Immigration and employment law is in a constant state of flux, requiring businesses to regularly adapt their procedures to ensure they remain compliant. Failure to do so could place your business and workforce in a precarious position.
Our team of expert solicitors is dedicated to staying updated on legal changes and forecasting potential future shifts. You can depend on us to offer cost-effective and current advice, ensuring the smooth operation of your business.
Whether you are a small company seeking to outsource your entire HR function or a larger firm in need of specialised support, we are here to assist you. We cover all aspects of immigration and employment law, offering you confidence and sharing the workload.
In the realm of immigration law, we provide comprehensive support, including but not limited to:
- Sponsor Licence Application: We guide you through the process of applying for a sponsor licence, making it as straightforward as possible.
- Sponsor Licence Compliance: Ensuring your ongoing compliance with your sponsor licence is a critical aspect of our service, protecting your ability to employ foreign workers.
- Overseas Recruitment Issues: We offer expert advice on overseas recruitment, helping you understand and select appropriate visa routes.
- Right to Work Checks: Keeping up to date with Right to Work checks is vital, and we ensure that you are well-informed and compliant.
- Formally Appointed Legal Representative: For sponsor licence holders, we can act as a formally appointed Legal Representative and Level 1 User, efficiently administering your sponsor licence.
- Training and Preparedness: Our training programmes empower your HR teams to identify weaknesses in your current approach and equip you to confidently handle unexpected changes.
In the area of employment law, we provide comprehensive support, including but not limited to:
- Employment Contracts and Handbooks: Our expert team can help with drafting, reviewing, and ensuring the legality of your employment contracts and handbooks.
- Disciplinary and Grievance Procedures: We guide you through disciplinary and grievance proceedings, ensuring adherence to proper procedures.
- Tribunal Claim Defence: In the unfortunate event of tribunal claims, our team offers expert representation to safeguard your interests.
- Absence and Sick Leave Policies: We can help create comprehensive absence and sick leave policies to ensure a smooth HR operation.
- Settlement Agreements: When it comes to drafting and negotiating settlement agreements, our experienced team is at your service.
For a comprehensive list of employment law areas we can assist with, please visit our Business Employment page. At Truth Legal, we are proud to have an experienced team of immigration and employment solicitors. Our extensive knowledge allows us to approach your case holistically, considering all the options and nuances specific to your unique circumstances.
Our commitment is to provide you with unwavering support and guidance, giving you the assurance that your business is in capable hands, ready to navigate the intricate realms of UK immigration and employment law.
Immigration Training
Whether you are a business, charity or members association we can provide you with comprehensive training on a wide range of immigration issues.
At Truth Legal, we pride ourselves on offering affordable and practical training so that you can be proactive in ensuring that your immigration practices are compliant. Our training will be tailored to your specific needs and can be delivered on-site or online depending on your requirements.
If you require specific assistance with common HR-related issues including sponsoring workers and right to work checks, we also offer dedicated HR support as outlined above.
Some of the areas we cover in our training are:
- General immigration overview
- Sponsoring non-EU nationals under a sponsor licence
- The future of immigration
- Right to work
We also provide training in various areas of employment law.
Right to Work
If your business employs workers from overseas, it’s crucial to verify that your employees have the legal right to work in the United Kingdom. Failure to do so can expose you to severe penalties, including hefty fines.
Why Conduct Right to Work Checks?
As an employer, conducting proper right-to-work checks is your safeguard against receiving civil penalty notices and associated fines. The fine for a ‘first offence’ is £45,000 per illegal worker, or £60,000 if you have a previous offence.
For sponsor licence holders, right to work checks are mandatory and failing to carry out proper checks is a breach of sponsor duties.
Online Right to Work Checks
Employers have been obligated to perform online right-to-work checks on individuals holding a biometric residence permit (BRP) or biometric residence card (BRC) since April 6, 2022. Simply photocopying the individual’s residence document is no longer acceptable. The Government also now routinely issues ‘e-visas’ that can only be accessed online.
This requirement extends to individuals registered under the EU Settlement Scheme, who must also undergo online right-to-work checks.
Your employee (or prospective employee) will need to generate a ‘share code,’ which can be obtained through this website. If the employee does not have a UKVI account (e.g., if they have a partner visa), they must obtain their share code through this website instead. Armed with the share code and the individual’s date of birth, you can conduct an online right-to-work check. Access the online right-to-work site here.
It’s important to note that when conducting an online right-to-work check, you still need to verify that the photograph provided online matches the individual. This verification can be done either in person or through a video call. Be sure to retain evidence of the check by saving the online page as a PDF.
If the worker’s leave to remain (visa) has a time limit, remember that you’ll need to perform a follow-up right-to-work check before their leave expires.
Visa Extensions and the Employer Checking Service
When someone has submitted a visa extension application, but the application is pending, how can you prove their right to work? In this situation, their leave to remain may appear to have expired on paper or digitally, but if they submitted their extension in time, their leave is legally considered ongoing.
This scenario often arises when you are considering a new hire or have an existing employee claiming to have submitted an in-time extension application. In such cases, the Employer Checking Service can be invaluable.
To use the Employer Checking Service, you will need to complete an online form with the individual’s details. If the individual is confirmed to have a right to work, you will receive a Positive Verification Notice, providing you with protection from civil penalties for six months. Learn more about the Employer Checking Service and how to navigate visa extension, here.
How We Can Assist
At Truth Legal, our team of specialist business immigration lawyers can provide you with peace of mind. We will review your current procedures and offer clear advice on how to ensure compliance with UK immigration requirements.
We can advise you on the types of checks you need to conduct, what to look for, and how to maintain comprehensive records of these checks in case of inspection. We can also work with you to create an action plan to help you easily fulfil your responsibilities as a sponsor licence holder.
To find out more, call us today on 0330 314 1300 or email enquiries@truthlegal.com.
