UK Self-Sponsorship Skilled Worker Visa

15 Nov

If you are looking to set up a business in the UK or you already own an existing business in the UK, a Skilled Worker Visa via self-sponsorship may be the right immigration option for you.
To be sponsored by your own company, the company would need to obtain a Skilled Worker sponsor licence before you can apply for a Skilled Worker Visa.

We look into specific requirements and answer the most common questions on the eligibility criteria.

What are the main requirements for a Self-sponsorship Skilled Worker Visa?

The exact requirements will depend on your individual circumstances, but you will need to demonstrate that you satisfy the below criteria.

You are 18 or over
There is a UK company that is established and active
The company hold a Skilled Worker sponsor licence
The company has assigned a valid Certificate of Sponsorship (CoS) to you for your planned job
The company sponsor has paid applicable Immigration Skills Charge
Your job offer is a genuine vacancy
Your job is at an appropriate skill level
You will be paid an appropriate salary according to a general salary threshold and the ‘going rate’
Your English is proven to be at least CEFR Level B1
You can satisfy the maintenance requirement
You have a valid TB certificate, if required

SPONSOR LICENCE APPLICATION

Do I need to establish a new UK company?

You may already have an active company in the UK or you may need to establish a new UK company.

In the circumstances where you need to register a UK company from overseas you will need to account for requirements and obligations of a UK company director. There is no requirement for the directors of a UK company to be a UK resident or a British citizen, but a non-UK director must be able to fulfill its director’s duties. Alternatively, appointment of a UK based representative may be considered.

If you are unfamiliar with a UK company registration formalities, you may engage a professional formation agent to guide you through the process.

Is it required to obtain a Sponsor Licence for an active or a newly registered company?

Yes, the company will need to apply for and be granted a Sponsor Licence.

You may refer to the detailed Sponsor Licence guide to get more information and guidance on the requirements and process.

What are the main eligibility criteria for obtaining a Sponsor Licence?

It is important to ensure the Home Office can be satisfied that the company applying for a Sponsor Licence can demonstrate:

Its business is a genuine business which operates lawfully in the UK
It can carry out its sponsor duties effectively
The role that is being offered is a genuine role, and it meets the salary and skills level requirements

How can I show that my business is a genuine business operating lawfully in the UK?

The exact document you will need to provide will depend on the individual circumstances of the business. However, at least four documents set out in the Appendix A of the sponsor guidance should be submitted.

A start-up business or a business that has been operating for less than 18 months would need to provide the following.

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

plus 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 £5m 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.

The procedure and requirements to open a business bank account in the UK vary from bank to bank. You will need to consider which documents you need to provide, I particular if you are a non-UK resident.

Typically, to open a UK bank account you need to supply ID documents, proof of address documents and proof of income documents. Additionally, some banks may require you to be a tax resident in the UK or may ask you to visit a branch in person.

We collaborate closely with the professionals within the company services sector who may assist you with the UK bank account application process. For more information, please contact us.

Is it necessary for the company to be trading in the UK?

To be eligible for the Sponsor Licence the company needs to be registered with Companies House and have a UK bank account, as well as be registered for PAYE and VAT in certain circumstances.

There is no explicit requirement for the business to be actively trading in the UK, however if you wish to satisfy the Home Office that your business is a genuine organisation operating lawfully in the UK it would be sensible to present the start-up business with an overseas connection or a new UK business accordingly. We assist and advise on the options and scenarios depending on individual circumstance of your business, which may include cases where:

You are a start-up business and have conducted preliminary set-up activities and marker research
You have a clear business plan for your UK business
You are looking to establish a branch of your overseas business in the UK
You can show that you have sufficient investment funds to grow your UK business and cover minimum salary levels

Sponsor’s duties: what to consider?

Under the UK sponsorship system, the UK employers who employ migrant workers are obliged to follow the specific reporting and record-keeping duties. The employers are required to establish migrants’ permission to live and work in the UK, and undertake the prescribed and ongoing “right to work” checks. The Home Office will judge whether your business is capable of carrying out its sponsor duties by looking at your current human resources and recruitment systems and practices.

The Home Office may also conduct a compliance audit before the decision is made on your application or after you have obtained a licence.

What Key Personnel requirements should be considered?

3 Key Personnel should be appointed from the side of the company for the purposes of Sponsor Licence:

An Authorising Officer – to manage the sponsorship licence and be responsible for the licence
A Key Contact – who is the main contact between the business and the Home Office
At least one Level 1 User to carry out day-to-day sponsor activities and duties using the Sponsorship Management System (SMS)

At the time of the appointment and throughout the period of appointment all key personnel must be based in the UK. Additionally, the Authorising Officer and initial Level 1 User must be a paid director, employee or office holder of the UK entity at the date of application and the Authorising Officer must have sufficient knowledge over the UK business to fulfil their responsibilities.

The same person can be appointed for the Key Personnel roles, or it can be different individuals. However, to be able to apply for a UK Skilled Worker visa via self-sponsorship, your business must have a trusted person based in the UK who is either British or holds a settled status and who you wish to appoint as a director or employee of your UK business. Any third-party service providers who may be appointed as a director or Authorising Officer of your UK business must have sufficient involvement in the business itself to fulfil their responsibilities effectively and be in a position to comply with any sponsor related duties.

Can I be a director and shareholder of the UK company?

Yes, you can be a director and hold up to 100% of the company shares if you wish to sponsor yourself for a UK Skilled Worker visa.

ASSIGNING CERTIFICATE OF SPONSORSHIP (CoS)

What is CoS?

A certificate of sponsorship must be obtained for each foreign worker the UK business wishes to employ, therefore it will be necessary to apply for and then assign a Defined Certificate of Sponsorship (CoS).

CoS is an electronic record, not a physical document and each certificate has its own number which will be used to apply for a self-sponsorship UK Skilled Worker visa.

Once CoS has been assigned to you, you must use it to apply for your Skilled Worker visa within 3 months. You must not apply for your visa more than 3 months before the start date of the job listed on the CoS.

SELF-SPONSORED UK SKILLED WORKER VISA APPLICATION

When can I submit a Skilled Worker visa application?

You can apply for a UK Skilled Worker visa up to 3 months before the day you are due to start work in the UK.

What do I need to demonstrate in my Skilled Worker visa application?

You can apply for a Skilled Worker visa via self-sponsorship once CoS has been assigned. To be able to sponsor yourself for a UK Skilled Worker visa, you will need to demonstrate in your visa application that:

The sponsor has paid the Immigration Skills Charge
The CoS is valid
The job offer is a genuine vacancy
The job is at an appropriate level and you will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code
Your level of English is at least CEFR Level B1 (equivalent to IELTS 4.0)
You have enough money to support yourself without relying on public funds
You can provide a Criminal Record Certificate or a Tuberculosis Certificate, if required, depending on your circumstances

How long does it take?

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision on your visa within:

3 weeks, if you’re outside the UK
8 weeks, if you’re inside the UK

You may be able to pay to get a faster decision. How you do this depends on whether you’re outside the UK or inside the UK.

ADDITIONAL SERVICES FROM JV LEGAL

We work closely with a number of professional service providers and can assist you with the following supplementary services which may be needed for your Skilled Worker visa by self-sponsorship application.

Registering a UK company
Opening a UK business bank account
Preparing a business plan for your UK business

How to book a consultation?

For further advice on the matters related to Self-Sponsorship UK Skilled Worker Visa application, please book consultation by filling out the Contact form or call +44 (0) 207 112 8035.

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