Business Immigration

Advising UK Employers, Workers, Education Providers and Students navigating through the Home Office’s complex and ever-changing immigration rules and guidance can leave you frustrated. Our dedicated business immigration lawyers are always on top of the UK’s immigration laws, rules and guidance.

Our solicitors & barristers can manage your sponsor licence, business, work and student visa applications, helping to ensure success.

The Points Based System was introduced in 2008 and heavily reformed in 2020. It is based on employers applying to the Home Office (UK Visas & Immigration) for a Sponsor Licence and becoming registered sponsors. Once a business is a licenced sponsor, it will be added to the Home Office’s register of sponsors and it can then allocate Certificate of Sponsorships (CoS) to non-settled workers enabling them to work in the UK in skilled employment.

As at the beginning of 2016, Home Office statistics confirm that there are over 29,000 registered Sponsors all able to directly hire migrant workers. This is the only method of hiring non-settled workers in the UK and the Home Office have strict policies in place when considering whether a business should be granted a Sponsor Licence.

Our immigration lawyers have extensive experience in preparing Sponsor Licence applications for businesses/employers regardless of whether the employer is a start-up or large enterprise.

Once a business has been granted a Sponsor Licence, it will have access to the Sponsorship Management System (SMS). This online tool allows Sponsors’ to assign a CoS to migrants who wish to come to or stay in the UK. As a Sponsor, the SMS allows you to fulfil reporting duties for sponsored migrants.

Our business immigration solicitors are regularly instructed by businesses to undertake the functions of a Level 1 User and essentially undertake the businesses day-to-day sponsorship activities. This includes assigning CoS to migrants, applying for and assigning restricted CoS and renewing sponsor licences.

To avoid civil and criminal liabilities, all employers regardless of whether they are a licenced sponsor or not must understand who can work in the UK without permission. If a business is found to be employing workers who do not have the correct permission to work in the UK or who have restrictions on how many hours they can work, it will be penalised by the Home Office who have the power to impose a range of penalties.

Our business immigration team are regularly instructed by organisations who have received notice from the Home Office of a possible sanction. If you have been issued with a civil penalty/fine for employing illegal migrants, our expert immigration solicitors can consider your options with you including whether the penalty can be challenged or reduced.

If you receive a Civil Penalty Notice and you want to object, you will be given 28 days from the date given in your notice to do so. Our expert immigration team have considerable experience in preparing detailed representations objecting to the issuance of a penalty and/or the amount which is due under the penalty.

The UK is one of the leading business locations in the world; its proximity to Europe makes it a natural choice to locate for investors coming from outside the EU and it is home to London, the world’s leading financial centre. The UK’s Points-Based System caters for those wishing to invest in a business in the UK by way of a Tier 1 Investor visa.

If you are a high net worth individual who wishes to come to the UK on a Tier 1 Investor visa, our expert business immigration team can assist you with your queries and assist you in the preparation of an application to the Home Office. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements of the relevant Immigration Rules.

The Tier 1 Investor visa category of the Points-Based System is open to those migrants who wish to make a substantial financial investment in the UK. This route is attractive due to the fact that applicants do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. This route demonstrates the UK government’s desire to attract high net worth individuals to make substantial investments in the UK.

The UK is one of the leading business locations in the world; its proximity to Europe makes it a natural choice to locate for entrepreneurs coming from outside the EU and it is home to London, the world’s leading financial centre. The UK’s Points-Based System caters for those wishing to invest in a business in the UK by way of a Start-up or Innovator Visa (Previously the Tier 1 Entrepreneur and Tier 1 Graduate Entrepreneur routes).

If you are a high net worth individual who wishes to come to the UK on a Start-up or Innovator visa, our expert business immigration team can assist you with your queries and assist you in obtaining an endorsement and the preparation of the visa application. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements under Appendix W: Immigration Rules for Workers.

The Skilled Worker route has replaced the Tier 2 visa route of the Points Based System. This route is for migrants (including EEA nationals from 1 January 2021) wishing to work in the UK and it covers skilled workers with a job offer from a UK based employer. Migrants wishing to work in the UK must have a Certificate of Sponsorship from a UK Home Office licensed sponsor before they make their visa application.

Our expert immigration lawyers are regularly instructed by migrants wishing to work in the UK under the sponsored skilled worker routes as is evident by testimonials left by our clients. Under this route, you are able to bring your dependants with you or if they are already in the UK under an existing leave, they may be able to apply to switch to a visa as your dependent.

Our team are ready to meet with you to consider whether you meet the eligibility requirements to apply from abroad or in the UK and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation.

The Student and Child Student categories under the Immigration Rules Appendix ST: Student and Appendix CS: Child Student are for those international students (including EEA nationals from 1 January 2021) who wish to come to the UK to study and experience life and culture in the UK. There are two categories;  Student which is for students coming to the UK for post-16 education and Child Student which is for children between 4 and 17 years old coming to the UK for their education. Child Students can only study at independent schools.

Our expert team of immigration solicitors can assist you with the preparation of your visa application and ensure that you meet with all the requirements under this category of the Points-Based System. We can ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your application to the Home Office.

After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. UK Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category. Once you are granted ILR, after a certain period of time, you may be eligible to ‘naturalise’ and become a British citizen.

Under the Points-Based System, the immigration rules allow for certain visa holders to apply for Indefinite Leave to Remain (ILR) sooner than migrants in other categories. Our immigration solicitors are on hand to advise you on whether you are eligible to apply for ILR and if so when.

Our expert immigration lawyers are regularly instructed by migrants wishing to settle permanently in the UK or those who hold ILR and wish to apply for British citizenship. Our team are ready to meet with you to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your application with the requisite supporting documentation.

The UK’s Immigration Rules and Regulations coupled with the Home Office’s extensive guidance on visa applications can be quite complex to understand. Our business immigration team are routinely instructed by a business or work visa applicants who have had their applications refused either because the Home Office is not satisfied that they meet the requirements or that their applications are not accompanied with the proper documentation.

Our immigration solicitors and barristers understand that this can be a very stressful time in a migrants mind especially when they have to consider the impact the refusal will have on their business, work and family life. Our leading immigration experts are well versed with the Immigration Rules to ensure that applications are executed properly and if there are any issues, detailed representations are made to mitigate the circumstances.

On the occasions where clients have consulted with our team after their visa has been refused, our immigration team have been able to assess their situation and consider their options relating to challenging a decision by appeal or Administrative Review. In some circumstances, it may be necessary to challenge a decision by way of a Judicial Review (this may more usual for Sponsor Licence applications which were refused unjustly).

We are a UK law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02030110276.

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