Corporate and Tier 2

Tier 2

Westkin Immigration lawyers have been assisting UK employers for a number of years to make all their immigration calls. We ensure that employers inside the UK can select staff from the entire global work force, regardless of their nationality. In this way Westkin has been adding to the competitive advantage of our clients as well as insuring they meet all relevant regulations. Key features of our service:

• For London based businesses, Westkin can attend their offices for the first initial meeting, saving the employer time and money;
• We also arrange for certification and notarisation of all documents;
• We provide commercially aware advice that takes into account the needs of a business.

We are able to register ourselves as users on the Home Office’s management systems, thus saving time and money for the employer. We can also:

• advise on their legal working, including compliance checks on all new stuff;
• advise on relevant job curts and job advertisements; and
• liaise with key admissive contacts at the employer to save management time.

The sponsorship process

All employers in the UK who hire a non EEA migrant must have a licence to do so. We obtain these licences with a minimum amount of disruption to the business. The licences obtained by approving to the Home Office that the employer is genuine and can manage its sponsorship requirements through good HR practice. We can get employers ready with a minimal amount of stress to meet these goals.

Once the licence is obtained, it will cover a number of slots. Each slot can be assigned to a migrant worker.

The UK immigration regulations require that the individual, who has been assigned the certificate, will need to be paid the appropriate level. This diffuse, from job title to job title, is affected by the seniority of the position. Westkin can advise on all of these steps.

The process includes a period when the employer must advertise the role inside the UK, without success. There are exceptions to this, must notably where the position offered is on the shortage occupation list.

Once the slot is assigned to a migrant worker (known as issuing a certificate), the migrant can make his visa application. Westkin can make this application.

Additional services

All employers, whether they have a licence or not, will need to abide by illegal working provisions. Westkin can provide modal mock audits and check the compliance records for all employees, including new employees. For all corporate immigration matters for UK employers, Westkin can assist. Please contact our lawyers at 0207 118 4546.

Sole Representative Overseas

The representative of an overseas business visa is a lesser known visa which can provide a useful alternative to either a Tier 2 work visa or an Entrepreneur visa. As with other visas, it usually will need to be applied for from outside the United Kingdom.

Westkin believe we are market leaders in preparing, applying for and obtaining these visas for our clients.

The visa applies to two broad categories of person:

• the sole representative of an overseas company who comes to the UK in order to create a new branch for the foreign parent company; or
• more specifically, an employee of an overseas media organisations  – such as a print newspaper based abroad, or of course a news and current affairs agency or other form o broadcasting organisation, who is posted on more than a short term position or assignment in the United Kingdom.

The visa does not allow for:

• Self-employment or working for an alternative employer;
  • Remaining here if the  employer no longer needs the employee;
  • switching away from the  overseas representative  visa.

The visa allows for:

• individuals to work for their employer on a full time basis
• for dependants to come with the main applicant to the United Kingdom
• remain in the United Kingdom if the company’s circumstances change so long as the individual has been in the United Kingdom for 24 months and subject to other conditions.

The visa requires clear evidence of and detailed representations on the following key points:

• individuals must be able to maintain themselves without  recourse to public funds, which can be a complex matter to prove;
• be able to speak, listen, read and write at the appropriate standard of English.
• The employee must have been given a position by a foreign company – ie one whose primary business place must be abroad.
• have a wide and detailed experience and knowledge which is on point with the role.
• Have an appropriate role within the company and have full authority to make decisions.
• intend to establish the company’s new and only branch in the United Kingdom.

There are a wide variety of alternative business arrangements which can also allow you to be eligible, please contact our team for further guidance.

The visa provides a great deal of certainty for the individual and the UK and parent entity. The visa is granted for an initial period of 3 years, which is then extendable by another 2 years. This takes an individual up to a period of 5 years in the UK, at which time they can apply for permanent residency, also known as Indefinite Leave to remain.

Contact out lawyers for further guidance.