Immigration for Business
Immigration for Business
Our expert Employment team advises organisations on all aspects of business immigration. We provide clear and strategic advice on the full range of immigration-related issues, including applying for a sponsor licence, sponsorship compliance, using the sponsorship management system, Skilled Worker applications and right to work issues.
The UK uses a points-based immigration system that assesses applicants based on skills, qualifications, and potential contributions to the UK.
Migrants score points for various criteria, such as salary, knowledge of the English language and having a job at an appropriate skill level.
In most cases, including the Skilled Worker route, migrants must be sponsored by an organisation that holds a sponsor licence before they can apply to come to, or remain in, the UK for work.
Sponsor Licence
To obtain a sponsor licence, employers must apply online via the Home Office website.
As part of the application, employers must provide information about their organisation, select key personnel who will be responsible for the administration of sponsorship management, and pay the relevant fee. Applicants may be subject to on-site inspections or digital compliance inspections by compliance officers.
Immigration Compliance
Employers that sponsor migrant workers in the UK are subject to additional obligations while the migrant is working in the UK. The main duties and obligations can be summarised into 5 core areas:
- Monitoring immigration status and preventing illegal employment
- Maintaining migrant contact details
- Having a system in place for record keeping and recruitment practices
- Tracking and monitoring migrants (e.g. for sickness and other absences)
- Compliance with general sponsor duties
Each area contains further obligations with which sponsors must comply. We advise businesses on how to keep their HR processes compliant with these duties and obligations.
Skilled Worker
The most common business visa is the Skilled Worker visa.
The Skilled Worker route replaced the Tier 2 (General) route for non-EEA nationals, as well as for EEA and Swiss nationals (other than Irish nationals) following the end of free movement rights.
This route is employer sponsored and Skilled Workers need to score points to qualify for sponsorship. In summary, an applicant must score 70 points to be eligible for the visa. The 70 points consist of: –
- 50 points for mandatory “non-tradable” criteria, broken down into:
- Sponsorship (20 points):- the Skilled Worker must have a “Certificate of Sponsorship” assigned to them by their sponsor.
- Job at appropriate skill level (20 points):- the role must be skilled at graduate level (known as RQF level 6) or above (albeit there are some exemptions, such as the role is on the temporary shortage list or immigration salary list).
- English language (10 points):- the migrant must prove that they can read, write, speak and understand English. This must be to at least level B1 on the Common European Framework of Reference for Languages when they first apply to enter the UK.
- 20 points for “tradeable” criteria:
- Minimum salary (20 points):- the migrant must be paid at least (i) the salary threshold; (ii) the minimum hourly rate; and (iii) the going rate for the role.
These amounts can vary based on the job and the applicant’s characteristics, qualifications, and current immigration status.
However, the points available for the minimum salary are “tradeable”. This means that even if a role does not meet the minimum salary threshold for sponsorship (and so does not qualify for the 20 points on offer for salary), a migrant can make up the point deficit with other characteristics, such as if they are a “new entrant” to the labour market or the role is a shortage occupation on the Immigration Salary List, as well as other alternative options.
Business Visitors
Business visitors can undertake a variety of activities under the Visit (standard) visa for up to six months in any 12-month period. To qualify, individuals must:
- Intend to leave the UK at the end of their visit.
- Not intend to remain in the UK for extended periods through frequent or successive visits, or make the UK their main home.
- Genuinely seek entry for a permitted purpose (such as a business meeting or conference).
- Not intend to undertake prohibited activities (such as doing work for an organisation in the UK or being paid by a UK source).
- Have sufficient funds for the duration of their stay without working or requiring public assistance.
Restructures, Acquisitions, Mergers
When you buy a business you may also take on responsibility for its employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
This means that you could automatically acquire sponsored employees. You may need to conduct additional right-to-work checks, or become a licensed sponsor, in order to continue their employment lawfully.
How We Can Help
At Dutton Gregory, we offer a full range of legal services to help employers manage immigration issues.
Our specialist team of employment and immigration experts can help you:
- Apply for a sponsor licence;
- Comply with sponsorship duties and obligations;
- Navigate the Skilled Worker visa regime.
- Understand the complexities of the UK’s immigration system
We offer a range of business immigration training, including topics such as:
- Right to work/employment compliance
- Sponsorship duties
- Skilled Worker visas.
The Immigration Rules and the related operational guidance are complex, constantly changing and difficult to navigate. Always check the primary sources of law and guidance for up-to-date information
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