Corporate Immigration Law

Seren Legal Practice is here to help foreign nationals set up their business in the United Kingdom and to help UK-based businesses grow, employ, and retain their staff.

A company seeking to employ migrant workers will first need to apply for a sponsorship licence. Once granted the company can then apply for a Certificate of Sponsorship for the migrant worker they wish to employ

Seren Legal can help your company prepare for the sponsorship licence, including making sure your company is fully compliant with their human recourses and recruitment systems.

Once a sponsorship licence has been granted you can apply for a Certificate of Sponsorship (CoS) for your migrant workers under the points based system.

Seren Legal can help you apply for a CoS via the Home Office Sponsor Management System. Once a CoS is approved, it needs to be allocated to the worker it is intended for before the worker is able to apply for their visa.

Every year the Home Office allows companies holding a sponsor licence to apply for an allocation of Unrestricted Certificates of Sponsorship. The application requires the company to justify the number of CoSs they apply for.

Seren Legal Practice is able to advise and assist with all aspects of the CoS application process.

Intra-Company visas allow Human Resources departments to move workers between the countries in which the company operates.

There are two sub-categories within this route: Intra-Company Transfer Visa and Intra-Company Graduate Trainee Visa. Seren Legal is able to help you apply under both routes.

The Start-up category is for early-stage but high-potential entrepreneurs starting a business in the UK for the first time.

You must be endorsed by an authorised body that is either:

• a UK higher education institution
• a business organisation with a history of supporting UK entrepreneurs

You must be able to show that your business idea is:

• a new idea – you cannot join in a business that is already trading
• innovative – you must have an original business idea which is different from anything else on the market
• viable – it has potential for growth

Seren Legal can provide you with a list of endorsing bodies. The Endorsing bodies will provide long-term support and will check the progress of those they endorse. Their fees can vary depending on the endorsing body. Endorsing bodies may also withdraw endorsement if they consider progress to be unsatisfactory or find breaches of the conditions attached to the visa.

You need not show that you have funds for investment in the business but sufficient maintenance funds must be shown for the applicant and their dependants. You will also need to show sufficient knowledge of the English language.

This visa will only be granted for 2 years and cannot be extended.

You can apply for an innovator visa if you want to set up and run an innovative business in the United Kingdom. Your business must be different from anything else on the market.

The following requirements need to be met;

• Endorsement from an Endorsing Body: the criteria for this type of endorsement are similar to those for the Start-up category, although it is expected for successful applicants to be assessed in line with their greater levels of skill and experience.

Applicants will usually need a minimum of £50,000 available to invest in their business, which will need to be verified by the Endorsing Body.

In addition, the applicant will need to demonstrate maintenance funds for themselves and their dependants.

Successful Innovators will be granted leave for 3 years at a time and can bring their family members to the UK. After 3 years, Innovators can apply to extend their stay for a further 3 years or to settle permanently in the UK. Each of these 3 stages (initial application, extension, settlement) requires endorsement from an Endorsing Body.

Innovators must work entirely on developing their business ventures and may not take on other employment outside of their business.

Seren Legal can assist with preparing applications in the Innovator category and assist with making submissions to the relevant Endorsing Bodies.

There are two categories for this application: a Sole representative and a media representative

A sole representative of an overseas buisness planning to set up either a UK branch or wholly owned subsiiary

A media representative, is an employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment.

Should the application be successful, the applicant will be granted permission to enter and remain in the UK for up to three years, with the option to extend this leave for another two years. After this five-year period you can apply for indefinite leave to remain.

Successful applicants for this visa are allowed to bring dependents to the UK with them. You must meet the English language and financial financial requirements.

You must have at least £2,000,000 investment funds to apply for a Tier 1 (Investor) visa.

You must:

• be 18 or over to apply for this visa
• be able to prove that the money belongs to either you or your husband, wife, unmarried or same-sex partner
• have opened an account at a UK regulated bank to use for your funds

Your funds must be:

• held in one or more regulated financial institutions
• free to spend (‘disposable’) in the UK

Your money can be in the UK or overseas when you apply.

You can come to the UK with a Tier 1 (Investor) visa for a maximum of 3 years and 4 months. You can apply to extend this visa for another 2 years, to extend the visa you must show that you have invested the money as share or loan capital in an active UK company within 3 months of your investor start date.

You will be able to work (some exemptions apply) or study. You can apply for settlement from 2-5 years depending on the amount of money you invested.