FURTHER DETAILS

How UK self-sponsorship works

A self-sponsorship strategy generally involves establishing or acquiring a UK business that has a genuine commercial purpose and requires the applicant to undertake an eligible skilled role.

The UK business must apply for a Skilled Worker sponsor licence. If the licence is granted, the business may be able to assign a Certificate of Sponsorship to the applicant, who can then apply for a Skilled Worker Visa.

The process will normally involve:

• establishing or acquiring a genuine UK business;
• putting an appropriate ownership and management structure in place;
• demonstrating that the business is trading or genuinely capable of trading;
• identifying a genuine role required by the business;
• confirming that the role is eligible for Skilled Worker sponsorship;
• ensuring that the proposed salary meets the applicable requirements;
• appointing suitable sponsor licence key personnel;
• obtaining a Skilled Worker sponsor licence;
• assigning a Certificate of Sponsorship; and
• submitting the Skilled Worker Visa application.

Ownership of the business does not, by itself, prevent an individual from being sponsored. However, the Home Office will consider whether the business, vacancy and employment arrangements are genuine.

The UK business

The sponsoring company must be a genuine UK organisation operating lawfully in the UK. It must be able to demonstrate that it is capable of carrying out its proposed business activities and meeting its sponsor duties.

Evidence may include:

• Companies House registration documents;
• a UK business bank account;
• evidence of investment or available funding;
• business premises or appropriate working arrangements;
• contracts, invoices or evidence of prospective business activity;
• registration with HMRC and other relevant authorities;
• a credible business plan and financial projections; and
• evidence that the company can support the proposed role and salary.

A newly formed business can apply for a sponsor licence, but it must provide credible evidence of its structure, funding and intended activities.

Sponsor licence requirements

The UK business must satisfy the Home Office that it is genuine, operating lawfully and capable of complying with its sponsorship responsibilities.

The business must appoint suitable people to manage the sponsor licence. These individuals will be responsible for assigning Certificates of Sponsorship, maintaining records and reporting relevant changes to the Home Office.

The Home Office may consider:

• the ownership and management of the company;
• the business model and proposed activities;
• the source and level of funding;
• the need for the proposed role;
• the company’s ability to pay the salary;
• the suitability of the proposed key personnel;
• the company’s HR and record-keeping systems; and
• whether the application presents any compliance risks.

The Home Office may conduct a pre-licence compliance visit or request further evidence before deciding the application.

The sponsored role

The proposed job must be a genuine vacancy required by the UK business. It must correspond with an eligible occupation code and satisfy the applicable skill and salary requirements.

The job title alone is not decisive. The Home Office may examine the duties, working hours, salary, size of the business and whether the role is credible in the context of the company’s current and proposed activities.

The role must not have been created principally to facilitate a visa application. There must be a genuine commercial need for the work the applicant will undertake.

Skilled Worker Visa requirements

Once the sponsor licence has been granted and a Certificate of Sponsorship has been assigned, the applicant must make a separate Skilled Worker Visa application.

The applicant will normally need to show that:

• the UK company holds a valid Skilled Worker sponsor licence;
• they have been assigned a valid Certificate of Sponsorship;
• the job is in an eligible occupation;
• the salary meets the applicable general and occupation-specific thresholds;
• they meet the English language requirement;
• they meet any applicable financial requirement; and
• they satisfy the suitability requirements.

The precise salary requirement depends on the occupation code, the applicant’s circumstances and whether any permitted reduction applies.

Bringing your partner and children

An eligible partner and children may normally apply as dependants of a Skilled Worker.

Each dependant must make a separate application and meet the relevant relationship, age, financial and suitability requirements.

A dependant partner will generally be permitted to work in the UK, subject to the conditions attached to their immigration permission.

Settlement through self-sponsorship

The Skilled Worker route can lead to indefinite leave to remain after five qualifying years, provided the applicant continues to meet the relevant residence, sponsorship and salary requirements.

The applicant will normally need to remain employed by the sponsoring business and be required for the role for the foreseeable future.

Applicants must also satisfy the continuous residence, absence, English language and Life in the UK requirements that apply at the time of the settlement application.