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Employment Immigration Solicitors

When it comes to hiring workers from outside the UK, immigration and employment laws go hand in hand. We are experts in both. 
Whether you are an international company expanding to the UK, a UK business looking to hire global talent, or an entrepreneur seeking to establish your presence here, getting the immigration and employment requirements is essential.

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Sponsorship and Compliance Obligations

Under the UK Points-Based Immigration System, employers hiring workers outside the UK must obtain a sponsorship licence. To obtain sponsorship licence successfully, in tandem with our Immigration team, our Employment team will ensure that your businesses:

  • Conduct Right to Work checks to ensure compliance with immigration laws.
  • Maintain accurate records of employee immigration status.
  • Abide by employment laws when issuing contracts and ensuring workplace policies align with the legal framework.

Failure to comply with either employment or immigration laws can lead to penalties, including suspension or revocation of the sponsor licence.

Employment Obligations for Sponsors

Employers have to ensure that the terms of employment for sponsored workers comply with both immigration rules and UK employment law. For instance:

  • Job roles, salaries, and duties must meet the requirements of the relevant visa category (e.g., Skilled Worker Visa) as specified by the Certificate of Sponsorship.
  • Employment contracts must align with UK statutory rights, and they should contain additional clauses reflecting the terms of the sponsorship.
  • Employers must avoid discriminatory practices in contracts and workplace treatment. Sponsored workers must not face unfair treatment based on their nationality, visa status, or cultural background.

Sponsorship Reporting Duties

Employers holding a sponsor licence must fulfill strict sponsorship reporting duties as part of their compliance obligations under immigration law. These include:

  • Non-attendance: If a sponsored worker does not start their employment on the expected start date, this must be reported within 10 working days.
  • Unexplained absences: Any unauthorised absence of more than 10 consecutive working days must be reported.
  • Changes in employment: This includes promotions, job role changes, or salary reductions that do not comply with the worker’s visa conditions.
  • Employment termination: If a worker’s employment ends earlier than planned, including resignations or dismissals, this must be reported within 10 working days.
  • Breaches of visa conditions: If a worker breaches their visa terms (e.g., by working in a role not permitted under their visa), this must also be reported.

Sponsors must notify the Home Office of significant changes to the organisation, such as:

  • Structural changes: Mergers, acquisitions, or restructuring that affect the business.
  • Change of address: Updates to the company’s trading or registered address.
  • Key personnel changes: Any change in the Authorising Officer, Key Contact, or Level 1 User must be reported within 20 working days.
  • Business closures or insolvency: You are expected to report, without any delay, if the business ceases trading or enters administration.

Three Steps to Help You Achieve Compliance as a Sponsor:

  1. Maintain Records: We will help you to ensure that all sponsored worker and company details are accurate and up to date in the Sponsorship Management System.
  2. Regular Audits: Our Employment and Immigration team will conduct periodic checks of sponsorship and employment processes and compliance.
  3. Training: We will help you to equip key personnel with knowledge of employment and sponsorship reporting duties and procedures.

Listen to our podcast about immigration and employment law.

Tune in to hear practical advice and real-world examples to help you stay ahead of the legal requirements. Click below to listen to the full episode.

Preventing Discrimination

Employers must balance immigration rules with UK anti-discrimination laws by ensuring equality in their practices. For instance, when conducting Right to Work checks, businesses must avoid discrimination based on race or national origin, treating all employees equally during the hiring process regardless of their nationality. Employers are required to comply with the Equality Act 2010, which mandates that sponsored employees receive the same protections and opportunities as their colleagues.

Redundancy and Termination

When ending employment for an international worker, employers must consider the immigration consequences alongside employment law requirements.

  • Redundancy processes must adhere to employment law regarding fair dismissal and compliance with contractual or statutory notice periods.
  • Employers must notify the Home Office if a sponsored worker’s employment ends, which could affect the individual’s visa status.
  • If termination is related to performance or misconduct, employers must ensure a transparent and non-discriminatory process, while also documenting reasons for dismissal to address any potential challenges from either employment tribunals or immigration authorities.

Transfer of Employees Under TUPE

When businesses undergo mergers or acquisitions, immigration and employment law intersect.

  • Under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the rights of employees, including sponsored workers, must be preserved.
  • Employers must ensure that transferred workers remain compliant with immigration rules, including updating sponsorship details where necessary.
  • Businesses must ensure that any new employer has the appropriate sponsor licence to continue supporting the workers’ visa status, and they may need to review and amend sponsorship agreements or contracts to comply with both immigration and employment law requirements.

Global Mobility and Secondments

International assignments often require careful alignment of immigration permissions and employment rights. Employers must:

  • Ensure employees working in the UK under Global Business Mobility routes are covered by compliant contracts.
  • Confirm that visa terms allow for the intended duration and type of work while adhering to UK employment laws.
  • Uphold all statutory employment rights, such as sick leave, holiday pay, and notice periods, accordance with UK employment laws throughout the duration of the assignment.

Why It Matters

Non-compliance in either area can lead to severe consequences, including financial penalties, reputational damage, and restrictions on hiring international talent. Businesses need to integrate immigration and employment law expertise to ensure seamless operations.

By combining proactive planning, compliance monitoring, and legal advice, businesses can effectively deal with the complexities of employing international talent in the UK.

Why Choose our Immigration and Employment Teams?

  • Expertise You Can Trust: Our team combines in-depth legal knowledge with a practical approach to achieve results.
  • Tailored Solutions: We understand that every business is unique. Our advice is customised to your specific needs and goals.
  • Proactive Support: We keep you informed of legal updates and help you prepare for changes in legislation.
  • Client-Centric Approach: Your success is our priority. We pride ourselves on delivering clear, timely, and actionable advice.

Our law experts are here to help you

Marcin Durlak

Marcin Durlak

Managing Partner

Jarmila Entezari

Senior Associate

Alicja Bielawska

Solicitor

Marcelo Reale

Consultant Solicitor

For an initial consultation, call our UK International Solicitors on 0330 107 0106 or request a free call back.

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