Immigration law changes frequently and it can be difficult to keep up to date. Following Brexit, many EU nationals now need visas to come and work in the UK, and existing employees may need to provide evidence of their residence rights in order to continue to work.

Keeping up to date with immigration rules can be time-consuming. After all, not every business can afford to have a full-time employee dedicated to immigration compliance. 

A business can find itself dealing with any number of immigration issues such as:

Verifying an employee's right to work in the UK  

This applies to both your current and prospective employees. Being aware of any limitations will ensure you avoid potential fines and legal complications. 

Right-to-work processes  

If one of your employees doesn’t have their visa in order, your business could incur a Home Office fine of up to £20,000. That’s why your right-to-work processes must be water-tight, and your staff trained in line with them.

Hiring international graduates from UK universities or recruiting from abroad 

This requires a Skilled Worker license. The application process and rules can be complex, but securing this license will help you access a global talent pool. 

Maintaining compliance and accurate records  

Once your business holds a Skilled Worker or Intra Company Transfer Sponsor Licence,  compliance is essential. By fulfilling these duties to the Home Office and keeping accurate records, you avoid losing valued staff. 

Complying with Home Office audit requests 

These can apply to businesses with Sponsor Licences and those without licences and often occur without warning. If one of your staff is unprepared, they may not understand what’s expected of them and this can cause unnecessary stress and panic 

Dealing with allegations 

When faced with claims of improper procedure, or the risk of Sponsor Licence suspension or revocation, you must respond quickly and accurately. Failure to comply can lead to Home Office interventions, including audits and sanctions. 

For Morton Fraser MacRoberts no question is off limits. It is a great support and explains everything fantastically to both myself and the new employees going through the visa application.

Chambers and Partners

The team worked empathetically and practically through a number of challenges over a lengthy period. The options and actions were clarified in order that a non-legal person could understand. A fee package was agreed in advance with all inclusions and exclusions.

Legal 500

Our expert team of immigration lawyers in Glasgow and Edinburgh can help solve your immigration issues as swiftly and cost effectively as possible. We will:

  • Quickly provide clear advice on right to work issues, and how to establish processes which provide your business with protection from Home Office fines and enforcement action.
  • Assist with applications to become a Licensed Sponsor with the Home Office and explain what is required of your business, and how to fulfil the compliance duties.
  • Preparing and delivering training to staff who will deal with immigration matters, including carrying our immigration compliance audits to prepare you for any unannounced visits from the Home Office.
  • Prepare or review visa applications on behalf of key employees.
  • If you do encounter problems, we have also successfully responded to Home Office suspension letters and enabled businesses to keep their Sponsor Licence despite being found to have fallen short of the compliance obligation.

If you would like to discuss how our immigration lawyers can help you and your business, please get in touch with our team.

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