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Advice to employers in the context of Brexit
Employers will be affected by changes in immigration law following Brexit, as freedom of movement will cease to operate in the UK. After 1 January 2021, the points-based visa sponsorship system which previously applied to non-EEA nationals was also extended to EEA and Swiss nationals and businesses were free to employ EEA and Swiss nationals. However, now if any UK business wishes to recruit from outside the UK it must obtain a sponsor licence. UK employers may wish to take certain steps now, which may place them in a better position to adapt to such changes now that they have taken effect.
Call now to speak to an immigration expert on 0203 5245439
Businesses already holding a sponsor licence
If your business is already a sponsor licence holder, and currently recruits from outside the UK or plans on doing so, you may wish to review your compliance and ensure the systems put in place operate smoothly and are prepared to deal with a potential increase in the number of employees requiring visa sponsorship.
Advice to EEA nationals already employed or residing in the UK
EEA nationals that were previously working in the UK before 31 December 2020 should have applied for the EU Settlement Scheme before the deadline which took place on 30 June 2021. The EU Settlement Scheme granted EU nationals that were previously employed in the UK to continue to live, work or study in the UK after the changes took place. Those on the EU Settlement Scheme will be eligible for settled status once they have been in the UK for 5 years.
If you have not already applied for the EU Settlement Scheme, there may be a chance to apply after the deadline as long as you provide a good reason for not applying before the deadline. Contact us for further information.
How can NA Law Solicitors help?
NA Law Solicitors can advise on how employers can safeguard their workforce post-Brexit. We can also provide advice on how to apply for a sponsor licence to continue employing migrants after Brexit.
NA Law Solicitors can help with the following:
- Sponsor licence applications
- Audit existing HR and record keeping systems
- Request and assign certificates of sponsorship
- Advise on the genuine vacancy requirement
- Audit existing HR systems to ensure that you are fully prepared for Brexit
- Advise on Right to Work checks as set out by the Home Office guidance
- Advise on Brexit-related issues faced by EEA national workers
- Provide workshops and seminar on how to organise your workforce post Brexit.
Why use NA Law Solicitors?
NA Law Solicitors has a successful track record of providing practical, precise and cost-effective immigration advice to businesses on all aspects of UK immigration law, including the impact of Brexit on your recruitment strategy and retention of existing work force.
Frequently asked questions (FAQs)
You need a sponsorship licence if you plan on hiring employees from outside the EEA.
To meet the requirements, you must:
- be a genuine business or sole-trader which is legally operating in the UK.
- be able to demonstrate a genuine need for migrant workers.
- have no unspent criminal convictions for immigration offences, money laundering, or fraud.
- not pose any kind of threat to the UK via your company or any of its personnel.
- not have a history of failing to carry out sponsorship duties.
- have organised HR systems and records.
The Home Office fee depends on the type of business you have. For small businesses and charities the Tier 2 sponsorship fee is £536. For medium and large businesses the Tier 2 sponsorship fee is £1476. You are a small business if you have an annual turnover of £10.2 million and less than 50 employees.
Some of the most common reasons for Tier 2 sponsor visa rejection are:
- Non-compliance with the Home Office security standards
- Failing the genuineness test
- Failing to retain documentation on sponsored migrant workers
The Home Office will award you with a license rating. Your business will be placed on the UK Sponsorship Licence register. You will be able to issue Certificates of Sponsorship. Your license will be valid for 4 years.
Applying for a Tier 2 Sponsorship Licence is a lengthy and complex process. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. We can help you adhere to your duties as a Tier 2 sponsor and steer you towards a successful outcome. Subsequently, NA Law can assist with the following:
- Tier 2 Sponsorship Licence applications
- Audit existing HR and record keeping systems
- Acting as a key contact and/or level 1 user for your Tier 2 Sponsorship Licence
- Advising on Right to Work checks as set out by the Home Office guidance
- Applying for a restricted or unrestricted CoS and assigning it to the relevant workers
- Advising on how to deal with closure notices and civil penalty notices
- Assisting multi-nationals to bring their overseas staff to the UK via the Tier 2 Intra-company Transfer visa route
- Advising on Brexit-related issues faced by EEA national workers
- Advising on all other corporate immigration matters
During the sponsor licence application, the Home Office may come to conduct a compliance visit at the company premises. Our specialist team at NA Law Solicitors can conduct a mock audit for you. This will decrease the chance of an unsuccessful sponsor licence. Contact us for further information, advice or guidance.
Most applications are dealt with within 4 weeks. UKVI will contact the applicant once a decision is made.
Prior to making a decision on a Student sponsorship licence application or as a means to ensure a sponsor is adhering to its Student sponsor duties, UKVI may make an unannounced visit to inspect the sponsor’s HR policies and confirm they have sufficient measures in place to fulfil their obligations.