Business Immigration Services
AWH Solicitors offer business immigration services to UK businesses looking to recruit staff from outside of the UK and EEA.
With care and a great sense for business our immigration solicitors will be here to support you with any immigration issues your business could face.
Employers that breach their immigration duties will be served a civil penalty for illegal employment.
All employers have to make sure that all checks are carried out and that employees have permission to work legally in the UK.
By working with the expert business immigration solicitors at AWH Solicitors you can prevent any such penalties and ensure your business is fully compliant with UK law at all times.
An employers duty
As an employer you have the responsibility to prevent illegal working.
You need to ensure that you have sufficient evidence to prove each of your employees have the right to work in the UK.
Data and evidence of right to work should be stored safely and securely within your HR systems in compliance with the code of practice.
Applying for a sponsorship licence
During the process of applying for a sponsorship licence you can expect to receive a visit from officers of the Home Office’s UK visas & immigration section (UKV&I). These officers will check:
- That you have the processes and human resource practices in place that enable you to meet, and continue to meet, your sponsorship duties
- That you are compliant with an employer’s legal responsibilities towards the prevention of illegal working as well as other related immigration legislation
When an employer fails to check the right to work of employees
Failure to check the right to work for employees and failure to securely store documents provided to show evidence that the right to work checks have been carried out adequately can lead to fines of up to £20,000 per worker and/or imprisonment.
Eligibility to get a sponsor licence
To get a license, you should not have:
- Any unspent criminal convictions for immigration offences or certain other crimes, e.g. fraud or money laundering
- Any history of failing to carry out your sponsorship duties
UK Visas and Immigration (UKVI) are under a duty to review your application form and supporting documents.
The review process
The review process may involve the Home Office to visit your business to ensure that your business is eligible firstly to recruit and also to check whether you are a suitable employer to carry out the duties set by the Home Office.
Apply for your license
AWH Solicitors will apply for the license on your behalf. The details will then be posted out to the UKVI with the supporting documentation at the Home Office at Sheffield.
Documents to provide
Immigration Asylum and Nationality Act 2006
Section 15 of the Immigration Asylum and Nationality Act 2006 outlines the penalties that can be imposed by the Home Office if an employer is found to be employing a foreign worker without the right to work in the UK.
When can an employer be penalised
The Home Office must be satisfied upon review that the worker does not have permission to work, and that a contract of employment has been provided by the employer. Even if you are using contractors then you must have valid checks in place.
Sanctions other than fines could include criminal prosecution and the revoking of a business licence.
The aftermath of any such penalties will likely damage a company’s reputation as the business will be publicly named on the Home Office list of organisations facing sanctions.
Calculating the fine
The Home Office will consider the following factors of the breach when calculating the fine:
- Which checks have been carried out by the employer
- What evidence can be provided showing your active co-operation at the time of the investigation
- If there are any previous offences carried out by the organisation
- If you have fully and promptly disclosed evidence to the Home Office of suspected illegal workers
In-house compliance training
The Home Office code of practice on preventing illegal working applies to all employers in the UK which sets them a responsibility to prevent illegal working in the UK by ensuring that the workers have a right to work in their respective organisations.
The scheme sets out the penalties set for illegal working and restrictions on sponsoring non-EEA nationals to work in the UK.Read more about our audit and compliance services
UK Business Immigration Solicitors
In certain situations you may need to employ individuals from outside of the UK and the EU, as you simply can not fill certain positions due to our national skill shortages.
Our immigration solicitors are here to guide businesses like yours through the process of employing foreign workers and navigate the complexities of UK immigration law.
If you, as a business owner or manager do not comply with UK legislation regarding the employment of foreign workers you could face serious penalties.
Penalties for Businesses
Penalties include unlimited fines and even jail if it can be proven that you had a reasonable cause to believe that the employees did not have the right to work in the UK.
Reasonable causes to believe that an employee does not have the right to work in the UK include knowing about the employee not having been granted leave enter or leave to remain, knowing about the employee’s leave expiring, knowing that provided legal documentation is false or incorrect or knowing that the employee was restricted in the type of work they do, yet took on in your employment.
Our immigration solicitors can help you ensure you will never face such penalties by helping you navigate the complexities of UK immigration law.
Tier 2 – Sponsorship Licence
If you wish to recruit non-EU workers in your UK business for permanent or long term positions then your company must secure a Tier 2 sponsorship licence directly from the Home Office UK visa section.
This is an agreement that is set out between your company and the government in which you guarantee you will adhere to the compliance duties set by the Home Office for sponsoring migrant workers to the UK.
UK Immigration Law
If you do need to employ workers from overseas, you need to always be careful and ensure that you are compliant with UK immigration law.
Contact our expert business immigration solicitors for further information and advice on your business’s immigration policies and procedures and to find out more about how we can help you.
Quality legal advice from expert business immigration solicitors will prove to be invaluable to you and your company if you choose to recruit international talent.
Due to the large amount of services and the complexity of each case we cannot provide any standardised fees without knowing a little bit more about your situation.
However, if you get in touch with us we can discuss in detail what charges you can suspect and what fees we will charge.
Full transparency at all times
We aspire to be completely transparent on pricing from the beginning, so none of our clients will ever be surprised at the end of the process.
Furthermore, we believe advice and support from our team of solicitors should be affordable to those in need.
This is why we provide competitive prices across our range of services.
|Immigration solicitor fees|
|30 minute consultation||£60 + VAT|
|Visit visa applications||From £700 + VAT|
|Entry clearance cases - spouses||From £900 + VAT|
|Extension of visas||From £900 + VAT|
Please be aware that cost may differ depending on your personal circumstances.
The consultation fee is discounted at the end of the case if we are instructed.
Our Promise to You
Approachable and friendly solicitors
We are committed to delivering a truly personal service that puts you and your wishes first. Our team will always be on hand to support you, regardless of the time or location.
Award-winning service across our fields of expertise
Our high standards of service are applied consistently across all of our departments. Regardless of your enquiry, you can expect to receive the best legal advice delivered in a sympathetic manner.
Advice tailored to your needs
We take the time to listen to your needs and offer guidance that is best suited to your current situation.
There is no ‘one-size-fits-all’ solution when it comes to any area of law; every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our reputation is largely built on the exceptional level of client care we continue to deliver.
Every case is handled with the utmost level of respect and many of our clients have recommended us after building an invaluable relationship with our solicitors.
Transparent on fees and processes
Transparency is very important to us as we want you to feel confident in our services.
We adhere to providing full transparency on fees, ensuring that you know exactly what you are paying for and keep you updated on the progress of your case along every step of the way.