At Richmond Chambers, we regularly advise individuals navigating the complexities of UK business immigration, particularly where routes have closed or changed significantly. In this case study, we outline how immigration barrister Taya Sayekaya supported a client who had previously switched from a now-closed business route into the Skilled Worker route via self-sponsorship to obtain indefinite leave to remain (ILR) in the UK.

Case Overview: From Business Route to Skilled Worker

Our client was originally in the UK under one of the now-closed business immigration routes. Given the challenges they encountered under that route, they decided to switch into the Skilled Worker route by self-sponsoring through their UK-based business with our assistance. Their Skilled Worker application was successful, and they were granted leave to remain.

Approximately a year and a half later, they became eligible to apply for ILR in the Skilled Worker category. Their time spent under the previous business route counted towards the required qualifying period for settlement.

Key Challenges: Self-Sponsorship and Ownership Structure

A significant concern in the case was the close connection between our client and the sponsoring business. The company was a family-run enterprise, and our client jointly held shares alongside another director. We anticipated that the Home Office might subject the application to greater scrutiny, particularly around the genuineness of the role and the relationship between our client and the business.

This concern was heightened by the Home Office’s recent strict approach to self-sponsorship applications. Although this was particularly at the sponsor licence and entry clearance stages, we wanted to ensure that this did not cause any problems for the client in their ILR application. 

Our Approach: Preparing a Robust and Pre-emptive Application

To address the potential issues proactively, we prepared the application with meticulous care. This included:

• A detailed witness statement outlining the company structure, our client’s role within the business, and the work undertaken since being granted leave as a Skilled Worker. The statement also set out our client’s day-to-day responsibilities and future plans within the business.
• Comprehensive legal submissions that addressed the genuineness of our client’s Skilled Worker role, the Home Office’s previous acceptance of the business structure and shareholding, and our client’s compliance with the terms of their leave.

Our aim was to pre-empt any concerns and demonstrate clearly that our client was a genuine Skilled Worker, employed in a role that met all relevant requirements.

Outcome: ILR Granted in 5 Working Days

Our client used the Home Office’s priority service and received a positive decision within five working days – without any request for further information or an interview. They expressed their appreciation for the careful preparation of the application and the outcome achieved, commenting that it had been “such a good experience.”

Insights Gained: Navigating Written and Unwritten Policy

This case reinforced the importance of being alert not only to the written immigration rules and guidance, but also to emerging patterns in decision-making. While decisions should always be based on published policy, it can be helpful to anticipate potential red flags based on recent trends or unwritten Home Office concerns, particularly in self-sponsorship and shareholder scenarios.

Contact Our Immigration Barristers

If you are considering a self-sponsored Skilled Worker visa application or seeking to switch routes in the UK immigration system, our barristers are well-placed to guide you through the process. We provide tailored advice and representation to give your application the best possible chance of success. Contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.