As an employer you should be aware of the following immigration-related areas of employment law:
Sponsoring skilled workers
The rules for sponsoring skilled workers are complicated. Employers need to assess whether a proposed employee qualifies for a Certificate of Sponsorship, how long they are able to stay and what the company’s record-keeping obligations would be. We help with Tier 2 applications by initially assessing whether the candidate qualifies and operating the Sponsor Management System. We advise on record keeping obligations and help employees with entry clearance or further leave to remain.
Immigration compliance visits by UK Visas and Immigration have increased recently. Organisations who do not meet the requirements can have their permission to sponsor workers revoked. Those who have employed workers without the correct immigration permission can face fines of up to £20,000 per employee. Moore Blatch advises on HR Systems and introducing systems which can meet UK Visa and Immigration requirements. We can inspect such systems at “health checks”, suggest changes to be made and make any necessary representations about this. For companies who have an existing difficulty in respect of immigration law, we propose solutions which address both how to address the issue and meet employment law obligations.
Companies seeking to sponsor workers in the UK need to register with UK Visas and Immigration in order to do so. UKVI assess the relevant HR systems and illegal working checks to confirm whether the company meets the requirements and will decide whether to approve the application accordingly. We assist companies in making applications to join the Register of Sponsors, which includes advice about the documentation needed, drafting of the application itself and checking the systems to be implemented.
Many education providers who enroll international students need to register with UK Visas and Immigration to provide the necessary sponsorship. There are several requirements to meet before an organisation is able to offer such sponsorship and the consequences of not meeting these can be serious. Moore Blatch has substantial specialist experience representing schools and universities and we can assist with both the licence applications and individual applications for students.
If you would like some more information on employer-based immigration issues please contact Simon Kenny, our highly experienced business immigration solicitor in the UK.