK; however, the rules and procedures differ based on the bank and specific circumstances.
You will normally need to present identifying documents such as a passport or national ID card, proof of address (which may be more difficult to get as a non-resident), and proof of income or funding source to open a UK bank account as a non-UK resident.
Some banks may ask that you have a UK address or be a UK tax resident. Furthermore, certain banks may allow non-UK citizens to open specific types of accounts, such as basic bank accounts.
It is advisable that you compare the requirements for various banks for non-UK citizens and get in touch with them directly to see what documentation and information are needed to open a business bank account. You might want to speak with a specialist who can outline the options available and make sure that all the bank's requirements are fulfilled.
Does the UK Business Need to Be Trading in the UK?
Your UK business will need to be registered with Companies House, have a UK business bank account, and, in most situations, be registered for PAYE/NI and VAT but It is not necessary to be actively trading or have made any profits in the UK.
However, it will normally be easier to persuade the Home Office that your UK business is a genuine organisation operating lawfully in the UK where for instance:
Is there an English language requirement for a self-sponsored Skilled Worker Visa?
If you are applying for a Skilled Worker visa through self-sponsorship, you must demonstrate your proficiency in English on the Common European Framework of Reference for Languages at least level B1 (intermediate) in all four components (reading, writing, speaking, and listening).
Applicants who seek for entry clearance or leave to remain as a self-sponsored Skilled Worker will meet the English language criteria if they are able to demonstrate the following:
You may qualify for a Skilled Worker visa through self-sponsorship, which entails being sponsored by your own UK company. If you are interested in establishing a new business in the UK or already own one. Before you can apply for a Skilled Worker visa through self-sponsorship, your UK company must get a Skilled Worker sponsor license.
The self-sponsored Skilled Worker visa route can lead to settlement in the UK and applicants can be joined by dependent partners and children.
If the applicant chooses the Self-Sponsored Skilled Worker Visa route, it can result in settlement in the UK, where applicants' partners and dependent children can accompany them.
You must prove to UK Visas and Immigration the following to sponsor yourself for a skilled worker visa:
- You are aged 18 or over.
- There is an established UK company which is active and genuine.
- Your UK company has successfully applied for a Skilled Worker sponsor licence.
- Your UK company has assigned you a valid Certificate of Sponsorship for the job you are planning to do.
- Your job offer is a genuine vacancy.
- Your job is at an appropriate skill level.
- You will be paid a salary 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 English 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 required; and
- You have provided a valid TB certificate if required.
Depending on your situation, there may be specific requirements you must meet in order to sponsor yourself for a skilled worker visa.
How to Apply for a Self-Sponsorship Skilled Worker Visa
You must follow 4 steps in order to sponsor yourself for a Skilled Worker Visa:
- Establish a UK company
- Apply for a Skilled Worker sponsor licence
- Assign a Certificate of Sponsorship
- Apply for a Skilled Worker Visa
- Establish a UK company
You must first establish a new company in the UK or have an existing UK company registered to be eligible for a Skilled Worker visa through self-sponsorship.
- Apply for a Skilled Worker Sponsor Licence
Requirements for a Skilled Worker Sponsor Licence
The next step in obtaining a Skilled Worker visa through self-sponsorship is for your UK company to submit an application and be approved for a Skilled Worker sponsor license. In order to successfully obtain a Skilled Worker Sponsor Licence, you must meet the requirements and satisfy the Home Office with the following:
- Your UK business is a genuine business operating lawfully in the UK.
- Your UK business is capable of carrying out its sponsor duties effectively.
- Your UK business is offering genuine employment that meets the salary and skill level requirements of the Skilled Worker route.
Your UK business is a genuine business operating lawfully in the UK
You must submit at least four documents, as listed in Appendix A of the sponsor guidelines, to prove to the Home Office that your company is a genuine business operating lawfully in the UK.
Depending on the specifics of your application, you will need to produce a different set of documents. However, if a company has been operating in the UK for less than 18 months (and thus qualifies as a start-up business), the following documentation is normally required for a Skilled Worker sponsor license application:
Compulsory document:
- Evidence that the business has a current, corporate bank account with a bank registered by the Financial Conduct Authority and the Prudential Regulation Authority in the UK;
Include any three of the following documents;
- Proof that the business has registered with HMRC as an employer for PAYE and National Insurance; or
- Proof that the business has registered for VAT; or
- Proof that the business has employer’s liability insurance cover for at least £5 million from an insurer authorised by the Financial Conduct Authority; or
- Proof of ownership or lease of business premises by the business; or
- Most recent annual accounts of the business.
Your UK business is capable of carrying out its sponsor duties effectively
All licensed sponsors are subject to specific obligations. As a licensed sponsor, your responsibilities will include keeping records, keeping a record of transactions, and complying with immigration regulations in the UK.
The Home Office will inspect your company's current human resources and recruitment processes and practices to determine whether it meets the requirements for carrying out its sponsor responsibilities. For instance, it will want to know if you have procedures in place that inform you when a sponsored person has failed to show up for work or when their existing authorization is about to expire. They may also carry out a compliance audit, either prior to making a decision on your application or after issuing your license.
Your UK business is offering genuine employment that meets the salary and skill level requirements
The Home Office will review your company's UK-related documentation in addition to ensure that:
- Your UK company will be offering employment which meets the skill level requirement of the Skilled Worker route (normally RQF Level 3 or above);
- Your UK company will be offering employment which meets the salary level requirement of the Skilled Worker route (normally at least £26,200 per year, but maybe at least £23,580 or £20,960 per year if you, as the worker, score alternative ‘tradable points’);
- The job you are looking to sponsor is genuine;
- There is a direct employer-employee relationship between the sponsoring business and the worker, although the worker can be employed overseas and self-employment is permitted in some circumstances;
- The business is not looking to sponsor a role which will involve hiring a worker to a third party to undertake an ongoing or routine role.
You must also provide the following information to the Home Office as part of your company's sponsor license application:
- An explanation as to why your company is applying for a Skilled Worker sponsor licence, the sector you operate in and your opening/operating hours;
- A current hierarchy chart detailing any owner, director and board members;
- A list of employees, including 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 sits on the hierarchy chart, the minimum salary the company would guarantee if the job were vacant today and the skills, experience and qualifications required;
- If the role for which the business intends to assign a CoS has not been advertised but a person has already been identified for the role, details of how the person was identified as the most suitable person for the job and various personal details.
Appointing Key Personnel
You must appoint 3 Key Personnel prior to submitting your application for a sponsor license:
- An Authorising Officer – To maintain the sponsorship license and take ultimate responsibility for it to ensure that your sponsor license obligations are fulfilled.
- A Key Contact – to act as the main contact between your company and the Home Office.
- To use the Sponsorship Management System (SMS) to manage sponsorships on a daily basis, at least one Level 1 User is required.
In consideration of Self-Sponsorship, the following specific key personnel requirements should be satisfied:
- The Key Personnel roles can be filled by the same person or a combination of different people;
- Each of the key personnel (or the key person, where all roles are filled by the same person) must be based in the UK at the date of appointment and throughout the period over which they will fill the role that they have been appointed to;
- The Authorising Officer and initial Level 1 User must be a paid director, employee or office holder (e.g. a company secretary) of the UK entity at the date of application;
- The Authorising Officer must have sufficient oversight over the UK business to fulfil his or her responsibilities; and
- The Level 1 User must be British or settled in the UK.
In effect, this means that in order to apply for a Skilled Worker visa through self-sponsorship, you must have a reliable person in the UK who is either British or settled and who you are willing to appoint as a paid director, employee, or office holder of your UK business.
If you are considering paying a third-party agent to act as a UK Director and Authorising Officer for a fee, you must think about whether or not the agent will satisfy the Home Office that they have enough involvement in and oversight over your UK business to fulfil their responsibilities.
Assign a Certificate of Sponsorship (CoS)
When your sponsor licensing application gets approved, your company will be able to apply for and subsequently assign a Defined Certificate of Sponsorship (CoS).
Certificates of Sponsorship are electronic documents that must be assigned to each migrant worker you intend to hire. Each CoS will have a unique reference number, allowing an applicant worker to apply for a Skilled Worker visa on an individual basis.
Your Sponsorship Certificate must have been obtained no more than three months prior to the date of your Skilled Worker application.
Certain requirements must be provided on your Certificate of Sponsorship, including:
- Details of your name, job and salary;
- A start date which is no more than 3 months after the date your Skilled Worker visa application;
- Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.
Apply for a Self-Sponsored Skilled Worker Visa
You can submit a self-sponsorship application for a skilled worker visa once a Certificate of Sponsorship has been assigned.
Your application as a skilled worker must show the following in order for you to sponsor yourself:
- Your Certificate of Sponsorship is valid;
- Your job offer is a genuine vacancy;
- Your job is at an appropriate skill level;
- You will be paid a salary 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 (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 required; and
- You have provided a valid TB certificate if required.
You may apply for a Skilled Worker Visa, up to three months before the day you are expected to start work in the UK.
You should normally receive a decision on your self-sponsored Skilled Worker visa application in 3 weeks if you are submitting it from abroad. An application to move into or extend a stay in the UK as a Skilled Worker typically takes 8 weeks to process. Additionally, there may also be priority services provided.
Self-Sponsorship Skilled Worker Visa: Frequently Asked Questions
Is It Possible to Establish a UK Company From Abroad?
It is possible to establish a UK company from abroad. A director of a UK company is not required to be a UK resident or British citizen. Certain responsibilities and obligations apply to all directors of UK businesses, including non-UK residents.
If a non-UK resident director is unable to carry out their responsibilities in person, such as attending board meetings or signing formal documents, they may appoint a UK-based representative. Furthermore, you must ensure that you comply with all applicable laws and regulations in your home country regulating the formation of overseas businesses.
Is it possible for a non-UK resident to Open a Business Bank Account in the UK?
A non-UK resident can open a business bank account in the UK; however, the rules and procedures differ based on the bank and specific circumstances.
You will normally need to present identifying documents such as a passport or national ID card, proof of address (which may be more difficult to get as a non-resident), and proof of income or funding source to open a UK bank account as a non-UK resident.
Some banks may ask that you have a UK address or be a UK tax resident. Furthermore, certain banks may allow non-UK citizens to open specific types of accounts, such as basic bank accounts.
It is advisable that you compare the requirements for various banks for non-UK citizens and get in touch with them directly to see what documentation and information are needed to open a business bank account. You might want to speak with a specialist who can outline the options available and make sure that all the bank's requirements are fulfilled.
Does the UK Business Need to Be Trading in the UK?
Your UK business will need to be registered with Companies House, have a UK business bank account, and, in most situations, be registered for PAYE/NI and VAT but It is not necessary to be actively trading or have made any profits in the UK.
However, it will normally be easier to persuade the Home Office that your UK business is a genuine organisation operating lawfully in the UK where for instance:
- You have an existing overseas business that is actively trading and a legitimate business case can be made for establishing a branch of your overseas business in the UK;
- You have a detailed business plan for your UK business;
- You have sufficient investment funds to operate your UK business, particularly any staffing costs;
- You have undertaken some early-stage business activities in the UK such as setting up a functioning website, telephone number and email address.
Is there an English language requirement for a self-sponsored Skilled Worker Visa?
If you are applying for a Skilled Worker visa through self-sponsorship, you must demonstrate your proficiency in English on the Common European Framework of Reference for Languages at least level B1 (intermediate) in all four components (reading, writing, speaking, and listening).
Applicants who seek for entry clearance or leave to remain as a self-sponsored Skilled Worker will meet the English language criteria if they are able to demonstrate the following:
- Are a national of a majority English-speaking country;
- Have passed a Secure English Language Test;
- Have been awarded a degree taught in English;
- Obtained a GCSE/A Level or Scottish Highers in English while at school in the UK;
- Have already shown they met the requirement, of level B1, in a previous successful application for entry clearance or permission to stay.