If a UK employer wants to employ a skilled worker from outside the UK then they will need to be sponsored (usually under the Tier 2 Skilled Worker visa category). To do this the UK employer will need to submit a valid Sponsor Licence Application. What Is A Sponsor Licence A UK Sponsor Licence is permission granted by the Home Office for a UK business to employ workers from outside the UK, usually under the UK Skilled Worker visa category, although this does also provide the ability to Sponsor Senior or Specialist Workers currently working for a linked overseas Company in the Global Mobility Visa category. These categories must be selected when applying or can be added at a later date. In order to submit a valid Sponsor Licence application the employer must be able to demonstrate that they: are a genuine organisation trading legally in the UK; have suitable HR and recruitment systems and practices in place that enable them to carry out their Sponsor Licence Duties and Responsibilities; are offering genuine employment that meets the current requirements for sponsoring workers, including paying a suitable rate of pay for the role, subject to minimum salary requirements; have appointment key personnel that are UK-based and of good character. How To Apply For A Sponsor Licence In order to submit a valid Sponsor Licence application you will need to provide documents to UKVI (UK Visas & Immigration, commonly referred to as the Home Office) to evidence that you are a UK employer that is trading legally in the UK. The type of documents required will depend on the type of organisation and the Tiers within the Points Based System within which you wish to Sponsor workers (usually Tier 2 but also Tier 5 for some organisations). What If The Individual Is Already In The UK With A Tier 2 Skilled Worker Visa? The employer will still need to have a Sponsor Licence and a new Certificate of Sponsorship (CoS) will need to be obtained and assigned to the worker to enable an application for a new UK Skilled Worker Visa to be submitted. What Happens If My Sponsor Licence Application Is Rejected You might be able to appeal if you feel that the Home Office have incorrectly rejected your Sponsor Licence Application. If your Sponsor Licence Application is rejected then the Home Office will not permit you to submit a new application until 6 months have passed since your Sponsor Licence Application was rejected. It is therefore vital that you get this right the first time. How Our UK Immigration Lawyers Can Help You We have extensive experience in this area and manage Sponsor Licences for a wide variety of organisations, from start-ups, to multi-billion dollar multi-national corporations, including some well-known global brands. Whether you are at the early stages of trying to decide if a Sponsor Licence is right for your organisation, looking for a fresh approach to manage your existing Sponsor Licence or even under threat of having your Sponsor Licence revoked and require urgent assistance, we have the experience and expertise to help you, so get in touch to find out how we can help.
A Sponsor Licence was previously granted for a period of four years but no longer requires renewal and is usually granted for an indefinite period. The following guidance is provided for historical purposes and for those who may still need to renew. Toward the end of the validity period you must apply to renew your Sponsor Licence for a further period of 4 years if you want to retain the ability to Sponsor new workers. It is mandatory that you have a valid Sponsor Licence in order to continue employing Sponsored workers in the Skilled Worker Visa and Global Mobility: Senior or Specialist Workers Visa , along with other categories. Sponsor Licence Renewal Requirements Submission of a Sponsor Licence Renewal application can be rather straightforward. Of greater importance is ensuring that you are compliant with your Sponsor Duties & Obligations throughout the period of your Sponsor Licence as a Renewal application can potentially trigger an audit or additional documents can be requested. The key to a successful Sponsor Licence Renewal is having the required systems and processes in place and ensuring that you have managed your Sponsor Licence correctly. This can include ensuring that your Sponsor Licence always reflects your correct business details, both in terms of the business name and address but also the organisation size, having a valid Authorising Officer at all times, maintaining suitable records and a multitude of other requirements. Our Sponsor Licence Renewal Service This goes far beyond simply submitting the Sponsor Licence Renewal application. It is an ideal opportunity to check that your business is in a strong position to satisfy a Home Office audit, with key visa dates logged, actions and processes in place, suitable supporting documents for staff, updates having been logged where required… essentially, all Sponsor Duties & Obligations fulfilled and suitably evidenced. Our service lasts for the life of the Sponsor Licence Renewal, with annual allocation requests submitted, basic duties taken care of and guidance provided where required, along with updates as requirements change.
Before a worker can apply for a Tier 2 Skilled Worker visa the employer needs to assign a Certificate of Sponsorship (CoS) to that worker. Certificates of Sponsorship are virtual documents and identified by a unique reference number. Unrestricted Certificate of Sponsorship This is generally for applications submitted within the UK, such as Tier 2 Skilled Worker visa Extensions, change of employer applications and switching from permitted categories such as Tier 4 Student Visas to the Skilled Worker visa category. Each year the Sponsor can request their annual allocation for the number of Unrestricted Certificates of Sponsorship that they anticipate needing for the year ahead (usually for extensions). If a new employee needs to be sponsored in the UK then the Sponsor can request a CoS allocation through their Sponsor Management System. Restricted Certificate of Sponsorship A Restricted Certificate of Sponsorship is required for those who are outside the UK and will need to apply for entry clearance as a Tier 2 Skilled Worker visa migrant. An Unrestricted Certificate of Sponsorship (CoS) can be used in specific circumstances such as where the salary is at least £159,600 per annum. Obtaining A Certificate Of Sponsorship Allocation Firstly, the employer needs to have been granted a Sponsor Licence. Each year the Sponsor can request the number of Unrestricted CoS that are anticipated for the year ahead. This annual allocation request will generally be used for known Tier 2 General Extension applications. At any time the Sponsor can request an increase in their current allocation. Where an Unrestricted Certificate of Sponsorship is required then the Sponsor must submit the request, with detailed information about the requirement, on or before the 5th of each month. Decisions are provided by the Home Office on or around the 12th of the same month. For example, a request submitted on 20 November would be decided on or around 12 December. Assigning A Certificate of Sponsorship The Sponsor will assign the Certificate of Sponsorship to the worker and needs to ensure that the details are entered correctly and that they have chosen the correct type of CoS and that the role, salary and duties and responsibilities are compliant with current Home Office requirements. Assigning a Certificate of Sponsorship attracts two fees, payable together: CoS Assignment Fee: £525 Immigration Skills Charge: £1,440 for a small organisation or charity or £3,960 for medium or large organisations (based on the standard 3-year initial period of Sponsorship) You will not pay the Immigration Skills Charge if the worker you’re sponsoring: has a Tier 4 (Student) visa and is switching to a Tier 2 Skilled Worker visa; is being sponsored in the Global Business Mobility Senior or Specialist Worker route; will do a job in certain Shortage Occupation List (SOL) codes, generally in STEM areas of work. How Our UK Immigration Lawyers Can Help We have extensive experience and expertise in Sponsorship and have been helping organisations bring skilled workers to the UK for more than 20 years. We pride ourselves on providing a friendly service, having a keen eye for the details necessary to achieve consistent success in this area of law and meeting the highest standards of professional expertise and integrity. Get in touch to find out how we can help you.
Sponsor Licence – Duties & Obligations Once your Company has a Sponsor Licence there are a number of Sponsor Licence Duties and Obligations that you must follow. If you fail to meet your Sponsor Duties and Obligations then you could face a fine and have your Sponsor Licence downgraded to a B-Rating, which prevents you from sponsoring any new migrant workers until you have your A-Rating reinstated. Right To Work Checks All employers, including those who do not hold a Sponsor Licence, are required to undertake Right To Work Checks to ensure that employees have the legal right to work in the UK. Employers must be able to suitably evidence that all employees have the legal right to work in the UK. Suitable evidence would usually include: a copy of the biometrics page of the employee’s passport. For British Citizens this is sufficient evidence of their right to work. for non-UK Citizens the employer should obtain a share code from the employee and then use this to generate a Right to Work Check document. The document contains instructions to follow and this should be completed and retained on file. Some workers might have a visa in their passport (particularly for those holding ILR issued some years ago). if that employee has submitted a new application before their current visa has expired then the employer can submit a Status Verification Check using the Employer Checking Service and the Home Office will provide the employer with a document confirming the employee’s right to work. This should be repeated every six months. for EU Citizens, the employer should access the employee’s status in the EU Settlement Scheme website and retain a copy on file. Again, a share code can be provided to the employer so that they can check the worker’s status. Sponsor Licence Duties & Obligations Employers who hold a Sponsor Licence and have sponsored a worker, usually under the UK Skilled Worker visa category, the following duties and obligations must be followed: report any changes to the employee’s work conditions to the Home Office. Typical changes might be to the job title, salary, working hours or location. Any changes made must be within the same SOL (Shortage Occupation List) code – if the new role falls within a different SOL code then a new CoS must be obtained and assigned and a new Tier 2 Skilled Worker visa application must be submitted. report unauthorised absences. retain documents that were used to support the CoS (Certificate of Sponsorship), such as advertisements and CVs of applicants where a Resident Labour Market test was required. retain evidence of the applicant’s residential address. This can be a bill or rental agreement and new evidence should be obtained on a regular basis (every 4 to 6 months) even if the Sponsored Worker has not changed their residential address. These are a basic summary of the Sponsor Licence Duties and Obligations. If you need further information or support then please get in touch. We have significant experience in this area and represent and manage the Sponsor Licence for a wide range of Corporate Clients, from start-ups to multi-billion dollar multi-nationals. What Happens if a Sponsor’s Duties and Obligations Are Not Met? Where a Sponsor fails to meet their Duties and Obligations or cannot evidence that they have undertaken their Right to Work Checks then the Home Office can downgrade the Sponsor Licence from an A-Rating to a B-Rating, issue a fine and instigate an Action Plan. It can take many months to get the A-Rating reinstated and during that time the Sponsor will be unable to Sponsor any new workers. For serious breaches of Sponsor Licence Duties and Obligations the Home Office can revoke the Sponsor Licence and the Sponsor will lose the ability to continue employing any current Sponsored migrant workers.
What is the Skilled Worker Visa The UK Skilled Worker Visa is for non-UK skilled workers who have a suitable offer of employment from a UK business that holds a valid Sponsor Licence . The employer must provide a valid Certificate of Sponsorship and the employee can then apply for their Skilled Worker Visa. From 01 January 2021 this visa replaced the previous Tier 2 General Visa . A Skilled Worker Visa is granted for an initial period of up to five years, although more usually for three years. The visa can be extended but is only valid while you are working for the Sponsoring employer that issued the Certificate of Sponsorship. This category of work visa can lead to Settlement, known as Indefinite Leave to Remain (ILR) , after reaching a qualifying period of residency and meeting other requirements. UK Skilled Worker Visa Application Requirements Your employer must have issued you with a Certificate of Sponsorship (CoS) and you must submit an application using the CoS within 3 months of it being assigned to you. The employer must ensure that the role you are being sponsored for and the salary you will be paid meet Home Office requirements. For new applicants the salary will usually be not less than £41,700 per year, based on 37.5 paid hours of work per week. Lower rates of pay are available for certain jobs or for new entrants to the labour market (for example, switching from a Student Visa or a Graduate Visa or being under the age of 26), although the new entrant rate would often limit the initial period of sponsorship (no more than four years of permission when combining a Graduate Visa with a Skilled Worker Visa if using the lower New Entrant rate of pay). For those already in the UK that are extending an existing Skilled Worker Visa or moving from a current employer to a new Sponsor, there can be different salary requirements, depending on when they got their first Skilled Worker Visa. You will need to evidence your English language ability, either by your Nationality, having a degree taught in English or passing a suitable English language test to Level B2 for new applicants. If you already have a Skilled Worker Visa then you do not need to evidence your English language ability again when you extend your visa or move to a different Sponsor. In many countries you and any dependants will need to take a TB (tuberculosis) Test . You will also need to show that you have sufficient funds available to support yourself and any Dependants (the Maintenance Requirement). This requirement can be certified by your employer. Certain occupations will have additional requirements, such as a criminal record certificate (usually for healthcare roles, education, etc). Most applicants will have to pay the Immigration Health Surcharge, although there are some exemptions. You can only use your Certificate of Sponsorship once . If you make a mistake with your application then you cannot apply again with the same CoS and you will have to ask your employer to obtain and assign a new CoS for you. UK Skilled Worker Visa Conditions You can: work for your sponsor in the job described in your certificate of sponsorship do a second job in certain circumstances (up to 20 hours per week outside your sponsored hours of work without needing to notify the Home Office) do voluntary work study as long as it does not interfere with the job you’re sponsored for travel abroad and return to the UK bring family members with you (some specific categories and roles do not permit dependants) You cannot: own more than 10% of your sponsor’s shares (unless you earn more than £159,600 a year) get public funds apply for a second job until you’ve started working for your sponsor Do I Have To Apply From Outside The UK? You can usually apply from within the UK if you are here with a visa that was granted for more than six months. There are exceptions to this and you cannot switch within the UK from a visitor visa status. If you hold a Tier 4 Student Visa then you should ideally have successfully completed your studies or be within 3 months of completing your course. Skilled Worker Visa Application Process Once you have a valid Certificate of Sponsorship you can apply for your Skilled Worker Visa. You will need to complete an online form and confirm your identity. For some nationalities and for those applying in the UK you will create a UKVI account or use an existing UKVI account and confirm your identity using an online app. Some countries will still require you to attend an appointment to have your biometrics taken after submission of the online application and this can also be necessary within the UK if you are unable to submit biometrics using the app. Once you have submitted the online application form you will be able to book a biometrics appointment if required and also upload supporting documents. Once your visa has been approved you will be given an eVisa, which you will access through your UKVI online account. Your eVisa is connected to your UKVI account and thus your visa status is associated with the ID documents that you have added to your UKVI account. Where we have taken an applicant through the application process we will provide full guidance with regard to the above and also some guidance to follow going forward so that you are fully prepared for future applications, with a clear plan to take you through ILR and on to British Citizenship. Change of Employment on a Skilled Worker Visa You will need a new Certificate of Sponsorship and then a new application will need to be submitted for a new Skilled Worker Visa if: You move from your current employer to a new Sponsor. Your job title changes to a job title that is in a different occupation code to the one for which your Skilled Worker Visa was granted. Dependant Visas for Family Members of Skilled Worker Visa holders Your immediate family members can usually join you in the UK by obtaining Dependant Visas, usually applied for at the same time as you apply for your Skilled Worker Visa. There are some exceptions to this. Suitable family members would usually include your partner (husband, wife or unmarried partner) and children under 18 years of age at the time of application. You can only bring children to the UK if both parents are coming to the UK or are already in the UK OR if the parent bringing the child has sole custody awarded by a Court. If your family members are already in the UK with you and you change employer then their existing Dependant Visas will remain valid to their existing expiry dates and so they do not have to apply for extensions if they have valid leave to remain on their visas. When they extend their visas then they will be granted to the same expiry date that you have. Can family members with Dependant Visas work in the UK? Yes, they can work for any employer in any capacity. ILR for Skilled Worker Visa holders – Indefinite Leave to Remain When you have completed 5 years working in the UK within the Skilled Worker Visa category you should be able to qualify for Indefinite Leave to Remain . This will require you to meet a Residence Requirement (usually no more than 180 days outside the UK during any continuous 12-month period during the 5-year qualifying period). Indefinite Leave to Remain for family members of a Skilled Worker Visa holder Your family members will also qualify once they have been in the UK for 5 years with you. If you qualify for ILR before your dependants then they can extend as PBS Dependants until such time as they reach the 5-year residency period required for Settlement. If you have children that are born in the UK then they apply directly for Naturalisation as a British Citizen without having to obtain ILR first if at least one parent has ILR at the time of their application. This can save a significant amount of money.
Health and Care Worker Visa The Health and Care Worker Visa is for non-UK skilled workers who have a suitable offer of employment from a UK business that holds a valid Sponsor Licence in the healthcare sector. Health and Care Worker Visa Application Requirements Your employer must have issued you with a Certificate of Sponsorship (CoS) and you must submit an application using the CoS within 3 months of it being assigned to you. The employer must ensure that the role you are being sponsored for and the salary you will be paid meet Home Office requirements. The Health and Care Worker Visa is primarily for qualified doctors, nurses, health professionals and social care professionals who will be working for a UK health and care sector employer that has been approved by the Home Office and issued with a Sponsor Licence. This will usually be the NHS, an organisation providing medical services to the NHS or an organisation providing adult social care. Suitable jobs for the Health and Care Worker Visa include: health services and public health managers and directors residential, day and domiciliary care managers and proprietors biological scientists and biochemists physical scientists medical practitioners psychologists pharmacists ophthalmic opticians dental practitioners medical radiographers podiatrists health professionals that are ‘not elsewhere classified’, such as audiologists and occupational health advisers physiotherapists occupational therapists speech and language therapists therapy professionals that are ‘not elsewhere classified’, such as osteopaths and psychotherapists nurses midwives social workers laboratory technicians paramedics dispensing opticians pharmaceutical technicians medical and dental technicians health associate professionals not elsewhere classified nursing auxiliaries and assistants dental nurses care workers and home carers senior care workers You will need to evidence your English language ability, either by your Nationality, having a degree taught in English or passing a suitable English language test. In many countries you and any dependants will need to take a TB (tuberculosis) Test. You will also need to show that you have sufficient funds available to support yourself and any Dependants (the Maintenance Requirement). This requirement can be certified by your employer. Certain occupations will have additional requirements, such as a criminal record certificate. Most applicants will not have to pay the Immigration Health Surcharge. You can only use your Certificate of Sponsorship once . If you make a mistake with your application then you cannot apply again with the same CoS and you will have to ask your employer to obtain and assign a new CoS for you. Health and Care Worker Visa Conditions You can: work for your sponsor in the job described in your certificate of sponsorship do a second job in certain circumstances do voluntary work study as long as it does not interfere with the job you’re sponsored for travel abroad and return to the UK bring family members with you You cannot: own more than 10% of your sponsor’s shares (unless you earn more than £159,600 a year) get public funds apply for a second job until you’ve started working for your sponsor If you want to work for a different employer then they must provide you with a valid Certificate of Sponsorship you must apply for a new visa from within the UK. Your Dependants do not have to apply while they hold valid Dependant Visas. Do I Have To Apply From Outside The UK? You must apply from outside the UK unless you are already in the UK with a valid visa that was granted for more than six months (you cannot switch within the UK from a visitor visa). If you hold a Tier 4 Student Visa then you should ideally have successfully completed your studies or be within 3 months of completing your course. ILR for Skilled Workers – Indefinite Leave to Remain When you have completed 5 years working in the UK within the Tier 2 General and/or Skilled Worker visa categories (the Health and Care Worker visa is in the Skilled Worker Visa category) you should be able to qualify for Indefinite Leave to Remain. Your family members will also qualify once they have been in the UK for 5 years with you. If you qualify for ILR before your dependants then they can extend as Tier 2 Dependants ( PBS Dependants ) until such time as they reach the 5-year residency period required for Settlement. If you have children that are born in the UK then they can apply directly for Naturalisation as a British Citizen without having to obtain ILR first if at least one parent has ILR at the time of their application. This can save a significant amount of money.
Senior or Specialist Workers (Global Business Mobility) The Global Business Mobility visa is used by multi-national organisations to send a non-UK employee to the UK branch of their organisation on a temporary basis. This replaces the previous Tier 2 Intra-Company Transfer (ICT) visa , but retains many of the same requirements. Global Business Mobility Visa Requirements The employee must be a Senior or Specialist Worker and have worked for your organisation for at least 12 months in most cases. The overseas transferring organisation must be linked on your Sponsor Licence and you must have the Global Business Mobility Senior or Specialist Worker category available to you. There are also other conditions and restrictions, but the key restriction and the reason that this category is rarely recommend is that the Global Business Mobility visa cannot lead to Settlement. This means that after a maximum period of 5 years and 14 days (9 years if on a very high salary) in the UK your employee and their family members must leave the UK and they cannot return for at least 12 months. This can be quite disruptive to the business and to the individuals. There are circumstances where the Global Business Mobility category is appropriate but the potential disadvantages far outweigh the minor advantages (primarily a slightly lower cost in return for not being able to keep the worker in the UK beyond a certain period of time).
Tier 1 Global Talent Visa The Tier 1 Global Talent Visa is for leaders (exceptional talent), or potential leaders (exceptional promise), in the fields of science, medicine, engineering, humanities, arts and culture (including film and television, fashion design and architecture), and digital technology (including financial technology, gaming, cyber security and artificial intelligence). The UK Global Talent visa replaces the previous Tier 1 (Exceptional Talent) category and allows the holder to work in the UK in any capacity. UK Global Talent Visa Endorsement Before you can apply for the Global Talent Visa you need to have received an endorsement as a leader, or potential leader, in your field from one of the approved endorsing bodies, these being: The Royal Society – for natural and medical science applications The Royal Academy of Engineering – for engineering applications The British Academy – for humanities and social science applications Arts Council England – for arts, culture, fashion, architecture, film and television applications Tech Nation – for digital technology applications UK Research and Innovation (UKRI) – for science and research applications You may be eligible to apply without obtaining an endorsement if you have any of the following: a job offer as a senior academic or researcher, for example as a professor or reader at a university an individual fellowship a research grant that is approved by UK Research and Innovation (UKRI) If you do not, you can apply by having your application peer reviewed. You do not need a job offer, but your application will take longer. Each endorsing body has it’s own criteria and will require significant evidence to support your application for endorsement as a person of Exceptional Talent or Exceptional Promise before you can then submit your application for a Tier 1 Global Talent Visa. What About My Family Members Your dependant family members (usually a partner and children under 18 years of age) can join you as dependants. Can I Submit A Tier 1 Global Talent Visa Application In The UK You can only apply from within the UK if you currently hold visas in the following categories: Tier 1 Tier 2 ( Skilled Worker Visa ) Tier 5 (Temporary worker – Government Authorised Exchange) on an exchange scheme for sponsored researchers a Start-up visa an Innovator visa ILR for Global Talent Visa Holders Those who are endorsed as being leaders in their field (Exceptional Talent) can potentially apply for Indefinite Leave to Remain (ILR) after 3 years in the UK. Those who are endorsed as potential leaders (Exceptional Promise) should qualify for ILR after 5 years in the UK. Can I Apply for the Tier 1 Global Talent Visa On My Own Yes, you can apply without assistance for any visa. If you choose to engage us to assist then you will benefit from our extensive experience and expertise in successfully obtaining visas for those with exceptional talent. Get in touch to find out how we can help you.
Tier 1 General Highly Skilled Migrant Visa The Tier 1 General Highly Skilled Migrant Visa category is currently closely. We remain hopeful that this popular visa category will re-open in 2021 and we will update this page if this happens. The Tier 1 General Visa allowed highly skilled migrants to come to the UK and work without needing to first find a UK employer to sponsor them. Successful applicants could work for any employer, establish their own business or work as a contractor. Any migrants who already held Tier 1 General visas should have already qualified for Indefinite Leave to Remain, either based on 5 years working in the UK or 10 years Long Residence. Points were awarded for age, education and the income previously earned. If there are any updates regarding the Tier 1 General visa we will update this page and announce such changes on our news page.
UK Ancestry Visa Commonwealth Citizens who have at least one grandparent who was born in the UK can qualify for the UK Ancestry Visa. The Ancestry Visa provides the right to live and work in the UK for a period of up to five years. This visa can lead to Settlement ( Indefinite Leave to Remain ) and, thereafter, British Citizenship . Who Can Apply You can apply for a UK Ancestry Visa if you: are a Citizen of a Commonwealth Country ; are at least 17 years of age at the time of application; are applying from outside the UK; can prove that at least one of your grandparents was born in the UK; are able to and intend to work in the UK. can support yourself financially without recourse to public funds. Family Members You can bring your spouse, partner and/or your dependant children with you. They will have permission to remain in the UK for the same time that you can remain in the UK and there are usually no restrictions placed on their ability to work in the UK. Settlement – Indefinite Leave to Remain Once you have completed 5 years in the UK you may be able to apply for Indefinite Leave to Remain . You will need to meet the usual requirements, including meeting the residency requirements. British Citizenship Once you have held ILR status for at least 12 months you should be able to apply for British Citizenship by Naturalisation if you meet the qualifying requirements.
Sole Representative of an Overseas Business Visa The Sole Representative of an Overseas Business Visa is for non-UK Companies who wish to send a senior member of staff to the UK to establish and develop a UK branch or wholly-owned subsidiary of their business. This visa leads to Settlement and after 5 years working in the UK with the Sole Representative Visa category you should be able to qualify for Indefinite Leave to Remain (ILR). Sole Representative Visa Requirements If you are coming to the UK as a Sole Representative you must: be recruited and employed outside the UK by an active and trading business (whose headquarters and principal place of business are, and will remain, outside the UK); have the skills, experience and knowledge to do the role; hold a senior position within the business (but do not own or control the majority of it) and have full authority to make decisions on its behalf; intend to establish the overseas business’s first commercial presence in the UK, either as a registered branch or a wholly owned subsidiary. You may also be eligible if the business has a legal entity in the UK that does not employ staff or do any business. If your employer has been working to establish a UK branch or subsidiary, but it is not yet set up, you can replace a previous sole representative. Sole Representative of an Overseas Business Visa Application When applying as a sole representative of an overseas business you’ll need to evidence that the overseas business: is an actively trading Company; intends to establish a wholly owned subsidiary or register a branch in the UK in the same business activity as it runs overseas; intends to maintain it’s centre of operations outside the UK. You will also need to evidence that you: are directly employed by the business in a senior role; were recruited to the business outside of the UK; have the skills, knowledge and experience of the overseas business necessary to establish a UK presence of that business; will have the authority to negotiate and make operational decisions on its behalf and set up and run a registered branch or wholly owned subsidiary in the UK; will be working full time for the business or subsidiary for the duration of your stay and will not engage in any other work; do not own or control a majority of the overseas business; can meet the English language requirement. Sole Representative Visa Conditions This visa allows you to: work for your employer, full time; bring your family (‘dependants’) with you to the UK; apply to extend your visa; apply to settle in the UK after you’ve been here for 5 years. You are not permitted to: work for yourself or any other business; stay in the UK if the sole representative arrangement is ended by your employer; switch to this visa from any other visa category; get public funds. How We Can Help These applications can be very complex and require a structured approach based on detailed knowledge of the relevant rules and significant experience to ensure the best possible chance of success. Sole Representative Visa applications are being very closely looked at by the Home Office and so it is more important than ever to get it right.
UK Start Up Visa The UK Start Up Visa is for new entrepreneurs who wish to start a new and innovative business in the UK. You do not need to have any investment income in order to apply for this visa but you do need your business idea to have been endorsed by an authorised endorsing body. UK Start Up Visa Application Requirements Your business idea must be endorsed by an authorised endorsing body. To receive endorsement your business idea must be: New – you cannot invest into an existing business that is already trading; Innovative – your idea must be original and different from anything else that is currently on the market; Viable – you should have relevant knowledge, skills and experience for the type of business you wish to establish; Scaleable – the business should have significant potential for growth and job creation. You will also need to meet the English Language requirement. Although you do not need to have any investment funds available, many endorsing bodies will require you to demonstrate sufficient investment funds to support the business being developed. UK Start Up Visa Conditions The UK Start Up Visa allows you to: set up a business or several businesses; work for your business – this includes being employed as a director, or self-employed as a member of a business partnership; bring family members with you. You are not permitted to: get public funds; work as a doctor or dentist in training; work as a professional sportsperson, for example a sports coach; settle in the UK on this visa. Can I Apply for the UK Start Up Visa in the UK? You can switch to the UK Start Up Visa within the UK from the Tier 1 Graduate Entrepreneur visa, Tier 2 General, UK Skilled Worker Visa or Tier 2 ICT ( Global Mobility: Senior or Specialist Worker , Tier 4 General Student visa or Prospective Entrepreneur. How Can We Help The first stage that we take you through is for one of our experienced UK immigration lawyers to discuss your business idea with you and determine if we feel that there is merit in taking this forward to an authorised endorsing body. This is done on a Consultancy basis and if this looks promising then we will be happy to assist you with progressing your application for endorsement.
UK Innovator Visa The Innovator Visa allows non-UK Citizens to set up an innovative new business with an investment of at least £50,000 of their own money. UK Innovator Visa Application Requirements There are some significant requirements that must be met in order to qualify for this visa. Your business idea must be endorsed by an authorised endorsing body. To receive endorsement your business idea must be: New – you cannot invest into an existing business that is already trading; Innovative – your idea must be original and different from anything else that is currently on the market; Viable – you should have relevant knowledge, skills and experience for the type of business you wish to establish; Scaleable – the business should have significant potential for growth and job creation. You will also need to show that you have at least £50,000 available to invest in your business idea and you must show that you can meet a Maintenance Requirement to show that you can afford to support yourself without using your investment funds. You will also need to meet the English Language requirement. UK Innovator Visa Conditions The UK Innovator Visa allows you to: set up a business or several businesses; work for your business – this includes being employed as a director, or self-employed as a member of a business partnership; bring family members with you. You are not permitted to: do any work outside your business, for example work where you’re employed by another business; work as a doctor or dentist in training; work as a professional sportsperson, for example a sports coach; access public funds. UK Innovator Visa Extension Application Your initial Innovator Visa will be granted for a period of 3 years and can be extended for further periods of 3 years if you meet the requirements for extension. The primary requirement for extension is that the endorsing body still endorse your business idea. You will need to have stayed in contact with your endorsing body on a regular basis and have demonstrated that you are working on your business and that progress is being made. ILR for UK Innovator Visa Holders There are significant requirements that must be met in order to qualify for Indefinite Leave to Remain after at least 5 years in the UK with Innovator Visas: You must be registered as a Director or Member of the business and have been actively involved in the business; and The endorsing body is satisfied that you have made significant progress and achievements with your business; and You have not spent more than 180 days outside the UK during any 12-month period during the 3 years prior to application; You can satisfy the English Language requirement. In addition to the above, you must meet at least two of the following criteria: At least £50,000 has been invested into the business and used to develop the business; The business has created at least 5 full-time jobs for resident workers, with an average salary of at least £25,000 per annum; The business has created the equivalent of at least 10 full-time jobs for resident workers (no minimum average salary requirement); The number of customers has at least doubled within the most recent 3 years and is currently higher than the mean number of customers for other UK businesses offering comparable products or services; The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK; The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts; The business has generated a minimum annual gross revenue of £500,000 in the last full year covered by its accounts, with at least £100,000 from exporting overseas. How We Can Help These applications can be exceptionally complex and professional assistance at all stages is highly recommended. If you would like assistance then please get in touch to discuss this in more detail. Our first step would be a Consultancy service to assess your business idea and determine whether we believe there is merit in pursuing endorsement.
