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Immigration issues you may face


If you are planning to bring people from overseas to work for your business, you should consult a legal specialist about the possible immigration issues that may arise. When employing people from overseas there are a number of immigration issues you will face.

Employers must comply with legal tests before bringing workers from abroad to work for them. One of these tests is called the resident labour market test. To pass this test, the employer must show that there is no suitably qualified worker available in the UK to fill the vacancy or vacancies. To do this, the employer must advertise the vacancy in accordance with the relevant Code of Practice for two weeks if the salary is £40,000 or less, or one week of the salary is more than £40,000.

Note that for a religious post, the vacancy must be advertised for a two-week period irrespective of the salary offered. If the employer does not employ the resident labour market test, there are likely to be immigration issues. For example, it will mean the worker is likely to be refused leave to enter the UK to work for the employer.

Guidance on immigration issues can be sought from the UK Border Agency (UKBA). UKBA is part of the Home Office, and is responsible for considering applications for permission to enter or stay in the UK, asylum and citizenship. If you want to challenge a decision made by UKBA, you should contact an immigration specialist as soon as possible in order to launch an appeal.

If you would like to obtain legal advice and information on immigration law, Caven can put you in touch with a local specialist immigration solicitor free of charge. So, if you have any questions or would like our help in finding local immigration solicitors please call us on 0800 177 7162 or complete the web-form above.

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