We will record here any changes to this resource as a result of developments in the law or practice.
Business immigration toolkit
A toolkit to guide users around Practical Law Employment materials on business immigration law.
The UK business immigration system is now largely contained within a five-tiered points-based system (PBS). However, there are some business immigration categories that remain outside the PBS, such as domestic workers in private households and representatives of overseas businesses (see Home Office: Immigration Rules part 5: working in the UK: Persons seeking to enter or remain in the United Kingdom for employment (paragraphs 128A to 199B)). There are other categories that allow migrants to work in the UK in some circumstances, for example students and dependants. It is also necessary to understand what business activities a visitor can undertake, what steps employers must take to prevent illegal working and who can work in the UK without immigration permission. For information on business immigration law, see the following resources:
For an introduction to some of the most relevant concepts of business immigration law, such as business visitors, who can work in the UK without permission, the offence of illegal working and the PBS, see Practice note, Business immigration: overview ( www.practicallaw.com/2-200-2647) .
For information on the key immigration routes under which employers may be able to employ migrant workers in the UK and the principal immigration issues that employers need to consider when recruiting and employing them, see Practice note, Business immigration routes into the UK ( www.practicallaw.com/5-530-4145) .
For details of the key issues that employers should consider when recruiting migrant workers, see Practice note, Immigration and the employment lifecycle ( www.practicallaw.com/0-530-5270) .
The following Practice notes provide details on aspects of the PBS:
Points-based immigration ( www.practicallaw.com/1-384-1499) . This note explains the PBS and its implications for employers.
Employer sponsorship under the points-based system ( www.practicallaw.com/2-523-1594) . This note provides details on how employers can obtain a sponsorship licence and considers the potential consequences for employers of failing to comply with the associated record-keeping and reporting obligations.
Migrants should ideally be required by their contracts to notify their employer of certain information, to enable the employer to comply with its obligations as a sponsor. For the necessary wording, see Standard clause, Employer duties: information to be obtained from migrant employees ( www.practicallaw.com/7-386-6076) .
For information on illegal working, see the following resources:
For an explanation of what an employer needs to do to prevent illegal working within its organisation and the steps it needs to take to ensure that its employees have the right to work in the UK, see Practice note, Prevention of illegal working and establishing the right to work in the UK ( www.practicallaw.com/3-200-2091) . This note also outlines what sanctions an employer may face if it fails to carry out these steps.
For a clause to be inserted into the employment contract of a migrant employee, requiring the migrant to notify the employer of certain information to enable the employer to comply with its obligations as a sponsor, see Standard clause, Employer duties: information to be obtained from migrant employees ( www.practicallaw.com/7-386-6076) .
For details of when an individual can come to the UK as a business visitor and what they can (and cannot) do while in the UK, see Practice note, Business visitors ( www.practicallaw.com/5-385-8280) .