Employers - are you Brexit ready?
Optimus Law
Optimus Law presents a step by step guide for applying for a sponsorship licence.
On 18 January 2017 Theresa May’s Brexit speech set out the UK’s 12 priorities negotiating Brexit:
- Provide certainty
- Take control of our own laws
- Strengthen the union between the four UK nations
- Maintain the Common Travel Area with Ireland
- Control immigration from the EU
- Guarantee rights for EU nationals in Britain and British nationals in the EU
- Protect workers’ rights
- Pursue free trade with European markets
- Strike new trade agreements with other countries
- Be the best place for science and innovation
- Continue to co-operate against crime and terrorism
- Seek phased process of implementation
Looking at some of the comments made by experts in the employment industry we can see that they share some very different opinions. “The reality is that we have a near-full employment; the idea that there are hundreds of thousands of UK nationals waiting in the wings to take these jobs is a fantasy.
“Instead of recognising this, the Prime Minister propagated the myth that immigration has had a negative impact on pay in the UK.”
We with our vast legal knowledge and human wisdom alongside decades of immigration experience we would strongly advise employers to err on the side of caution and be prepared!
Under the current UK Immigration law before an employer can employ a migrant worker they will need to apply for what is known as a Sponsorship licence.
To apply for a licence the employer will need to ensure that the business is eligible.
To get a licence you cannot have:
- unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering
- any history of failing to carry out your sponsorship duties
To be eligible for a licence the employer will need to have appropriate systems in to monitor sponsored workers:
Employers responsibilities
The employer must undertake the following checks:
- Check that your foreign workers have the necessary skills, qualifications or professional accreditations to do their jobs, and keep copies of documents showing this.
- Only assign certificates of sponsorship to workers when the job is suitable for sponsorship to discuss this contact optimuslaw.co.uk.
- You must inform the UK Visas and Immigration (UKVI) if your sponsored workers are not complying with the conditions of their visa.
If an employer you fail to take these responsibilities Your licence may be downgraded, suspended or withdrawn if you don’t meet them. For assistance with an application or in the event that your sponsorship licence is downgraded, suspended or withdrawn contact our experienced Immigration lawyers at www.optimuslaw.co.uk
The Employer is responsible for monitoring migrant employees.
You must have HR systems in place that let you monitor migrants if you need assistance with this contact our lawyers at www.optimuslaw.co.uk our lawyers are experienced in HR procedures and will be able to undertake a pre-audit:
Changes to your business
You must report any significant changes in your own circumstances within 20 working days. To enquire which changes must be reported, contact our Head of Business robina Shah at www.optumuslaw.co.uk
Our Experienced Immigration lawyers based in Birmingham, service clients from all parts of England, Wales and Scotland. Our lawyers have an excellent business approach to Immigration Law.
Optimus law looks at the law differently ensuring positive outcomes for our client.
Want to start the process?
“Optimus Law have the experience and expertise required to successfully advise clients on all matters pertaining to Immigration including employers’ requirements for EEA nationals, effects on Businesses due to Brexit and national status enquiries. To find out how we can help you, please call our Birmingham office on 0121 516 0288 to make an appointment with one of our Immigration team.
You can also click here to be directed to our online enquiry page.”