Sponsoring migrants post BrexitAdvice to employers in the context of Brexit

While it is not yet clear how employers will be affected by changes in immigration law after Brexit, freedom of movement will almost certainly cease to operate in the UK. Therefore, the points-based visa sponsorship system which currently applies to non-EEA nationals could also be extended to EEA and Swiss nationals. UK employers may wish to take certain steps now which may place them in a better position to adapt to such changes if and when they occur.

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Businesses currently without a sponsorship licence

If your business currently employs EEA nationals in the UK or is planning on doing so, you may wish to apply for a Sponsorship licence now for future use. This is because the demand and processing times for Sponsorship licences is likely to increase closer to Brexit coming into effect. Applying for a licence now will give you more time and allow you to become acquainted with the requirements and obligations related to becoming a sponsorship licence holder and the duties you must fulfil in order to maintain it.

Businesses already holding a sponsorship licence

If your business is already a Tier 2 Sponsorship licence holder, and currently employs EEA nationals 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

If your business already employs EEA nationals, you may wish to advise these individuals to take the following steps to help secure their immigration status before the UK leaves the EU:

  • apply for Permanent Residence in the UK, if the EEA nationals have been lawfully and continuously resident in the UK for 5 years.
  • check their eligibility for Permanent Residence if they have not been resident in the UK for 5 years and apply at the earliest possibility.

Obtaining Permanent Residence is equivalent to Indefinite Leave to Remain and gives EEA nationals permanent residency rights in the UK. This will leave them unaffected by any end to free movement post-Brexit.

How NA Law Solicitors can help

NA Law Solicitors can advise on how employers can safeguard their workforce post-Brexit. We can provide advice on how to apply for a Tier 2 Sponsorship licence to continue employing migrants after Brexit. NA Law Solicitors can help with the following:

  • Tier 2 Sponsorship licence applications
  • Audit existing HR and record keeping systems
  • Request and assign Tier 2 certificates of sponsorship
  • Advise on the Tier 2 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.

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