How to set up a company in the UK whilst on a Skilled Worker visa

Are you on a Skilled Worker visa and considering starting your own business in the UK? Generally-speaking, you can set up a company whilst on a Skilled Worker visa, however, there are restrictions to this permission. You have worked incredibly hard to obtain your current employment in the UK and to secure your Skilled Worker visa, so to ensure you do not jeopardise your immigration status, it is essential that you navigate your entrepreneurial passions in accordance with the immigration rules.

What is a Skilled Worker visa?

With a Skilled Worker visa, you are permitted to enter, stay, live, and work in the UK to perform an eligible job for an approved employer. This visa has replaced the Tier 2 (General) work visa and stands as one of the most common types of UK visas for overseas nationals.

To qualify for a Skilled Worker visa, you must:

• work for a UK employer that has been approved by the Home Office
• have a ‘certificate of sponsorship’ (CoS) from your employer with information about the role you’ve been offered in the UK
• have an offer for a job that’s on the list of eligible occupations
• be paid a minimum salary – how much depends on the type of work you do and the date you were assigned your CoS
• be able to speak, read, write and understand English

Your Skilled Worker visa is reliant on you continuing to work in your role with your sponsor.

Can you set up a company?

As long as you are still doing the job that you are being sponsored for, you are also permitted to work up to 20 hours a week in another job or even for your own business, provided this is in a role that is eligible for sponsorship.

Supplementary employment rules permit Skilled Workers to undertake work for another company or your own business if one of the following applies:

• This is a higher skilled job (if you received your Certificate of Sponsorship on or after 22 July 2025) or medium or higher skilled job (if you received your Certificate of Sponsorship before 22 July 2025). The skill level of jobs can be found here: Skilled Worker visa: eligible occupations and codes – GOV.UK
• The role is on the temporary shortage list; or
• The role is in the same sector and at the same level as your main job

If none of the above apply, or if you wish to work for more than 20 hours a week for another business (including your own), you will need to be issued with an additional certificate of sponsorship to allow you to apply for a visa update (known as secondary employment).

It is of utmost importance, when carrying out supplementary employment, that you continue to work for your sponsor in line with the details set out in your original certificate of sponsorship, as the validity of your Skilled Worker visa is conditional on your performance in that job, as is the permission to undertake supplementary employment.

Your other visa options

If you prefer to start and run your own business as your main, full-time job, then you may consider switching to a different visa category. You may be interested in the Self-Sponsorship route, which allows you to obtain a sponsor licence for the business that you establish and subsequently sponsor yourself as a skilled worker. Alternatively, the Innovator Founder visa route is available for entrepreneurs who wish to start an innovative, viable and scalable business in the UK.

Conclusion

The UK remains one of the world’s most sought-after destinations for work and commerce. It is imperative that whilst on the Skilled Worker visa, you do not act in contravention of your visa conditions, as this often has a significant impact your future opportunities and livelihood in the UK. Contact Gherson’s team of immigration experts now if you want step-by-step support in maintaining or changing your immigration status.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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