B P Collins LLP has a dedicated business immigration practice group. Its solicitors are members of the Immigration Law Practitioners’ Association (ILPA) and are also experienced members of our employment practice group.
Business immigration UK
The UK’s immigration laws have been undergoing a period of rapid change following the UK’s departure from the European Union and in response to fast-changing economic circumstances.
The business immigration team is able to leverage its cross-practice expertise to cut across the complexity and provide down-to-earth, practical immigration advice to employers on their workplace immigration needs.
What is business immigration law?
Business immigration law relates to the legal framework governing the entry and stay of non-British citizens in the UK for the purpose of conducting business activities. Businesses need to ensure they are adhering to specific immigration laws and employment laws when hiring migrants to work and live in the UK.
Our business immigration solicitors help business owners to comply with the prevention of illegal working legislation, gain sponsorship licences and certificates of sponsorship, visa applications, right to work checks and any other issues relating to business immigration law.
Post-Brexit business immigration law
Following Brexit, the immigration laws surrounding the employment of migrant workers from the EU have changed.
For example, under the new system, employers in the UK can hire skilled workers from the EU if they meet the required criteria, which include having a job offer from a UK employer that is for at least six months and earning at least £25,600 per year. However, for the highest skilled workers, a Global Talent Visa would allow them to come to the UK without a job offer. Navigating the different visa categories and how they apply to your specific situation is what our solicitors do best.
Employers must now also have a sponsor licence to hire EU workers. Our solicitors can guide you through the process of visa applications, sponsoring and hiring migrant workers from the EU.
Employee Sponsorship
B P Collins has particular expertise advising on employee sponsorship, with an emphasis on advising employers who employ, or wish to employ, workers under the Skilled Worker and Global Business Mobility routes.
The Global Business Mobility routes include the Senior or Specialist Worker and Graduate Trainee routes (which were formerly known as the Intra-Company routes), as well as the UK Expansion Worker route (which replaces the Representative of an Overseas Business route).
Businesses who wish to use Skilled Worker or Global Business Mobility visas must first obtain a sponsor licence from UKVI so that they may sponsor the employee in question.
The business immigration team advises in relation to all aspects of employee sponsorship and sponsor licensing, including:
- Sponsor licence applications
- Whether a job meets the necessary criteria to be eligible for sponsorship
- Compliance with the detailed record-keeping and reporting duties licensed sponsors must fulfil, including carrying out mock compliance audits
- Reviewing contracts and handbooks and providing advice to ensure that your policies and procedures are compliant with UKVI requirements
- Maintaining clients’ sponsor licences as their appointed legal representative
- Advising on sponsor licensing implications of corporate restructures
- Use of UKVI’s Sponsorship Management System (SMS)
- Sponsor licence renewals
- Surrendering licences which are no longer required
Other visas
Sponsorship under the Skilled Worker and Global Business Mobility routes may not always be available or be the best route for a particular worker.
As such, the business immigration team will examine alternative options to employee sponsorship. We advise businesses and individuals on a wide variety of other visas and immigration applications, including:
- Start-up and Innovator Visas
- Leave to Enter or Remain on a Family Visas
- Applications for Indefinite Leave to Remain
- UK Ancestry Visas
- Visas for relatives and dependents of Skilled and Senior or Specialist Workers
- Late applications to the EU Settlement Scheme
- Applications for British Citizenship
Preventing Illegal Working and Right to Work Checks
All employers have an obligation to prevent illegal working in the UK. It is a criminal offence to knowingly employ someone who does not have the right to work in the UK. Employers may also be liable for a fine of up to £20,000 per individual if they are found to be employing illegal workers and have not conducted a proper right to work check.
The business immigration team regularly advises on maintaining the “statutory excuse” against employing illegal workers and conducting proper right to work checks.
Consultants from our HR2Help service are also able to conduct an audit of your right to work records and assist you in ensuring your checks are compliant.
Other areas of business immigration law
Whether you are hiring migrant workers and want to ensure they have the legal right to work in the UK, are setting up a UK business or investing in UK business, our immigration solicitorscan help. Below are a few of the other areas we specialise in:
- Obtaining visas, work permits and more for foreign investors
- Employment rights and obligations of foreign workers in the UK
- Compliance with UK immigration laws and regulations
- Establishing, structuring and operating a business in the UK
- Immigration policies and requirements for specific business sectors, such as tech, finance, and healthcare
- Business-related immigration appeals and litigation
Price and service transparency (Click here)
In every matter, we provide clients with a tailored fee estimate that will be updated as the matter progresses. However, itwill give you an indication of likely costs of making an application for British Citizenship/Ancestry Visa/Long Residence Visa and other types of Visa under the PBS.
View our price and service transparency here.
Get in touch
For further information or advice please contact our business immigration lawyers by phone on 01753 889995 or email enquiries@bpcollins.co.uk.
