The truth about the UK self-sponsorship visa
Sable International takes a look at what the so-called "self-sponsorship" UK immigration route entails and how it could be a vehicle to eventual UK citizenship for South African business owners, provided they meet a specific set of criteria.
You may have heard talk of a UK self-sponsorship visa or a UK self-employed visa that offers a quick and easy method for business owners to move to the UK by serving as their own licensed sponsor. Unfortunately, it's not as quick and easy as some immigration companies are portraying it to be.
In truth, there is no such thing as a UK self-sponsorship visa. However, this doesn't mean that such a route doesn't exist. What this route actually entails is a process where you either start a new business or expand your existing business into the UK. Once you have established a UK business presence, you will be able to apply for a sponsorship licence, and, should you qualify for a Skilled Worker visa, ultimately sponsor yourself. This visa type can lead to permanent residency and British citizenship for you and your family.
The four stages of "self-sponsorship"
Stage 1: Business expansion to the UK
The first and most important part of the process is setting up a business in the UK that will ultimately be used as your immigration vehicle. To facilitate a successful immigration process, it's important to set up your business in the correct way. This includes:
- Incorporating your business or,
- Deciding if you will open a branch or subsidiary in the UK, if you have an already established business
- Registering your company for taxes
- Setting up a UK bank account
- Register for auto-enrolment
- Creating and providing your company with a Human Resources pack. This includes employment agreements and HR policies for a code of conduct, work health and safety, privacy, leave, performance management and, complaints and grievances.
One of the most important parts of setting up your business in the UK is making sure that you appoint a UK citizen, or someone with indefinite leave to remain (ILR), to be a director. Having a UK-based director will make it far easier to open a UK bank account for your business.
Sable International's SME and Accounting division can assist with much of the logistics of setting up a business.
Step 2: Apply for a sponsor licence
Once your business is set up, your UK-based employee will be able to act as the Authorising Officer when you apply for a sponsor licence.
It's important to note that the Authorising Officer doesn't have to be a director of the company. You could also employ another UK citizen to fulfil this role. It can be any senior and competent person who holds UK citizenship or ILR and is able to take charge and make decisions on behalf of the company. They will be responsible for the actions of staff and representatives who use the Sponsor Management System (SMS).
Your UK company will be required to provide at least four documents when applying for a sponsor licence, such as:
- Most recent UK bank statement, showing funds in the account
- Employer's liability insurance
- VAT certificate
- PAYE and accounts reference number
It is advisable to also have the following:
- A functional website
- A company email address
- A business plan, if the business is in its early stages
- An organisation chart showing the current staff and vacancies
- A letter confirming various details about your company such as business details, operating hours, any vacancies you have and the salary you will pay yourself
As part of the process of applying for a sponsor licence, you must ensure that your company has the necessary HR policies and procedures in place to sponsor you as a skilled worker.
The sponsorship licence application fee for small or charitable sponsors is currently £536.
Stage 3: Issue a Certificate of Sponsorship
Sable International can act as a Level 1 user, who will be able to issue a Certificate of Sponsorship (CoS) to you. A CoS is an electronic certificate which is assigned to a migrant worker who wants to apply for a Skilled Worker visa. Because you will be applying from outside of the UK, we will issue you with a defined CoS.
You will also have to pay an Immigration Skills Charge (ISC) when you issue a CoS. Since your business will be new, it will most likely be a small business. The ISC is £364 per year per sponsored worker for smaller companies.
Stage 4: Apply for your Skilled Worker visa
Once we have issued the CoS, you can then apply for your Skilled Worker visa. You will need to fulfil the following criteria in order to apply for this visa:
- Your job must be on the eligible occupations list.
- The job must meet the minimum salary requirements – the amount will depend on the type of work you do. The minimum requirement will generally be £25,600 per year or £10.10 per hour, whichever is higher. However, if the 'going rate' for your job is higher than both of these, you'll usually need to be paid that going rate.
- You must be able to speak English at a proficient level.
- You must have an A-level qualification or equivalent.
- You must be able to show you have enough funds to support yourself initially.
Sable International can provide you with assistance throughout the entire application process.
Your partner and dependents are able to join you on this visa and you will have to pay an application and the IHS for each of them as well.
How does a UK Skilled Worker visa lead to settlement?
The Skilled Worker visa is one of the qualifying visas that leads to settlement by allowing you to live and work in the UK for five continuous years. This visa is valid for an initial period of two or three years with an extension application needed to get you a full five years. After this time, you can apply for indefinite leave to remain (ILR). After holding ILR for 12 months, you can then apply for British citizenship.
Sable International will be able to help you navigate this entire process from expanding your business to the UK, applying for your sponsor licence to applying for and renewing your Skilled Worker visa and applying for ILR and your British citizenship.
If you are interested in exploring the "self-sponsorship" route, our experienced team in the UK will be able to advise you on your options. We understand the complexity of UK immigration law and will be able to guide you through this process. Contact us on +44 (0) 20 7759 5307 or at workpermits@sableinternational.com.
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