Business Immigration

Whatever the size or complexity of your business KTS Legal in London can advise on all matters of corporate immigration. Our specialist team can help you find the most effective commercial solution to aid your company.


Our business immigration services include:

1. TIER 1 INNOVATOR VISA

Residence in The UK For Innovators Worldwide

The Tier 1 Innovator visa is aimed at those who can demonstrate relevant experience in business. It requires an individual to set up or run an existing business in the UK. The applicant must be at least 18 years of age and have at least GBP 50,000 in investment funds if they want to set up a new business. They do not need funds if their business is already established and has been endorsed for an earlier visa. The funding can come from any source.

The immigration rules distinguish between applicants who apply under the ‘new business’ criteria and those who apply under the ‘same business’ criteria. Individuals who go to the UK for the first time will need to apply under the ‘new business’ requirement.

Successful innovators are granted leave for three years at a time and can bring their family members to the UK. After three years, innovators can apply to extend their stay for a further three years or to settle permanently in the UK under indefinite leave to remain (ILR).

Criteria

Before one applies, one needs to have one’s business or business idea assessed by a Home Office–approved endorsing body. They will assess the viability of the business or business idea and, if approved, provide an endorsement letter to submit with the application.

You can apply for a Tier 1 Innovator visa if:

  • You want to set up or run a business in the UK. You need to have your business or business idea endorsed by an approved body.
  • You must have at least £50,000 in investment funds to apply for an Innovator visa if you want to set up a new business.
  • Your funding can come from any source.
  • You do not need any investment funds if your business is already established and has been endorsed for an earlier visa.
  • You meet the other eligibility requirements.
 
Eligibility Requirements
  • Applicants must invest £50,000 (reduced from the £200,000 needed for the entrepreneur visa) into their business and will be exempt from this requirement if they are switching over from a Tier 1 UK Start-up Visa.
  • Meet the English language requirement.
  • Be at least 18 years old.
  • Be able to prove that you have enough personal savings to support yourself while you’re in the UK.
 
Documents You Must Provide
  • You will need to provide an ‘endorsement letter’ to show that an approved body has assessed your business or business idea.
  • You also need to provide:
    • An endorsement letter on about your business idea, from the Home Office approved list of endorsing institutions.
    • A current passport or other valid travel identification
    • A bank statement showing you have had at least £945 in savings in your bank account for 90 consecutive days before you apply.
    • You must prove that you meet the English language requirement.
    • Show evidence of your investment funds (if you are setting up a new business)
    • Must have tuberculosis test results if you are from a country where this is needed.
    • You also will need a blank page in your passport for your visa.
Key Advantages
  • International business environment — London is the financial capital of the world.
  • Attractive tax regime for high-net-worth individuals who are resident but not domiciled.
  • Direct international flight connections to almost all major cities in the world
  • World-renowned schools and universities
  • Eligible to apply for permanent residence status after the completion of the required period.
  • Reduced Investment of £50,000 compared to £2 million in Investor visa.

We will provide you with tailored advice to your specific case scenario to ensure that the Immigration Requirements are met. Please do not hesitate to contact us should you require any assistance with your application.

2. START-UP VISA

Are you an aspiring business professionals and entrepreneurs who does not have the requisite funds for an investor or innovator visa?

Well, you can put your worries aside, as the UKVI has recently started a new category of visa called the Start-Up visa.

What is a Start Up Visa?

Start-Up visa is defined by the Immigration rules as:

“This category is for people seeking to establish a business in the UK for the first time. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. This category offers leave for 2 years and does not lead directly to settlement in the UK, but applicants may progress into the Innovator category.”

This category is best suited for individuals who have neither any business experience nor nay established business and are looking to take their initial steps in establishing a business.

Benefits of Start-Up Visa

The biggest give away of this visa category is that there is no requirement for an applicant to show any minimum amount of investment funds unlike the Tier 1 Investor or Innovator categories. Applicants would just need to show savings of £1270 as part of the maintenance requirement. This amount will increase if dependents are included in the application.

The applicant does not need to be the sole founder of the proposed business and can be part of a team. Applicants granted this visa must intend to spend the majority of their working time in the UK developing their business venture(s) but will not be restricted from undertaking other work as well.

Overview

You can apply for a Start-up visa if:

  • you want to set up a business in the UK.
  • you are from outside the European Economic Area (EEA) and Switzerland
  • you meet the other eligibility requirements.
Eligibility

Before you apply you need to have your business or business idea endorsed by an approved body. They will provide you with an endorsement letter if your business is viable.

You must also:

  • be at least 18 years old.
  • meet the English language requirement.
  • be able to prove that you have enough personal savings to support yourself while you are in the UK.
Getting Endorsed

You must be endorsed by an authorised body that is either:

  • a UK higher education institution
  • a business organisation with a history of supporting UK entrepreneurs

You must be able to show that your business idea is:

  • a new idea – you cannot join or invest in a business that is already trading.
  • innovative – you must have an original business idea which is different from anything else on the market.
  • viable, with potential for growth

Endorsement will be valid only if it is received from one of the Home Office approved endorsing bodies. For a full list of endorsing bodies, please click the following link:

https://www.gov.uk/government/publications/endorsing-bodies-start-up/start-up

Start-up visa application: How we can help

We have significant experience in preparing applications for individuals who wish to move to the UK for work and business purposes. A member of our specialist team will be on hand to help you with all aspects of the immigration application. For assistance, please contact us.

3. SKILLED WORKER VISA

From 01 January 2021, the UK’s new single points-based immigration system (‘PBS’) came into force and is now in operation. This system applies to non-EEA nationals as well. EEA & Swiss nationals (who do not qualify under the EU Settlement Scheme) can enter the UK under the PBS from 1 January 2021. The old PBS was effectively replaced from 01st December 2020.

Whilst announcing its plans to replace the PBS of the Immigration rules, the UK Govt stated that it would be a radical overhaul of the systems in place as it took steps toward “gaining control of its borders.” The new system has brought in a number of changes; however, the fundamentals in some of the categories remain the same.

The Skilled Worker visa has now replaced the Tier 2 General visa which was the route for Non-UK/EU nationals seeking to enter the UK on a work permit basis. The Skilled Worker visa functions much in the same way as the Tier 2 General. Some aspects of the Skilled Worker category are more generous as for example there is not any resident labour market (advertisement) process and the required skill level of the role has been reduced.

This visa allows overseas migrants who have been offered a skilled job to come to the UK for employment purposes. Individuals are eligible for this visa if they are from outside the UK and if their employer holds a valid Tier 2 Sponsorship Licence from the Home Office, which will allow them to assign a Certificate of Sponsorship reference number to the migrant.

For more information on the Sponsorship License Application process, please visit our page on Sponsor License Application

Eligibility Requirements

As a prospective Skilled Worker applicant, you need to ensure the following:

  • have a valid Defined certificate of sponsorship from your job (your company will apply for this and provide you with the number)
  • show that your job is at an appropriate skill level as per the relevant SOC Code.
  • show you are being paid an appropriate salary based on the going rates in Appendix Skilled Occupations List or Appendix Shortage Occupation list
  • prove your knowledge of English Language.
  • have enough personal savings (the minimum you must have saved is £1270 in your bank account for 90 days before you apply. This requirement is waived if your sponsor agrees to certify your maintenance)
  • show you can travel and prove your travel history over the last 10 years.
  • have tuberculosis test results if you are from a listed country.
  • provide a criminal record certificate from any country you have lived in for 12 months or more in the last 10 years if you will be working with vulnerable people.

You need to have an eligible qualification from a UK educational institution if you are switching from a Student Visa. This entails providing a valid Degree Certificate or Transcript.

Who cannot apply to switch to this visa?

You cannot apply to switch to this visa if you are currently in the UK:

  • on a visit visa
  • on a short-term student visa
  • on a Parent of a Child Student visa
  • on a seasonal worker visa
  • on a domestic worker in a private household visa
  • on immigration bail
  • because you were given permission to stay outside the immigration rules, for example on compassionate grounds.

You must leave the UK and apply for a Skilled Worker visa from abroad if you’re in one of these categories.

Certificate of Sponsorship for Skilled Worker Visa

One of the major changes in the new PBS is that the Resident Labour Market Test requirements have now been abolished and therefore employers are not required to advertise positions before offering the job to a person outside the UK.

Despite the abolition of the RLMT requirements, employers must ensure that there exists a genuine vacancy before assigning a certificate of sponsorship to the prospective employee. This is not a paper certificate but a computerised number. The type of duties to be performed by the proposed Skilled Worker must be set out in the employer’s job description.

The certificate of sponsorship can be either Defined or Undefined. Defined CoS’s are assigned to individual applying for leave to enter whereas Undefined CoS’s are assigned to individuals who are already in the UK.

Appropriate salary for Skilled Worker Visa

As a general rule, a sponsored worker must be paid at, or above, either the minimum salary (known as the ‘going rate’) for the occupation code relevant to their role, or the overall minimum salary for their circumstances, whichever is the highest.

The general threshold is £25,600.00 per annum. A Skilled Worker’s salary must equal or exceed both:

a) £25,600 or

b) the pro-rated going rate of the occupation code if higher than the above amount

Absolute Minimum rates

Regardless of the rate set out in the occupation codes, the absolute minimum salary rate under the Skilled Worker route is currently £20,480. Generally, workers must be paid a salary of at least £25,600 unless they can benefit from the tradeable points.

Tradeable points

The exact salary that must be paid is determined by a set of tradeable points.

Applicants can be paid between 70% and 90% of the usual going rate for the job if their salary is at least £20,480 per year and they meet one of the following criteria:

  • the job is in a shortage occupation; or
  • they are under 26, studying or a recent graduate, or in professional training; or
  • they have a science, technology, engineering, or maths (STEM) PhD level qualification that is relevant to the job (if they have a relevant PhD level qualification in any other subject the salary must be at least £23,040); or
  • they have a postdoctoral position in science or higher education.
Pro-Rating Salary based on Hours.

When considering the minimum salary according to the occupation code, sponsors should also take into account the number of hours of work the minimum is based upon. The majority of salaries are based on a 39-hour working week. However, there are some variations as set out in the occupation codes.

This calculation can become very important where the worker will be paid the exact minimum salary for their role. A worker who will be paid the exact minimum permitted salary under the code, but who will work more hours than stated (typically 39 hours per week), will be deemed to be paid less than is allowed.

This Visa may lead to Indefinite Leave to Remain (permanent residency) after completion of five-years of residence in this category (Please see our Individual Immigration page for further information on Indefinite Leave to Remain)

4. GLOBAL BUSINESS MOBILITY ROUTES

The Home Office brought in radical changes to the Intra-Company routes in the UK. New Global Business Mobility routes were introduced on 11 April 2022 which replaced the existing Intra-Company routes with the following new routes:

GBM: Senior or Specialist Worker: this will replace the Intra-Company Transfer route

This route takes the place of the current Intra-Company Transfer visa, a route for senior managers or specialist employees who are being temporarily assigned to a UK business linked to their overseas employer. The core eligibility criteria remain the same as with the ICT route, including in respect of evidencing common ownership between the UK and overseas entity and the length of stay. Applicants remain exempt from meeting the English language requirement via this route. However the amendments increase the minimum salary threshold to £42,400 per year (previously £41,500) or the going rate for the relevant occupation code (whichever is the higher).

To be eligible for this specific route, an applicant must:

  • be working for the sponsor group and have worked for that group outside the UK for a cumulative period of at least 12 months, unless they’ll be working in the UK as a high earner being paid a gross salary of £73,900 per year or more
  • have been issued a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a Senior or Specialist Worker and who has paid any required Immigration Skills Charge in full
  • have sponsorship for an eligible job at or above an appropriate minimum skill level, with an annual salary of at least £42,400 or the ‘going rate’ for that job, whichever is higher.
GBM: Graduate Trainee: this will replace the Intra-Company Graduate Trainee route

As with the above, this is a replacement for the existing sub-category within the ICT rules and applies to workers on graduate training courses who are required to undertake a work placement in the UK. The amendments to the original route are minimal, although the general salary requirement has slightly increased to £23,100 per year.

To be eligible for this specific route, an applicant must:

  • be currently working for the sponsor group at the time of the application and have worked for that group outside the UK for a continuous period of at least 3 months prior to the date of their application
  • have a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a Graduate Trainee
  • have sponsorship for an eligible job at or above an appropriate minimum skill level, with a salary of at least £23,100 per year or the ‘going rate’ for that job, whichever is higher, with clearly defined progression toward a managerial or specialist role within the sponsor organisation as part of a structured graduate training programme.
GBM: UK Expansion Worker

This is a new route for overseas workers who are senior managers or specialist employees, and are being assigned to undertake work related to expanding the business presence in the UK. As with the existing Sole Representative of an Overseas Business route (which closes to new applicants from 11 April 2022), this route can only be used where the business has not begun trading in the UK and is looking to assign senior individuals to establish a UK entity. However there are a number of core differences with the new route.

Unlike the Sole Representative of an Overseas Business provisions, the UK Expansion Worker route is not a route to settlement, and this may act as a deterrent for senior executives (given the disruption to families in relocating cross border without longer term certainty).

To be eligible for this specific route, an applicant must:

  • be currently working for the sponsor group and have worked for that group outside the UK for a period of at least 12 months, unless they’ll be working in the UK as a high earner or as a Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement
  • have a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a UK Expansion Worker
  • have sponsorship for an eligible job at or above an appropriate minimum skill level, with a salary of at least £42,400 per year or the ‘going rate’ for that job, whichever is higher.
  • Applicants will not, however, need to satisfy an English language requirement.
GBM: Secondment Worker

This is a new business immigration route for overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a “high value contract or investment” by their overseas employer.

The Secondment Worker Visa will be for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment. This is a new immigration route.

Second Worker Visa applicants will need to be currently working for an overseas business that has a contract with their UK sponsor that has been registered with the Home Office by the UK sponsor and have worked outside the UK for that overseas business for a cumulative period of at least 12 months.

Applicants will also need to have a valid Certificate of Sponsorship for the job they are planning to do, issued by an employer that is authorised by the Home Office to sponsor a Secondment Worker. The job will need to be an eligible job at or above a minimum skill level but applicants will not need to satisfy a salary requirement. Secondment Worker Visa applicants will also not need to satisfy an English language requirement.

GBM: Service Supplier

This route replaces the existing contractual service supplier and independent professional provisions in the Temporary Work – International Agreement route. Again, the eligibility requirements broadly align with the previous routes. The route applies to overseas workers who are undertaking temporary work assignments in the UK, where the worker is either a contractual service supplier employed by an overseas service provider or a self-employed independent professional based overseas. They will need to undertake an assignment in the UK to provide services covered by one of the UK’s international trade agreements.

Service Supplier Visa applicants will need to be currently working as or for an overseas service provider that will provide services to their UK sponsor and have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.

Their UK sponsor must have a contract with an overseas service provider, where that contract has been registered with the Home Office, and on which the applicant, as a Service Supplier, will work.

Applicants will also need to have a valid Certificate of Sponsorship for the job they are planning to do, issued by an employer that is authorised by the Home Office to sponsor a Service Supplier.

The job will need to be an eligible job at or above a minimum skill level but applicants will not need to satisfy a salary requirement. Service Supplier applicants will also not need to satisfy an English language requirement, but they will need to satisfy a nationality requirement.

5. SPONSOR LICENCE APPLICATION

Under extant Immigration Rules and the Points Based System in the UK, businesses/employers must make a Sponsor Licence application before they can employ non-UK workers. Businesses/Employers who do not have a sponsor licence will be unable to hire new workers from outside the UK or extend work permits for current migrant employees. A Sponsor Licence is granted for an initial period of 4 years following which it needs to be renewed periodically.

Businesses that already have sponsor licences in place prior to the change in rules, will have their licences upgraded automatically to the relevant categories under the new system. They are not required to submit a fresh application. E.g., A company holding a Tier 2 Licence will not be required to submit a fresh application and their licence category will be automatically changed to a Skilled Worker category.

Who may apply for a Sponsor Licence?

Virtually any business can become a registered Sponsor Licence holder and sponsor an overseas worker.

If you consider applying for a sponsorship licence, you will need to demonstrate that you have:

  • a genuine business,
  • a genuine need for the sponsor licence, and
  • a suitable system for prevention of illegal working and UKVI compliance
  • a robust HR system for monitoring and record keeping practices.

This is not much and most business would expect to be successful provided they have the right procedures in place.

What type of sponsor licence do you need?

There are essentially two categories of Sponsor Licence:

  • Workers and,
  • Temporary Workers

The licence you need depends on whether the workers you want to fill your jobs are:

  • ‘Workers’ – for those with long-term job offers.
  • ‘Temporary workers’

You can apply for a licence covering one or both types of worker.

Worker licence

A ‘Worker’ licence will let you employ people long-term or permanently. It is split into:

  • Skilled Worker – the role must meet the job suitability requirements.
  • Global Business Mobility – Senior or Specialist Worker: this is for senior managers or specialist employees being transferred by their overseas employer to a branch in the UK; it has replaced the Intra-Company Transfer route
  • Minister of Religion – for people coming to work for a religious organisation.
  • Sportsperson – for elite sportspeople and coaches who will be based in the UK.
Temporary Worker licence

A ‘Temporary Worker’ licence will let you employ people on a temporary basis. It is split into:

  • Charity Worker: this is for a person who wants to come to the UK to do voluntary work with a charitable organisation for no more than 12 months
  • Creative Worker: this is for a person who wants to work within the creative sector (for example, as an artist, dancer, musician or entertainer, or as a model in the fashion industry) in the UK for up to 12 months (with the possibility to extend for up to a maximum of 24 months if working for the same sponsor)
  • Global Business Mobility (GBM) routes:

a) Graduate Trainee: it has replaced the Intra-Company Graduate Trainee route

b) UK Expansion Worker: it has replaced the (unsponsored) sole representative provisions of the Representative of an Overseas Business route

c) Service Supplier: it has replaced the provisions for contractual service suppliers and independent professionals on the International Agreement route

d) Secondment Worker: this is a new route

  • Government Authorised Exchange: this is for a person who wants to come to the UK on an approved scheme for a period of no more than 12 or 24 months (depending on the scheme)
  • International Agreement: this for a person who wants to come to the UK to provide a service covered under international law, such as private servants in diplomatic households or employees of overseas governments and international organisations – workers sponsored on this route can stay in the UK for a maximum period of 2 years
  • Religious Worker: this for a person who wants to support the activities of religious institutions in the UK by conducting religious work, such as working in a religious order or undertaking non-pastoral work for a religious organisation, for a maximum of 2 years.
  • Seasonal Worker: this is for workers in the horticulture sector doing seasonal work in the UK with a sponsor (who must be an approved scheme operator) for up to 6 months in any 12-month period.

Please be aware that each class would have its own compliance and documentation requirements and therefore a prospective applicant should be clear that it has adequate systems in place to ensure that it can meet the sponsorship compliance requirements.

Sponsor Licence Application

The application for a Sponsor Licence is made online by the employer. Once the application is submitted, the employer has five days to post supporting documents to the Home Office. There should be at least four documents, prepared and presented in the right format. The documents are aimed at demonstrating that the application is made on behalf of a genuine business.

In a Sponsor License application, an organisation must evidence within their application that:

  • They are a genuine organisation operating lawfully in the UK.
  • Their key personnel named on the application are honest, dependable, and reliable.
  • They are aware of and capable of carrying out their sponsor duties i.e., they have appropriate human resources and recruitment systems and practices in place.
  • They are offering genuine employment that meets the Tier 2 (General) skill level and appropriate rates of pay.
Supporting Documents

As part of the application process, certain supporting documents are required to be submitted. These documents need to be submitted within 5 days from the date of submission of the Application for the Sponsor License.

Organisations that want to apply for a sponsor licence must provide all the relevant supporting documents as maybe required under Appendix A of the sponsor guidance. It is an appendix to the full policy guidance on sponsoring a worker or student. It lists the documents you must provide to support your application for a sponsor licence.

In most cases, you must provide at least 4 documents. You may not need to send 4 documents if you are a:

  • public body recognised by the UK Government, such as a local authority.
  • company listed on the London Stock Exchange Main Market

The documents must be the originals or certified copies. If you send certified copies, we reserve the right to ask for the original document. Any documents not in English or Welsh must be accompanied by a certified translation.

Examples of accepted documents may include:

  • the VAT registration certificate, a licence for the business premises,
  • HMRC issued documents,
  • employer liability insurance
  • Etc

The Home Office has strict requirements regarding authentication of documents that cannot be submitted in the original and failure to follow the authentication requirements may lead to the rejection of the document and refusal of the application.

For a complete list of the acceptable documents please refer to the following link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/878155/2020-04-03_Sponsor-guidance_Appendix-A_04-2020_v1.0.pdf

Post Submission Process

Following the receipt of the supporting documents, the company may then be subject to a compliance visit from UK Visas and Immigration, who will assess whether or not to grant the licence.

Companies will also be required to comply with the illegal working requirements which states that all non-UK employees are required to provide documentation that proves their right to work before being employed by a UK company and copies of this information must also be retained by the employer.

Once the assessment has been completed, the UKVI may then either grant or refuse the application. There is generally no right of appeal if the application is refused but the decision can be challenged by way of a Judicial Review.

It is therefore important that professional advice is sought to avoid any unwarranted decision which results in expenses and delay.

We at KTS Legal are highly experienced in helping employers with sponsor licence applications and renewals. We can manage the process on your behalf and deal with any questions you have relating to sponsor licence supporting documents to help you avoid delay or refusal of your application.

6. SPONSOR COMPLIANCE AUDIT

If you are a sponsor licence holder, you will be inspected by the Home Office at some point during the validity period of your licence. This is to make sure that the information you gave as part of your sponsor licence application is accurate and that you are able and continuing to comply with the duties and responsibilities of a licensed sponsor.

As a Sponsorship Licence holder, you have certain duties and responsibilities that you must carry out as set out by the Home Office in their policy guidance. Auditing and complying under your Sponsorship Licence is essential as Home Office scrutinises Licence holders rigorously. Even a slight human error can have drastic consequences for the business and on their ability to employ migrants from outside the UK.
Our team of experienced immigration solicitors and paralegals can draw on their experience of Home Office compliance requirements to conduct an immigration audit of your business ahead of any Home Office inspection and also provide you with regular training to prepare you for any potential audits in the future.
What happens during a home office compliance visit?
During a Compliance Audit, the officers will generally assess that:
• Information that has been given to UKVI is accurate and complete.
• You are able to offer employment at the appropriate skill level.
• You are genuine and trading or operating lawfully in the UK.
• There are no reasons to believe you represent a threat to immigration control.
• You are committed to, and are, complying with all the duties of sponsorship.
• You can expect your record keeping, reporting and immigration status monitoring processes and documentation to be reviewed to ensure that you remain compliant.
• Any employed migrants may or may not be interviewed.
The compliance officer may not give an indication of their assessment or your ability to comply with sponsor duties during the visit.
What else do I need to know about sponsor compliance visits?
The Sponsor Licence Audit and Compliance process is something you will need to familiarise yourself with to ensure that all requirements are being satisfied. This Audit takes place at the discretion of the Home Office and it may be either announced or unannounced. The Home Office generally conducts the audit post the grant of the Sponsor Licence; however, the Home Office may also visit your business premises to carry out the audit before a decision on your sponsor licence application is made. There is no limit to the number of audits that the Home Office may wish to undertake.
If you have more than one branch and the employment of your migrant workers are spread across all the branches, you should ensure that all authorised personnel in all the branches are aware of the possibility of unplanned and unannounced visits and checks being conducted at their premises and ensure their full cooperation.
Where the compliance officers discover a problem at the time of assessment, before deciding on your sponsor licence application, then your application may be refused. If the compliance officers find discrepancies in your application after a decision has already been made to grant or renew your sponsor licence, they will take action against you. This could result in your licence being revoked, suspended, or downgraded, with repercussions for sponsored employees.
The ratings of all licensed sponsors are on the Home Office website. A downgrade could result in negative publicity and reputational damage. In the event it is made out that there has been deception in your sponsor licence application then this could result in prosecution.
How can KTS Legal help you?
Our team of expert and experienced solicitors and paralegals can draw on their experience of Home Office compliance requirements to conduct a mock immigration audit of your business in advance of any Home Office inspection.
Knowing that your business is likely to be audited can be distressing for both the employer and the migrant employees. This is further accentuated due to non-preparedness for the audit. The slightest of discrepancies could lead to drastic consequences. It is therefore imperative that you have professional guidance on your side.
As part of our Mock Audit Training and Advisory services, our team will ensure that you, as a sponsor, are operating in compliance with the Government’s immigration compliance regime and are well prepared for a Home Office visit. Drawing on from years of experience we will provide you with invaluable insights into Home Office practice and procedure,
Our mock immigration audit entails:
• Verifying information that you gave on your sponsor licence application
• Checking your document management and record-keeping systems to ensure that you are complying with all your sponsor duties (or will be able to comply if your licence application has not yet been decided)
• Reviewing the personnel files of any sponsored migrants to identify any deficiencies and areas for improvement.
• Interviewing migrant workers in the event the Compliance Officers seek to question them.
• Conducting checks on other workers to ensure you are complying with your obligation to prevent illegal working.
During the entire process of audit, we will identify key areas which needs improvement and advise you on the steps to be taken. A mock audit allows employers and employees the opportunity to be familiar with the potential assessment that may take place.