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corporate immigration an introduction

An introduction Howard Kennedy offers an exceptional series of legal services and solutions for those involved in international business. From our offices at No.1 London Bridge, the firm provides a highly personalised service in securing your business visa or sponsor licence and will continue to support you once your application has been approved so as to ensure compliance with UK immigration laws.

Your dedicated immigration specialist will assess your personal and business needs in order to establish the best possible outcome for you and your business.

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How can we help?

Howard Kennedy can give advice to corporate clients on a variety of immigration matters including: • Sponsor Licences: If your business would like to sponsor overseas talent, to give your business the competitive edge or growth it requires, then you may require a sponsor licence. Our team will review, audit and advise your business as to the merits of a sponsor licence application. If required, your dedicated adviser will not only advise on the supporting documents and draft legal representations in support of your application but will also give detailed training to key staff members in order to ensure that you are able to maintain your sponsor licence once it has been granted.

Recent work: • Successfully obtaining a Tier 2 Sponsor Licence for a multi-million pound franchise located in Cornwall • Obtaining approval from the Home Office for a Tier 2 Sponsor Licence for a Financial Conduct Authority regulated entity.

• Tier 2: One of the counterparts to Sponsor Licence scheme is the Tier 2 visa category.

This category has a number of sub-categories, each being tailored to a particular type of migrant. For example: • There is the Tier 2 (Intra-Company Transfer) category which is designed to allow for the flow of skills between the various international branches of a single entity (i.e. a highly skilled migrant from the USA could transfer from the New York office to the London office of the same business via this route). This route is very popular with large multinational corporations.

• An alternative route is that of Tier 2 (General) which is designed for UK companies to sponsor overseas talent (irrespective of whether that individual is already in the UK or not). This route is designed to fill specific skill gaps in the resident labour market and is very popular for specialist business structures.

Recent work: • Successfully applying for a change of employment for a Tier 2 (General) Migrant thereby allowing the Migrant to change from one employer to another • Regularly advising international businesses on the best method of ensuring employment mobility within their labour force across the globe.

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• Tier 5 (Youth Mobility Scheme) Visa: Certain foreign nationals may be eligible to apply for a Tier 5 (Youth Mobility Scheme) visa which will then allow you to live and work in the UK for up to two years.

• Right to Work Checks: All UK employers are under a duty to ensure that their employees have the right to work in the UK. This statutory duty is subject to frequent change and is an area of focus for the current government. Failure to comply or complete appropriate right to work checks could open a business up to Civil Penalty Notices (£20,000 per offence) as well as criminal prosecution.

Our team can draft policies, review existing policies and train HR professionals so to minimise the risk of a Civil Penalty Notice being issued.

• Civil Penalty Notices: Should the unfortunate happen and your business finds itself facing a Civil Penalty Notice then our immigration department can review matters to check that the Notice was issued correctly or whether you have a defence against the Civil Penalty Notice. If it should transpire that your business is liable for the Civil Penalty Notice then we can conduct negotiations on your behalf to reduce the total sum of the Civil Penalty Notice or agree a payment plan.

Recent work: • Successfully negotiating with the Home Office to reduce the level of a Civil Penalty Notice from £40,000 to £15,000 for an international manufacturing business.

Recent work: • Advising a large construction company on how best to comply with right to work checks and thereby avoid a Civil Penalty Notice.

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Our services Your professional and experienced immigration adviser will be able to provide you with expert technical advice as well as pragmatic solutions to any aspect of your immigration problem.

Should you be seeking entry to the UK, then our firm will also look at your tax position so as to ensure that all aspects of your relocation are coordinated to your benefit.

• Scan and index all documentation into an organised application or appeal bundle

As part of our service, your immigration adviser will conduct an in-depth analysis of your personal circumstances (including an assessment of your immigration history) in order to provide the correct visa solution for your needs.

• Represent you before the First-tier Tribunal or the Upper Tribunal, if necessary

• Draft expert legal submissions in support of the application or appeal

• Provide monthly updates as to the progress of your application or appeal

Your adviser will:

• Act as an agent for all correspondence received from the Home Office or Tribunal

• Perform a detailed case analysis and identify the legal basis of an application or appeal and any potential issues

• Advise on any decision made by the Home Office or the Tribunal and the next steps.

• Draft template witness statements, if necessary • Draft detailed guidance as to supporting documentary evidence, including required content and format where appropriate • Check supporting documentary evidence in light of the requirements of the Immigration Rules, Home Office guidance and case law • Complete and check the Home Office application form, if applicable

Once approved, your dedicated adviser will then ensure that you are fully aware of any ongoing conditions or requirements so that you are able to make any extension applications (should you wish to do so).

In addition, should you have any further legal needs or concerns, your dedicated adviser will make certain that you are introduced to the right individuals within Howard Kennedy so as to ensure you receive a seamless and tailored service. Our expert team of corporate lawyers can advise and assist on a range of matters from corporate restructuring to mergers and acquisitions.

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Key contact Antonia Torr Head of Immigration Services antonia.torr@howardkennedy.com +44 (0)20 3755 5835

No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com @HowardKennedy_