Despite Brexit and COVID-19, the UK continues to attract skilled migrants from around the world seeking work in innovative and cutting edge businesses. We are regularly approached by prospective migrant workers who are assessing their options and determining the best immigration route to suit their needs, both in the immediate and long term. One of the questions we are often asked is whether migrant workers need to be sponsored by a company in the UK to work here, or whether there are other options available. In practice, the large majority of migrant workers do come to the UK on a sponsored basis, but there are other ways which may be possible depending on the circumstances of the individual. In this article, we will outline some of the non-sponsorship routes to allow foreign nationals to work in the UK.
Graduate Post-Study Work Visa
One of the latest visa routes to be announced is the post-study work visa for international students who have graduated with a degree (or higher) in the UK. While this will only be of benefit to foreign students currently studying at a UK university (and those who plan to come in the future), this is nevertheless an attractive option. In the recent announcement of the scheme, the Home Office stated, “The visa will allow eligible students to work, or look for work, in any career or position of their choice, for two years after completing their studies”. One of the most attractive aspects of this route is that not only do graduates not need a sponsored job, but they can also work in a role at any level – i.e. they are not limited purely to graduate-level jobs. This means that international graduates can find an entry-level role and work their way up, or simply find a temporary role while looking for a long-term graduate-level position. The new post-study work visa will open in 2021, and will first be available to those graduating in the Summer.
Innovator Visa
An option available to established overseas entrepreneurs who wish to work in the UK without securing sponsorship is to apply for an innovator visa. Innovator visas are intended for those who would like to set up and operate an innovative business in the UK. Innovative in this sense means that the business must offer a service or product that is different from anything else on the market. As a self-employed individual, you will not need to be sponsored, but you will need to have your ideas formally endorsed by an endorsing body – i.e. an organisation with expertise in the business sector in which you are interested, and can therefore confirm your business is both viable and innovative. In addition to satisfying a relevant endorsing body, you must have at least £50,000 in investment funds, meet the English language requirement, and be able to support yourself financially. You can also choose to team up with other innovator visa applicants, but you will still need £50,000 each in investment funds.
Start-Up Visa
Where the innovator visa is for established entrepreneurs from overseas who wish to work in the UK and set up an innovative business, the start-up visa is for those new to the world of business. As such, this is an attractive option for new graduates who plan to set up their own business. Given that applicants are new to business, there is no requirement to have investment funds, but they will still need to have an innovative business idea backed by an endorsing body in the UK. If successful, start-up visa holders can stay for up to two years, and then switch to the innovator visa or another visa type. The eligibility criteria for the start-up visa state that applicants must be endorsed by an authorised body that is either:
- a UK higher education institution
- a business organisation with a history of supporting UK entrepreneurs
You will need to show that you have a new idea, meaning that you cannot simply join an existing established business. The authorised endorsing body will also want to see that your business idea is viable and has real potential for growth. Beyond these requirements, you will also need to be over 18 years old, meet the English language proficiency requirement, and have at least £1,270 in savings to support yourself while in the UK (this must have been in your account for at least 28 consecutive days before you apply).
Global Talent Visa
If none of the above visas are suitable, you may be eligible to apply for the Global Talent visa. To apply under this scheme, again, you do not need to be sponsored by an employer, but you must be a leader (or potential leader) in academia/research, arts and culture, or digital technology. Like the innovator and start-up visas, you will need to be endorsed by an appropriate organisation in the UK who can confirm your leadership credentials (or leadership potential). With this visa, you can stay for up to five years initially, but this can be extended. If you are already in the UK, you can make an in-country application (i.e. you can switch to this visa) for a Global Talent visa if you are not on one of the following immigration types:
- a visit visa
- a short-term student visa
- a Parent of a Child Student visa
- a seasonal worker visa
- a domestic worker in a private household visa
- immigration bail
- you were given permission to stay outside the immigration rules, for example on compassionate grounds
Final Words
There are a number of other options which may also be suitable if you would like to work in the UK without a sponsor. One is the family visa for those with a partner or immediate family member living in the UK. Another option is the UK Ancestry visa if you are a Commonwealth citizen, or you have grandparents born in the UK. If none of these are suitable, consider speaking to an immigration Solicitor who will be able to confirm if you have any other routes to live and work in the UK other than applying for a sponsored work visa.
