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UK Self-Sponsorship Visa

Uk Self-Sponsorship Visa As A Skilled Worker

One of the most common ways to work and live in the UK as a migrant is through sponsorship as a Skilled Worker. In this case, a migrant’s leave in the UK is tied to their work for their sponsored employer.

If you have already set up a company or are planning to set up a company, it is possible to sponsor yourself in the UK. In order to sponsor yourself, there is a three-stage process.

Stage 1- Sponsor Licence

The first stage is to establish a business and to apply for a Skilled Worker Sponsorship Licence. To obtain a sponsorship licence the company must be a genuine business and be operating lawfully within the UK. When applying for a sponsorship licence the company must provide at least four documents from the following list (it is an extensive list and not limited to the below-mentioned evidence) :

  • Evidence of employers liability insurance covering at least £ 5 million from an insurance company authorized by the Financial Conduct Authority,
  • Proof of registration with HMRC,
  • Latest acknowledgement of a Company Tax Return,
  • HMRC VAT registration certificate,
  • Most recent annual accounts,
  • Proof of ownership or lease of your business premises,
  • Latest corporate or business bank statement, from a bank regulated by the FCA or PRA.

There is also some further specified evidence the company will need to supply the Home Office within the application.

Key Roles

Having a sponsorship licence brings a company many duties and responsibilities. The sponsorship licence may be suspended, revoked, or downgraded if the company does not abide by these rules.

The key personnel of the company have the following responsibilities:

  • Authorising officer: Senior competent person responsible for actions of staff and SMS system,
  • Key contact: Main contact with the Home office,
  • Level 1 User: Responsible for the management of the SMS system on a day-to-day basis.

Please note that these roles can be filled by the same people or multiple people. But the Level 1 User must be an employee or office holder. Level 1 user must be British or settled person and they can not be a relative or a partner of the proposed migrant worker.

Stage 2: Certificate of Sponsorship

Once the company obtained a licence , then it needs to apply for Certificate of Sponsorship (CoS). The CoS is the formal confirmation of the terms of employment. If the proposed worker in the UK, the CoS needs to be assigned an undefined CoS.

When assigning the CoS, the company needs to select an occupation code which best reflects the type of the role, and the job description needs to fit with the work that proposed worker will be undertaking.

Stage 3: Skilled Worker Visa Application

Once the CoS is assigned, then the proposed worker will be able to apply for Skilled Worker Visa.

The following criteria regarding the applicant must be met in a skilled worker visa application:

  • Aged 18 or over,
  • Have a valid CoS,
  • The job offer is a genuine vacancy,
  • The job is an appropriate level,
  • The sponsor has paid any Immigration Skills Charge,
  • They hold an English Level Certificate which is at least CEFR Level 1,
  • They will paid a salary that equals or exceeds both the general salary threshold or the ‘going rate’ for the selected occupation code,
  • They meet the maintenance requirement.

 

FAQs

Does this route lead to settlement?
Yes. The applicant can apply for settlement after 5 years they spent on a Skilled Worker Visa.

Does the worker need to take a salary?
Yes, as a Skilled Worker, the applicant needs to be paid a salary in line with the salary requirements.

Can I open a company while I am in the UK?
The answer is dependent on your visa and rights. It may be possible to set up a business while you are in the UK.

Can also do other work outside of my company?
Skilled Workers can also do additional work outside of their main work. However, this will be only possible if the work is in the same profession and at the same level as the work assigned in the CoS or the work needs to be on the Shortage Occupation List. The additional work should not be more than 20 hours a week and must take place outside of the work hours.

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