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Business Immigration

HR Support & Training

HR Support & Training

The sponsor licence comes with several duties and responsibilities that the organisation must adhere to in maintaining the licence status. Even experienced HR teams can find it difficult to keep up with the latest changes in UK immigration law, policy and best practice. 

The Home Office regularly update their extensive lists of published guidance and appendices on sponsorship. It is therefore vital that any business employing migrants must be fully aware of their duties and responsibilities and the potential pitfalls of failing to act on what may initially appear to be routine or administrative issues.

We offer businesses a bespoke advice on compliance issues under the sponsor licence requirements to ensure that they can maintain their licence rating and ensure that the key personnel are kept updated on rule changes which affect your business.

As part of the sponsor duties, the organisation must report on any relevant changes for example, changes to your business structure or a migrants change of circumstances via the Sponsorship Management System (SMS) in a timely manner. The company must also retain certain migrant documentation to ensure full compliance with the sponsorship requirements.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting small businesses and multinational companies in sponsor licence matters including new applications, dealing with suspensions and revocations, HR & Compliance audits with action plans and training, sponsoring migrant workers as well as dealing with day to day sponsor licence obligations.  

Our service extends to all aspects of sponsorship, including conducting a mock immigration audit prior to any Home Office visits and providing an action plan or training the organisation on meeting sponsor compliance. We also offer bespoke sponsor licence assistance on retainer packages. Our compliance training may include:

  • Providing in-house training to your HR Department on SMS best practise, reporting and immigration updates.
  • Advice on immigration due diligence including right to work checks and the prevention of illegal working
  • Record keeping and monitoring duties
  • Advice on general recruitment, graduate recruitment and advertising in compliance with the Resident Labour Market Test.
  • Conducting immigration mock audits to assess organisation practices and systems against sponsor licence requirements and providing written action plan including expert recommendations
  • Provide recommendations on necessary HR, Recruitment and Attendance management softwares to improve ongoing practices
We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. We have the privilege of working with some of the most well-known companies in the world. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions

The maximum duration of Tier 2 General visa is upto six years unless an exemption applies. Individuals may apply for Indefinite Leave to Remain after spending 5 years under this category, if they meet all other requirements.

Any individuals granted with Tier 2 general visa cannot have recourse to public funds and can only work for their sponsor in the job as described on the CoS. Voluntary and supplementary employment are permitted. Individuals with this leave can also study as long as it does not interfere with their main job. Individuals granted with a Tier 2 leave can undertake supplementary employment of no more than 20 hours per week in the same profession and level as their main job or on a profession under the shortage occupation list. This must be outside of their normal working hours.
Tier 2 Cooling off period refers to the 12 months period applicants have to wait before they can apply for a Tier 2 visa again to re-enter the UK. This triggers when an individual was previously sponsored under Tier 2 by any employer in the UK, and they have left the UK and their visa lapsed or expired. There is an automatic refusal failing to adhere to the cooling off period.
The minimum salary requirement is set out by the relevant SOC codes. The common SOC code used is 2444 Clergy and the minimum salary requirements or this SOC code is of national minimum wage requirements.
The new PBS skilled worker visa will not apply to any EU nationals living in the UK by 31 December 2020. EU nationals and their families are eligible to apply under EUSS scheme up until 30 June 2021 and employers may continue to accept Passports and National ID cards as evidence of right to work up until 30 June 2021. All EU nationals who enter the UK to work from January 2021 will need to apply for permission in advance.
INSIGHTS
Tier 2 Sponsor Licence
Articles
Sponsored workers at third party premises

In the new Guidance there is an important, and perhaps overlooked, point for employers who allow their sponsored workers to out any of their employment duties at a third party’s site

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