If you wish to employ someone who is not a British or Irish citizen, they might need sponsorship to work for you in the UK. There are two primary types of work visas:

• Skilled worker visa: This allows you to hire individuals for permanent roles within your UK business. The position must be classified under one of the Home Office's skilled Occupation Codes. Generally, the role must also offer a minimum salary of £38,700 per year, although exceptions may apply, such as for new entrants, roles in Shortage Occupations, or individuals with a PhD. If you received your certificate of sponsorship before 4 April 2024 based on the minimum salary requirement for the Shortage Occupation List, the minimum salary requirement is set at £29,000. Additionally, the individual must meet an English language requirement. 
• Global business mobility - senior or specialist worker visa: This enables you to temporarily transfer existing employees from your overseas offices to your UK office. The role must be sufficiently skilled and offer a salary of at least £48,500 per year or the minimum salary for the Occupation Code, whichever is higher. If the employee's salary is below £73,900, they must also have been working for you overseas for a minimum of 12 months.

The company will need to assign a Certificate of Sponsorship (work permit) to the individual, who can then submit their online visa application form.

To sponsor someone, your business must possess a sponsor licence. Our specialist immigration solicitors can assist you in obtaining your sponsor licence.

Is the individual currently in the UK or planning to join a family member who is an EU national residing in the UK? If the individual or their family member arrived in the UK before January 1st 2021, they might be eligible to apply for Settled or Pre-Settled Status under the EU Settlement Scheme. This status would enable them to live and work in the UK with virtually no restrictions. They must apply for Settled or Pre-Settled Status no later than June 30th 2021.

Did the individual frequently travel to the UK for work prior to January 1st 2021? If so, they may be eligible for a Frontier Worker Permit, which would allow them to continue regularly commuting to the UK.

If the individual does not qualify under the EU Settlement Scheme or for a Frontier Worker Permit, you might need to secure a visa for them under one of the Sponsored Worker categories to allow them to work for you in the UK. To sponsor them, you must have a sponsor licence.

If you already possess a sponsor licence, you should include any European offices or branches with shared ownership and control on the licence. This will enable you to transfer individuals from these offices to work in the UK under the Global Business Mobility Routes. Our business immigration team has experience in applying for sponsor licences and can provide assistance.

After Brexit, several business immigration laws in the UK changed, affecting both the European Economic Area (EEA) and Swiss nationals and their employers. Some of the significant changes include:

• End of Free Movement: With Brexit, the free movement of people between the UK and EEA countries ended. EEA and Swiss nationals are now subject to immigration control, similar to non-EEA nationals.
• Introduction of the Points-Based System: The UK government introduced a new Points-Based System that applies to both EEA and non-EEA nationals. This system evaluates visa applicants based on factors such as job offer, skill level, salary, and English language proficiency.
• Skilled Worker Visa: The Tier 2 (General) visa was replaced by the Skilled Worker Visa. This new visa category requires applicants to obtain a job offer from an approved sponsor, have the appropriate skill level, and meet the minimum salary threshold, among other requirements.
• EU Settlement Scheme: EEA and Swiss nationals who were residing in the UK before December 31st 2020, can apply for Settled or Pre-Settled Status under the EU Settlement Scheme, allowing them to continue living and working in the UK. The deadline for applications was June 30th 2021.
• Frontier Worker Permit: EEA and Swiss nationals who regularly commuted to the UK for work before January 1st 2021, may qualify for a Frontier Worker Permit, allowing them to continue working in the UK post-Brexit.
• Global Business Mobility Routes: New visa routes, such as the Global Business Mobility - Senior or Specialist Worker visa, have been introduced to facilitate temporary transfers of skilled employees from overseas offices to the UK.

These immigration law changes have significant implications for businesses looking to hire or transfer EEA and Swiss nationals to work in the UK, as well as for individuals seeking to work or live in the UK after Brexit.

Visitors to the UK are permitted to engage in limited activities, such as attending conferences, internal meetings, contract negotiations, and site visits. Employees of foreign companies can also visit the UK to provide training or advice to staff or serve as a consultant or troubleshooter on a short-term, one-time basis. However, they cannot engage in day-to-day work in the UK or supply goods or services to clients.

It is crucial to ensure that individuals visiting your UK office do not violate the terms and conditions of their visitor status. If the Home Office discovers any breaches, your business may face fines of up to £45,000 for employing an illegal worker - or £60,000 if this is not your first offence - and its sponsor licence could be downgraded or revoked. Anyone who knowingly employs an illegal worker can also face imprisonment for up to five years.

If someone needs to visit the UK office for work-related purposes, you should assess whether they qualify for a Frontier Worker Permit or if they need sponsorship under the Skilled Worker or Global Business Mobility categories. Reach out to our business immigration solicitors for guidance on the best course of action.

While it may be difficult, it is vital to ensure that your business meets all of the necessary requirements according to UK law. Non-compliance can have serious consequences for both the business and the individuals involved, even if they are unaware that they have broken the law. These consequences can be both financial and reputational, and as such, have a significant negative impact on everyone involved.

Specific penalties for businesses can include hefty fines and even criminal charges if they are found to be in violation of the law. Moreover, the company's reputation can be severely damaged, which can lead to a loss of business and potential clients. It may also result in the revocation of sponsorship licences, jeopardising the company’s ability to hire foreign talent in the future.

Individual employees who are non-compliant with immigration laws can face deportation, denial of future visas, or even imprisonment. In addition, they may be barred from re-entering the country for a certain period, which could significantly impact their professional and personal lives.

To ensure that your business complies with the relevant immigration laws and regulations, it is crucial to fully understand your responsibilities, and to stay up-to-date with the latest changes and requirements. This should include:

• Regularly reviewing your company's immigration policies and practices to ensure they are in line with current regulations.
• Offering training and education to your HR team and other relevant employees on the proper procedures for hiring, managing, and retaining foreign talent.
• Conducting internal audits to identify potential areas of non-compliance and providing recommendations for corrective actions.
• Seeking legal assistance on the preparation and submission of visa applications, ensuring that all necessary documentation is accurate and complete.
• Staying informed of any changes to immigration laws and regulations that may impact your business, and getting advice on how to adjust your practices accordingly.

JMW Solicitors can provide advice in all of these areas and represent your business in any legal proceedings related to immigration matters, such as defending against allegations of non-compliance or appealing adverse decisions.

By partnering with JMW Solicitors, your business can effectively navigate the complex world of immigration law and maintain compliance, thereby avoiding the negative consequences associated with non-compliance. Our dedicated team of business immigration experts is committed to providing tailored advice and support, ensuring that your organisation can continue to benefit from the valuable contributions of overseas talent.

If an employee's visa is denied or you encounter issues in the application process, it can create a challenging and stressful situation for both the employee and the business. As a business, it is essential to address these situations proactively and efficiently to minimise disruptions and maintain a strong workforce.

There are several options you should consider to address visa-related issues, which include:

• Seek legal advice: consult with an experienced immigration solicitor to review the specific circumstances of a visa denial or roadblock. They can help you understand the reasons behind the denial, assess the available options, and advise you on the best course of action.
• Appeal the decision: in some cases, it may be possible to appeal the visa denial or request reconsideration. Again, you should work with an immigration lawyer who can guide you through the appeals process. This may involve submitting additional documentation, providing further evidence to support the visa application, or addressing specific concerns raised by UK Visas and Immigration.
• Explore alternative visa options: if the initial visa category is not suitable or has been denied, consider exploring other visa categories that may be more appropriate for the employee's role and qualifications. A legal expert can help you identify and apply for alternative visas that could meet your business and employee's needs.
• Temporary remote work: if it is feasible, the affected employee could work remotely from their home country or another location, while you address the visa issue. This approach may help minimise disruptions to the employee's work and maintain business continuity.
• Re-apply for the visa: in some instances, you may be able to re-apply for the visa. This is typically the case when the visa has been denied due to incomplete or incorrect documentation. It is important to ascertain whether or not you can reapply after rectifying the issue. Ensure that the new application meets all requirements and addresses any concerns raised during the initial review to avoid this problem recurring.
• Plan for contingencies: if you hire overseas talent on a regular basis, develop a contingency plan for addressing visa-related issues, including identifying potential backup candidates for critical roles or adjusting project timelines to account for potential delays in obtaining visas. This should also include providing training to staff to ensure that they understand the requirements of the visa process and can avoid many of the most common pitfalls.
• Educate and inform: keep your HR team and relevant stakeholders informed about the visa application process and potential issues. Educate them on the importance of thorough documentation and timely communication with employees, legal counsel, and immigration authorities.

The best option for you will depend on your specific circumstances, so it is important to consult a solicitor at the earliest opportunity. The business immigration solicitors at JMW can help you to navigate the immigration process and effectively address visa-related issues to minimise the impact on both the organisation and the affected employee.