Corporate Immigration for business purposes provides diverse elements of skill, expertise and talent across all sectors of the UK economy. Corporate immigration is therefore a crucial aspect of business practice, and our specialist team of immigration solicitors based in London have many years’ experience in helping businesses to bring the right staff to their UK organisation. Whatever your requirements, the expert immigration lawyers at Ackroyd Legal can help you.
- Business immigration in the UK – the five-tier points system
- The English Language requirement for business immigration
- The Resident labour market test
- Tier 2 General Work Visas
- Tier 2 Sponsorship Licence
Just like all other areas of immigration law, the rules regarding corporate immigration into the UK are very specific and are always strictly applied. Different employees will have very different visa requirements, and your corporate immigration lawyer will advise on the most appropriate option and guide you through the process, to give you the best chance of achieving a favourable outcome.
Our team of corporate immigration solicitors based in London can help you with all aspects of business immigration. Our services include, but are not limited to:
- Tier 2 sponsorship licenses for specialist staff
- Tier 5 sponsorship licences for temporary workers
- Visa applications, including the checking of all supporting documentation
- Helping you and your employees to understand the rights and duties of overseas workers in the UK
- Applications for extension of stay
- Applications for Settlement for long-term staff
- Appeals
Helping you to understand your responsibilities as an employer of migrant workers, including following a takeover or buyout.
Business immigration in the UK – the five-tier points system
Business immigration in the UK uses a points-based, five-tier immigration system to deal with the immigration status of people entering the UK from outside of the European Economic Area (EEA) for the purposes of work, study, business or training.
- Tier 1 – This category refers to “high-value” migrants with exceptional talent
- Tier 2 – This category relates to “skilled workers coming to the UK to take up a job offer, including international company transfers
- Tier 3 – This generally unused category refers to unskilled labour
- Tier 4 – This category relates to visas for students from outside the EEA
- Tier 5 – This category is used for applications by temporary workers such as religious workers and charity workers
The English Language requirement for business immigration
Some visa applicants will be required to meet the English Language requirement for business immigration, meaning that they will need to prove their level of ability in English when applying for a visa. This can be done by having already achieved an academic qualification in English, or passing an accredited English Language test. For more information and guidance on the English Language requirement for business immigration, please speak to one of our expert corporate immigration solicitors, who will be happy to help you.
The resident labour market test
The resident labour market test means that the position could not have been given to a UK national or settled person. If the job does not appear on the current Shortage Occupation List, you will have a duty to advertise the post before you can sponsor a foreign worker into the role. Your expert immigration solicitor at Ackroyd Legal can advise you on how to carry out the resident labour market test, in order to ensure that your obligations are fully met.
Tier 2 General Work Visas
When you wish to bring staff to the UK, Tier 2 General Work Visas enable you to sponsor skilled workers from overseas, to allow them to come to the UK in order to work for you, in a role that must be sufficiently skilled and pay an appropriate salary. The resident labour market test will apply, meaning that you will usually need to show that you have already been unable to recruit a UK national into the position. After five years’ lawful residence in the UK, your foreign worker may apply for Indefinite Leave to Remain.
Tier 2 Sponsorship Licence
In order to bring staff to the UK from outside the European Economic Area (EEA) to work for you on a Tier 2 General Work Visa, you must hold a UK Sponsorship Licence. The role to be filled must require a suitable level of skill and pay an appropriate salary. Your Sponsorship Licence will be granted for a period of four years, after which it may be extended.
In order to be eligible for a Sponsorship Licence, there are a number of criteria that will need to be met, including:
- You have no current convictions for immigration offences, or for certain corporate offences
- You do not have a history of past neglect of sponsorship duties
As a UK Sponsor, you will have a number of responsibilities, including:
- You must ensure that your workers are suitably qualified and skilled for the job, and retain copies of certificates and other documents
- You must ensure that the candidate is suitable for sponsorship. This means that the role must be sufficiently skilled and pay an appropriate salary. The resident labour market test may apply, meaning that you need to show that you have already been unable to recruit a suitable UK national into the position
- You must inform the authorities if you are aware that your sponsored workers are breaching the conditions of their visas
- You must have human resources management systems in place to continuously monitor the immigration status of your overseas workers, including keeping records up-to-date and retaining copies of their immigration documents. You must record their attendance and refer to the authorities if an issue arises
You can apply online for a Sponsorship Licence. Your specialist corporate immigration lawyer at Ackroyd Legal will be able to support and guide you through this process.
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