Immigration advice from our Specialist Business Immigration Lawyers are available and they are on hand to provide specialist immigration advice relating to the recruitment and employment of foreign employees. Trust is an important factor in a successful business relationship. This section explains the types of professional services we can provide to your organisation and to your clients. An assignment is never simply about immigration, we provide advice on application for work permits to migration management to strategising your HR policies to comply with UKBA regulations.
Our business immigration lawyers advise corporate clients on all aspects of business immigration advice relating to the recruitment and continued employment of foreign employees both from inside and outside of the EU.
In the modern workplace it is common to need the experience and expertise of certain specialist skills. However sometimes these skills are not available in the immediate location and the employer must look abroad to recruit. In this instance the employer must provide the appropriate legal documentation such as Certificate of Sponsorship (CoS) so that the employee is eligible to work in the desired location. This process can often be stressful and lead to a number of legal implications due to the sensitive nature of the desired recruitment method.
The immigration system in the UK is very strict and involves many different rules, that if not followed can cause issues for the employer and the employee. We can assist you with all matters relating to the immigration process to make sure you are confident with your employee recruitment.
Specialist immigration advice from ICS Legal Business Team
Our business immigration lawyers have a wide range of experience in corporate immigration law. We provide wide ranging advice to employers in relation to the UK Immigration Rules including:
- Advice on applications for sponsorship status.
- Transfers and secondments of foreign based employees to work for a UK employer abroad.
- The recruitment of skilled foreign workers.
- Transfers and secondments of employees to the UK.
- Verification requirements to ensure compliance with the UK Immigration Rules
- We provide immigration advice to all business sizes, both small and large multi-national businesses.
How ICS Legal can help you with your migration program
We have principles and rules that govern our behaviours and our qualities as individuals ensure we are here to provide the right solution to your requirements. As a legal firm dedicated in Immigration Law, our values help us create a unified image of our firm through consistent delivery of services.
Our team are involved on a number of projects which involves working closely with business managers and human resources team, supporting their business in a wide capacity. We work with small businesses companies to multi-national, our experience and knowledge in various industries equips us to provide the required support to your business. Our team are dedicated to meet your demands and provide an efficient legal service to your firm.
If you are looking to recruit an employee who is based in a foreign country our specialist business immigration solicitors can help you.
We are registered at level 3 with the OISC and able to conduct litigation work in line with OISC JRCM policy. We are vastly experienced in all aspects of corporate UK immigration, having all experienced first-hand the complexities associated with immigration policies and procedures throughout the world. This know-how and understanding makes it possible for us to offer you the most practical, straightforward and client-focused immigration services possible.
We know that every person and every company has different circumstances and different requirements, which is why we’re great at listening and explaining all aspects of the immigration process in a language that everybody can easily understand. We believe that by keeping things simple, and by being transparent, open and honest, we can provide you with the best immigration advice through a range of services tailored to your needs.
Immigration advice on Sponsor Licence applications?
Tiers 2 and 5 of the points-based system are the primary immigration routes for non-European Economic Area (EEA) migrants who wish to work in the UK. These migrants must be sponsored by an organisation or company that holds a Tier 2 and/or Tier 5 licence.
A licence is a permission given to an organisation to sponsor workers in its business. The organisation is known as a sponsor. Individual persons are not recognised as sponsors.
Sponsorship is based on 2 principles:
- those who benefit most directly from migration; employers, education providers or other bodies who are bringing in migrants, should play their part in ensuring the system is not abused;
- we need to make sure that those applying to come to the UK for work or to study are eligible and that a reputable employer or education provider genuinely wishes to take them on.
A migrant must have a sponsor before they can apply to come to, or remain in the UK for work. The same applies where a Croatian national who is already in the UK needs to apply for worker authorisation in the form of a Purple Registration Certificate.
Sponsorship plays 2 main roles in a migrant’s application for permission to come to, or remain in the UK to work:
- where appropriate, it provides evidence that the migrant will fill a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker;
- it involves a pledge from the sponsor that it accepts all of the duties expected when sponsoring the migrant.
When a sponsor is granted a Tier 2 or Tier 5 licence, significant trust is placed on them. With this trust comes a responsibility to act in accordance with the Immigration Rules. Getting immigration advice is important, you can contact our team on 0207 237 3388 to get some initial legal advice. Home Office have a duty to ensure that all sponsors discharge these responsibilities, and will take compliance action when it is considered that a sponsor has failed to do so, or otherwise poses a risk to immigration control.
How the sponsor licence system work?
Under the new system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom. The system consists of five tiers. Each tier has different points requirements. The number of points the migrant needs and the way the points are awarded will depend on the tier they are applying under.
A sponsor licence is valid for 4 years, after which it will expire. The only exceptions are if we revoke it or you surrender it before it expires. We reserve the right to take action against you if we have reason to believe you pose any risk to immigration control. The 4 years will run from the date your licence is granted.
Points will be awarded to reflect the migrant’s ability, experience, age and when appropriate the level of need within the sector the migrant will be working.
The role of the sponsor licence holder and getting immigration advice
Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful. If a United Kingdom organisation wishes to recruit a migrant under tiers 2, 4 or tier 5: Temporary Workers they will have to apply to us for a sponsor licence.
Under tiers 2 and 5: Temporary Workers, the sponsor will need to be a United Kingdom based employer.
Under tier 4, the sponsor will need to be a United Kingdom based educational institution. Migrants wishing to come to the United Kingdom under Tier 5: Youth Mobility do not require a United Kingdom based employer.
Tier 1 Entrepreneur business immigration advice
Tier 1 – Entrepreneur scheme – this scheme is suitable for a person wishing to and being able to invest into the UK economy at least £200,000 by taking up or starting a new UK based business. You will need to get involved into the business either as a director of the company or a self-employed person.
Applicant can obtain a loan in a British bank due to make £ 1 million investment if he has assets with estimated cost not less than £ 2 million (cash and assets belonging to the spouse or parents may also be taken into account when assessing the capital of the candidate). In this case, our partners – British banks can provide £ 1 million loan needed for the category investor. Visa Entrepreneur (Tier 1 Entrepreneur)
After 12 months of receipt of permanent resident status there is the possibility of filing an application for naturalization (citizenship of the UK) provided a sufficient knowledge of English, permanent residence in the UK and absence of outstanding criminal penalties.
In order for you to come to the UK or switch into Entrepreneur’s category, if you are in the UK already and permitted to switch, you will have to apply under so called Points Based System and score minimum 75 points for main attributes, as well as 10 points for your English Language skills and 10 points for your ability to meet maintenance requirements. You will not need a ‘sponsor’ in the UK and will not need to show that you have accommodation available to you here upon arrival.
A successful applicant will need to show that he or she has at least £200,000 of his/her own money available for investing into a new or existing business in the United Kingdom. The money should belong to you or to any member of your family or a third party, but you will need to demonstrate that the money is available to you and provide a declaration, from every contributor, confirming that the money is available to you or the business that you are going to invest into, together with a confirmation from a legal adviser or a lawyer confirming validity of such declaration.
The money should be held in one or more regulated financial institutions (regulated by the ‘home regulator’ being an official financial regulatory body in the country where the financial institution operates and the money is located, like the Financial Services Authority in the UK).
You must also demonstrate that the money is freely transferable to the United Kingdom and able to be converted to pounds sterling. In comparison with Tier -1 Investor, to successfully apply under this category you should also demonstrate that you have sufficient English language skills.