In today’s world, businesses are expanding and extending beyond the boundaries of their countries into foreign markets with the advent of advances in Information Technology and Communications Technology. The world has become more and more interconnected. This has given a rise to the need of global expansion for companies looking to increase their profits in the domestic markets and markets abroad.
For a business operation to be successful on an international level, companies have to hire a workforce that is best equipped and has the sufficient experience and qualities to help the company move forward. Sometimes, it just so happens that the right kind of employees for your work force will come from outside the United Kingdom or even the European Union countries. You might also want to transfer over someone from your overseas branches due to the skill and promise that they show.
Hiring or transferring someone from outside your country and bringing them over to the UK can be a greatly advantageous move for your business to make as they have had exposure to a completely different set of working environment. The insight that they will bring into your company is invaluable for your company’s plans to grow further into their markets and strategize further expansion.
The problem with hiring foreign nationals is that the immigration laws in the United Kingdom are quite complicated and highly procedural. If you are not able to fully comply to all the rules and regulations pertaining to immigration laws, your company might face a lot of difficulties being able to hire much needed foreign nationals in your workforce and operate in the UK. It is necessary to hire lawyers that can provide your business with the adequate guidance to traverse the procedures without infringing on any laws and regulations for continued success. Here are the situations where you will need to hire the help of expert immigration lawyers:
- Sponsoring Migrant Workers From Outside the EEA
If your organisation wants to sponsor on a Tier 2 visa, whether a general application for newly hired staff or intra-company transfer for the staff you have already working for you overseas, you need to sponsor a license for them. Only after your sponsorship of their license will they be applicable to apply for the Tier 2 visa. The Home Office has highly complex advertising requirements which you may have to comply with in order to be able to show that you were not able to find the adequately skilled worker within the confines of the UK or the European Union.
- Hiring Migrant Workers Already in the United Kingdom
If your company wants to hire someone who might already be within the UK, for instance a person on a Tier 4 graduate visa or those who are working with another company on a Tier 2 General visa, you will have to apply to get the Tier 2 visa. Furthermore, you will have to appear on the Tier 2 register of sponsors and also have to hold a valid sponsor license to be able to do so.
- European Union and European Economic Area Nationals
The United Kingdom at the current point in time is in the thick of the Brexit. Because of that being in the process of realisation, the rights of EU and EEA nationals to be able to live and work in the United Kingdom are now in question. The United Kingdom is currently working towards a solution for that while it leaves the EU.
Those looking to set up a business or investing an amount of at least 200,000 pounds in a business will find it a difficult task to traverse all the rules and regulations. There is also a high refusal rate for the Tier 1 visa.
- Business Visitors
If you have overseas staff working outside the UK who are planning to work while they’re visiting the UK, you might want to be aware of what is and what is not allowed.
- Sponsor License Support, Suspensions and Revocations
Companies are expected to be completely compliant with the rules and regulations which are provided by the Home Office. The problem is that they are extensive and subject to regular changes. Their visits are unannounced so that also leaves no time to prepare for their visits.
- Citizenship and Individual Immigration
Lawyers also are able to provide guidance to individual and families from outside the EU/EEA regarding matters of immigration like applying for visas to stay and work in the UK.
Many investors try to apply for the Tier 1 visas which will enable them to invest and live in the UK.
- Compliance Audit and Training
Employing illegal workers can have severe consequences for your company. Criminal action can be taken against your company.
- Immigration Laws and Company Restructuring
Immigration implications of company restructuring or reorganising are very complex and the requirements of employment laws can differ.