Ultimate Guide to Self-Sponsorship for Entry to the UK

By Sanwar Ali:

Navigating through the intricacies of the UK immigration system can be a daunting task. The UK offers various visa options, each with its own set of rules and requirements. One of these options may be self-sponsorship, an avenue that allows individuals to sponsor themselves for entry to the UK without a job offer, or a job offer through their own UK business. These methods of entry may be relevant for business people and those with exceptional skills and talent in specific fields.

This comprehensive guide aims to provide detailed information on self-sponsorship options, focusing mainly on the Skilled Worker Visa, Innovator Founder Visa, and Global Talent Visa. However, it's worth noting that obtaining a sponsor licence and sponsoring oneself via this route could potentially raise suspicions within the Home Office, making the process more complex and resulting in greater scrutiny of your application.

Table of Contents

1. UK Skilled Worker Visa
2. Sponsor Licence
3. Certificate of Sponsorship
4. Job Requirements and Salary Threshold
5. UK Expansion Worker Visa
6. Innovator Founder Visa
7. Global Talent Visa
8. Challenges in Obtaining a Skilled Worker Sponsor Licence
9. Comparative Analysis: Skilled Worker Visa vs UK Expansion Worker Scheme
10. Permanent Residence and Indefinite Leave to Remain

UK Skilled Worker Visa

The UK Skilled Worker Visa is an attractive option for those planning to work in the UK. This visa category allows foreign nationals who have an offer from a UK employer to live and work in the UK. The employer, in this case, must hold a valid sponsor licence. A significant advantage of this category is that it ultimately leads to indefinite leave to remain (ILR), also known as permanent residence, after five years of continuous residence in the UK.

Sponsor Licence

To employ foreign nationals under the Skilled Worker Visa category, UK employers must first obtain a sponsor licence. This is a permission granted by the UK Home Office, allowing employers to hire non-UK residents. It's crucial to note that the sponsor licence application process is rigorous, requiring employers to provide substantial evidence to demonstrate their eligibility and genuine need to hire foreign workers. The UK Home Office conducts thorough checks before granting a sponsor licence to ensure compliance with immigration rules. You will also need to have someone who is a British citizen or UK permanent resident to take on the position of level 1 user for the sponsor licence application. Other sponsor management roles can be filled with people on temporary visas.

Certificate of Sponsorship

Once an employer obtains a sponsor licence, they can issue a Certificate of Sponsorship (CoS) to prospective foreign employees. The CoS is a digital record containing the details of the job offer and the applicant. It's essential to note that the CoS is not a physical document but a unique reference number that the applicant must include in their visa application.

Job Requirements and Salary Threshold

The Skilled Worker Visa has specific job requirements. The job offered must be at an appropriate skill level, typically Regulated Qualifications Framework (RQF) level 3 or above. Additionally, the job must meet the salary threshold, which is generally at least £26,200 per year or the 'going rate' for the occupation, whichever is higher. However, some exceptions might apply, depending on the job's shortage occupation list status or if the applicant is a new entrant to the job market.

UK Expansion Worker Visa

The UK Expansion Worker Visa is another option worth considering for self-sponsorship. This visa category is designed to facilitate the transfer of senior or specialist employees from an overseas business to a connected UK entity. However, it's important to note that this visa category does not lead to indefinite leave to remain. Somebody under this category who wishes to stay in the UK long term may wish to apply for a Skilled Worker visa. Moreover, this option might be more suitable for businesses that already employ a significant number of employees outside the UK.

Innovator Founder Visa

The Innovator Founder Visa is a unique category aimed at experienced business professionals who wish to establish a business in the UK. To be eligible for this visa, applicants must have a unique and viable business idea that has been endorsed by a Home Office-approved endorsing body. However, this category is designed for a limited number of people, and obtaining endorsement can be challenging due to the stringent criteria set by the endorsing bodies.

Global Talent Visa

The UK Global Talent Visa offers another avenue for self-sponsorship. This visa category is designed for individuals who are leaders or potential leaders in their fields such as arts, sciences, engineering, humanities, medicine and digital technology. Like the Skilled Worker Visa, the Global Talent Visa also leads to indefinite leave to remain but offers more flexibility. For instance, there are no restrictions on the type of work one can do within their field, and there is no minimum salary threshold. However, applicants must secure endorsement from a Home Office-approved endorsing body unless they have won a prestigious prize that demonstrates exceptional talent and are thereby exempt from the endorsement requirement.

Challenges in Obtaining a Skilled Worker Sponsor Licence

Obtaining a sponsor licence and sponsoring oneself can be a complex process. The Home Office might be more suspicious of individuals who self-sponsor, necessitating a more thorough and scrutinised application process. For instance, under the Skilled Worker Sponsorship scheme, applicants will need to find a British citizen or permanent resident to fill the level 1 user position, and UK residents to fill the other sponsor management roles. Additionally, the business should also have started trading. These requirements can make the process more complicated and challenging for applicants.

Comparative Analysis: Skilled Worker Visa vs UK Expansion Worker Visa

While both the Skilled Worker Visa and the UK Expansion Worker Scheme offer paths for self-sponsorship, they differ significantly in their requirements and benefits. The Skilled Worker Visa requires an employer that is already trading in the UK to sponsor the applicant, while the Global Expansion Worker Scheme is for businesses with an overseas workforce which has not as yet started trading in the UK. Moreover, the Skilled Worker Visa leads to indefinite leave to remain, while the Global Expansion Worker Scheme does not (you may be able to switch to the SkIller Worker visa). Therefore, applicants must carefully consider their individual circumstances, professional goals, and long-term plans before choosing a suitable visa category.

Permanent Residence and Indefinite Leave to Remain

After residing in the UK for a specific period under these visa categories, applicants can apply for Indefinite Leave to Remain (ILR), also known as permanent residence. For instance, Skilled Worker Visa holders can apply for ILR after five years of continuous residence in the UK. Similarly, Global Talent Visa holders can become eligible to apply for ILR after either three or five years, depending on their endorsement category. Obtaining ILR allows individuals to live and work in the UK without any restrictions, marking an important milestone in their journey towards British citizenship.

Conclusion

Self-sponsorship offers a viable route for business people and skilled and talented individuals to enter the UK in some cases without a job offer. However, navigating the complex immigration rules, and in some cases having to obtain a sponsor licence, and sponsoring oneself can pose significant challenges.

How Workpermit.com Can Help with Sponsor Licences

If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, Workpermit.com can help.

For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)