Get in touch 0117 325 0526
Get in touch 0117 325 0526
Immigration law and processes can be complex and subject to frequent change. Our Business Immigration lawyers provide practical, specialist advice to businesses on UK immigration requirements, sponsorship and international talent mobility.
In partnership with our specialist Immigration Advice Authority (IAA)-regulated immigration colleagues, we provide a personal and straightforward service to help businesses recruit overseas nationals, bring employees to the UK from overseas offices and support international workforce mobility.
For UK employers, we can assist with the full sponsorship process, from assessing the appropriate immigration route and preparing a Sponsor Licence application through to supporting sponsored employees with their visa applications. We can also advise employers on their ongoing sponsor duties and help ensure that appropriate HR and compliance processes are in place.
Our immigration partner’s specialist knowledge and experience enables us to provide businesses with clear, practical advice throughout the immigration process, helping employers navigate the requirements and ensure that applications are properly prepared and supported by the relevant evidence.
Where businesses are moving UK or non-UK employees to overseas locations, our global immigration partner can provide specialist advice on the immigration requirements of the relevant jurisdiction and support employees and their families through the relocation process.
All UK immigration advice provided through our immigration partner is delivered in accordance with the applicable Immigration Advice Authority (IAA) regulatory requirements.
Since Brexit, any non-UK citizen must obtain a permit or visa to work in the UK. If you are employing a citizen of any country outside the UK you are required as the UK employer to act as a sponsor, under the UK government’s sponsorship scheme. A UK employer must apply to become a sponsor by applying for a Sponsor Licence. We offer a free consultation for clients wishing to consider applying for a sponsorship licence.
Formerly known as the Tier 2 Sponsor Licence, the UK sponsorship system allows eligible businesses to sponsor overseas workers through routes including the Skilled Worker route and the Global Business Mobility – Senior or Specialist Worker route. The latter replaced the former Intra-Company Transfer route and is designed for senior managers and specialist employees being transferred to a UK business linked to their overseas employer.
Obtaining a sponsor licence is a formal application to UK Visas and Immigration (UKVI). The process requires the business to demonstrate that it is a genuine and eligible organisation, has appropriate systems and personnel in place to manage sponsorship and can comply with its ongoing sponsor duties. UKVI may visit the business as part of its assessment.
A sponsor licence is not generally limited to four years. The requirement to renew a sponsor licence every four years was removed in April 2024. A licence will normally remain valid provided the organisation continues to meet the relevant requirements and comply with its sponsor duties.
Our Business Immigration Solicitors specialise in assisting UK businesses with the sponsor licence process. We advise on the appropriate sponsorship route, assess your eligibility, identify any potential immigration or timing issues, advise on the evidence required and assist with preparing and submitting the application.
We can manage the process from initial assessment through to submission and provide ongoing advice regarding your sponsor duties and compliance obligations.
The former Resident Labour Market Test (RLMT) has been removed. Employers are therefore no longer required to complete the previous prescribed advertising process or demonstrate that a suitable resident worker could not be found before sponsoring a Skilled Worker.
However, sponsors must still comply with their sponsor duties and must only sponsor workers in roles that genuinely meet the requirements of the relevant immigration route. The removal of the RLMT does not mean that a sponsor can create a role solely for immigration purposes or ignore UK employment and recruitment requirements.
The Skilled Worker route now generally requires the sponsored role to be skilled to RQF Level 6 (graduate level) or above. Certain roles below RQF Level 6 can still qualify where a specific exception applies, including eligible occupations on the Immigration Salary List or Temporary Shortage List, together with certain transitional arrangements for existing Skilled Workers.
The Immigration Salary List is being phased out and the Temporary Shortage List provides time-limited access to certain occupations below RQF Level 6. Employers should therefore check the current occupation lists and applicable Immigration Rules before sponsoring a worker.
The standard minimum salary for a Skilled Worker is currently £41,700 per year, or the applicable going rate for the occupation, whichever is higher. Different salary requirements can apply in specific circumstances.
For example, a lower salary threshold can apply to certain new entrants to the labour market, including qualifying applicants under the age of 26 and certain recent Student or Graduate visa holders. Under the new entrant provisions, the general salary threshold is £33,400 per year, together with a requirement to meet at least 70% of the applicable going rate for the occupation.
Other salary reductions may apply in specific circumstances, including for applicants with relevant PhDs, certain STEM PhDs, and eligible occupations on the Immigration Salary List. There is also an absolute salary floor of £25,000 for Skilled Worker applications where a salary discount applies. The precise salary requirement depends on the occupation and the relevant provisions of the Immigration Rules.
The Global Business Mobility – Senior or Specialist Worker route is available to overseas employees who are being assigned to work in the UK for a business linked to their overseas employer. The worker must have an eligible occupation and meet the relevant salary and previous employment requirements. The current general salary requirement is £52,500 per year or the applicable going rate, whichever is higher.
This route is intended for temporary assignments and does not provide a direct route to settlement. Where the worker earns less than £73,900 per year, they will generally need to have worked for the overseas employer for at least 12 months before applying.
The sponsorship system is subject to detailed eligibility, salary, occupation and compliance requirements, which continue to change. Businesses should establish the appropriate immigration route and check the current Home Office requirements before making a sponsor licence application or assigning a Certificate of Sponsorship.
Our Business Immigration Solicitors can advise on the most appropriate route, assist with sponsor licence applications and provide ongoing support with sponsorship and compliance requirements.
There is no annual limit on the number of Certificates of Sponsorship (CoS) that can be assigned under the Skilled Worker route. However, employers must hold an appropriate sponsor licence, meet the relevant sponsorship requirements and only assign a CoS where both the role and worker meet the requirements of the Immigration Rules. The removal of the annual cap does not remove the employer’s wider sponsorship and compliance obligations.
The former Tier 5 Temporary Worker routes are now referred to as Temporary Work routes. These provide immigration permission for individuals coming to the UK for specific, temporary purposes and include routes such as Charity Worker, Religious Worker, Government Authorised Exchange and International Agreement.
The eligibility requirements, permitted activities and maximum periods of stay vary depending on the specific route. Employers should ensure that the appropriate immigration route is identified before offering employment or assigning a Certificate of Sponsorship.
Obtaining a sponsor licence is only the beginning of an employer’s immigration compliance obligations. Sponsors must continue to comply with their duties throughout the period in which they hold a licence. These include maintaining appropriate records, carrying out and retaining required right to work checks, reporting certain changes and events to UK Visas and Immigration (UKVI), monitoring sponsored workers and ensuring that sponsored employment remains genuine and complies with the relevant immigration requirements.
UKVI can undertake compliance checks and visits, including without prior notice. Failure to comply with sponsor duties can result in enforcement action, including suspension or revocation of the sponsor licence.
We provide practical training to businesses on their sponsorship obligations, helping employers understand the Home Office requirements, the sponsorship management process and the immigration issues they are likely to encounter when employing overseas workers.
Immigration compliance is an ongoing responsibility. Our Business Immigration Audit provides an independent review of your sponsorship and HR processes, identifying potential compliance risks and areas where improvements may be required.
We can review your sponsor management systems, right to work processes, record keeping, reporting procedures and internal HR practices, helping you identify and address potential issues before they become a problem during a Home Office compliance check.
Employing UK and non-UK employees in overseas operations can involve complex immigration and employment requirements, which vary significantly between jurisdictions. Compliance is essential, as getting the requirements wrong can result in significant legal, financial and, in some cases, reputational consequences.
Our global immigration partner provides specialist advice on international immigration and talent mobility, helping businesses understand the requirements of the countries in which they operate or are planning to expand. They can advise on the appropriate immigration routes, sponsorship requirements and other immigration considerations when moving or employing talent internationally.
They can also provide support for employees and their families throughout the immigration process, helping to ensure that international assignments and relocations are managed as smoothly as possible.
Our global immigration partner can also work with businesses strategically on international talent mobility. Understanding the immigration environment in different jurisdictions can provide valuable insight when considering international relocation, expansion, restructuring or changes to overseas operations.
We are pleased to offer a free 20-minute initial consultation to discuss your international talent mobility requirements and plans and consider how we may be able to assist.
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