A Guide to Self-Sponsorship as a Skilled Worker: Navigating the UK’s Immigration System

For international entrepreneurs or individuals looking to establish themselves in the UK, self-sponsorship under the Skilled Worker visa provides a unique pathway. This allows business owners or potential founders to set up a company in the UK and sponsor themselves as a Skilled Worker. At GSC Solicitors, we specialise in guiding clients through the complex requirements and legalities of self-sponsorship. Here’s a step-by-step breakdown of how to self-sponsor as a Skilled Worker in the UK:

Stage 1: Securing a Sponsor Licence

The first step in self-sponsorship is ensuring that your UK-based company has a valid sponsor licence. Without this, your business cannot sponsor any workers, including yourself. To qualify, the company must be lawfully operating in the UK and demonstrate that it is a genuine business.

Key Requirements:

• Company Registration: Your business must be registered with Companies House.
• Documentary Evidence: When applying for a sponsor licence, you’ll need to provide specific documentation proving the company’s operations and compliance with UK law. This includes:
  • Employer’s liability insurance of at least £5 million.
  • Proof of registration with HMRC.
  • VAT registration certificate (if applicable).
  • A certified copy of recent annual accounts.
  • Bank statements from a UK-regulated financial institution.

It’s crucial to follow Home Office guidelines when presenting these documents. Failure to comply can lead to delays or refusals. GSC Solicitors can assist in ensuring that all paperwork is correctly submitted to avoid any complications.

Designating Key Roles for the Licence:

After securing the sponsor licence, your company must appoint key personnel to manage its sponsorship duties. These roles include:

• Authorising Officer: Responsible for the actions of the company and overall compliance.
• Key Contact: The primary point of communication between your company and the UK Visas and Immigration (UKVI).
• Level 1 User: Manages day-to-day operations related to the sponsor licence.

To ensure compliance with the Home Office, the individuals assigned to these roles must meet strict criteria, particularly in terms of immigration status and suitability.

Stage 2: Applying for a Certificate of Sponsorship (CoS)

Once your company has obtained a sponsor licence, the next step is securing a Certificate of Sponsorship (CoS). This digital document outlines the specifics of the job you, as the worker, will be doing in the UK. The CoS must contain details about your role, salary, and employment terms.

Steps to Obtain a CoS:

• If you’re already in the UK, your company will need to issue an undefined CoS.
• If you’re applying from outside the UK, your company must request a defined CoS, which is specific to overseas applications.

The CoS must align with the appropriate occupation code, as outlined in the Home Office’s Skilled Occupations list. Choosing the correct code is critical to avoid potential refusals, which can occur if the role description does not match the occupation code selected.

Stage 3: Skilled Worker Visa Application

After receiving the CoS, you can apply for a Skilled Worker visa. The visa application process involves meeting several essential criteria, including:

• Genuine Vacancy: The job must be a legitimate position that aligns with your company’s needs.
• Skill Level: The role must meet a specific skill level, usually at or above RQF Level 3.
• English Language Requirement: You must demonstrate proficiency in English, typically at CEFR Level B1.
• Salary Threshold: Your salary must meet or exceed the threshold of £26,200 per year or £10.75 per hour (whichever is higher), though this will increase to £38,700 from April 2024.

Failure to meet these criteria can result in your application being rejected. Our experienced immigration lawyers can help ensure that your application satisfies all the requirements for a smooth process.

Understanding the Legalities of Self-Sponsorship

While self-sponsorship offers great opportunities for entrepreneurs, the process is complex and comes with significant responsibilities. Mismanagement of the sponsor licence, CoS, or visa applications can lead to severe consequences, such as the revocation of your licence or denied entry into the UK.

Moreover, it’s important to maintain compliance throughout your time in the UK, particularly regarding salary payments and fulfilling the obligations tied to your CoS. Any breach in compliance can risk your immigration status and your business’s ability to continue sponsoring migrant workers.

Why Choose GSC Solicitors?

Navigating UK immigration laws, especially self-sponsorship, requires expert guidance. At GSC Solicitors, we offer:

• Tailored advice on obtaining sponsor licences and Certificates of Sponsorship.
• Detailed support to ensure that your business meets all Home Office regulations.
• Comprehensive guidance through every step of the Skilled Worker visa process, from choosing the correct occupation code to salary compliance.

Conclusion

Self-sponsorship as a Skilled Worker can open doors for individuals looking to start or grow a business in the UK. However, it’s essential to follow every step of the process carefully and ensure compliance with UK immigration law. If you’re considering self-sponsorship or have questions about the process, our team at GSC Solicitors is here to help. Contact us today for expert assistance in navigating the complexities of UK immigration law.

For further guidance or assistance, contact GSC Solicitors at [email protected].