Immigration FAQs
Our Immigration team has put together a list of frequently asked questions around Immigration including the various types of visa, what the application processes entail, and the options for extension.
Whether you are a wealthy individual looking to move with your family, an entrepreneur choosing to expand your business, or an established organisation transferring employees from overseas, you should work alongside a team of immigration law experts who can provide creative, strategic guidance to make this process as smooth as possible.
Our team of immigration solicitors, based in London, offers a personal and tailored service to private clients and businesses. With a thorough knowledge of the UK immigration rules and by gaining a full understanding of your unique circumstances and priorities, we can determine the route which best fits your requirements from across the UK visa tiers. We then guide you practically and pragmatically through the immigration process, also advising on any relevant tax planning implications.
For high net worth individuals and their families making the decision to relocate, solutions may involve the Innovator, Start-up or Investor visa routes, student or working visas, and an application for a family visa for a partner and potentially children or other dependants. If you have already lived here for a time, our team can also advise on the extension of a UK visa or applications for permanent residence, indefinite leave to remain and citizenship.
We also provide innovative advice to businesses looking to recruit nationals from abroad or to transfer employees to the UK from an overseas office. This may include obtaining and managing a sponsorship licence for an employer, submitting applications for Tier 2 visas for sponsored employees under the points based system, arranging Tier 5 visas for temporary workers, or obtaining sole representative visas for companies sending their first employee to the UK to grow the business.
For businesses employing people from the EU or EU nationals running businesses in the UK, Brexit will require changes to be made to how your business operates. Our team can ensure you understand how Brexit affects your business and that you have a plan to address it. For individuals, our team can support you and any dependants in applying for permanent residency in the UK.
Please visit our price & service information page for more information regarding these services.
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Senior Associate
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Our Immigration team has put together a list of frequently asked questions around Immigration including the various types of visa, what the application processes entail, and the options for extension.
Since 31 December 2020, most UK businesses looking to employ non-UK residents now need to do so via the new “Skilled Worker” visa route. Read our latest guide on what you need to know if you employ non- UK resident workers.
The UK is one of the most straightforward countries in which to do business. However, it does have its own distinct business practices. Whether you are looking to set up a new business here or expand an existing one, this guide covers the key things you need to know to avoid potential pitfalls and get the most out of your investment.
Recent experience
Wealthier individuals can use the Tier 1 Investor visa route to come to the UK. By investing a minimum of £2m in UK trading companies, successful applicants can live, work and study in the UK. The rules governing these visas have been subject to recent revisions, so we advise applicants in navigating a course through the latest changes. We also combine this advice with careful estate planning, to minimise the exposure to UK taxes once the applicant is in the UK. Other recent changes have ended the Tier 1 Entrepreneur visa category, replacing it with new Innovator or Start-up visas. These visas are nascent concepts, so it is important that careful advice is sought to ensure a successful application.
Case study
Wealthier individuals can use the Tier 1 Investor visa route to come to the UK. By investing a minimum of £2m in UK trading companies, successful applicants can live, work and study in the UK. The rules governing these visas have been subject to recent revisions, so we advise applicants in navigating a course through the latest changes. We also combine this advice with careful estate planning, to minimise the exposure to UK taxes once the applicant is in the UK. Other recent changes have ended the Tier 1 Entrepreneur visa category, replacing it with new Innovator or Start-up visas. These visas are nascent concepts, so it is important that careful advice is sought to ensure a successful application.
Where a UK business holds a sponsor licence, it can employ overseas workers in the UK to carry out specific skilled roles. We advise employers on obtaining the relevant ‘certificate of sponsorship’ required for each visa holder and guide them and their future employees through the application process. Where necessary, this involves advising on compliance with the ‘resident labour market test’, whereby a role must first be offered to a worker from the UK or the EU, unless an exception applies. We also advise on ‘intra-company transfer’ visas, where employees of an overseas business come to work for a group company in the UK. These applications commonly involve contemporaneous applications from family members accompanying the main visa holder to the UK.
Case study
Where a UK business holds a sponsor licence, it can employ overseas workers in the UK to carry out specific skilled roles. We advise employers on obtaining the relevant ‘certificate of sponsorship’ required for each visa holder and guide them and their future employees through the application process. Where necessary, this involves advising on compliance with the ‘resident labour market test’, whereby a role must first be offered to a worker from the UK or the EU, unless an exception applies. We also advise on ‘intra-company transfer’ visas, where employees of an overseas business come to work for a group company in the UK. These applications commonly involve contemporaneous applications from family members accompanying the main visa holder to the UK.
Where UK businesses want to employ nationals from outside the European Economic Area and Switzerland, they are likely to need a sponsor licence to be able to do so. To be successful in applying for the licence, an employer must be able to show that it is a genuine and legitimate organisation, that it poses no risk to immigration control, and that it has robust systems in place to be able to comply with its sponsorship duties. We regularly advise employers on these applications, ensuring that they have the correct supporting documentation in place, that they appoint the relevant key personnel required for the licence, and that they have the necessary monitoring and record-keeping systems in place to meet their sponsor requirements.
Case study
Where UK businesses want to employ nationals from outside the European Economic Area and Switzerland, they are likely to need a sponsor licence to be able to do so. To be successful in applying for the licence, an employer must be able to show that it is a genuine and legitimate organisation, that it poses no risk to immigration control, and that it has robust systems in place to be able to comply with its sponsorship duties. We regularly advise employers on these applications, ensuring that they have the correct supporting documentation in place, that they appoint the relevant key personnel required for the licence, and that they have the necessary monitoring and record-keeping systems in place to meet their sponsor requirements.
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