Self Sponsorship Visa UK

To sponsor yourself for a Skilled Worker visa, follow these four steps:

1. Set up a company in the UK.
2. Obtain a Skilled Worker sponsor licence.
3. Issue a Certificate of Sponsorship.
4. Submit your application for a Skilled Worker visa.

Set up a Company in the UK

A self-sponsorship Skilled Worker visa requires either the formation of a new business in the UK or the maintenance of an existing business’s registration in the country.

Can You Register a UK Company While Overseas?

From outside the UK, you can register a company. No British citizen or permanent resident is necessary to serve as a director of a corporation based in the UK. Directors of UK firms, regardless of residency status, are nevertheless subject to specific regulations.

A director who does not reside in the UK may designate a representative who is based in the United Kingdom to carry out the director’s obligations in their place, such as attending board meetings or personally signing official papers.

Hire a professional company formation agency to help you through the procedure and make sure all the necessary steps are taken if you are unsure about the UK business registration process or its rules and regulations. On top of that, you need to follow all local rules and regulations relevant to the registration of foreign corporations.

We collaborate with various company formation agents to help our clients register a UK company from abroad. Contact our self sponsorship visa UK lawyers at 02033939272 or fill out the enquiry form below to learn more.

Obtain a Skilled Worker sponsor licence

Requirements for Sponsor Licence

Applying for and receiving a Skilled Worker sponsor licence is the next stage in acquiring a Skilled Worker visa via self-sponsorship after registering a UK company.

We have put together a comprehensive guide for companies in the UK who are thinking about getting a Skilled Worker sponsor licence. On the other hand, in general, the Home Office will need assurance that:

• Your UK business is legal and legitimate;
• You can trust your UK-based company to fulfil its role as a sponsor with ease; and
• Also, your UK company offers real Skilled Worker jobs with the right salary and skills.

Running a Legal Business in the UK

If you want to prove to the Home Office that your company is legitimate and running legally in the UK, you have to gather four specific documents, as listed in Appendix A of the sponsor guidelines.

Constantly consult an expert because the precise documents required will change based on your application’s specifics. The following documents are usually required to apply for a Skilled Worker sponsor license, but, in cases where a firm has been operating in the UK for less than 18 months (and is thus considered a start-up):

Required Documents

• Proof that the business has an active company bank account with a bank approved by the Financial Conduct Authority and the Prudential Regulation Authority in the UK.

Also, three documents from the list

• Evidence showing the company has filed the necessary paperwork to be recognised by HMRC as a PAYE and NI employer; or
• Documentation showing that the company has filed for VAT; an
• Provide proof that the business has employer’s liability insurance of at least £5 million from a company approved by the Financial Conduct Authority; or
• The company’s proof of ownership or lease for the location where the business is located; or
• The most current financial statements of the company.

Can Non-UK Residents Access Business Banking Services in the UK?

One can open a business bank account in the UK even if they don’t live there, although the details may vary based on the bank and your situation.

As a non-UK resident, opening a bank account in the UK usually requires presenting identifying documents like a passport or national ID card, proof of address (which can be harder to get), and evidence of income or funding source.

Being a tax resident of the UK or having a UK address are requirements that some banks may have. Furthermore, non-UK nationals may only be eligible for basic bank accounts offered by select banks.

Some banks may ask you to go to a branch to open an account, while others might let you do it online.

If you are not a resident of the UK and would want to open a business bank account, you should look into the specific criteria of each bank and get in touch with them to enquire. To further understand your alternatives and make sure you meet all of the bank’s requirements, it may be helpful to speak with an expert. Dial 02033939272.

Does Your UK Business Have to Be Trading in the UK?

You don’t need to be actively trading or have earned any revenue in the UK to register your business with Companies House. All you need is a UK business bank account and, in most circumstances, PAYE/NI and VAT registration.

But convincing the Home Office that your UK company is a legitimate one running legally in the UK is usually easier in cases like:

An active, international firm of yours already exists, and you can provide reasonable justification for opening a UK branch;

• Your UK business has a detailed plan;
• You have enough money to run your UK business, especially for paying people.
• Also, you have started some initial business tasks in the UK, like creating a working website, phone number, and email address.

Our immigration solicitors at Rees Clayton Immigration have successfully obtained sponsor licenses for both new UK firms without a relationship to an existing overseas business and start-up enterprises that are tied to an existing overseas business. You can discuss your alternatives and chances of success with our expert immigration lawyers.

Making Sure Your Business Can Meet Its Sponsor Obligations

There are responsibilities that every licensed sponsor must meet. Maintaining accurate records and adhering to UK immigration regulations are all part of your responsibilities as a licensed sponsor.

Based on an evaluation of your present recruiting and human resources procedures, the Home Office will determine if your company is competent to fulfil its sponsor responsibilities. For instance, it will enquire as to whether or not you have mechanisms to detect when a sponsored worker has failed to show up for work or when their present authorisation is getting close to expiration. Before or after they make a decision on your application, they could also check your licensing for compliance.

All of our clients receive a comprehensive set of HR policies and procedures when they use our sponsor licence application service. This involves providing regular advise on HR systems and processes, reviewing job descriptions, creating a record-keeping checklist and templates, advising on Right Work checks, and drafting a sponsor licence policy.

Genuine Jobs That Match Salary and Skill Requirements

As part of their investigation into your UK-based business, the Home Office will seek assurance that:

• Your UK company will provide jobs that meet the skill level needed for the Skilled Worker route, which is usually at RQF Level 3 or higher. The Home Office has a list of qualified jobs in the Appendix Skilled Occupations and Appendix Immigration Salary List. A SOC 2020 occupation code is assigned to each eligible job;
• You will be able to qualify for the Skilled Worker route because the job offer you receive from your UK employer is higher than the minimum wage. The annual salary requirement for a Skilled Worker is typically £38,700, but it can be £34,830 or £30,960 if the worker receives alternative “tradable points.” Additionally, the “going rate” for the relevant SOC 2020 occupation code in Appendix Skilled Occupations (or a percentage of the “going rate” if the worker receives alternative “tradable points”) must be met or exceeded.
• The job you want to sponsor is real.
• The sponsoring company and the worker are in a direct employer-employee relationship, even though the person may be employed abroad or even be able to self-employed in certain cases;
• Also, the company has no interest in sponsoring a position that would need the employment of a third party to carry out a regular or continuous function.

Consequently, the following must also be submitted to the Home Office with your company’s sponsor licensing application:

• Your company’s opening and running hours, the industry in which you operate, and the reason for applying for a Skilled Worker sponsor licence should all be detailed.
• A current organisational chart showing the current board members, owners, and directors;
• If your company has less than fifty people, a list of their names and positions;
• Give details about the jobs your company wants to fill and will sponsor with a Certificate of Sponsorship (CoS). This should include the job title, occupation code, job duties, where the job is in the company structure, the minimum salary for the position if it were open today, and the required skills, experience, and qualifications.
• If the business wants to give a CoS to someone without advertising the position, they should explain how they chose this person and share some personal details about them. 

Appointing Key Personnel

An application for a sponsor licence cannot be submitted unless three key personnel have been appointed:

• An Authorising Officer – to oversee the sponsorship licence and take ultimate responsibility for it, making sure that all sponsor licence duties are fulfilled;
• A Key Contact – to serve as the intermediary between your company and the Department of Home Affairs;
• A minimum of one Level 1 User to manage sponsorships on a daily basis through the SMS.

It is important to remember the following critical personnel needs while thinking about self-sponsorship:

• Key personnel responsibilities might be filled by the same individual or a combination of various people.
• At the time of appointment and during the duration of their appointment, all key persons (or one person representing all functions) must be physically present in the UK;
• On the application date, the Authorising Officer and first Level 1 User must have paid employment with the UK organisation, either as a director, employee, or holding an office (such as a company secretary);
• The Authorising Officer needs to keep an eye on the UK business to do their job properly. 
• Also, the Level 1 User must be British or have settled status in the UK.

The practical application of these conditions for a Skilled Worker visa through self-sponsorship is as follows: you must have a reliable, British, or settled, individual in the UK who you are ready to appoint as a paid director, employee, or office holder of your UK business.

Before you hire someone to be your UK director and authorising officer for a fee, think about how they will prove to the Home Office that they are actively involved with and oversee your UK business enough to carry out their duties. Another thing to remember is that the Authorising Officer’s company premises can be visited by the Home Office without prior notice in order to ensure compliance.

Issue a Certificate of Sponsorship

Your company can apply for and assign a Defined Certificate of Sponsorship (CoS) if your sponsor licensing application is granted.

Every migrant worker you intend to hire must have an electronic Certificate of Sponsorship assigned to them. An applicant worker can apply for a self-sponsorship Skilled Worker visa with the help of a unique reference number assigned to each CoS.

The date of your Skilled Worker application must be no more than three months prior to the issuance of your Certificate of Sponsorship.

There are specific pieces of information that must be included on your Certificate of Sponsorship:

• Personal information (name, position, and income);
• Starting date within three months of Skilled Worker visa application;
• It is important to note that the Certificate of Sponsorship cannot be used for another application, whether it was approved or denied. Additionally, neither the sponsor nor the Home Office have the authority to withdraw or cancel the sponsorship.

Submit your application for a Skilled Worker visa

The process of applying for a Skilled Worker visa through self-sponsorship can be initiated once you have been assigned a Certificate of Sponsorship.

To apply for a Skilled Worker visa as an individual, you must provide evidence that:

• You have a valid Certificate of Sponsorship;
• The position you’re advertising is open and genuine;
• You are well-suited for this position;
• Your wage will be at least as high as the “going rate” for your specific SOC 2020 job code and the general pay threshold;
• Your main sponsor has already covered the cost of the Immigration Skills Charge;
• English proficiency at CEFR Level B1 (IELTS 4.0);
• You can support yourself without governmental funds;
• You provided a criminal record certificate and a valid TB certificate if needed.
• To apply for a Skilled Worker visa, you have until three months before your expected start date of employment in the UK.

The usual processing time for an overseas application for a self-sponsored Skilled Worker visa is three weeks. It usually takes 8 weeks to process an application to switch to or extend a stay in the UK as a Skilled Worker. Certain services may also be offered as a priority.