LEGAL
Avoiding a Brexit- induced staffing crisis
The introduction of the UK’s new immigration rules in November 2020 and the end of European free movement requires British companies to navigate more red tape post-Brexit, but this shouldn’t deter companies from recruiting skilled workers from across the EU and further afield to drive growth. Thalej Vasishta (pictured), corporate immigration law specialist and managing director of Chamber patron Paragon Law, explains how firms can continue to access overseas employees.
OBTAIN A SKILLED WORKER LICENCE From 1 January 2021, UK employers wishing to recruit a skilled migrant worker need to have checked if their vacancy is eligible for a sponsor licence, be knowledgeable of their obligations under the system and have obtained the relevant skilled worker licence for the category of employment. To offer employment to an EU
and non-EU national under the Government’s new points-based immigration system, a business must be registered as a sponsor with the Home Office, the job on offer must be skilled at the appropriate level and the worker should be paid the appropriate salary according to the job and experience. Therefore, for a business, the first
essential step is to acquire a skilled worker licence because, without this, a business will not be able to move ahead in the recruitment process. Generally, it is taking the Home Office up to eight weeks to deal with licence applications. When you add to this the time it will take the business to be in a position to apply, the advice is to act quickly and secure the skilled worker licence for the business – which in turn will allow the business to offer a role to skilled overseas workers without further delay.
process, a company may be visited by the Home Office for an audit to ensure they are compliant and acting legally. Much of our work involves advising businesses on ensuring they are aware of their sponsorship duties, and setting up systems and processes to ensure the company will remain compliant during the duration of their sponsorship of foreign workers.
New immigration rules mean firms face red tape when recruiting EU workers
From our experience, this key
message failed to reach many businesses, or employers may have chosen to delay the process. However, compliance is essential so the process needs careful planning and the requirements are not going to go away. Employers that have not yet done so must agree and set in motion their response to the changing regulations. Further information detailing the required action is available on the
gov.uk website.
ALLOW ENOUGH TIME According to data from the Home Office, in December 2020, just 5% of British companies had applied for a sponsor licence. This has resulted in increased demand on the Home Office throughout the early part of this year, which means applications could take longer. It can be a time-consuming process to get the business ready to apply so it’s best to allow adequate time. Once the application is filed, as part of the decision-making
PREPARATION IS THE KEY Preparation of the skilled worker licence application is the key to a successful outcome. A business should be fit and ready for a pre- registration audit and ensure all documents required in support of the application are in order. If an application is unsuccessful,
there is a six-month cooling off period before a business can apply again. Not having access to staff could present significant skills shortages.
SEEK PROFESSIONAL ADVICE If you have not already done so, I strongly recommend you apply for a licence now and seek professional advice regarding your post-Brexit recruitment strategy if you are unsure of your requirements. We are always here to help Chamber members and as part of our relationship we will provide an initial free consultation to members followed by a written tailored summary.
Nottingham solicitor named Junior Lawyer of the Year
Acting as a mentor for young people from disadvantaged backgrounds has earned corporate solicitor Isabelle Munyabarenzi (pictured) the Nottinghamshire Junior Lawyer of the Year title.
‘Just being nominated was incredible’
The Nelsons associate, who joined the firm in 2015 as a paralegal, landed the honour at the Nottinghamshire Law
Society Annual Awards Dinner 2020. Through her membership in the Black Solicitors Network, she has supported youngsters who aspire to enter the legal profession, while also helping work experience students at Nelsons who have shadowed her in her job.
Isabelle, who qualified as a solicitor in September
2019 after completing her training contract, said: “Just being nominated was incredible, so to walk away a winner – just over a year after qualifying – is a real dream.”
business network February 2021 81
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