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What do I do if I have been offered a job but do not have a sponsor in the UK?

Sometimes you can be in a tricky position of being offered a job in the UK but by a company who isn't a Tier 2 Sponsor Licence holder. In this article, we will look at the options that you may have for coming to work in the UK and for what you can do in this specific situation where you been offered a job, but the company offering the job is not actually a Tier 2 Sponsor Licence holder. We will also offer some useful alternatives for where there is no option for you to come to the UK with the Tier 2 General Visa.

So I've been offered a job by company that's not a Tier 2 Sponsor Licence holder can I come to the UK?

No, unfortunately not. The only way to come to the UK with a job offer is if the company is a Tier 2 Sponsor Licence holder and you go on to apply for a Tier 2 General Visa. There are many ways of coming to the UK on a visa, but unfortunately for work you will either need to come on one of the Tier 1 routes or get a job with a Tier 2 Sponsor Licence holder and come via the Tier 2 General Visa route.

There is of course the potential for getting the company who offered you the job to become a Tier 2 Sponsor Licence holder. Many companies will not want to do this because of the added administration work and cost, but for many companies who are looking to take on people from abroad, it is a very good option. If they do choose to become a Tier 2 Sponsor Licence holder, it gives them the ultimate flexibility to employ people from abroad and to take on the skilled staff that they need.

Can the company become a Tier 2 Sponsor Licence holder?

Yes absolutely. The company can become a Tier 2 Sponsor Licence holder. If the company regularly looks for staff from abroad, they might find it beneficial to get a Tier 2 Sponsor Licence as this it gives in them the ultimate flexibility to employ staff from wherever they choose. Of course they will need to pass the Resident Labour Market test to ensure that they could not get somebody closer to home, but for many companies it isn't an issue as they require technical skills that are sometimes not available locally.

if you wish to help the company become a Tier 2 Sponsor Licence holder, or you yourself are a company and need some help with taking on staff from abroad, please get in touch and our experienced immigration specialists can help you with the set-up of becoming a Tier 2 Sponsor Licence holder and the ongoing administration that is involved in the maintaining of the licence as required by law. Looking after a Tier 2 Sponsor Licence isn't particularly difficult as long as you have procedures in place to do so and that is where we can step in and help you to create HR systems that can benefit your business and maintain your regulatory obligations.

What about starting my own business in the UK?

Of course one of the other options is if you choose to start a business yourself in the UK. The visa route for doing this is known as the Tier 1 Entrepreneur Visa and for this you will need to have at least £200,000 (or £50,000 under certain conditions) available in seed funding to be able to start a business. On top of this seed funding, you'll need to create a business plan that will satisfy the requirements of the visa and this will need to be used as part of your application process for the visa and it will be a large consideration of your application.

For many people with a large amount of seed funding, the Tier 1 Entrepreneur Visa is an excellent option. It means that you have ultimate flexibility to start your own business with the money that you already have, but for many people the issue is going to be the amount of capital that is required and it is often a stumbling block for small businesses. The visa is an excellent option for a genuine entrepreneurial pursuit, but can be difficult for a smaller business to gain.

What if I've been a Tier 4 Student?

If you have been on a Tier 4 Student Visa you will still need to switch to a Tier 2 General Visa or one of the Tier 1 Visa routes (if you have enough money available to do so) there is no difference to switching from a Tier 4 Student Visa or starting a whole new application for a Tier 2 General Visa, the only thing you may find easier is that you'll be able to apply in person rather than having to apply from outside the country.

There is no automatic benefit for those on a Tier 4 Student Visa and of course working on a Tier 4 Student Visa is not allowed, so you will need to switch to a different route or leave the country and return to your of country of origin.

Where can I get more help?

If you get in touch with our immigration solicitors, they can help you to decide which of the UK visa routes is best suited to your needs. They have years of experience in helping clients just like you to choose which route is most suitable for them, and to help them to create applications to suit exactly what they're looking to do. So, for more information, or to get started using our services, please get in touch and we'll be more than happy to start working with you.

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Kind regards
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