With the radical changes that have been implemented, and with the current climate still hazy, many businesses need their questions on business immigration answered. After all, a lot has changed in recent years, particularly in the wake of Brexit. And it’s understandable that many businesses around the country are turning to solicitors to help them navigate this new terrain.
There are many services, as well as advice and expert guidance, that business immigration solicitors can provide.
In this article, we’re going to help traverse these new waters, and help you comply with the complex immigration laws. We’ll talk about the process and some of the changes made. And we’ll discuss how you can make the journey less stressful, and avoid the potential harsh penalty fees or legal action.
What is business immigration law and how can it help my business?
There are solicitors who specialise in everything surrounding business immigration law. They specialise in assisting individuals and businesses, providing expert immigration advice on all sorts of matters relating to business immigration law. These include entry visas, work permit applications, sponsor licences, extensions and compliance matters and more.
They keep on top of changes in immigration law — which is especially important in these times as they seem to change from moment to moment. They understand the changes in commercial immigration legislation, and they work with their clients so that they can confidently navigate this complex area of law. Business immigration law is necessary for businesses who want to continue to recruit overseas talent from within and from outside the EU who wish to be guided through every step in the process and remain in full compliance with the law.
How has immigration law changed in the UK?
A lot has changed since the UK left the EU back in 2020. Laws and procedures around many different aspects of life have been unmounted and altered. Included in this was a massive overhaul in UK immigration law.
A new immigration system has been designed and has been implemented by the UK government which follows an ‘Australian-style’ points-based system. While before the UK left the EU, EU citizens, under EU law, could travel freely to and fro the UK with full rights to work, now everyone looking to move to the UK to work is subject to certain quality checks. In essence, it aims to treat everyone equally, regardless of where they come from in the world, and attract the best and the brightest.
The points-based system includes a route for skilled workers who have a job offer from an approved employer sponsor. And any job offered now needs to be at the required skill level of RQF3 or above (equivalent to A levels). Candidates will also be required to be able to speak English. Furthermore, those looking to come here must earn a certain amount. The current threshold is they must earn no less than £20,480 per year. This means that immigration routes for low-skilled workers have ceased.
However, short-term work visas are available for specific sectors, as well as investor, business development and talent visas for EU citizens.
What immigration issues could I face?
Every business must make sure they have the correct sponsorship licence for migrant workers. On top of being difficult to navigate, this can take away precious time and resources from a business. Business may face legal issues if they don’t follow the correct process, including, but not limited to:
- Applying for the wrong sponsorship licence and certificates of sponsorship.
- Failing to prevent illegal work and not complying with illegal working regulations.
- Having a sponsor licence refused, suspended or revoked.
The increased complexity and nuances involved in this process means that issues can arise more often. Solicitors can provide the much needed care and expertise in navigating these processes.
What services can solicitors provide on business immigration?
As we’ve just outlined, immigration law has become much more complex with many new hoops to jump through. But with the right help, it doesn’t have to be as daunting a process as it seems. Done the right way, in full compliance with the law, there’s still a wealth of opportunity available for migrants.
Solicitors specialising in business immigration can explain what you need for your precise requirements. They can help you make applications, and guide you through each step in the process. They’ll help you with correct formatting, and keep you updated throughout the entire course of your application so that you experience as efficient and stress-free a process as possible.
- Business owners in the UK who employ migrant workers.
- Individuals who want to start a business or invest in the UK.
- Any individual who wants to work in the UK.
- Businesses that want to set up a branch or subsidiary in the UK.
And they can assist with:
- Entrepreneur visas (Tier 1).
- Investor visas (Tier 1).
- Tier 2 general visas for skilled workers.
- Tier 2 intra-company transfer visas.
- Tier 5 visas.
- Staying compliant.
- Preventing illegal working.
- Home office compliance visits.