how can we help?

Blake Lapthorn's business immigration team provides invaluable and cost effective assistance to businesses and organisations in helping them overcome the complexities of the points-based system and employer responsibilities introduced in November 2008.

Discussing your current or potential business immigration issues with us early on may save you valuable time in the future by avoiding the pitfalls associated with sponsor applications. It can also help you identify the best route to employ someone who is from outside the European Economic Area (EEA). If you employ someone who doesn't have the right to work here then the civil and criminal penalties for non-compliance are significant. Reputational damage can be considerable, as the Government remain keen to crack down on illegal working and the UK Border Agency (UKBA) now publish on its website details of employers who have been issued with civil penalties for employing illegal migrant workers.

We will advise you as to the best entry route for your desired foreign recruit(s). It could be best for you to take advantage of the system of sponsor licensing, or your organisation could benefit from one-off advice. This might include an application for a self employment visa, an application for entry clearance under the youth mobility scheme or guidance on whether a Business Visitor Visa would suffice. We will point you to the appropriate immigration route which minimises the application cost and reduces management time.

We can:

  • assist you in applying for a sponsor licence, under Tier 2 (as an employer, sports club, or religious organisation), under Tier 4 (as an educational institution), or Tier 5 (as a temporary worker fulfilling primarily non-economic objectives; for example, working for a charity)
  • advise you on engaging individuals under Tier 1 and other non sponsored routes
  • provide recruitment checks so as to help ensure compliance with current legislation
  • assist with corporate issues such as business transfers and the rights and obligations of business visitors to the UK
  • advise in respect of any limits on the ability to work of prospective/current employees.

applying for a sponsor licence

Our service includes:

  • a pre-licensing legal audit service designed to ensure that your current procedures and systems are strong enough to meet UKBA requirements. Working with you, we will help you address any weaknesses identified within your HR system and provide practical steps to resolve these. This will help you prepare for the inspection visit that UKBA is likely to make as part of their assessment of your application for a sponsor licence
  • a post-licensing outsourcing service which helps you with the on-going administration, including a sponsor's new monitoring and reporting obligations including post termination obligations.

pre-licensing

Our pre-license audit service includes:

  • a meeting at your premises to audit employment procedures and systems to see if they are sufficiently robust to satisfy the UKBA’s requirements
  • an action plan to assist in rectifying any weaknesses identified in the HR system, with a second audit if necessary to assess implementation of the actions
  • advice and training as to the responsibilities of an Authorising Officer, who must be an employee of the sponsor organisation
  • assistance in preparing the application for registration as a licensed sponsor
  • liaising with UKBA as to the progress of the application.

post-licensing

Once your licence as a sponsor of foreign employees is granted, we can help you maintain it by:

  • advising you to ensure that your organisation is compliant with UKBA's requirements for regular and periodic reporting
  • advising on when you can issue a Certificate of Sponsorship to new employees
  • expiry date reminders
  • updating UKBA records (if acting as a Level 1 user)
  • issuing certificates of sponsorship (if appointed as a Level 2 user)
  • ongoing support and advice.

For more information on our business immigration services, please contact:

Gavin Jones, head of Immigration in London, on 020 7814 5495 or by email at gavin.jones@bllaw.co.uk.

Michelle Lawlor on T: 020 7814 6906 or email michelle.lawlor@bllaw.co.uk.