Reducing business risk when employing overseas workers in the UK

Meet our lawyers

Our business immigration solicitors work closely with UK and international organisations, across all sectors, who currently employ or are considering employing non-settled workers in the UK.

Our lawyers help to enhance recruitment strategies and to implement new systems to make international moves happen, whilst reducing the risk for businesses employing overseas workers in the UK.

We also advise on visa sponsorship matters, give bespoke immigration law compliance training, and ensure adequate systems are in place to meet compliance duties around visa sponsorship and prevention of illegal working rules.

Practical recommendations when transferring to and/or employing migrant workers in the UK

1. Conduct a thorough review of the UK immigration requirements early in the process of looking to transfer to, and/or employ, a migrant worker in the UK.

2. If you need a sponsor licence, then you will need a UK based entity, and it will need to be established and set up to certain minimum levels (e.g. in respect of HR systems). Engage in that process early, and ensure that you have a suitable senior individual in the UK that can act as your ‘Authorising Officer’ based here.

3. Implement robust right to work check procedures for all employees, ensuring that checks are undertaken in accordance with current Home Office guidance on right to work checks, and that they are conducted before employment in the UK commences, and then at timed intervals in advance of the expiry dates of any immigration permissions.

4. Establish clear internal processes for maintaining accurate records and for reporting relevant organisational and migrant changes of circumstances to UKVI, so that relevant changes are spotted and recorded/reported within required timeframes for sponsors, thus reducing the risk of licence suspension or revocation.

5. Monitor ongoing compliance with work visa eligibility requirements for all migrant workers, including job roles (for example, changes to roles that might be outside of the visa permission) and salary requirements (for example, reductions in salary that might breach the visa conditions).

6. Schedule regular internal audits of immigration compliance relating to migrant workers to identify and address any gaps or risks.

7. Set calendar reminders to track and pre-empt expiry dates of migrant workers’ immigration permissions, and plan ahead for how these will be responded to.

8. Seek specialist legal advice on complex cases, when transferring to and/or employing migrant workers in the UK, to ensure full compliance with UK immigration law.

Our immigration solicitors can help you mitigate your compliance risk by carrying out an audit to identifying the potential issues in your organisation. You can complete this survey to help assess your risk level and our Immigration experts can help you consider the options available, whether it be to provide further training or create a bespoke action plan for your organisation.

Issues and risks to consider when transferring to and/or employing migrant workers in the UK

Prevention of illegal working

To avoid civil penalties (up to £60,000 per illegal worker) for employing individuals who do not have appropriate right to work, employers in the UK are required to conduct right to work checks on all employees (irrespective of nationality). For protection from civil penalties to apply, the check must be done in the prescribed manner and before the individual(s) commence work in the UK. Criminal prosecution can arise for employers found to have employed an individual that they knew or had reasonable cause to believe were illegal.

Immigration status

Businesses must ensure that all ’non-settled’ workers have the appropriate immigration status to work for them in the UK. Commonly, such status requires the individual to have obtained a visa sponsored by the employer.

Sponsor licencing

Where immigration permission is required for work, this will typically require the UK employer entity to obtain and maintain a sponsor licence with the UK’s immigration authority (UKVI).

Work visa eligibility

There are many and varied work visa routes/categories each with specific eligibility criteria. Criteria will usually include minimum skill and pay requirements for the intended UK-based role, and often a requirement for the individual to demonstrate English language proficiency to a specific standard.

Compliance with sponsor licensing and visa conditions

Both the employer and its sponsored migrants in the UK will need to comply with certain requirements and conditions associated with visa sponsorship/immigration status. For the migrant, this includes the conditions applicable to their particular immigration status, which can include limitations on ancillary work and limitations on roles they can perform. For the employer, this will include the compliance duties for sponsor licence holders, including record-keeping, reporting, and co-operation with UKVI.

Understanding and managing routes to settlement

Some, but not all, immigration routes for work provide ‘qualifying residence’ that can lead to settlement for the individual (known as ‘indefinite leave to remain’). For those routes that do not, there is a risk the migrant worker will need to leave the UK (sometimes for a minimum of 12 months) at the end of their permission. It is therefore important for the employer and migrant to understand the status of their immigration route, and their options/position if/when their current leave expires.

Risk of sponsor licence suspension or revocation

Failure by an employer to comply with sponsorship duties and/or the requirements for prevention of illegal workers can result in the suspension or loss of its sponsor licence and, in turn, the cancellation of the immigration status of all its sponsored migrants. Loss of a sponsor licence may result in a ‘cooling off period’ during which a replacement licence cannot be obtained. Given the potential impact on business continuity in the UK it is imperative that sponsors carefully manage the risk of suspension or revocation.

As specialist employment immigration solicitors, we pride ourselves on being client-focused in all that we do; working as trusted advisors to help our clients achieve their objectives in a way that aligns with their values and priorities.

Adam Williams, Partner, Employment Immigration Solicitor

Ready to take the next step?

Our specialist business immigration solicitors provide expert advice on UK immigration laws, to cut through the red tape and provide clear, outcome-focused solutions for business immigration issues. Business immigration rules are complex, but our expert lawyers can help to ensure that international borders are not a barrier to the growth and success of ambitious organisations. Having an expert advisor on hand can ensure you can focus on your business objectives and reduce any risk with employing overseas and skilled workers for your business.

Contact an immigration solicitor today

Our lawyers can help with

Personal Immigration

Employment Law for Businesses

Employment Law for Partners and Professionals

Employment Law for Employees and Senior Executives

Our lawyers can help with

Personal Immigration

Employment Law for Businesses

Employment Law for Partners and Professionals

Employment Law for Employees and Senior Executives

Testimonials

We have consistently received professional, friendly and reliable advice on a range of issues, from line manager training to preparing for a (successful) UKVI audit. We have always valued their support.

Client – Business Immigration

I am much reassured that we as a team are now fully informed of our obligations and grasp a contextual understanding as to the importance of our responsibilities.

Client – Business Immigration

I had a complicated Visa case and spoke to several firms for advice. I then spoke to DMH Stallard, and they made my case seem very simple and were confident they could get me an approval — which they did without any complication.

Legal 500 UK 2026

They were more knowledgeable than anyone else we spoke with, especially for cases that are not straightforward. They were able to easily uncomplicate our case and clearly communicate the best path forward to get an approval.

Legal 500 UK 2026

Awards

Legal500 UK 2027 – Leading Firm

Google reviews

4.9

Clive

My late Mum and Dad used DMH Stallard for many years. My first contact was with Michael Derrick who introduced me to Samantha Smith to help me deal with the selling of my late Mum’s house. Samantha emailed me what she was going to do and her fee, which was perfectly acceptable, money well worth spent in my mind. A couple of times I got flustered by some of the questions that I faced but with a call to Samantha we sorted them out over the phone. Samantha kept me updated throughout the process. Thank you for all your hard work Samantha.

sarah helm

Amazing service. Samantha was on the ball and communication was first class. Always responded quickly. Made the whole process very unstressful. I would highly recommend anyone buying or selling to use her for conveyancing.

Ricardo Porto

Very professional and helpful.

Bruce Bennett

Very happy. Timely, informative and kept to quoted price. Happy to recommend.

James Berkeley

We received superb support from Michael Daniels on our house sale. Clear, practical advice and swift response to all requests, Michael helped to make the whole experience smooth and stress-free.

Melanie Batten

Michael Daniels from DMH Stallard handled the sale of our large country house which was a detailed transaction especially from a legal perspective and he dealt with everything in a very timely, positive and efficient manner under difficult market conditions. We would strongly recommend.

Poppy -B

We have recently had the pleasure of dealing with Michael Daniels with the sale of a property of ours. He couldn’t have been more helpful. We had a number of issues with the process from the buyers side, and Michael was always available with exactly the right advice and calm approach required to keep the momentum of the sale, and was professional throughout. We can’t thank him enough.

Yamil

Samantha Smith and her team and DMH Stallard in Guildford were absolutely incredible in advising and supporting us with buying our first home. From day one she was extremely helpful, knowledgeable and patient with us. Communication was clear and prompt and every step was explained in detail. Samantha could not have made the whole process easier for us, and we would not hesitate to request her services again. Thank you!!

Hannah Holden

Michael in the Guildford office managed our recent property sale and purchase efficiently and effectively. He was easy to deal with and ensured it all went smoothly and to the timescales agreed with our chain.

John H

We had worked with DMH Stallard previously and returned to work with Michael Daniels, to assist us with a property sale.There were a number of hurdles during the process and Michael guided us through them proactively and very efficiently.Excellent communicator throughout, and we achieved a successful outcome. Thank you.We would highly recommend Michael.

Jonathan Miller

Wished to settle probate issues and made an appointment with M/s Sara McGrigor at DMH Stallard. The whole procedure was relaxing ,informative and successful although somewhat time consuming as was to be expected.

Hugo Anson

My wife died of cancer. It was slow and complicated, and then she was gone. Initially I was a numb, but eventually knew I had to get probate sorted, and dropped an email to Sara McGrigor, because DMH Stallard had helped us with our wills and LPAs a few years ago. I cannot recommend Sara more highly. She did the empathetic stuff, but then got on with outlining the practical things she needed and the outlined the process and costs – which are not small, but Sara did her best to tell me how to do things I could do myself. During a painful time, the legal process was as painless as it could be. Eventually I had to drop into the office and sign papers and pick up the deed of probate. It was lovely meeting Sara in person and sharing stories. The whole process left me feeling I had found a friend.

Nicholas Tait

I liked Rachel Osgood from our first meeting. She was friendly and empathetic. Throughout my divorce she always responded very swiftly to requests and provided timely updates as things progressed. When I needed some property advice, colleagues stepped in immediately and gave prompt, clear advice. Overall a great service and would recommend.

Wendy Case

I had a call with Cathryn regarding advice I needed as an executor for a dispute with beneficiaries. She was extremely helpful and gave me advice to move forward with. I will most certainly contact her again if things don’t improve. I would definitely recommend contacting this company if you need advice.

Paul Randall

Extremely helpful initial consultation with clear and honest guidance borne of research into our specific situation

Jonathan Goldhill

First class support from Michael Derrick on IHT issues and cross-border estate planning. Thanks, Michael!

Ian Thorne

This law firm assisted us with a complex family matter. They worked closely with us, their speed of response was excellent. They explain everything to us clearly and in an easy to understand manner. I willingly recommend them

George Ashley

Samantha & her team were amazing and massively helped us with our new house purchase. We would highly recommend these guys to anyone who wants a trouble free experience. Superb work. Thank you again!

Rob Proctor

We instructed DMH Stallard in relation to a difficult and emotionally challenging contentious probate matter. From the outset, the team provided calm, clear and practical advice, helping us navigate a complex process with professionalism and care.They were responsive, strategic and reassuring throughout, balancing strong legal guidance with a sensitive understanding of the personal issues involved. Their support helped us reach closure on a matter that had placed significant strain on our family.We are very grateful for their advice, persistence and professionalism, and would not hesitate to recommend DMH Stallard to anyone facing a complex probate dispute.

Gilly Carter

Samantha Smith provided us with such a professional and efficient service – much appreciated. Thanks Sam … you’re a huge asset to DMH Stallard 🙂

Paul Miles

Very happy with the service provided by Maureen Murtagh. She was very thorough and professional, guiding us through three unsuccessful transactions and helping us to decide not to proceed, and ultimately a successful purchase of our dream house, which went very quickly and smoothly. Maureen was always approachable and it was very reassuring to have ready access to her expertise.

We worked with Samantha Smith on the sale of our property and she was brilliant – answered every question we had (no matter how many!) promptly and kept all communications regular and thorough. Thank you!

Steven Thomson

Samantha has helped us with three transactions in the last few months starting with the sale of our long term family house. We were very satisfied with the service she provided. Samantha was very straightforward to deal with and pragmatic in handling all three of our transactions. She was also realistic in setting expectations and made sure that she could deliver what she promised.We would happily recommend Samantha to others and plan to seek her assistance on a forthcoming transaction

Bruce Scott

Excellent Service from start to finish. Highly Recommended firm of solicitors.

josh boucker

This is the second time we have worked with Michael Daniel’s for a property transaction. He made the process so simple and I really appreciated the level of detail to his advice. We had the transaction done in less than 12 weeks! Thank you!

Catherine Deville

I had a very positive experience with Cathryn. She was knowledgeable, responsive, and explained legal issues clearly and calmly. I felt well-supported throughout the process and confident that my enquiry was being handled thoroughly and professionally.

danilo cassani

Maureen Murtagh has been a great support helping us with the purchase of our property with a very professional and effective approach. Her ability to constantly follow up on issues and the fast response time made our experience with DMH Stallard very positive.

Warren Mott

Stumbled upon DMH purely by chance and am very glad i I did. Their Team were extremely helpful, professional and always answered questions very promptly. Have already recommended to others who are also very pleased. Most of all they were always “on the front foot” and chasing the Vendors solicitor whose was not all all co-operative. I’d highly recommend.

Louise Kemp

Samantha Smith at DMH Stallard was brilliant in our house sale – she was knowledgable, efficient and went above and beyond to make the process as seamless as possible.

Ramon VdV

Rachel Osgood supported me with a tricky issue, and her approach was not only extremely professional and impactful. It was also very personable, and supported me well taking the more psychological factors of the issue into account as well. I highly recommend!

Verity a’Barrow

I chose to work with Tabitha on the purchase of our first home, and it was the best decision I made. As a first time buyer, it’s a really daunting process, and Tabitha was there at every step of the way to provide support and guidance. Tabitha is extremely efficient, determined and very easy to work with. I would highly recommend her to anyone looking to purchase a house. I will absolutely get in touch with her if I need her services in the future.

Tina Cripps

Rachel was compassionate, knowledge and pragmatic, quickly grasping both the details and the context of the issue at hand. She provided a number of different options, with clear guidance as to the advantages and challenges of each. I felt very confident in her advice, her thoughtful approach and her steely spine !

Cynthia Chidarikire

So far, so good. We are very pleased with the person centred approach we received for a service some solicitors charge for. We have not been made to feel like we’re just another figure for their extortionate gain. Very calm professionals who show compassion and are attentive to detail. We have been particularly impressed with their responsiveness, next to none in our current experience. This has been reassuring. Highly recommended.

Laura Malam

Tabitha was professional and quick in her responses. Her advice was sound and made for a quick resolution.

Tracy Loosley

Samantha Smith at DMH Stallard was brilliant throughout. I felt very confident in her and she was a pleasure to work with. Thank you.

Ian Beaumont

I have nothing but praise for Jenny Ray at DMH Stallard, specifically for her work on my behalf recently in connection with a rather sensitive and stressful family related legal matter, which required careful handling. Jenny is excellent at her job and she was always kind, understanding, thoughtful, highly professional and thorough throughout the whole time we worked together. I recommend her and the DMH Stallard company highly.

Rose Kneller

Sam Smith is an actual legend. We purchased our first home and had Sam do our conveyancing, it was the best decision ever. Sam was so efficient, quick and knowledgeable. 10/10 recommend

Janice Heathcote

Amazing service through out. Samantha has been great. She explained everything and was very patient with our phone calls and emails. Not just with our sale and purchase but with selling my mother’s house which wasn’t straight forward.

Derek Payne

We were very happy with Tabitha’s work on our conveyancing.Given we were keen to move quickly, Tabitha did everything she could to expedite all the paperwork. The property is a new-build, so there was additional paperwork to carry out.One constructive suggestion is around compliance.It seems they were only engaged a couple of days before Exchange, and because we had moved moneys around (to obtain best interest rates), they seemed to take a long time to tie up the numbers (albeit I was able to check all double entry movements in about 30 minutes), and a lot of effort at both ends.I would suggest compliance get involved at least a week before Exchange in case there are unexpected circumstances.

C Edward

I have just finished a very helpful conversation with Cathryn where she helped me to understand some of issues related to estate administration. I found her to be professional and explained things in a way I could understand them. And also she sent me a summary of our conversation which will help as a reference point in the future. Thanks DMH Stallard.

Fran Hibbert

incredibly helpful, professional and clear guidance, enabling an informed decision to be made on next steps. Can’t recommend highly enough!!

SkyUKUK

I reached out to Amber to help finish up a financial settlement that my previous solicitors had not concluded.Amber was a pleasure to deal with, excellent advice, and professionally and skillfully completed the prudes for me.Highly recommended.

Marcus Atkins

Sam has been brilliant in acting on our behalf in selling our house. Our last move was 24 years ago and I hadn’t realised just how complicated conveyancing was nowadays! There were a few little issues throughout the journey, but Sam remained calm, dogged and professional throughout. Her calming influence really put my mind at rest no matter what hurdle or issue was thrown at us. I couldn’t recommend using Sam enough, 5 Star service. Thank you very much 🙂

Jola Martin

Highly recommend DMH Stallard ! I worked with Tabitha who helped me with a very complex Transfer of Equity. She was very efficient, knowledgeable and at the same time friendly. She went above and beyond to complete the transfer. It was my pleasure to work with her.

Meet our business immigration risk solicitors

Meet the team

Adam Williams

Partner

Immigration and Employment

Specialises in guiding corporate clients through UK business immigration and labour law aspects of operating in the UK and moving people across borders.

+44 (0) 1483 467413

Email Adam