If an overseas entrepreneur would like to come to the UK to live and work, there are very few visa routes open for business people under the current UK immigration visa route.

With the recent closure of Tier 1 Entrepreneur and sole representative of overseas business visa routes, many entrepreneurs have significantly narrowed their options for relocating their business to the UK.

Any entrepreneurs wishing to live and work in the UK may have researched a number of potential routes to achieve this but may find that none truly fit well. If this describes your situation, you may have reason to consider applying for a self-sponsored visa.

Theoretically, self-sponsorship refers to making an application for your own business to sponsor yourself, as opposed to having a separate UK sponsor. However, there is no such thing as “self-sponsorship” and there is certainly not a UK self-sponsorship visa category. Instead, self-sponsorship refers to using your company to sponsor you through an existing UK visa route (the skilled worker visa). This category may have recently acquired importance for many entrepreneurs who are interested in relocating to the United Kingdom.

Even before the sole representative of an overseas business visa was active, a major shareholder could not apply for the visa. For the ‘Innovator’ visa route, applicants must do innovative business “something that’s different from anything else on the market”.

The UK self-sponsorship visa, in contrast, may be a relevant and attractive visa option for those whose requirements are not adequately met by the innovator visa options. 

What is a UK Self-Sponsorship Visa?

Technically, there is no such visa as the "UK self-sponsorship visa" or at least not by this title. References to a self-sponsorship visa in the UK that you may have encountered elsewhere refer to a process by which an overseas national may be able to come to the UK to work for their own business without the need for a separate UK sponsor in addition to the business itself.

If you are interested in establishing a new business in the United Kingdom, or if you already own a business in the United Kingdom, you may be eligible for a UK Skilled Worker visa through self-sponsorship, or by being sponsored by your own UK Company. Before you can apply for a UK Skilled Worker visa through self-sponsorship, your UK-based business must obtain a Skilled Worker sponsor licence.

In theory, any business in the United Kingdom could sponsor you under the self-sponsored visa route, provided it meets the Home Office's requirements for a sponsor licence. It is not an option, for instance, that is exclusive to enterprises in particular industries and sizes.

UK Self-Sponsorship Eligibility Requirements

To be eligible for self-sponsorship you must:

• Have a suitable and attainable business plan or you have identified a business in the UK you wish to take over.
• Have the relevant experience or qualifications required to set up or take over a business in the UK.
• Meet the English language requirements (able to speak and understand English to Level B1 on the CEFR scale, as determined by passing an approved English language test).
• Have the required resources to set up a business in the UK - whilst there are no minimum or maximum investment criteria you are required to have sufficient funds to set up a business.
• Have an Authorising Officer in your business, this person should either be a British citizen or someone who is settled in the UK.

Businesses may not obtain a sponsor license if they have:

• Unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering
• Had a sponsor licence revoked in the past 12 months

When a UK-based organisation submits an application for a sponsor licence, UK Visas and Immigration (UKVI) will review the application form and supporting documentation. UKVI may also visit the business to ensure that it is a reputable organisation capable to comply with its sponsorship duties.

UK Self-Sponsorship Application Process

Here are the 3 key steps to getting a Skilled Worker visa through Self-Sponsorship:

1. Setup a business in the UK – for this, you will need a business idea or find an existing business you can takeover
2. Apply to the Home Office for a sponsor licence for your UK business, and issue a Certificate of Sponsorship
3. Apply for a Skilled Worker visa

Generally, the visa you apply for to work in the UK is a Skilled Worker visa. Other options available to those working for an existing business based outside the UK include the Global Business Mobility route, including the Senior or Specialist Worker visa. It is important to note, however, that the Global Business Mobility route does not provide a route to settlement in the UK.

Required Documents to Apply for Self-Sponsorship

To submit your Self-Sponsorship application, you will need to provide the details of a British national (i.e. a British citizen or a person who has settled) who works for your business and can act in the role of Authorising Officer – an Authorising Officer is a senior member of staff who assumes responsibility for the actions of those who use the online Sponsorship Management System (SMS) which is used to issue Certificates of Sponsorship.

You will need to provide details of the following:

• why you require a sponsor licence
• which sector you operate in
• your company hierarchy chart detailing any owners, directors, and board members
• which eligible roles you need to fill
• HMRC VAT registration certificate
• proof of ownership or lease of your business premises
• registration with HMRC as an employer for PAYE and National Insurance, and
• employer’s liability insurance cover for at least £5m from an insurer authorised by the Financial Conduct Authority

However, you are not required to provide proof of invested funds or proof that the company is making a profit in order to provide you with a salary.

Skilled Worker Visa Requirement

In order to sponsor yourself for a UK Skilled Worker visa, you will need to satisfy UK Visas and Immigration that:

• You are aged 18 or over;
• There is an established UK company that is active and genuine;
• Your UK company has successfully applied for a Skilled Worker sponsor licence;
• Your UK company has assigned a valid Certificate of Sponsorship to you for the job you are planning to do;
• Your job offer is a genuine vacancy;
• Your job is at an appropriate skill level;
• You will be paid a salary that equals or exceeds a general salary threshold, the ‘going rate’ for the occupation, and a minimum hourly rate (if applicable);
• Your sponsor has paid any required immigration Skills Charge;
• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
• You have enough money to support yourself without relying on public funds;
• You have provided a criminal record certificate if required; and
• You have provided a valid TB certificate if required.

How long is a self-Sponsorship Skilled Worker Visa valid for?

As a director of a company, you can apply for an entry clearance of leave to remain for up to 5 years at once for a Skilled Worker visa. An extension is possible if necessary. As a director of a company, you can apply for settlement after 5 consecutive years of stay while holding a Skilled Worker visa.

Your UK business must still have a Sponsor's License approved by the Home Office at the time you apply for settlement, and you must continue to work for the company.

A Self-Sponsorship visa may be a particularly suitable option for entrepreneurs already doing business in the UK or individuals with a business background abroad. ARIS International Lawyers assists new and existing UK businesses to obtain sponsorship licences and to live and work in the UK.

Whether you require an assessment of your chances of obtaining a Skilled Worker visa through self-sponsorship, guidance on preparing a successful Skilled Worker sponsor licence application, or professional assistance with preparing and submitting an application to sponsor yourself as a Skilled Worker, please call 020 3865 6219 or leave a message.