UK Self Sponsorship: route to ILR – Guest Post

Want a UK self sponsorship! Whether they are small or large, businesses always want to grow. Selling your goods or services abroad enables businesses to expand into new markets abroad, boost sales and profits, establish their brands, and lower the danger of being confined to only one market in the event of economic slowdowns.

There aren’t many choices available to businesses looking to expand into international markets like the UK. A large number of smaller company owners are barred from entering the UK due to restrictions on the main visa channels.

Self-Sponsorship: What Is It?

Self-Sponsorship is the term used to describe an application to move to the UK and work for your own company without the necessity for a UK Sponsor. For you and your family, this may result in citizenship in the United Kingdom and permanent residency.

How can we apply for ILR through the self-sponsorship route?

Self-Sponsorship Application process

• Register your UK firm and submit an application for a Sponsor License.

Your UK firm can be registered with the aid of a licenced UK accountant. You must first designate a UK-based Director if you do not reside in the UK. This can take around six to eight weeks.

How to submit a Sponsor Licence Application? 

Four out of the following papers, at the very least, must be submitted by your UK business:

• Most recent UK bank statement demonstrating the presence of money (the amount required will depend on the type of business you are planning to run)
• Employer’s Liability Insurance
• VAT certificate
• PAYE and Accounts Reference Number

It is suggested that the UK business have the following:

• A working website (if applicable)
• Business’s email address
• If the company is new, a business strategy is necessary.
• An organisational chart that displays the employees and open positions.
• A letter verifying certain information about your business, such as your contact information, Business hours, open positions, and your own income.

• Create and deliver a human resources package to your UK business.

You must make sure that your firm has the required policies and processes in place to sponsor you as a skilled worker as part of the process of applying for a sponsor licence. This can take approximately two days’ time.

• Get a Certificate of Sponsorship and a Skilled Worker Visa.

You’ll need a Defined Certificate of Sponsorship after your UK firm’s Sponsor licence has been approved. This can take around four to twelve weeks. After that, you’ll be employed by your own business as a skilled worker in the UK.

ILR via skilled worker visa

If you have a visa for a skilled worker, you could be eligible to remain in the UK permanently. You settle in the UK by obtaining indefinite leave to reside. It is also known as “settlement.” It grants you the freedom to stay in this country as long as you wish, work here, study here, and, if you qualify, ask for benefits.

The conditions for holders of a skilled worker visa to apply for ILR are outlined here:

Eligibility Requirements

Conditions for eligibility include:

• There are restrictions on what counts as your time spent in the UK after five years of residence and employment there.
• Satisfy the pay criteria while they are still necessary for your employment and continue to do so after receiving an indefinite leave of absence – To verify this, you’ll need a letter from your company (the sponsor).
• Demonstrating proficiency in the English language and in UK culture (as described in Appendix KOL), and
• Earning at least the ILR salary threshold (as set out under Appendix Skilled Worker).

Standards for suitability and validity, i.e. adhering to ILR application and process standards also must be met.

When can you apply for ILR through a skilled worker visa?

The earliest you may apply is 28 days before you’ve had a qualifying visa and stayed in the UK for 5 years. Do not wait till the expiration of your present visa. You must first renew your visa if it expires before you may submit an application for indefinite permission to remain.

ILR validity conditions

The application must satisfy each of the following validity conditions in order to properly transition from Skilled Worker to ILR status:

• All charge has to be paid.
• The candidate must have supplied any biometric data.
• To prove their identity and nationality, the applicant must have presented a current passport or other kinds of travel documentation, and
• Additionally, the applicant must be present in the UK on the application date.

Any application that does not adhere to these guidelines will be deemed void for settlement as a skilled worker. This implies that the application could be turned down and ignored.

The suitability requirements

Additionally, an application may still be rejected even though all validity and eligibility standards have been satisfied if the applicant is deemed unsuitable for ILR. This may be due to:

• In their application, the applicant provided inaccurate or erroneous information.
• The candidate either has a criminal history in the UK or another nation.
• The applicant has violated UK immigration laws, such as having overstayed their visa.

These are referred to as general reasons for rejection. However, due to the length and complexity of these regulations, it is usually advisable to consult a lawyer before submitting an application. Prior to applying, it is advisable to get advice on any other potential problems, such as whether applicants have already reached or are on the verge of exceeding the maximum number of permitted absences and what supporting documents should be offered.

ILR continuous residency requirements

The applicant will need to demonstrate that they have resided continuously in the UK for a total of five years under any appropriate route in order to change their status from skilled worker to ILR. The additional restrictions regarding how continuous residence can be interrupted, how any absences outside the UK are computed, and what absences won’t be reported are outlined in Appendix Continuous Residence.

The maximum amount of time a candidate can be away from the UK while still maintaining continuous residence is normally 180 days in any 12-month period when applying for ILR as a Skilled Worker. Whether the applicant’s visa was issued before or following the 11 January 2018 date when the calculation rules changed will determine how this is computed.

Unless they can demonstrate that any absences fall under one of the listed exceptions, an applicant’s term of continuous residence will often be broken if they have been away from the UK for more than 180 days. These exemptions include situations where the COVID-19 epidemic has caused travel delays or when there are compelling and compassionate personal circumstances, like a life-threatening sickness or the passing of a close relative.

The need for continuous residency can also be breached in other ways, such as when the applicant is imprisoned or when they are in the UK without authorization.

What is the best way for A Y & J Solicitors to help with self-sponsorship?

We can:

• Introduce you to strategic partners that can assist you in achieving your goal, including but not limited to a web designer, an accountant, and a sales/marketing consultant.
• Prepare your company’s business plan
• Prove you with information on how to create a business bank account
• Prepare your application for a corporate sponsor licence and provide advice.
• Prep your authorising officer
• Make your Skilled Worker Application and submit it.
• Provide you with full assistance throughout your UK immigration procedure.

Feel free to reach out to us for assistance.