Top 3 Reasons Why You May Need a Corporate Immigration Lawyer

12 Dec 2022, 46 mins ago

A reliable UK corporate immigration lawyer is a strategic asset in any business owner’s or manager’s arsenal. Regardless of whether you are a UK-based company or an overseas business trying to expand or looking to do business with the UK, you should consider the below.

So, why do you need a UK corporate immigration lawyer?

Reason 1: Risk Management

Businesses in the UK who are found to be employing someone without the right to work can face very significant civil penalties – of up to £20,000 per illegal worker. A corporate immigration lawyer can advise you on how to protect yourself against this risk by carrying out compliance right to work checks, or if you are facing a penalty, can advise on how you may be able to mitigate the damage.

If your business employs, or is planning to employ, non-settled workers, it is likely that you have or are intending to apply for a sponsor licence. Sponsor licence holders need to comply with a range of duties to meet the conditions of their sponsor licence. This includes record-keeping and monitoring duties, and duties to update the Home Office on sponsored employees’ change of circumstances. Failure to fully understand and comply with these duties can cause your sponsor licence to be revoked, or your application for a sponsor licence to be refused. Your UK corporate immigration lawyer can advise you on how to stay compliant with your sponsor duties and prepare you for compliance visits.

Reason 2: Labour Resource Management

Employers across many industries are facing a shortage of suitable skilled labour. Those who have previously employed significant numbers of EEA workers have been particularly hit by Brexit. EEA workers who do not hold status under the EU Settlement Scheme now need to apply for UK visas like non-EEA workers to enter the UK for work. With the EEA labour resource pool gone, if your business now needs to recruit internationally to fill your vacancies, you should speak with your UK corporate immigration lawyer first to understand whether the position you’re looking to recruit for qualifies for a UK visa, which visa route is most suitable, the costs you have to bear, as well as find out  the approximate time-line of the visa application process so that you can plan ahead and ensure that you can expect to have your workers in place at the right time depending on your project needs.

Reason 3: Not Letting Opportunities Slip

In 2022, the UK launched the Global Business Mobility routes, the Scale Up and High Potential visa routes, and introduced significant changes to its nationality legislation.

Whilst the Skilled Worker route may be the most appropriate visa type for most potential employees, there may be other options that your workers/potential recruits can qualify for, which may bring benefits in terms of costs, flexibility etc. Consulting a UK corporate immigration lawyer will help you stay on top of these new developments, not let new opportunities slip by, and keep your costs down.

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2022