to increase wages, invest in training, automation or technology, or reduce their output or quality. Some may relocate their business outside of the UK. Businesses that need higher-skilled and higher-paid workers from the EU, such as in finance, technology, engineering and education, may find it easier to recruit them under the Points Based system, as they will face the same rules as non-EU workers. However, they will also have to bear the costs and administrative burdens of sponsoring visas and may face more competition from other countries. Businesses that employ international students or graduates from the UK may benefit from the Graduate visa, which allows individuals to stay and work in the UK for two or 3 years after graduation, in any job. This may increase the pool of talent and skills available to employers and help them retain workers who have already integrated into the UK culture and society. However, with regards to Students the government has recently changed the rules limiting the rules for switching and dependants. Businesses that operate in the health and care sector may benefit from the health and care visa, which provides a streamlined and cheaper process for workers coming to the UK to work in the NHS and social care. This visa only covers certain occupations and does not address the wider issues of low pay, poor working conditions and high turnover in the sector. What does a business need to consider when looking to hire migrants? There are many things that a business needs to consider from an immigration perspective when looking to hire migrants from outside the UK. Some main considerations are: • The type of visa that the migrant worker will need to apply for. Different visas have different requirements, such as skill level, salary, language ability, and sponsorship. The business should check the eligibility criteria and the application process for each visa option. • Visa costs and application processing times. Each certificate of Sponsorship costs £239.00, the application fees range from £284.00 – £2,420.00 per person, depending on visa type, visa duration, location of application and whether priority processing services are selected. Applying from within the UK for a work visa can take 8 weeks (or 2-5 days if a priority service is purchased). If applying from outside of the UK, quoted visa processing times stand at approximately 3 weeks for work visas (or 5 days if a priority service is purchased). • The cost and time involved in obtaining a sponsor licence. The business will need to have a sponsor licence to hire most workers from outside the UK. The sponsor licence application fee ranges from £536 to £1,476, depending on the size of the business. The business will also need to pay the immigration skills charge for each worker they sponsor, which is £1,000 per year for medium or large sponsors, and £364 per year for small or charitable sponsors. The sponsor licence application usually takes up to 8 weeks, but it can take up to 18 weeks to process. A priority service is available for Sponsor Licence applications but currently there are limited priority slots which are quite difficult to obtain. • The availability and suitability of the migrant workers. The business should conduct a thorough recruitment process to find the best candidates for the job. The business should also consider the cultural and linguistic diversity of the migrant workers, and how they will integrate with the existing workforce and customers. • The legal and compliance obligations. The business should comply with the immigration rules and the sponsor duties, such as reporting any changes in the migrant workers’ circumstances, keeping records of their documents and attendance, and co-operating with the Home Office. The business should also comply with their duty to prevent illegal working. How does a company prevent illegal working and what are the consequences for employing an illegal worker? All UK employers (whether sponsors or not) are required to prevent illegal working by conducting a “right to work 16 LAWYER MONTHLY DECEMBER 2023 The general view is that the UK immigration law has become stricter in recent years, especially with the end of the free movement of people between the UK and the European Union (EU) due to Brexit, EU nationals became subject to the same immigration rules as non-EU nationals.
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