Business Immigration

We'll keep you on the right side of business immigration law

Businesses in the UK often look for talent from inside and outside the UK. It’s imperative that they familiarise themselves and comply with immigration laws to bring in workers from outside the UK, or risk losing access to the skills they potentially need to run their business.

There are serious penalties if you do not follow the immigration rules, which can impact on your business’ ability to recruit the skills you need. We can help you navigate the processes, applications, and compliance issues that are relevant to you. We will focus on making sure that you understand your legal obligations, and help you to meet them.

We can help with:
Becoming a sponsor

When you sponsor migrant workers under the Skilled Worker and Intra-company routes, there are many rules to follow and obligations to comply with. Once you have established a role is suitable for sponsorship, the next step is to become a sponsor licence holder.

We can help you:

  • understand if a role is suitable for sponsorship
  • understand if your business is eligible to become a sponsor
  • become a sponsor
  • assign certificates of sponsorship
  • comply with your sponsor compliance obligations

Reporting obligations

The immigration rules impose requirements on businesses to update the Home Office when changes occur in your business.  Most of these are straightforward and easy to identify but changes to a sponsor’s corporate structure often go unreported.  We can advise you on the impact of and how to comply with the immigration rules where the is:

  • a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 involving sponsored workers
  • a merger or acquisition including share sale and asset purchases
  • other changes of ownership of your business

 

Even where the proposed change does not impact the immediate business, changes to a sponsor licence holder’s parent or holding company can also impact on a sponsor licence. There are rules on reporting and in some cases, requirements to obtain a new licence altogether.

We work closely with our tier 1 ranked corporate team to ensure a seamless, efficient and cost effective service when advising on the impact changes to your corporate structure can have on workers you employ from outside the UK.

Conducting an immigration audit

The Home Office can carry out compliance visits at any time – with or without warning – and will visit most sponsors at some stage. For this reason, it is important that sponsor licence holders are fully proficient in and are aware of their duties to be compliant.

Our immigration team can conduct an audit of your documents and HR systems to make sure you are compliant.

We will:

  • Provide you with guidance to help you adequately prepare for our audit.
  • Review your HR systems and employee records on the day to make sure they are appropriate.
  • Guide you through the type of questions you might be asked by the Home Office.
  • Provide a full report after the audit, detailing risk areas and action points.

Right to work checks

UK employers have a responsibility to prevent illegal working, by conducting right to work checks before employing someone (and during employment where appropriate). It is very important that employers get this right, otherwise they will not have a defence against a civil penalty for illegal working (which can be up to £20,000 per illegal worker). There are potential criminal liabilities as well if an employer knowingly employs an illegal worker (or should have known it was).

Businesses can find it overwhelming carrying out right to work checks, particularly given the different types of right to work checks that must be carried out depending on the circumstances. We can help by:

  • Advising you on the correct right to work checking process that needs to be followed.
  • Providing advice and training to HR and line managers on how to conduct right to work checks.
  • Undertaking a right to work check ‘audit’ to ensure you are conducting checks correctly.

Other immigration support

Our advice focuses on support for businesses.  Outside the right to work and sponsorship process, we can also help businesses understand:

  • how to bring non-UK nationals to the UK as visitors and what people can and cannot do under the visitor route when in the UK
  • how to bring interns or work experience students to the UK
  • the options for non-UK nationals coming to the UK to provide work under a contract
  • employing students including advice for businesses on work placements
  • employing people on Graduate visas
  • immigration due diligence on corporate transactions

“Capital Law Limited excels at handling business immigration matters for standalone clients, as well as on behalf of the firm's broader corporate client base. The team has a particular specialism advising employers on becoming and retaining sponsor status, as well as on tiers 1 and 2 of the points-based system''.

The Legal 500
2020