For ages, the UK has been a haven for talents, entrepreneurs, and professionals across the world in search of new opportunities. Conventionally, the major route for skilled migration has been employer-sponsored visas, whereby a company in the UK offers the job and sponsors the individual’s visa. The UK immigration scenario has changed over time, providing scholars with a variety of alternative UK visa options to consider for those interested in moving without a sponsor.
Some of these include self-sponsorship, which is a relatively recent consideration with potential opportunities falling in this category.
Therefore, this article shall discuss in detail how self-sponsorship functions, who should benefit from it, its requirements and challenges, as well as the importance of hiring an immigration lawyer in the UK in ensuring the process runs smoothly.
Employer Sponsorship in the UK
Traditionally, the Skilled Worker visa (formerly the Tier 2 General visa) has been the main route for skilled migration to the UK. It involves a UK employer sponsoring an applicant with a sponsor licence and extending an offer of employment. The employer will need to prove that it is not possible to fill the position with a local employee, and the position must satisfy minimum skill and salary requirements. While it works for most, this system is severely limited. Not everyone gets the offer of a UK job, and even highly skilled people want to come on their own or begin businesses.
The Shift: Alternative UK Visa Options
The UK government has made changes, providing various types of visa options, consciously attracting more entrepreneurial talent and giving flexibility to interested immigrants. These alternatives include the Innovator Founder Visa, the Global Talent Visa, and the Start-up Visa. Each route has its own eligibility criteria, but all share a common goal: to allow talented individuals to contribute to the UK economy and society without being tied to a single employer. However, self-sponsorship has become increasingly popular in the past few years.
What Is Self-Sponsorship?
In essence, the notion of self-sponsorship refers to the strategic application of immigration laws and provisions: a legitimate business is set up or acquired in the UK; this business gets a sponsor licence and sponsors the foreign national for the Skilled Worker visa. In other words, you become the employer and employee at the same time, through your own business, thus negating the need for a third-party sponsorship.
This self-sponsorship option is most interesting for entrepreneurs, business owners, and professionals who want to have some measure of control over their work and future in the UK. Self-sponsorship is also an empowerment solution for those who might not meet the criteria under other alternative UK visa options – failures being endorsement or specific sector experience.
How Does Self-Sponsorship Work?
The self-sponsorship process involves several key steps that need to be properly planned and stringently followed for the sake of the UK immigration and business laws:
Start or Buy a UK Business:
Start or get a business in the United Kingdom. It is very important that this business is genuine, fully operational, and registered with Companies House.
Apply for a Sponsor Licence:
Once the business is set up, it must apply for a sponsor licence from the Home Office. This involves demonstrating that the business is legitimate, has appropriate systems in place to monitor sponsored employees, and can fulfil all sponsorship duties.
Issue a Certificate of Sponsorship (CoS):
After obtaining the sponsor licence, the business can issue a Certificate of Sponsorship to the owner (i.e., you). This certificate is a digital document with a unique reference number, which is required for the Skilled Worker visa application.
Apply for the Skilled Worker Visa:
With the CoS, you can apply for the Skilled Worker visa. You must meet the relevant criteria, including English language proficiency, maintenance funds, and the job being at the appropriate skill and salary level.
Relocate and Operate in the UK:
Once the visa is granted, you can move to the UK, run your business, and work in the position into which you are sponsored.
It is recommended to hire an immigration lawyer in the UK during this entire process to ensure compliance with the law and for an error-free process, thus increasing chances of success.
The Criteria for Self-Sponsorship
While in terms of flexibility, self-sponsorship does provide some avenue, working independently does offer its own set of challenges. Applicants have to fulfil a number of requirements, which are laid out as follows:
Real Business: The business must be genuine, viable, and able to meet its sponsorship obligations. Shell companies or dormant companies will not be accepted.
Sponsor Licence Compliance: The business should have adequate HR systems to inform the Home Office about any changes that affect the sponsored workers.
Financial Requirements: The applicant should show evidence of sufficient funds to support him or herself and the business while meeting the minimum salary threshold for the Skilled Worker visa.
English Language Proficiency: English reading, writing, and speaking skills of the required level must be shown by applicants.
Skill Level: The sponsored role must be at the skill level as defined by the Home Office.
Why Work with an Immigration Lawyer in the UK?
Immigration to the UK is a labyrinthine system that is constantly changing. By hiring an immigration lawyer in the UK, applicants will find competent services that will keep them informed of changes in the immigration field and provide strategic insight to drive their application. Besides, an immigration lawyer is able to:
- Make an assessment of your eligibility for self-sponsorship or any other alternative visa options for the UK
- Draft a solid business plan and application
- Guide you through the process of obtaining your sponsor licence
- Maintain compliance with Home Office regulations from then on
- Act on your behalf in case of questions during the application process or any challenge to your application
Choosing the right legal partner could be the difference between a successful application and a costly refusal.
Start Moving Towards Your Dream in the UK
Now that self-sponsorship and other alternative UK visa options have made moving to the UK without employer sponsorship more viable than ever, you can use this opportunity, along with your entrepreneurial spirit, with the help of a qualified immigration lawyer in the UK. You stand to gain a lot for you and your family. If you feel ready to explore the possibilities and take the next step, contact A Y & J Solicitors for legal advice and full support on methods for all business visas. Your journey in the UK begins here.
A Y & J Solicitors is a specialist immigration law firm with extensive experience in assisting with the alternative UK visa options. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
