The law relating to Business Immigration is now relevant to all employers, even those who are not actively seeking to employ migrant workers. The introduction of Civil Penalties by the UK Border Agency in February 2008 for businesses failing to carry out the relevant pre-employment document checks and annual follow-up checks (where necessary) has led to tens of millions of pounds in fines for all sizes of business in a wide range of sectors. For those who are interested in sponsoring migrant workers registration as a Licensed Sponsor is obligatory and entails a number of onerous and administratively complex responsibilities.

OUR SERVICES

Hammonds is one of a select number of firms approved by the UK Border Agency to assist businesses in relation to Sponsor Licence applications. We are members of the UK Border Agency's Working Group on the Resident Labour Market Test. We also have high profile contacts at the UK Border Agency and at British Embassies and Consulates abroad enabling us to ensure that applications receive the highest level of attention where necessary and to seek clarification in respect of unusual and/or urgent queries that cannot be addressed through normal procedures.

• Our advice covers all aspects of the Points Based System including:

- Sponsor Licence applications and management including preparation for UKBA audits;

- Issuing Certificates of Sponsorship; and

- Visa and Further Leave to Remain applications under Tiers 1, 2, 4 and 5.

• We also advise on a wide range of ancillary issues including:

- Illegal working and recruitment procedures;

- Objections to and appeals against UKBA Civil Penalties;

- Immigration implications of TUPE;

- UK entry requirements for spouses, dependants and other family members;

- Indefinite Leave to Remain and Naturalisation applications;

- European Residence Permits and in-country registration requirements;

- Rights of free movement within the EEA;

- Schengen (business) visa applications across Europe;

- Immigration issues for start up companies in the UK; and

- The scope of business visa categories.

EXAMPLES OF OUR WORK

• Securing the re-instatement of a sponsor licence following suspension and down-grading through in-depth negotiations with the UK Border Agency, thus preventing the loss of millions of pounds in revenue for the client.

• Winning the second Appellant's appeal in NA [2009] UK AIT 00031 (a reported case on Tier 1 Maintenance)

• Advising a global communications company on the transfer of 18 key employees of various nationalities to different locations around the world as part of a rolling 3-year graduate fellowship programme.

• Issuing 15 certificates of sponsorship within one day for a multinational IT company.

• Obtaining a sponsor licence within 3 days for an entertainment provider.

• Successful review against a civil penalty for allegedly employing illegal workers which involved negotiating with senior level officials at the UK Border Agency.

OUR TEAM

Led by Annabel Mace, Hammonds' Business Immigration Team in London includes four specialist lawyers. The Team advises a wide range of blue chip and international clients. It has an expert knowledge and understanding of the UK immigration system and extensive experience of the legal requirements in non-UK jurisdictions within Europe and beyond. From ad hoc advice to full-scale project management, the combined expertise of the Team allows us to provide positive, practical, swift, commercial and decisive advice with active recommendations in each case, not just legal analysis.