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Business immigration

As employers increasingly look for ways to widen the talent pool in a competitive labour market, operating within the UK's immigration rules on employment is vital.

We regularly advise businesses in relation to a wide range of immigration issues that arise before, during and after the employment relationship.

And while Brexit remains high on the agenda for UK employers, immigration advice for businesses is not limited to the UK's relationship with the EU. Find out more about some of the areas where we can advise your business.

Our expertise

EU workers' rights

We regularly advise businesses on the implications of Brexit for their EU workforce, the requirements of the EU Settlement Scheme and the practical steps that can be taken in this ever-changing environment.

Recruitment

We advise employers in relation to possible discrimination risks in recruitment practices, as well as how these can be effectively mitigated.

Right to work checks and compliance with Home Office requirements

Employers can face fines of up to £20,000 per illegal worker, as well as possible imprisonment in the most serious cases, where employees are found to be working in the UK illegally. We regularly provide advice and training on the Home Office's requirements around right to work checks, as well as the processes to follow to best mitigate the risk of incurring illegal worker penalties.

Sponsorship of non-EEA nationals

Facilitating the employment of non-EEA nationals in the UK is an increasingly complex matter. We provide advice and practical assistance on the various steps that are often needed to sponsor non-EEA nationals to work in the UK.

Students

We advise businesses on right to work issues relating to Tier 4 (General) non-EEA students – in particular, limitations on working hours imposed by the Home Office and the circumstances in which these apply.

Uncertainties around continued right to work

Circumstances will invariably arise where there is uncertainty around whether or not an employee still has the legal right to work in the UK. We are well placed to advise employers on the process to follow in such circumstances, including the possibility of termination of employment in appropriate circumstances.

Recent experience

  • Advising an investment bank on a successful application for a Tier 2 (General) Sponsor Licence.We also advised in relation to Resident Labour Market Test advertising in order to facilitate the successful sponsorship of a Malaysian national into a key strategic role.
  • Advising a major UK online retailer on right to work issues in its supply chain involving non-EEA nationals working in the UK on the basis of EU passports.
  • Providing advice and assistance to a transatlantic financial services firm in relation to a business visit visa (which was successfully granted) to enable its US-based Head of HR to attend various meetings and presentations in the UK.
  • Providing advice to major UK pub chains on right to work issues in the context of liquor licence applications and franchising their operations.
  • Advising both a US-based communications business and a major UK media group on right to work issues in the context of misconduct dismissals.
  • Training for a Dutch-based bank and a global automotive/aviation manufacturer on the requirements of the EU Settlement Scheme.

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