Overview of the Business Immigration
Business immigration covers the immigration routes and legal requirements that allow businesses to recruit international workers, transfer employees and establish or develop operations in the UK.
For companies operating internationally, immigration can be an important part of recruitment, workforce planning and business expansion. The correct immigration route will depend on the business, the worker, the proposed role and the relationship between UK and overseas entities.
Business Immigration for Employers
UK businesses may need immigration advice when they want to:
- Recruit workers from overseas
- Sponsor Skilled Workers
- Transfer employees from overseas offices
- Establish a UK branch
- Expand an international business into the UK
- Manage an existing Sponsor Licence
- Transfer specialist or senior employees
- Review sponsorship compliance
- Support international employees with visa applications
The UK immigration system contains different routes for different business circumstances. Choosing the appropriate route at the beginning can help employers avoid unnecessary applications and delays.
Sponsor Licence Advice
Businesses that want to sponsor eligible overseas workers will usually need a Sponsor Licence.
Before applying, an organisation must establish whether it is eligible, which type of licence it needs and whether it has the appropriate systems and personnel to manage sponsorship.
We can advise businesses on the application process and the responsibilities that follow once the licence is granted.
Skilled Worker Sponsorship
The Skilled Worker route is commonly used by UK employers that need to recruit eligible international workers.
The employer must hold the appropriate sponsor licence, the role must qualify and the worker must meet the relevant immigration requirements.
Salary, occupation and sponsorship requirements should be considered before a Certificate of Sponsorship is assigned.
Global Business Mobility
International companies may also use the Global Business Mobility routes where they meet the relevant requirements.
There are currently five Global Business Mobility routes:
- Senior or Specialist Worker
- Graduate Trainee
- UK Expansion Worker
- Service Supplier
- Secondment Worker
These routes are designed for specific temporary business activities and international assignments.
The correct route will depend on the corporate relationship, the employee’s circumstances and the purpose of the assignment.
Business Expansion
An overseas business that wants to establish a new UK operation may be able to use the UK Expansion Worker route.
This route is intended for eligible senior managers or specialist employees of overseas businesses establishing a UK branch or subsidiary that has not yet started trading.
Where the UK business is already trading, another route may be more appropriate, such as the Senior or Specialist Worker route.
International Recruitment
Businesses recruiting internationally should consider immigration requirements before making a formal employment offer.
Factors that may need to be reviewed include:
- Whether the role is eligible
- Whether sponsorship is required
- Salary requirements
- The employer’s sponsor licence
- The worker’s immigration history
- Right to work
- Dependants
- Long-term immigration plans
Early immigration advice can help employers understand whether a proposed recruitment strategy is practical.
Corporate Restructuring
Immigration considerations can also arise during corporate changes.
Mergers, acquisitions, restructuring and changes to ownership can affect sponsorship arrangements, particularly where businesses employ sponsored workers or operate through linked UK and overseas companies.
Employers should review their sponsor obligations before implementing significant corporate changes.
Ongoing Compliance
Business immigration responsibilities continue after a worker receives permission to work in the UK.
Employers must comply with sponsor duties, maintain appropriate records and report relevant changes to UKVI. Failure to meet these responsibilities can affect the organisation’s sponsor licence.
How We Can Help
SWM Solicitors advises businesses on UK business immigration matters, from international recruitment and sponsor licence applications to worker sponsorship, business expansion and ongoing compliance.
We can assess your business circumstances, explain the available immigration routes and help you understand the requirements before you commit to a particular sponsorship arrangement.