Commercial solutions and immigration

In the UK, immigration law and company law intersect in several key areas, especially for businesses engaging in international operations.  

CORPORATE COMPLIANCE AND LIABILITY 

We act for a wide range of businesses, from start-ups and SMEs to international businesses, publicly traded companies and financial institutions.  

When businesses are involved in joint ventures, mergers, acquisitions, or restructuring, they need to consider the immigration status of employees and any obligations tied to sponsorship of overseas workers. Immigration compliance becomes part of the commercial due diligence, as any historical non- compliance can affect the transaction and company valuation.  

All UK employers must conduct Right to Work checks on employees to confirm they are legally allowed to work in the UK. This obligation falls under immigration law but impacts commercial operations since non-compliance can lead to fines and reputational damage.  

Multinational companies with UK branches often use sponsor licence for foreign employees transferring to the UK. This requires specific legal compliance, including verifying job roles, salaries, and terms aligned with immigration rules, directly impacting HR and financial policies within the company’s commercial law strategy.  

The UK’s Expansion Worker Visa, under the Global Business Mobility route, is intended for foreign businesses seeking to establish a UK branch or subsidiary. It allows a company to send key employees to the UK to support the expansion. However, specific company and individual requirements must be met to be eligible for this visa. 

Long-term success of a business in the UK will as much be impacted by regulatory and corporate compliance as well-prepared trading terms and contracts. We can ensure that your business obtains all licences and permissions which it requires to operate in full compliance with the laws, as well as ensuring that your business’s intellectual property stays protected. 

We also assist with structuring your business right from the outset ensuring that intended management strategies and restrictions are enshrined in the constitutional documents of the company and any agreements between founders, shareholders and investors are clearly set out in shareholders agreements which are critical in any venture to protect the business as well as its members. 

Whether your customers or suppliers are based in the UK or abroad, we provide legal support in preparing and negotiating commercial contracts to protect your business from the unexpected and to manage risk which your business takes on with every new transaction.  

GLOBAL BUSINESS MOBILITY ROUTE – EXPANSION WORKER

The Expansion Worker Visa aims to help foreign companies launch in the UK while ensuring compliance with UK commercial, immigration and employment laws. 

• Expansion Worker Visa is available only to companies that do not already have an active trading presence in the UK. This visa is specifically for setting up a new UK branch or subsidiary. We will assist you with the establishment of a new branch and its registration with the Registrar of Companies. We will also advise you as to the requirements of the Immigration Rules and initial and ongoing requirements of the Companies Act 2006 and Overseas Companies Regulations 2009.  
• Our Immigration team will help you to obtain a UK sponsor license under the “Expansion Worker” category before it can sponsor employees. This requires the company to provide evidence of their business plan for UK expansion. 
• Our corporate team will ensure that you have the correct documents to demonstrate to the Home Office that your existing operations and a track record outside the UK meet the requirements under the UK legislation. 
• The Home Office will assess the financial capability to support the expansion and the employee(s) they intend to sponsor. 
• Evidence of Intent to Establish: The company must prove genuine intent to establish operations in the UK, such as through a business plan, projected financials, and potential UK-based business activities. 
• Commercial Contracts and Agreements: Expansion often involves negotiating leases, supplier contracts, and partnerships, all falling under company commercial law.  
• Corporate Governance and Finance: The new UK entity must adhere to UK company law, taxation, and reporting requirements, which impact commercial decision-making.  
• Regulated by the Home Office: The UK company must hold a sponsor licence, requiring compliance with Home Office regulations, which often affects commercial operations. The company must comply with ongoing sponsor duties after obtaining the license, such as reporting changes to the employment status of sponsored workers and maintaining accurate records. 
• Employment and HR Policies: Hiring under this visa requires employment contracts and policies that comply with UK employment laws.  

Want to know more?

Call us at 0330 107 0106 in order to arrange a free no no-obligation call or request a free quote.