UK Business Immigration
Chattertons provides specialist business immigration advice and support to businesses, schools, universities and colleges.
We help organisations hire workers from within and outside Europe. A large part of this is ensuring that clients’ recruitment processes are compliant with business immigration law, and that their record-keeping meets the strict Home Office requirements.
Our immigration solicitors’ work covers the full range of business, human rights and EU immigration law, with clients regularly instructing us to advise on:
- Sponsor licences
- Skills shortages
- International recruitment
- Business visit visas
- Study visas
- Investor and Entrepreneur visas
- Right to Work checks
Compliance and EnforcementA specialist area of law, business immigration calls for an understanding of the strict rules, the processes, and the potential consequences of getting some aspect of dealing with an overseas job applicant, employee, or student, wrong. The stakes are high; organisations that hire illegal workers face a potential fine of £20,000 per worker.
Our team provides the hands-on support that clients in all sectors need. We work with organisations in engineering, construction, care, performing arts, sport, further education, food, and retail, for example. And, with our help, they are making the right applications, and bringing the right overseas talent into their business, their universities and their colleges.
Clients often ask us.....
How do I know if my employee has the right to work?
The short answer is that this depends on their nationality and their status in the UK. Their right to work in the UK could be demonstrated by a number of different documents. There are also Home Office checks that you could carry out. For non-European workers, a valid visa document will be essential.
Clients often ask our business immigration lawyers to carry out the necessary checks because that provides the reassurance that the proper steps have been taken. Remember that an organisation that employs an illegal worker – and some do, because they do not understand the law or the intricacies of the processes that they must go through – face a significant fine.
How should I recruit people from overseas?
If you are looking to recruit European workers, that is usually very straightforward; European workers have the right of free movement and so they are able to come and work for you as they would if they were of UK origin. That being said, with Brexit on the horizon, employers may want their employees to have documented evidence of their right to work in the form of a residence card.
However, if the worker is non-British, is not an EEA national, and is not currently settled in the UK, their recruitment will be more of a challenge – but still possible, of course. You would need to get a sponsor licence, which would allow you to tap into the international workforce. Once a sponsor licence is in place, you could issue sponsor certificates to eligible international workers who would then apply for a business visa.
Our immigration solicitors advise businesses on the right approach for them (there are different types of sponsor licences available) and, once they have a sponsor licence in place, how they should go about retaining it. Sponsors have strict compliance obligations when it comes to, among other things, recruitment procedures (advertising is a common pitfall), record-keeping, and employee monitoring.
There is another way in which we can help. Our business immigration solicitors can be appointed as registered users of clients’ sponsor licence programmes, enabling us to run the recruitment process, including issuing the certificates of sponsorship to the successful job applicants.
We are a university that wants to enrol international students. How should we do this?
As with a business, the correct approach would be to obtain a sponsor licence. You should check to see it you already have Tier 4 licences in place; most universities do. If not, we will be able to advise you on this, and help you complete the necessary paperwork.
If we hold a sponsor licence, does that mean we can recruit anyone from anywhere at any time?
No. There must be a genuine vacancy, attracting a minimum salary threshold. Also, you must usually have tried to recruit within the UK; you need to be able to show that there is no British or settled worker here in the UK who is up to scratch and able to do the role. Certain occupations, categorised by the Home Office as ‘shortage occupations’, carry less onerous recruitment requirements.
The other point to bear in mind about sponsor licences is that they are intended to help employers recruit ‘highly skilled’ workers. There is no precise definition of this in the business immigration context, so there is room for debate about whether a person’s expertise is sufficiently notable. In broad terms, a highly skilled worker will usually be someone who holds certain qualifications and/or has practical experience in a particular field, whether that is sport, technology, academia, or performing arts (for example).
I am worried that our procedures may not be compliant. Could you help?
Yes. We work very closely with clients’ HR teams and, in the case of educational institutions also with their dedicated team for student admissions, to check the procedures that are in place. This is often part of an ongoing arrangement, but it can be a one-off exercise.
It would involve us spending time in your organisation, reading your paperwork, and speaking with the relevant people about the processes you use to ensure that the workers you hire, or the students you bring over to the UK, are legally entitled to be here and to be doing what they are doing. Our aim is twofold. Firstly, to ensure that you are Home Office compliant. Secondly, to assess your exposure to immigration law-related liability and, where risk exists, to reduce or eliminate them.
In some cases, clients ask us to carry out a ‘stress test’. This is an announced or unannounced visit to check how compliant their systems, processes and procedures are. Just as the Home Office might spring a visit on you, this acts as an important trial run. Flaws will be highlighted and we will then work with you to put things right.
What will the Home Office do if it finds our systems to be defective?
Your sponsor licence could be withdrawn, meaning that any existing international workers or students might have to leave, and you would not easily be able to hire international workers in the future.
In addition, a £20,000 fine can be imposed on an organisation that is found to have hired illegal workers. That is not only a hefty financial penalty; it can be a PR disaster, too. The public naming and shaming of those that have fallen foul of business immigration laws should act as an additional incentive to ensure that your house is in order.
Is there any defence to a business immigration law fine or other penalty?
Yes, defences can apply. The best advice we can give is to seek advice from a business immigration law specialist at your very earliest opportunity. As lawyers, we see every day the advantages for clients who speak to us before their matter has escalated. Early legal advice enables a proper strategy to be formulated - whether that strategy is to defend action on certain grounds, or to concede on the most favourable terms possible.