Can I Be Self Employed as an Immigrant to the UK?
Self employment is always complicated. Being self-employed as an immigrant is even more so.
In the UK there is no self employed visa but that doesn’t mean it’s impossible to run your own small business. In fact, the UK has a rich history of immigrants coming to study and work in the UK before establishing their own thriving businesses.
So how can you be self-employed as an immigrant to the UK? And which rules and regulations do you need to be aware of?
(Please note that this article is intended as general guidance to help you consider your options and should not be taken as legal advice. If you’re at all concerned about your legal working status, please consult a qualified professional.)
Work Sponsorship Visas in the UK
Before we can talk about running your own business, we need to cover one of the most common methods of gaining a working visa in the UK: work sponsorship.
The way it works is that businesses apply for a licence to sponsor someone to work in the UK. Once they have this licence they can choose to sponsor you for a visa.
Sponsoring you doesn’t automatically mean you’ll get a visa of course. You’ll still have to pass other legal checks based on where you’re from, whether you have a criminal record, and other relevant factors. That said, having a sponsor does prove that once you’re here you’d have a job lined up for you.
Coming To The UK Without a Sponsor
The UK has a rich history of people coming to study and work here. Migrants help to keep that history going, encouraging innovation while deepening our culture. All the same, it’s vitally important that people are properly accounted for and are using the correct work visa.
If you plan to work in the UK, you’ll need a working visa. Working while on a visitor visa is in breach of your terms and could lead to your being deported. There are some types of working visa you can get without a sponsor however you will have to meet certain conditions to qualify.
The Innovator Founder visa is for experienced business people coming to the UK to set up a business off the back of an original idea. To qualify you’ll need experience running your own business as well an endorsement from a recognised body that your business is truly unique. You’ll also need to pass a test proving English fluency.
The Global Talent visa allows for those with remarkable skills in academia, arts, or technology to start a business in the UK. The talent visa is a little more forgiving with no English fluency test needed. You are also allowed to look for work once you’re in the UK.
The High Potential Individual (HPI) visa is similar to the global talent visa though a little more restricted. It’s aimed at those who’ve recently graduated from highly respected universities. You don’t have to have years of experience at the top of your field but you do need to have knowledge of English. Furthermore, the visa length is limited to 2-3 years with no option to extend. You would need to apply for another visa once your time had run out.
Lastly, if you already run a business in your home country, the UK Expansion Worker visa allows you to set up your first UK branch. It only lasts for a year but can be extended to two years.
Can I Work as a Sole Trader on a UK Work Visa?
For most work visas you are required to have a job set up in advance. That said, if you already earn a living based on a talent or skill then you may be able to apply for a Creative Worker visa.
Alternatively, if you don’t qualify for any of the visas we’ve discussed, then your best option is to work for a company for a while after which you may be able to set up your own business depending on the terms of your sponsorship.
The bottom line is that if your visa allows you to start a business, then you can become a sole trader.
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