Immigration

The hiring of overseas nationals (including those from EU countries, post-Brexit) from abroad is often a necessity in industries in which the UK sees a skills shortage or where expert personnel from overseas entities are needed. Regulation surrounding this area is stringent and it is crucial that companies employing foreign workers are compliant with the rules. Our business immigration lawyers assist a range of businesses on all of the relevant obligations including visa applications, sponsorships, settlement, and extension of stay, as well as advising on best practice and auditing your existing workforce and internal processes to ensure that you are compliant with the immigration rules and where this is lacking, recommend corrective actions. 

• Advised and assisted a large UK-based technology company regarding complex corporate structure changes, resulting in a new sponsor licence, and the transfer of existing sponsored migrants to the new licence.   
• Advised on compliance obligations and actions, resulting from direct changes of ownership to a sponsor licence’s parent company.    
• Supported global corporate clients and their employees with their international relocation immigration needs and offering strategic commercial advice.    
• Assisted a venture capital fund with an urgent Skilled Worker Visa application for a critical hire for the business.    
• Advised an AI data platform company on submitting a sponsor licence application, and assisted several critical international hires. Provided ongoing immigration advice and support, and provided strategic advice.    
• Advised a cybersecurity company regarding its ongoing international recruitment.    
• Advised a leading biotechnology company regarding a corporate restructure, and the effect on its sponsor licence and sponsored employees.    
• Advised a wearable technology company regarding their ongoing immigration requirements, particular with sponsoring several PhD-level scientists, with special skills in AI and biotech.    
• Obtained and maintained sponsor licences for a large number of organisations, including those in the digital technology sector as well as start-ups.   
• Advised on and assisting with immigration compliance steps following merger and acquisitions and similar transactions for large multinational and global entities. 
• Advised and assisted businesses with their internal immigration processes to ensure they are compliant with the prevention of illegal working provisions as well as their sponsorship duties.    

For a Global Talent visa, the applicant will need to be endorsed in a specific, recognised field such as arts and culture, science, engineering, medicine and humanities, or digital technology. There is no English language or financial requirement and dependents are allowed. This is a highly flexible category which allows a period of 5 years in the UK and which may lead to settlement. 

• Successfully advised on a Global Talent (Tech Nation) Visa application for an employee transferring to the UK from a technology platform.    
• Advised a developer platform regarding an urgent Global Talent visa application for a critical hire for the UK.   
• Assisted a world-famous artist to enter the UK under the Global Talent visa route, recognising their exceptional contribution to the arts.   

This can usually be applied for 12 months after the grant of ILR (some exceptions apply). There is a need to satisfy the absences requirement (particularly in the 12 months since being granted ILR) and 2 referees will be needed to sign off the application. Once approved, the applicant must attend the Citizenship Ceremony and then can apply for their first British Passport. 

• Advised a Lebanese HNWI for last 10 years as an Investor, Entrepreneur, ILR and now on UK citizenship, together with advice for children by surrogacy from the USA.    
• Ensured that the son of a prominent actor secured citizenship in the UK despite a period of overstaying.   
• Devised and executed a successful strategy enabling the children of a globally renowned musician to obtain British citizenship.    
• Assisted a Bahraini client in his initial entry clearance for Tier-1 Entrepreneur application. Successfully extended his visa again in June 2022. Has now advised on requirements for settlement and citizenship applications.   
• Assisted a wealthy family holding citizenship by investment Cypriot passports with EU and UK status during their permanent relocation to Spain, working alongside tax advisors to protect non-domicile status.   
• Advised an EU national with his application for a British passport and future renunciation of his EU citizenship in order to facilitate the purchase of his home in Monaco. 
• Successfully obtained Citizenship for an individual outside the Immigration Rules on a discretionary basis, owing to excessive absences from the UK. This involved detailed representations as to the nature of the absences and successfully arguing in the applicant’s favour.   
• Assisted with a large number of family-based and European applications. Highlights include an application for leave to remain for a very well-known international sports person.

An innovator will need to have a business idea assessed by an endorsing body and will need to provide evidence of personal savings for 28 consecutive days before the application. Sufficient funding to launch their concept will be needed in order to set up a new business. They will also need to satisfy the English language requirement. The visa is valid for 3 years and can be extended. 

• Successfully unravelled an out-of-status entrepreneur in circumstances which had left her unable to travel to compete as an international Olympian.  

The Representative of an Overseas Business visa (also known as the “Sole Representative”) is a non-points-based, non-sponsored route. It is now only available for applicants who already work for an overseas company. 

• Assisted two Hong Kong HKEX listed companies with their Overseas Sole Representatives and the process involved in establishing their branch in the UK.   
• Worked with Sole Representatives and advising them and their employers on the processes involved when establishing a trading presence in the UK.   
• Assisted a specialist drinks company based in France with a complex corporate structure with a Sole Representative visa for their senior sales executive to enable them to expand their operations in the UK.   
• Secured a positive visa outcome for a dependent of a Sole Representative. The dependent had previously been refused the visa and was subject to a 10-year ban. The family believed that they would have to live apart for 10 years. Upon taking instructions it transpired that an innocent mistake had led to this outcome.    

Immigration affects all aspects of life, but it can have a particular impact on family life. With frequent changes often occurring, keeping up to date on this area of law is vital. Our employment lawyers work closely with our personal immigration experts to advise individuals wishing to make the move to work in the UK. Considering the perspective of each client, we work alongside them to minimise any stress or problems that may occur when moving to the UK with family members. 

• Assisted with a large number of family-based and European applications. Highlights include an application for leave to remain for a very well-known international sports person.    
• Advised high-net-worth investors who invested over £2m, £5m and £10m funds in the UK economy. Provided strategic advice from the outset on sources of funding, permitted investments, business plans, including possibilities of dependants outside marriage, to obtain indefinite leave to remain (accelerated) and settlement.   
• Advised several snooker players on their immigration options for trials with the World Snooker Championships and subsequently switching to Tier-5 Sportsmen visas.    
• Advised a wealthy investor on the immigration of his children/families outside marriage as his dependants.    
• Advising and assisting with family-based applications such as spouse visas, for a large number of clients.   
• Assisted a wealthy family holding citizenship by investment Cypriot passports with EU and UK status during their permanent relocation to Spain, working alongside tax advisors to protect non-domicile status.    
• Advised an EU national with his application for a British passport and future renunciation of his EU citizenship in order to facilitate the purchase of his home in Monaco.    
• Acted for a PEP and family on general UK immigration matters including an overseas domestic worker, a UK permanent residency and UK naturalisation. 

This is usually applied for after 5 years and the applicant will need to pass the Life in the UK Test and the residence requirement (absences need to be below the threshold). If applying under Skilled Worker, the applicant will still need to be sponsored. 

• Advised high-net-worth investors who invested over £2m, £5m and £10m funds in the UK economy. Provided strategic advice from the outset on sources of funding, permitted investments, business plans, including possibilities of dependants outside marriage, to obtain indefinite leave to remain (accelerated) and settlement.   
• Assisted with visa and leave-to-remain applications for high-net-worth individuals in both the investor and entrepreneur categories. Highlights include assisting with an investor visa application for an investment bank owner.    
• Assisted numerous clients to successfully obtain indefinite leave to remain for individuals under 10-years’ long residence, owing to excessive absences as child students in their earlier days. Provided extensive compassionate circumstances explanations and supporting evidence in their representations and obtained positive outcomes for the clients.   
• Succeeded in an application to the Home Office for the Tier 2 CEO of an international bank in circumstances which would otherwise have left him waiting for permanent residence for a further three years.    
• Assisted a large Middle Eastern family office with immigration applications, enabling family members to exceptionally switch status within the UK, bypassing the need for them to apply overseas at a time when it was dangerous to return to their home country.    
• Obtained immigration permission under ‘Chen’ for an individual and his whole family.    

A skilled worker will need a licensed sponsor, a certificate of sponsorship, and will need to meet a minimum salary threshold.  

• Assisted with many entry clearance Skilled Worker applications from the UAE and Kuwait.   
• Succeeded in an application to the Home Office for the Skilled Worker sponsor CEO of an international bank in circumstances which would otherwise have left him waiting for permanent residence for a further three years.    
• Secured a Skilled Worker visa for a lady who had previously been a domestic worker abroad.    
• Obtained three sponsor licences and Skilled Worker applications, all approved within 2 months.  

 A sponsor licence is now generally valid for 10 years (previously 4 years), provided the organisation continues to meet compliance obligations. When applying, businesses must submit a range of supporting documents such as VAT registration, HMRC PAYE reference, and other mandatory evidence, and start-ups may need to provide additional documentation. 

• Advised on how to incorporate an acquired company’s sponsor licence into the global acquirer’s Licence, which included managing a large transaction internationally, with multiple parties and stringent deadlines, as well as the transfer of several hundred employees.   
• Acquired a sponsor licence for a South African Charity to enable the organisation to transfer its top medical doctors, radiographers and anaesthesiologists to the UK under the shortage occupations.     
• Acted for a FTSE 100 food and beverage company in getting its sponsor licence for the UK; and obtained intra-company transfer licences for Turkey, the US and South Africa. Managed and supported their day-to-day sponsor licence system in all aspects of immigration relating to recruiting skilled workers/directors and their families/intra-company transfers as and when required.     
• Undertook a sponsor licence audit for a renowned gaming organisation and successfully challenged the Home Office when the licence was withdrawn.     
• Advised a UK university on sponsor licence implications during a high-value cross-border acquisition.     
• Ensured that a major UK-based group of independent schools and colleges retained multiple sponsor licences following a Home Office investigation.     
• Advised a major international technology client on their sponsorship compliance issues and processes, and helped to ensure their compliance with Home Office rules and guidance.     
• Advised a fintech client on successfully obtaining a sponsor licence to kick-start their recruitment drive.     
• Advised a major food supplier company in re-obtaining their sponsor licence following its expiry.     
• Obtained three sponsor licences and skilled worker applications, all approved within 2 months.     
• Assisted in applying for a sponsor licence for a care home (a group company based in Skegness).     
• Secured sponsor licences and Tier 2 work visas and now Skilled Worker visas for care worker/nursing staff and senior management staff.    
• Advised and assisted a UK-based technology company in obtaining a digital skills sponsor licence, in order to take advantage of the shortage occupation in relation to those applicants with specific technology skills.     
• Advised an advanced biotechnology company on submitting sponsor licence application, assisted several critical scientific international hires. Providing ongoing immigration advice and support, providing strategic advice regarding the biotechnology sector.     
• Advised an AI data platform company on submitting sponsor licence application, assisted several critical international hires. Providing ongoing immigration advice and support, providing strategic advice.     
• Advised highly-regarded AI company on submitting the sponsor licence application, critical visa applications and provides ongoing immigration advice and support.     

The applicant for a spouse/partner visa must be able to satisfy a genuine relationship, as well as satisfying an English language and financial requirement. 

• Assisted an individual client, who was the subject of domestic violence, to successfully switch from the spouse visa to another visa category.   
• Advised and assisted with family-based applications such as spouse visas, for a large number of clients. 

A Tier 1 investor must have access to at least £2,000,000, which must be held in one or more regulated financial institutions and be free to spend in the UK. The investor must also be over 18 years old, be able to prove the money’s provenance, be able to open a UK regulated bank account, and will need a criminal record certificate. 

• Advised high-net-worth investors who invested over £2m, £5m and £10m funds in the UK economy. Provided strategic advice from the outset on sources of funding, permitted investments, business plans, including possibilities of dependants outside marriage, to obtain indefinite leave to remain (accelerated) and settlement.    
• Advised on a complex private client case for a Tier 1 Investor extension application. This involved challenging the Immigration Rules and Policy Guidance regarding supporting documentation for co-ownership and successfully arguing that the Policy Guidance was vague and that it required redrafting, which the Home Office confirmed.    
• Assisted with visa and leave-to-remain applications for high-net-worth individuals in both the investor and entrepreneur categories. Highlights include assisting with an investor visa application for an investment bank owner.    
• Assisted with a UHNW Syrian family with entry clearance for Tier 1 Investor applications, in an exceptional circumstance where client had to file their applications from Kuwait because it was dangerous to be in Syria at the time of war.   
• Assisted a UHNW UAE family with Tier 1 Investor extension applications from Dubai during Covid when applications should have been made from within the UK.    
• Worked for an UHNW family in exceptional circumstances applying for entry clearance in their home country for Tier 1 Investor extensions. Worked closely with Home Office officials to ensure correct process for this family of five.   
• Acted for an family office, as trusted advisor, in relation to the provision of UK legal services for a businessman, including his and his family’s status as Investor and PBS Dependents.    
• Represented an Iranian billionaire on their application for Investor status and subsequent UK residency.    
• Advised a Lebanese HNWI for last 10 years as an Investor, Entrepreneur, ILR and now on UK citizenship, together with advice for children by surrogacy from the USA.    
• Advised a UHNW Middle Eastern family in exceptional circumstances applying for entry clearance in their home country for Tier 1 Investor extensions. Working closely with Home Office officials to ensure correct process for this family of five.