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Can I Self Sponsor Myself To Work In The UK?

Overseas entrepreneurs can't self sponsor a skilled worker visa. Individuals wishing to set up a business in the UK must first apply for a sponsor licence.

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It has come to our attention that there is an article circulating in the Indian media which states that overseas entrepreneurs are able to self sponsor a skilled worker visa for themselves in order to work in the UK. Thal Vasishta, a Director and Immigration Solicitor at Paragon Law is here to draw clarity on the article and the concept of ‘self sponsorship’.

Theoretically self sponsorship refers to making an application for your own business to sponsor yourself, as opposed to having a separate UK sponsor. However, there is no such thing as ‘self sponsorship’ and there is certainly not a UK self sponsorship visa category. Instead, self sponsorship refers to using your company to sponsor you through an existing UK visa route (the Skilled Worker visa).

Can I self sponsor myself to work in the UK?

As mentioned, technically there is no such thing as self sponsorship. However, you can set-up a company in the UK with the intention that it will trade and use this company to sponsor yourself as part of a Skilled Worker visa. To be eligible for self sponsorship you must:

  • Have a suitable and attainable business plan or you have identified a business in the UK you wish to take over.

  • Have the relevant experience or qualifications required to set up or take over a business in the UK.

  • Meet the English language requirements (able to speak and understand English to Level B1 on the CEFR scale, as determined by passing an approved English language test).

  • Have the required resources to set up a business in the UK - whilst there is no minimum or maximum investment criteria you are required to have sufficient funds to set up a business.

  • Have an Authorising Officer in your business, this person should either be a British citizen or someone who is settled in the UK.

However, before you apply to self sponsor yourself (apply for a skilled worker visa), the company which you wish to set-up in the UK must first apply for a sponsor licence.

 

How to apply for a sponsor licence

To apply for a sponsor licence, a UK company will need to providing the following evidence (as a minimum) in support of the application:

  • Latest corporate bank statement

  • Employers Liability Insurance

  • Proof of business premises

  • HMRC registrations (minimum registration for PAYE)

As a newly registered company with little trading history in the UK there is a chance that the company will be selected for a pre-registration audit by the UKVI. This audit is a check done by the UKVI to ensure that they are satisfied that the business has adequate systems and processes in place to satisfy the duties of a sponsor. Whilst Paragon Law can help for the preparation of this UKVI audit, the audit itself will take place at the company business premises where the UKVI officers would expect to meet with the person employed by the business to discuss the sponsorship application.

 

The skilled worker visa and self-sponsorship

After you have obtained a sponsor licence you will be able to apply for a skilled worker visa which will enable you to work and live in the UK. When applying for a skilled worker visa you will be required to provide the following:

  • Your certificate of sponsorship reference number.

  • Evidence that you meet the English language requirements.

  • A valid passport or another valid document which shows your identity and nationality.

  • Your job title, annual salary, and job occupation code.

  • The name of your employer and their sponsor licence number (this can be found on their certificate of sponsorship).

In addition to these documents, you may also be required to provide the following:

  • Evidence that you meet the financial requirement (if necessary).

  • A tuberculosis test result (if from a listed country).

  • A criminal record check (if applying for entry clearance of being sponsored for a job in a certain sector).

  • A valid ATAS certificate (if applying for a job researching a sensitive subject in a listed occupation).

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UK self sponsorship and the skilled worker visa: FAQs

 

Can self sponsorship lead to permanent settlement in the UK?

Yes, if you are successful in obtaining a sponsor licence and subsequently obtaining a skilled worker visa then in the future  you may be able to apply for indefinite leave to remain in the UK which can later be followed by British citizenship

If you are in the UK on a skilled worker visa, then you must have been working and living in the UK for at least 2 years before you can apply for indefinite leave to remain. If you are in the UK on a different UK visa, then this time increases to 5 years - but please consult an immigration lawyer to obtain tailored information regarding your circumstance.

Once you have obtained indefinite leave to remain in the UK, you must have lived in the UK for at least 5 years and have held indefinite leave to remain for at least one year. Indefinite leave to remain can lead to British citizenship.

At Paragon Law, our immigration lawyers are able to assist those individuals who are looking to either obtain indefinite leave to remain through a skilled worker visa, or those who are looking to apply for British citizenship after having the previous two statuses.

 

How much does it cost to apply for a sponsor licence?

The specific fee for applying for a sponsor licence is determined by the size and type of your organisation. The cost to apply for a sponsor licence as a ‘small’ or charitable organisation is £536, whilst to apply for a sponsor licence as a medium or large sponsor is £1476. This fee is must be made every time an organisation wishes to renew their licence (every four years).

A ‘small’ organisation is one in which meets at least two of the following:

  • Has an annual turnover of £10.2 million or less.

  • Has total assets worth £5.1 million or less.

  • Has 50 employees or fewer.

A ‘charitable’ organisation is one in which:

  • Is a registered charity in the UK.

  • Is an accepted charity.

  • Is an exempt charity.

  • An ecclesiastical corporation founded for charitable purposes. 

 

How much is a skilled worker visa?

The cost of applying for a skilled worker visa ranges from £719 - £1500. With the specific cost being dependent on your circumstances, such a whether you are applying from inside or outside of the UK and the length of thew visa that you are applying for. However, in addition to paying the visa application costs, at the time of making the visa application you will also be required to pay the immigration health surcharge (IHS) which currently stands at £1035 per year. The immigration health surcharge enables you to access NHS services and it is a mandatory requirement.

 

Conclusion 

If you are able to implement the points discussed and in particular, employ a UK resident, then a UK immigration law advisor will be able to advise you on the acquisition of a sponsor licence and your subsequent ‘self-sponsorship’.

 

How can Paragon Law help?

If you require assistance regarding self-sponsorship in the UK then please get in touch with us. Please note that our immigration lawyers will offer a fixed fee initial consultation (starting at £100).

 

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Keep this page for future reference

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