An international workforce may well be the foundation for your company to succeed in an increasingly global market. If you wish to employ individuals from outside the European Economic Area (EEA) or Switzerland you are required to meet certain criteria and comply with UK Immigration regulation in relation to the management of the organisation.
Immigration in the UK is a complex process, even for businesses, and it can be difficult and frustrating to figure out what your company needs to do to get started.
Failure to meet your sponsorship duties can result in large fines, the loss of workers and imprisonment. Our immigration consultancy services will ensure that your business is following the correct procedures. We will work with you ensure compliance and with your Sponsor License application, the duties as a sponsor and the caseworker will assist you as and when required to provide continuing support.
UK Immigration rules are complex and challenging which is why we work to our client’s best interest and understand what is at stake.
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As a UK employer, it is your responsibility to ensure that any migrant workers from outside of the EEA or Switzerland are operating with a valid UK visa.You must also have a Sponsorship Licence to employ any non-EEA or Swiss nationals in the UK on Tier 2 or Tier 5 Visas.
As a Sponsor Licence holder, you are required to keep up-date documents about all of your migrant employees which must be updated on a regular basis. You must also monitor to make sure that they continue to meet their visa guidelines.
If you do not comply with the responsibilities required of you by the Home Office there are a number of penalties which you or your business could incur.
- Having your UK Sponsor Licence revoked and being unable to hire migrant employees;
- Being given a Civil Penalty from the Home Office: this is a large fine and written letter of warning;
- Losing your reputation and credibility as a business or company; and
The licence you need depends on whether the workers you want to fill your jobs are:
- Tier 2 – skilled workers with long-term job offers
- Tier 5 – skilled temporary workers
You can apply for a licence covering either tier or both.
Tier 2 is for skilled workers who you want to employ long-term or permanently. It’s split into:
- General – the role must meet the job suitability requirements
- Intra-Company Transfer – for multinational companies which need to transfer employees to the UK
- Minister of Religion – for people coming to work for a religious organisation (for up to 3 years)
- Sportsperson – for elite sportspeople and coaches who will be based in the UK
Tier 5 is for skilled workers you want to employ on a temporary basis. It’s split into:
- Creative and Sporting – to work as a sportsperson (up to 1 year), entertainer or artist (up to 2 years)
- Charity Worker – for unpaid workers (up to 1 year)
- Religious Worker – for those doing preaching, pastoral and non-pastoral work (2 years)
- Government Authorised Exchange – work experience (1 year), research projects or training, for example practical medical or scientific training (2 years) to enable a short-term exchange of knowledge
- International Agreement – where the worker is coming to do a job which is covered by international law, for example employees of overseas governments
Our team of expert immigration lawyers offer high-quality, confidential legal and business guidance. This guidance will locate and resolve any issues in your current HR practices. This will then ensure that you do not receive any unwanted penalties from the Home Office.
We have a well-established reputation for Business consultation. As part of our Immigration Consultancy service, we will work closely with you and your business. Our expert immigration specialists will design a consultation package which is tailored to you. With it, we will ensure that every element of your HR processes is in compliance with Immigration regulations. With this, we will help you avoid any serious penalties or consequences.
We also offer immigration audit services to ensure your company’s practice is within regulation.