The Employment Team at Jacksons are able to provide prompt, practical and cost-effective business immigration advice and assistance to organisations considering employing staff from overseas.
As of 1 January 2021, the UK has introduced new immigration routes for applications to work, live and study in the UK. The UK’s points-based system treats EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy. Free movement with the European Union (EU) ended on 31 December 2020 and there are new arrangements for EU citizens.
The new points-based system includes a route for skilled workers who have a job offer from an approved employer sponsor. To be eligible, the vacancy will need to be at a required skill level which will depend on the sector and role in question. The applicant will also need to be able to speak English and be paid the relevant salary threshold. This will either be the general salary threshold or the going rate for the job, whichever is higher.
In order to sponsor a migrant worker, businesses require a sponsor licence. We can help with the application process and, once a licence has been granted, applying for and issuing Certificates of Sponsorships (CoS) using the Sponsor Management System (SMS). The business must be able to demonstrate that is an established entity in the UK and has appropriate systems in place to monitor the workers it intends to sponsor. Rejected application can be costly and cause delay so it is important to take advice at the outset.
The business immigration rules are complex and, right now, subject to change. It is essential that employers who want to recruit overseas workers to fulfil a role in their business or organisation ensure that they comply with the rules and their other legal obligations both during the recruitment process and throughout the employment relationship. Seeking appropriate legal advice and training relevant staff are important steps in ensuring compliance. Breaches can result in significant financial penalties being imposed, potentially causing reputational damage, as well as the sponsor licence being suspended or revoked.
The Employment Team has experience advising clients on business immigration matters including:
- Obtaining, maintaining and renewing Tier 2 and Tier 5 sponsor licenses and advising on sponsor duties;
- Carrying out ‘right to work’ checks;
- Avoiding discrimination while preventing illegal working;
- Checking and verifying documents;
- Providing management training on compliance with the immigration rules; and
- Clarifying the activities which business visitors to the UK can carry out.
We want to help businesses navigate the complex immigration rules as quickly and smoothly as possible. We understand the importance of recruiting the right person for the job without undue delay and if that person might be someone from overseas, we can help you to make that happen.
For further details on Business Immigration, please contact a member of our Employment Team.