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We are specialists in business immigration issues, with extensive experience in advising all types of businesses on the immigration law concerns which they face.  Our lawyers have advised all sorts of clients on these issues, from owner managed businesses and SMEs to household names.

Our aim is to simplify the complicated and ever-changing immigration law requirements which businesses face when recruiting and retaining staff.  On a day to day basis, we provide clear and concise advice so that you have peace of mind that your business is legally compliant.  If you need to recruit migrant staff into specialist roles, we can help you navigate the immigration system quickly and efficiently, so that you can get on with what matters most to you; running your business.

The services which we can provide include those listed below.

Preventing illegal working

We advise on all aspects of the illegal working regime to ensure your business is compliant with the law; avoiding the potential fines, criminal liabilities and damaging negative publicity of failing to do so.

We regularly help clients with:

  • Drafting and advising on policies and procedures for the recruitment and prevention of illegal working;
  • Assisting with document checking;
  • Carrying out “right to work” audits;
  • Helping manage any problems if/when they arise;
  • Challenging civil penalties.

 In conjunction with our corporate team, we are also experts in addressing the illegal working issues that can arise when businesses are bought or sold.

Preparing for and/or dealing with a UKVI inspection

We are very experienced in helping businesses prepare for Home Office inspections.  If you are faced with an inspection (whether pre-arranged or not) we can represent you during the process to try and mitigate any potential problems at an early stage.

We help clients with:

  • Auditing their business;
  • Carrying out Mock Home Office inspections;
  • Representation during Home Office inspections.

Tier 2 sponsorship

Sometimes businesses need the ability to employ migrant workers.  This might be because of a skills shortage within the EEA, or because they are an international business looking to transfer staff to work in the UK.   This will usually entail sponsoring staff under Tier 2 of the UK’s Points Based System.

We advise on this process from start to finish to help businesses obtain a licence and recruit the staff they need as quickly and easily as possible.  We then make sure you keep your licence, by advising on your ongoing obligations as a licensed sponsor.

Our work in this area includes the following:

  • Advising businesses on the Tier 2 licence application process;
  • Advising on the ongoing immigration law obligations once they become a sponsor;
  • Advising businesses on how to satisfy the Resident Labour Market Test;
  • Advising on applications for Restricted and Unrestricted Certificates of Sponsorship;
  • Obtaining work visas for sponsored individuals;
  • Advising businesses on any specific employment documentation required for sponsored migrants;
  • Advising on appeals against licence revocations/penalties issued by the Home Office.

 Again, we work closely with our corporate team to advise how buying or selling a business can affect sponsorship licences and/or sponsored staff.

Other business immigration issues

If sponsorship is not appropriate, we can provide advice and assistance with other potential options that give staff the right to enter and/or stay in the UK.  We can also help businesses manage any issues which EEA staff face given the decision on Brexit.

We can help in the following areas:

  • Advising on business visitors and alternative routes of entry;
  • Providing advice to potential investors and entrepreneurs under Tier 1 (which is an individual route of entry that is not reliant on sponsorship);
  • Helping EEA nationals secure their rights in the UK in advance of Brexit.

Advising on the overlap between immigration and employment law

Our immigration specialists are also specialist employment lawyers; this means they are uniquely placed to help businesses manage the tricky issues which can arise when dealing with immigration issues relating to staff.  For example, we can help businesses deal with dismissing sponsored employees to minimise any employment or immigration law liabilities; we can also help businesses avoid and/or manage the complicated discrimination issues which sometimes arise in this sort of scenario.

To find out more please contact, Associate, Laura Darnley on T: 0161 358 0541 or E: lauradarnley@hrclaw.co.uk.