For most employers, recruiting global talents is to key to retaining that competitive edge in their respective industries. However, they face increasing immigration risks when recruiting migrants from outside the UK. In the third quarter of last year alone, the UKBA issued around £10.2 million in fines to employers in connection to employing illegal workers.
Importantly, 90% of those fines are totally avoidable. The penalties for recruiting illegal workers as well as failing compliance checks are considerable and best avoided.
Fundamentally, best practice recruitment involve creating a system that allows you to attract and retain the best candidate for a role. Where such an individual is not in the UK, the best solution for you may be to turn to the global market.
This has become a recurring theme in certain key industries like health, social care, construction, agriculture, etc., where domestic labour shortage evidently offer no solution to the skill shortage. The global market in this case, remains a better solution.
It is therefore important that as an employer you are aware of the risks that result when you hire a visa requiring employee. At every point in the recruitment process, the employer is faced with compliance risks.
This point relates to genuine vacancy. Notably, a number of employers had abused the sponsor licence privilege by simply employing vulnerable migrants just to abuse them. Or recruiting friends or family members just to help stay in the UK. This threat to immigration control is something the Home Office strictly watches out for. Getting it wrong at this stage is just one step closer to failure of both current and future applications.
The Home Office must be satisfied that the role in which you want to sponsor a migrant for is a genuine one.
This points relates to the RLMT - Resident Labour Market test. Apart from jobs on the shortage occupation list and Tier 4 migrants switching into Tier 2, employers must demonstrate that they have given the UK labour market a fair chance before looking abroad. To that end the UVVI require that the job role be advertised for a minimum of 28 days.
Through the details of the job advert, employers must show that the job that they are recruiting for is a sponsorable one. A job may be sponsorable if it is a skilled role that is at or above level 6. The job advert must be placed in at least two of the following places: -
It is important to keep proof of the posting and closing date. We recommend that the opening and closing date should be included in the body of the advert.
To ensure that your advert is compliant, the following must evident on the advert: -
It is important that the job description show that the job is a skilled one.
The following categories of persons are exempt from an RLMT:-
Persons whose salary offer is above £155,300
Current Tier 2 visa holders extending their leave under the same job and with the same employer
Jobs listed on the Shortage occupation list. Where the working hours is above 30 hours a week.
The interview process must be conducted in a manner that avoid discrimination. Also the employer cannot make assumptions about the interviewee's right to work on the basis of their ethnicity, accent, skin colour or length of time they have been in the country.
In addition, whilst the UK remains part of the EU, employers must also give applications from the EU equal weighting to applications by Britons.
An employer is not permitted to employ an individual who has no valid right to work in the UK. Employers must take reasonable steps to ensure that they not only check rights to work at the point of recruitment, but also set up a reminder to remind them of when next to ask carry out right to work checks. This should be few weeks before the right to work document expires.
At that point, the employee must either have an application lodged with the home office or must have obtained another right to work.
Your duties as an employer are as follows: -
Please note that the above checks must apply to all employees. Picking out individuals based on nationality may be grounds for discrimination.
How we can help
At Reiss Edwards, we have a team of expert corporate immigration lawyers with over 40 years' experience in assisting companies with Tier 2 visa applications as well as compliance and training for HR managers and in house teams.
Please contact us today if you need someone to conduct an immigration audit of your firm and then advice on necessary measures to put in place to ensure you remain compliant. We can also help with your Tier 2 and sponsor licence applications.
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Tier 1 Investor Visa - Business Immigration
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Indefinite Leave to remain - UK Settlement and
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Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
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My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
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I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.