Business immigration
We have extensive experience in handling all immigration matters that your business requires, whether you are MNCs, business & management consultancies, software/ IT contractors, logistics industries, oil & gas companies, construction companies, food industries, NHS trust recruitment agencies, GP practices, telecommunication companies, pharmacies, Care Homes, religious/charitable organizations, clothing wholesale companies, export & import, jewelries and also retail businesses.
We know the importance of employing the suitable candidates at your organization in order to excel in international market. We have an excellent track record of successfully assisting businesses in this area of practice, which we attribute to our specialized team of lawyers who are able to offer services varying from strategic immigration planning to implementation, ensuring that you are guided each step under the applicable immigration rules throughout to ensure a smooth application process for you and your business.
An employer requires a sponsor license to employ a skilled migrant worker from outside the UK including European Economic Area (EEA) and Switzerland to work for your organization in the UK.
An employer will be granted a sponsor license with rating if the application is successful, and you will be able to assign certificates of sponsorship (CoS) if you have jobs that are eligible for sponsorship under the relevant occupational code. There are two types of certificates, namely Defined and undefined CoS. Defined is for the sponsor to recruit migrant workers from outside the UK and Undefined is for the sponsor to recruit migrant workers from within the UK. Usually, undefined CoS will be allocated when granting the license and for Defined CoS a separate request is required to be made.
The sponsor license will be valid for 4 years, but you may lose your license if you do not meet your responsibilities or failed to comply with sponsor duties.
If an employer’s application is successful, the Home Office will provide you with a reference number (which acts as license) and activate their online account which is known as Sponsor Management System (SMS) and also be listed in the Home Office license register. The Director or HR Manager can be appointed as the Level 1 user, key contact, and Authorizing Officer to access the Sponsor Management System in order to assign your prospective employee(s) Certificate of Sponsorship (online document). You can appoint us as legal representatives on this license. Once you have been allocated with the COS, you would be able to assign the Certificate (issue the work permit) to your prospective employee to claim points in order to qualify application for leave to remain/enter.
Under the skilled worker category, anyone coming to the UK to work will need to demonstrate that:
they have a job offer from a Home Office licensed sponsor
the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
they speak English to the required standar
In addition to this, the job offer must meet the applicable minimum salary threshold. This is the higher of either:
the general salary threshold set by Her Majesty’s Government on advice of the independent Migration Advisory Committee at £25,600.00 or
the specific salary requirement for their occupation, known as the “going rate”
All applicants will be able to trade characteristics, such as their qualifications, against a lower salary to get the required number of points. If the job offer is less than the minimum salary requirement, but no less than £20,480.00 an applicant may still be eligible if they have:
a job offer in a specific shortage occupation
a PhD relevant to the job
a PhD in a STEM subject relevant to the job
There are different salary rules for workers in certain health or education jobs, and for “new entrants” at the start of their careers.
Time frame
The Home Office estimates that it is currently taking about eight weeks to process a sponsor licence application from the date of submission of the application. The Sponsor Licensing Unit officers (SCOC) from UK Visas & Immigration would raise enquiries on the submitted application and also may conduct a pre-license visit to their business premises before they issue a license, this is in order to check their organization’s trading presence in the UK.
Should you wish to employ skilled migrant workers from around the world then we are the right solicitors for you. Once we are instructed, we will advise/assist you before and during the Home Offices rigorous application process and do all the follow up work and keep you informed about the progress until the decision is reached on the above application.
Intra Company License
The sponsor company must show a direct link by common ownership or control with the overseas entities from which the sponsor company will bring migrants to the UK. Common ownership or control may be shown by one of the following. The Sponsor company must demonstrate that it is connected to the overseas entity by ‘common ownership or control’.
Document
A further document is required to evidence the common ownership and control between the overseas and UK entities. This may for example include a sworn affidavit by a senior executive or partner / Director identifying how the entities are linked, company accounts or the joint venture agreement.
The Process
This application can be submitted along with the Skilled worker category or a sperate online application can be submitted in order to add to the existing licence. Decisions on sponsor licence applications would generally receive within 8 weeks.
We have extensive experience in handling all immigration matters. To discuss about your organisation’s Sponsor licence application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Fundamentally, compliance with the duties ensures comprehensive and up to date records are maintained by sponsors that must be made available to the Home Office for inspection at any time.
The Home Office uses the license application process to evaluate the employer’s ability to meet these sponsor duties.
The following areas will be covered during the compliance officer’s visit:
Recruitment process – HR exercise – (copy of adverts, CVs received, interview call letters, interview notes, justification for job offer and reasons for rejection)
Record Keeping
Migrant tracking & Monitoring
Reporting
Genuine vacancy Test
General sponsor duties
The duties of the sponsor, as prescribed in the Home Office’s Sponsor Guidance, are as follows:
Record Keeping
Sponsors must keep records relating to their sponsored workers and their right to work in the UK documentation, NI number as well as the history of and up-to-date contact details.
The employer must retain copies of documents as specified in Appendix D, such as:
Migrants’ copy of employment contract, passport, BRP, P45, previous employment reference, CVs, certificates, proof of address, contact details.
The sponsor must also keep records of sponsored workers’ contact details, both retaining past contact details and having a system in place to identify and update any changes in contact information.
Employment contracts should also be retained for all sponsored workers. Employers should note that the Home Office may review the terms of the contract to ensure they are consistent with the details on the Certificate of Sponsorship assigned in relation to salary and job role.
Right to work checks in a systematic way ensure that the employer does not breach the prevention of illegal working, by conducting document checks as advised by the Home Office and ensuring those workers with time-limited permission are subject to follow-up checks to verify continued right to work.
Failure to meet the right to work requirements can result in a financial penalty being imposed by the civil penalty team followed by enforcement action.
Reporting & Monitoring
The employer must have a robust system in place to track and monitor sponsored employees, reporting within ten working days if the sponsored individual fails to start work when expected, 10 days of consecutive unauthorized absence, work / project completed early, contract terminated earlier than expected e.g., resignation, switch into another immigration category, for example, from the skilled worker visa to indefinite leave to remain (regardless that the Home Office should have a record of this fact), Sponsorship withdrawal, decrease of salary.
The sponsor also must notify the Home Office of any reasonable concerns or evidence that a sponsored worker is in breach of the conditions of their stay in the UK.
The sponsor must ensure all sponsored employee absences are authorized and recorded, including statutory sick leave, and unauthorized annual holidays, study leave and overseas travel. The employer should have in place and follow, an effective sickness absence procedure.
Genuine vacancy assessment
Requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the tier and category
Does not include dissimilar and/or lower skilled duties
Must consider if:
The job description seems to be exaggerated to deliberately make it meet the requirements of the tier and category
The job role does not exist and is being used to enable a migrant to come to or stay in the UK
Advertisements are inappropriate for the job on offer and have been tailored to exclude resident workers from being recruited
HO guidance:
If a sponsored migrant is not undertaking the role for which he was sponsored and evidence suggests there was not a genuine vacancy for that particular role, the officer must recommend suspension. For example, where a sponsored migrant recruited as a ‘business development manager’ is actually found to be undertaking the duties of a care assistant, or if a migrant has been sponsored as a ‘marketing manager’ and the sponsor cannot demonstrate evidence to show the migrant has carried out appropriate duties such as those listed in the codes of practice for the SOC code stated on the migrant’s CoS
Notifying changes about circumstances to the Home Office
Any changes on sponsored worker’s circumstances must be reported to UKVI via the Sponsor Management System (SMS).
If the organization has moved premises as a result of end of lease or bought own building, the change of company address must be notified to the Home Office within a specified time limit. Sponsor must send sign the submission sheet and send supporting documents to sponsor licensing unit. Should the Home Office wish to conduct an unannounced site inspection, they will need the correct information to attend the correct premises.
It is best practice to add all the UK branches in the SMS, sponsors are advised to keep separate records of any changes to the organisation.
We have extensive experience in handling all immigration matters. To discuss your Sponsor License compliance matter with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Pre-licensing compliance visit:
Where the Home Office finds an organization’s Human Resource (HR) systems are not robust or inadequate to comply with the sponsor duties, they will refuse the license on that basis.
Prior to the application submission, it is advisable to conduct an internal audit of the organization’s existing HR systems to identify potential issues and breaches, so that it can be rectified, and corrective measures can be out in place prior to applying to the Home Office. It is equally important to check if the policies, practices and procedures at any physical addresses where the organisation’s sponsored migrant workers would carry out their employment duties, to ensure compliance.
We have extensive experience in handling all immigration matters. To discuss about your Sponsor Licence Duties & Compliance application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
If you are encountered by the enforcement officers that you have employed a worker illegally, you will be liable for a civil penalty. Each illegal worker will attract a penalty. If you have carried out suitable document checks, you will have a ‘statutory excuse’ and will not be liable for a civil penalty. The penalty imposed will vary from minimum £5,000 to maximum £20,000 per illegal worker.
If you do not pay the penalty, object or appeal by the due dates, the Home Office will commence court action against you. If the Home Office is successful, you will have a County Court Judgment against you.
Document checks will not protect you against prosecution if you knew the worker did not have permission to work, or if you could reasonably have known. You must check the documents in the presence of the holder during the job interview or the employment commencement. You must check and verify all the contents of the documents. It is good practice to keep record of date you have checked/verified the documents. You must make a clear copy of each document in a format which cannot be altered and retain this copy securely for not less than two years after the employment has come to an end. If the person has limited leave to remain in the UK but you wish him to start the work, you must carry out additional checks before the expiry of the leave.
If a potential employee cannot prove their right to work by showing valid documents, then you should refuse to employ them. If the employee already works for you, has leave to remain to work and but if he cannot prove their right to work in a follow up check you conduct, you should immediately terminate his employment.
Following the immigration enforcement officers visit to your premises, if you have been issued with a Notification of Liability for a Civil Penalty, Lawsmith Solicitors can take instructions and assess the merits. We can advise you as to the likelihood of establishing a statutory excuse and thereby submitting objections to the Civil Penalty Compliance Team (CPCT) and also provide legal representation on the appeal at the County Court.
We have extensive experience in handling all immigration matters. To discuss about your organization’s civil penalty matter with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
In the event of your organization’s sponsor license being suspended followed by revocation, we can assess the merits on your case and if there is a realistic prospect of success, we can judicially review the revocation decision and where appropriate, assist the sponsor with this process by issuing a claim at the UK Courts & Tribunals.
Once the Home Office has revoked a sponsor license, they will also curtail the leave of any sponsored workers who are currently employed by the sponsor. The sponsored worker will usually have their leave curtailed to 60 calendar days unless they have fewer than this remaining, in which case no action will be taken.
If a sponsored worker has their leave curtailed, they will have to either make another application for leave to remain in a category for which they qualify, find an alternative employment with a licensed sponsor, or leave the UK.
As there is no right of appeal against a decision to revoke a sponsor license and a sponsor will be prohibited from making a further application for a sponsor license until the end of the appropriate cooling off period. This is usually 12 months from the date the sponsor license was revoked.
However, upon a new application for a sponsor license the applicant will need to address the reasons for the previous revocation.
We have extensive experience in handling all immigration matters. To discuss about your organization’s license suspension or revocation with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
Skilled Worker visa replaces the Tier 2 (General) work visa. This visa allows you to come to or stay in the UK to do an eligible job with an approved employer (a licensed sponsor).
You must have a confirmed full-time job offer to work for a UK employer that has been approved by the Home Office. The offered job must be in the list of eligible occupations. Your employer must assign a ‘certificate of sponsorship’ with information about the role you have been offered in the UK. The migrant worker must be paid at a minimum salary depending on the type of work the migrant worker does.
Applicant must be able to speak, read, write, and understand English. You’ll usually need to prove your knowledge of English when he applies. The successful migrant worker will be granted leave to remain in the UK up to 5 years. He needs to apply for extension of leave when it expires or submit an application for indefinite leave to remain (ILR) in the UK if he meets all the requirements for ILR.
Intra company visa allows a migrant worker to enter and stay in the UK to do an eligible job at the migrant worker’s employer’s UK branch.
Eligibility: You must be an existing employee of an organisation that has been approved by the Home Office as a sponsor. You must have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK. You must do a job that’s on the list of eligible occupations. You must be paid at least £41,500 for an Intra-company Transfer visa or at least £23,000 for an Intra-company Graduate Trainee visa.
Intra-company Transfer visa
Apply for this visa if you’re being transferred by your employer to a role in the UK. You’ll need to have worked for your employer overseas for more than 12 months unless they’re going to pay you £73,900 a year or more to work in the UK. This visa has replaced the Tier 2 (Intra-company Transfer) Long-term Staff visa.
The maximum total stay allowed for an Intra-company Transfer visa is 5 years in any 6 year period if the migrant worker is paid less than £73,900 of annual salary package. 9 years in any 10 year period if the migrant worker is paid £73,900 annual salary.
A migrant worker can extend his visa or apply for further extension up to the maximum total stay. If the migrant worker has already been in the UK with an Intra-company visa before his application, that time will be included in his total stay.
Intra-company Graduate Trainee visa
This visa is for transfers to the UK as part of a graduate training programmed for a managerial or specialist role. You’ll need to have worked for your employer overseas for at least 3 months immediately before the date you apply. This visa has replaced the Tier 2 (Intra-company Transfer) Graduate Trainee visa.
You can stay in the UK with an Intra-company Graduate Trainee visa for 12 months. The maximum total stay allowed for an Intra-company Graduate Trainee visa is 5 years in any 6 year period. If you have already been in the UK with an Intra-company visa before your application, that time will be included in your total stay.
No further extension will be granted, but the migrant worker can apply for another Intra-company Graduate Trainee visa from outside the UK. The migrant worker has to have been working for your sponsor outside the UK for at least 3 months immediately before the date he applies.
We have extensive experience in handling all immigration matters. To discuss about your Skilled Worker & Intra-company Visa application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
There are two main routes on which religious institutions/charitable organizations can sponsor religious workers to work in religious occupations.
MINISTER OF RELIGION (MOR) VISA
MOR visa route is for a person who can be sponsored to perform a key leading role within a faith-based organization or religious order in the UK, such as a minister of religion, missionary, member of a religious order, or other religious workers in mainly pastoral roles. A dependent partner and dependent children of a T2 Minister of Religion can apply on this route.
Migrant workers holding leave under this route can apply for further leave to remain, change employment to another sponsor and apply for indefinite leave to remain in the UK subject to meeting all the requirements including KoLL.
It is mandatory to meet the English language requirements (unless applicant is nationality of specified countries) at least (Common European Framework regulations (CEFR) level B2 in reading, writing, speaking, and listening. Applicant can obtain a certificate recognized by Ecctis (formerly known as UN NARIC) as his academic qualification was taught in English and the same is equivalent to the required level.
Applicant is required to prove that he can support himself when arriving in the UK. This can be shown through his personal savings via bank statements or from the employer certifying maintenance of funds requirements.
RELIGIOUS WORKER VISA
This is a temporary visa route. You can apply for the above route if the job role involves performing religious duties to support the activities of religious institutions and can be for filling non-pastoral placements for no more than 2 years with no option to apply for settlement in the UK. It can include working in a religious order. No Ministers of religion can be sponsored under this Tier 5 route. The salary must be calculated in such a way it meets the requirements of the National Minimum Wage (NMW) Regulations. These rates are amended, usually annually, so you must make sure that you are using the correct rates.
You must have a certificate of sponsorship assigned by your employer prior to application for leave to enter the UK to work for the religious institution. The successful applicants can come and work in the UK and they can also do a second job (same level in the same religious field) for 20 hours per week. Dependents (Partner/Child) can join the main applicant under this route, and they can also stay in the UK until the main applicant’s visa validity.
Temporary Religious workers will be subject to a 12-month cooling-off period if they have had been in the UK as a Religious Worker or Charity Worker within the last 12 months.
We have extensive experience in handling all immigration matters. To discuss about your your minister of religion or religious worker application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.
