A UK Skilled Worker visa may be available to you through self-sponsorship, hwhich involves being sponsored by your own UK company, if you are interested in establishing a new business in the UK or own an existing business in the country. Before you can apply for a UK Skilled Worker visa through self-sponsorship, your UK business must obtain a UK Skilled Worker sponsor licence.

The Skilled Worker visa route that is self-sponsored has the potential to result in settlement in the United Kingdom. Dependent companions and children may accompany applicants.

Requirements for a Self-Sponsorship UK Skilled Worker Visa

To sponsor yourself for a UK Skilled Worker visa, you must meet the following criteria, as outlined by UK Visas and Immigration: IN order to sponsor oneself for a UK Skilled Worker visa, the following criteria must be met, as outlined by UK Visas and Immigration:

• 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 a valid Certificate of Sponsorship to you 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 both a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code;
• 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.

The specific requirements that must be met in order to sponsor oneself for a UK Skilled Worker visa will differ based on the individual's circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

How to Apply for a Self-Sponsorship UK Skilled Worker Visa

In order to sponsor yourself for a UK Skilled Worker visa, you will need to complete 4 steps:

1. Establish a UK company
2. Apply for a Skilled Worker sponsor licence
3. Assign a Certificate of Sponsorship
4. Apply for a Skilled Worker visa

Stage 1: Establish a UK Company

To qualify for a UK Skilled Worker visa through self-sponsorship, you must either register a new company in the UK or have already registered a company in the United Kingdom.

Is It Possible to Register a UK Company From Overseas?

There is a possibility of registering a UK company from abroad. A director of a UK company is not required to be a British citizen or a UK resident. Nevertheless, all directors of UK companies, including those who are not UK residents, are required to satisfy specific obligations and qualifications.

A UK-based representative may be appointed by a non-UK resident director in the event that they are unable to fulfil their responsibilities, such as signing official documents in person or attending board meetings themselves.

If you are not acquainted with the UK company registration process or UK laws and regulations, you may wish to retain the services of a professional company formation agent who can assist you in navigating the process and guarantee that all necessary requirements are fulfilled. Furthermore, it is imperative that you adhere to all pertinent laws and regulations in your country of origin with respect to the registration of an overseas company.

Stage 2: Apply for a UK Skilled Worker Sponsor Licence

Requirements for a UK Skilled Worker Sponsor Licence 

After registering a UK company, the subsequent step in the process of obtaining a UK Skilled Worker visa through self-sponsorship is for your UK business to submit for and be granted a Skilled Worker sponsor licence.

We have compiled a comprehensive guide for UK businesses that are contemplating the application for a UK Skilled Worker sponsor Licence. Nevertheless, the Home Office will require assurance that:

• Your UK business is a genuine business operating lawfully in the UK; and
• Your UK business is capable of carrying out its sponsor duties effectively; and
• Your UK business is offering genuine employment that meets the salary and skill level requirements of the Skilled Worker route.

Genuine Business Operating Lawfully in the UK

The Home Office requires that you submit a minimum of four specified documents, as outlined in Appendix A of the sponsor guidance, to demonstrate that your business is a legitimate entity operating lawfully in the United Kingdom.

Professional advice should always be obtained, as the specific documents that you will need to provide will vary depending on the circumstances of your application. Nevertheless, the following documents will typically be required to be included in a Skilled Worker sponsor licence application if a business has been functioning in the UK for less than 18 months and qualifies as a start-up business:

Mandatory 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;

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.

Can a Non-UK Resident Open a UK Business Bank Account?

It is feasible for a non-UK resident to establish a business bank account in the United Kingdom; however, the prerequisites and procedures may differ contingent upon the bank and the individual's circumstances.

In order to establish a bank account in the United Kingdom as a non-resident, you will typically be required to submit identification documents, including a passport or national ID card, evidence of address (which may be more challenging to obtain as a non-resident), and proof of income or funding source.

Certain institutions may mandate that you possess a UK address or be a tax resident in the United Kingdom. Furthermore, certain banks may restrict the availability of specific classes of accounts to non-UK residents, such as basic bank accounts.

It is also crucial to consider that certain institutions may mandate that you visit a branch in person to establish an account, while others may permit you to do so online.

Researching the requirements of various banks for non-UK residents and contacting them directly to determine the necessary documents and information to establish a business bank account is advised. It may be beneficial to seek the advice of a professional who can provide a comprehensive explanation of your options and assist in guaranteeing that all of the bank's requirements are satisfied.

Does the UK Business Need to Be Trading in the UK?

In the majority of cases, your UK business will be required to register for PAYE/NI and VAT, have a UK business bank account, and be registered with Companies House. However, it is not necessary for your business to be actively trading or have generated any revenue in the UK.

Nevertheless, it is frequently simpler to demonstrate to the Home Office that your UK business is a legitimate organisation operating lawfully in the UK if, 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 a sufficient amount of investment funds to operate your UK business, particularly any staffing costs, and you have engaged in some early-stage business activities in the UK, such as establishing a functioning website, telephone number, and email address.

Our immigration solicitors at Richmond Chambers have obtained sponsor licences for both new UK businesses and those that are associated with an existing overseas business. Our immigration solicitors are qualified to provide you with guidance on the likelihood of success and your available options.

Business Is Capable of Carrying Out Its Sponsor Duties

Certain obligations must be fulfilled by all licenced sponsors. Your responsibilities as a licenced sponsor will encompass the following: compliance with UK immigration laws, record-keeping, and recording.

The Home Office will evaluate the capacity of your business to fulfil its sponsor responsibilities by examining its current recruitment and human resources systems and practices. For instance, it will inquire about the existence of systems that enable you to determine when a sponsored worker fails to report to work or when their current permission is about to expire. They may also conduct a compliance audit, either prior to or subsequent to the granting of your licence.

We furnish all of our clients with a comprehensive Human Resources policy and procedure bundle as part of our sponsor licence application service. This encompasses the following: a job description analysis, guidance on Right to Work Checks, a Sponsor Licence Policy guide, a record-keeping checklist and templates, and ongoing advice on HR systems and procedures.

Genuine Employment That Meets Salary and Skill Level Requirements

In addition to reviewing documentation about your company in the UK, the Home Office will want to be satisfied 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), The Home Office sets out eligible jobs in Appendix Skilled Occupations and Appendix Immigration Salary List. Each eligible job has a SOC 2020 occupation code; 
• Your UK company will be offering employment which meets the salary level requirement of the Skilled Worker route.  The salary you receive as a Skilled Worker will usually need to equal or exceed both the general salary threshold (normally at least £38,700 per year, but may be £34,830 or £30,960 per year if you, as the worker, score alternative ‘tradable points’) and the ‘going rate’ for the applicable SOC 2020 occupation code in Appendix Skilled Occupations – or a percentage of the ‘going rate’ if you score ‘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 can read more about the skill level requirement and the salary threshold requirement on our main Skilled Worker visa page.

As part of your company’s sponsor licence application, you will therefore additionally need to provide the Home Office with the following:

• 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

Prior to submitting your application for a sponsor licence, you will need to appoint 3 Key Personnel:

• An Authorising Officer – to manage the sponsorship licence and be ultimately responsible for the licence, ensuring that your sponsor licence duties are met;
• A Key Contact – to act as the main contact between your business and the Home Office;
• At least one Level 1 User to carry out day-to-day sponsorship activities using the Sponsorship Management System (SMS).  

When considering self-sponsorship, the following specific key personnel requirements should be kept in mind:

• 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 practice, these requirements mean that in order to apply for a UK Skilled Worker visa via self-sponsorship you will need to have a trusted person based 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 for the services of a third-party agent to act as a UK Director and Authorising Officer for a fee, you may wish to consider how the agent will satisfy the Home Office that they have sufficient involvement in and oversight over your UK business to fulfil their responsibilities.  You may also wish to keep in mind that the Home Office can, and regularly does, conduct unannounced compliance visits to the Authorising Officer’s business premises.

Stage 3: Assign a Certificate of Sponsorship (CoS)

After the approval of your company's sponsor licence application, your business will be able to register for and subsequently assign a Defined Certificate of Sponsorship (CoS).

Certificates of Sponsorship are electronic records that must be assigned to each migrant labourer you intend to employ. An applicant worker will be able to register for a self-sponsorship UK Skilled Worker visa with the assistance of a unique reference number assigned to each CoS.

Your Certificate of Sponsorship must have been issued no earlier than three months prior to the date of your UK Skilled Worker application.

Certain mandatory information must be included in your Certificate of Sponsorship, such as:

• Details of your name, job and salary;
• A start date which is no more than 3 months after the date your UK 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.

Stage 4: Apply for a Self-Sponsored UK Skilled Worker Visa

You will be able to register for a Skilled Worker visa through self-sponsorship once a Certificate of Sponsorship has been assigned.

In order to sponsor yourself for a UK Skilled Worker visa, your visa application must demonstrate that:

• 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 both a general salary threshold and the ‘going rate’ for the applicable SOC 2020 occupation code;
• 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.

Up to three months prior to your anticipated commencement of employment in the United Kingdom, you may submit an application for a UK Skilled Worker visa.

Typically, a decision on your self-sponsored Skilled Worker visa application should be received within three weeks if you are applying from abroad. The standard processing period for an application to switch into or extend a stay in the UK as a Skilled Worker is 8 weeks. Additionally, priority services may be accessible.