A Guide to Skilled Worker Self-Sponsorship for Swiss Residents

One of the pathways for Swiss citizens and other residents of Switzerland to work in the UK is through sponsored employment as a Skilled Worker. Typically, this status ties a migrant's permission to remain in the UK to their employment with a specific sponsor. However, if you are a Swiss resident who has set up or plans to establish a UK-based company, you can sponsor yourself to work in the UK. This post will guide Swiss applicants through the three stages required to self-sponsor as a Skilled Worker.

Self-Sponsorship as a Skilled Worker for Swiss Residents - Stage 1: Sponsor Licence

To self-sponsor, your UK business must first be registered with Companies House in the UK and hold a sponsor licence, which allows it to sponsor migrant workers. The business must be a genuine entity, operating lawfully within the UK. When applying for a sponsor licence, your company must provide at least four documents from Appendix A, including but not limited to:

• Evidence of employers’ liability insurance covering at least £5 million from an insurer authorised by the Financial Conduct Authority (FCA);

• Proof of registration with HMRC;

• Latest acknowledgement of a Company Tax Return;

• HMRC VAT registration certificate;

• Proof of ownership or lease of your business premises;

• Most recent annual accounts certified by a regulated accountant;

• Latest corporate or business bank statement from a bank regulated by the FCA and PRA.

Ensure that these documents are formatted according to Home Office guidelines. There may be additional documentation requirements, and you might want to consult with one of our business immigration lawyers for detailed advice.

Key Roles

Holding a sponsor licence comes with significant responsibilities. If your company fails to adhere to the rules, the licence may be downgraded, suspended, or revoked. The key personnel responsible for these duties include:

• Authorising Officer: A senior person responsible for the actions of staff and the Sponsor Management System (SMS).

• Key Contact: The primary contact point with UK Visas and Immigration (UKVI).

• Level 1 User: Handles the day-to-day management of the licence.

These roles can be held by one or multiple individuals, but the Level 1 user must be an employee or office holder of the company, be British or have settled status, and cannot be a relative or partner of the sponsored worker. There are specific suitability criteria for these roles.

Self-Sponsored Skilled Worker Visa for Swiss Residents - Stage 2: Certificate of Sponsorship

Once your company has a sponsor licence, it must apply for a Certificate of Sponsorship (CoS) to certify your employment terms. If you are already in the UK, your company needs to assign an undefined CoS, which can be requested when applying for the sponsor licence or later. If you are applying from outside the UK, a defined CoS is required, obtained through an allocation application.

When assigning a CoS, your company must select an occupation code that best matches your role and job description. Detailed information on eligible occupation codes can be found in Appendix Skilled Occupations.

UK Self-Sponsorship Visa for Residents of Switzerland - Stage 3: Skilled Worker Visa Application

With a sponsor licence and CoS in place, you can apply for a Skilled Worker Visa. To qualify, you must meet the following criteria:

• Be aged 18 or over;

• Have a valid CoS for the job you intend to do;

• Ensure the job offer is for a genuine vacancy;

• Confirm that the sponsor has paid any required Immigration Skills Charge;

• Ensure the job meets the appropriate skill level;

• Demonstrate English language proficiency to at least CEFR Level B1;

• Receive a salary that meets or exceeds the general salary threshold and the 'going rate' for your occupation;

• Have sufficient funds to support yourself without relying on public funds.

Genuine Vacancy

The Home Office must be convinced that you are filling a genuine vacancy within your company. This means you need to be qualified and capable of fulfilling the role, with supporting recruitment evidence.

Appropriate Skill Level

The job must meet or exceed a minimum skill level, as outlined in Appendix Skilled Occupations. The occupation code chosen must closely align with your job description, as any mismatch could lead to your Skilled Worker application being refused.

Appropriate Salary

You must be paid the appropriate salary for your position, typically defined as guaranteed gross pay, excluding bonuses or benefits. The current general salary threshold is £38,700 per annum. The applicable salary will depend on your specific job code and must be prorated according to the hours stated on the CoS.

FAQs for Swiss Applicants

• How long is my route to settlement? The Skilled Worker route leads to settlement in 5 years. You can stay in the UK until 14 days after the CoS end date, up to a maximum of 5 years.

• Do I have to take a salary? Yes, you must be paid in accordance with the salary requirements, or your sponsor licence could be at risk.

• What type of job can I do? As a company founder and Skilled Worker, you're likely to occupy a CEO role, though this varies by industry. Consult our immigration lawyers to identify the most suitable occupation codes for your situation.

• Can I set up a company if I am already in the UK? The answer depends on your current visa. Additional financial advice may be necessary to establish a business bank account.

• Can I also do other work outside of my company? Yes, you can undertake additional work under certain conditions, but it must align with your CoS or be on the Shortage Occupation list, and must not exceed 20 hours a week outside your normal working hours.

  
  

Contact Our Business Immigration Lawyers

For expert advice and assistance with self-sponsorship, Swiss citizens and residents can contact our immigration lawyers in Switzerland on +41 21 588 07 70 or get in touch via our contact form.