Expert legal advice on employing and sponsoring foreign nationals
On 31 December 2020 free movement between the UK and EU ended - our business immigration lawyers are here to help you adapt.
Sometimes, delivering the best mix of experience, qualifications and skills for your organisation means employing someone from outside of the UK. Whether you want to hire a foreign national, bring an existing employee to the UK from an overseas office, or ensure that you have the systems in place to prevent illegal working, our expert business immigration lawyers can help.
The UK Government introduced a revised points-based immigration system from 1 January 2021, applicable to both European and non-European nationals alike. Employers will have to be approved for, and use, the visa sponsorship system for the vast majority of demand-driven hires from outside the UK. With the introduction of the new system, employers need to act now to ensure they have planned and are ready for the seismic changes to the UK business immigration system. Our expert immigration solicitors, will explain the changes, help your business prepare for them, and guide you through the whole process.
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"...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."
St Mary’s University, Twickenham
What our Business Immigration lawyers do
Our services range from “end to end” support with work visa sponsorship and associated applications to advice on the prevention of illegal working and business immigration compliance, including:
- Audit and best practice guidance for right to work checks
- Applications to become an approved sponsor of workers under the UK’s Points-Based Immigration System (“PBS”)
- Audit and support for compliance with approved sponsor duties under PBS
- Strategic advice on key hires/transfers of individuals from outside of the UK
- Support with obtaining and assigning Certificates of Sponsorship
- Intra-Company Transfers to the UK
- Short/long-term (multi entry) Business Visitor visas
- Advice on hiring/employing European nationals in the UK post-Brexit
- Secondment agreements
- Document verification
We can help you to:
Plan
As with any big project, planning your route to success can pay dividends. Our bespoke project plan will give you the road map you need to get there.
Based on our initial assessment of the structure and future immigration needs of your UK operation, we provide a bespoke report and project plan setting out in one easy to use document: the optimum type of sponsor licence identified; the key requirements for obtaining it; each step of the application process (with links to online source materials and key information); together with a simple table setting out the likely costs and estimated timescales from end to end.
Prepare
Licensed sponsors are required to demonstrate that they have the appropriate systems and people in place, to manage their licence and meet their duties as a sponsor in accordance with UK Visas & Immigration requirements.
We will assess your current systems and teams to check that they are ‘sponsor-ready’. We will carry out an audit of your current structures and processes, including your approach to internal reporting of employee activity and record-keeping, identifying any areas for improvement.
Apply
Once you know the type of sponsor licence you require and you are ready to apply, we will help you with every step of the application process.
Our support includes: identifying with you the mandatory documents that you must submit to UK Visas & Immigration in support of your licence application; helping you to identify the appropriate selection of people to represent the organisation as its ‘key personnel’; prepare your online application for a licence and any letter(s) in support of key aspects of your application; and plan for the possibility of a visit from UK Visas & Immigration as part of its assessment of your application.
Maintain
Obtaining your sponsor licence is of course, just the start. It’s important to ensure that you are ready to meet your ongoing duties as an approved sponsor. These include a requirement to carry out right to work checks in the correct manner across the board, to report changes in circumstances of the sponsor organisation and the migrants it sponsors, and to obtain and maintain appropriate records. We will review your systems and procedures and advise on steps you can take to ensure you remain informed and complaint.
Train
We can provide your key personnel with targeted in-house training to ensure that they are up to speed with the latest requirements and developments in sponsor licence management, and provide them with a suite of materials (including checklists, guides and links to key online materials) to ensure that they feel confident in maintaining the sponsor licence and avoiding potential compliance issues.
How our Business Immigration lawyers work
We cut through the complexities for an ever evolving regime to provide you with a bespoke solution to your business immigration issues. All the while keeping stress to a minimum.
We achieve this by:
- Keeping you up to date with the rapidly changing rules and requirements set by UK Visas & Immigration
- Liaising with appropriate government agencies and departments in relation to the application of policies and rules
"... 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."
Frontline Aids
Global Business Mobility Visa
What work sponsorship routes are there?
If you would like an initial discussion about how our business immigration lawyers can help your business employ someone from outside the UK please complete the form and we will contact you.
We also offer employment law advice.
Click here to read more about our employment law services.