Services for Employers

Britain Needs Talent!

According to the Open University Business Barometer 2018, 91% of organisations in the UK struggled to find workers with the right skills.
Dynamic, global-minded, creative and enterprising employers are keenly aware of how important diversity is to problem solving and creativity. You know that Britain’s future international success will be built on the quality of the people attracted to the UK as a hub of excellence from Europe and the rest of the world.
Business immigration must be part of our positive discussion regarding opportunities to reduce skills shortages in the UK.
  • At Mint Legal we offer specialist advice to businesses wishing to recruit non-EEA nationals on:
  • Sponsor Licence Applications
  • The Resident Labour Market Test
  • Sponsor Licence Renewals
  • What to do in the event of Suspension or Revocation
  • Civil and Criminal Sanctions for Illegal Working
  • For businesses with EEA staff we offer
  • Brexit services for employers, including presentations, briefings and employee surgeries
  • Advice, preparation and submission of settled/pre-settled status applications for staff and their families

Sponsor Licences

  • Applications
    In order to obtain a sponsor licence, an employer will need to satisfy UK Visas and Immigration that:
  • The company is a genuine organisation operating lawfully in the UK, ensuring all non-EEA workers have the right to work in the UK and are documented
  • The company's leading personnel are honest, dependable and reliable
  • The company has effective HR resources to meet the sponsorship duties specified by UKVI
  • The employment offered is genuine and meets the Tier 2 (General) skill level and appropriate rates of pay.
  • The company has no previous history of immigration non-compliance or criminal convictions
  • The resident labour market test
    In order for an employer to recruit a non-EEA worker for a role that is not on the list of shortage occupations, the employer must show that no suitably qualified settled worker is available for that vacancy
  • Mint Legal can advise on the exempt occupations in Appendices J & K
  • We can also advise on how an employer can show that no suitable settled worker is available by satisfying the requirements of Appendix A
  • Renewals
    In order to renew a sponsor licence:
  • The sponsor licence will expire 4 years after it is granted.
  • UKVI will send a reminder up to 4 months prior to expiration and may well ask for additional documentation
  • It is advisable to undertake a review of all HR and reporting systems when applying for renewal and to update UKVI of any structural changes to the company
  • It is also likely that you will be receive at least one compliance visit from the Home Office during the life of your sponsor licence. If the Home Office is not satisfied that you are complying with your duties then it may suspend the Sponsor Licence with a view to permanently revoking it.
  • Suspension and Revocation
    If following an audit your licence is suspended:
  • You will have 20 days to provide your written response. The response must provide as much evidence as possible with regards to why the decision is incorrect, or how the error has been rectified
  • If the Home Office maintain their decision to revoke your licence this can only be challenged by way of Judicial Review, although settlement might be reached through the pre-action protocol procedure.
  • As a barrister-led consultancy, specialising in advocacy, Mint Legal can offer you specialist representation in these proceedings before the High Court.
  • Civil Penalties
    An employer is liable to a civil financial penalty of up to £20,000 per employee if they employ a person who is subject to immigration control and has no permission to work in the UK or who works in breach of their conditions of stay
  • To avoid such penalties the employer must obtain from certain prescribed documents from the prospective employee and make certain checks
  • Any appeal against a civil penalty must be made promptly as the court has no discretion to extend time limits
  • Criminal Offence
    An employer commits an offence if it employs a person who is disqualified from employment by reason of their immigration status and it had reasonable cause to believe that the employee was so disqualified
    The offence carries the possibility of an unlimited fine and/or a maximum of five years' imprisonment
  • As a barrister-led consultancy, specialising in advocacy, Mint Legal can offer you specialist representation in these criminal proceedings.