The structure for running a Limited company is set out in its Memorandum and Articles of Association as registered at Companies House. However, in a small privately owned company, this does not give the owner the necessary protection and appropriately document the relationship between shareholders.

What are shareholders agreements?

Shareholders agreements are, as you might expect, an agreement between the shareholders of a company. It can be between all or, in some cases, only some of them. Its purpose is to protect the shareholders’ investment in the company, to establish a fair relationship between the shareholders and govern how the company is run.

Why shareholders agreements are important?

It is vital that the shareholders in a business prepare Shareholders Agreements which document what happens if:

• A shareholder wants to leave, how the relationship is terminated, how the assets are valued and whether the shares remain with the shareholder or whether they are required to return to the company
• Similarly, if a shareholder dies what happens to his shares, how they are valued and whether they are passed to his beneficiaries or whether they are required to come back into the company
• What happens if there is an arm’s length transfer of shares or an offer for the company
• On a day to day basis, how the business is run and what decisions need to be unanimous and what can be left to individual shareholders

How can we help with shareholders agreements?

Our business services team have prepared Shareholders Agreements for all sizes of companies and we understand that all companies are not the same.

We offer you a free initial meeting to discuss the areas of importance for your company and supply you with a checklist identifying those topics which shareholders should discuss and agree on at the time of forming a business.

In many circumstances, we can offer you a fixed fee for drafting a Shareholder’s Agreement and putting in place protections you need. For assistance Contact us on 01206500181.

We have had years of experience in both buying and selling all types and sizes of companies and businesses. We have experienced team at guiding when it comes to selling a business or company or buying a business.

How we can help with selling a business or buying a business?

If you are selling a business or a company or considering buying a business or a company then taking advantage of our initial free interview to prepare you for that process and outline the type of documentation and process you will need to follow would very much be of benefit to you.

We understand that if you are buying or selling that there is a need to move as quickly as you require without compromising the protections you need.

Things to consider when buying a business or selling a business

The process of buying a business or  selling a business centres around:

• The need for Non-disclosure and Confidentiality Agreements at the beginning or prior to negotiations
• All aspects of Due Diligence
• Preparing Heads of Terms
• Preparing, negotiating and concluding the sales/purchase agreements for the business, and the warranties and disclosure letters which underpin the transaction.

We are experienced at guiding businesses and their management team from the early stages of negotiation all the way through to completion. For assistance Contact us on 01206500181.

Whilst there is no legal obligation requiring a business partnership to put in place  Partnership Agreements it is very important to do so in order to regulate the business relationship because the law does not adequately provide for many issues which can arise in the modern world.

What should be added to partnership agreements?

It is vital that Partners in a business address and document what happens:

• To the profits and losses of the business, how they are divided
• If a Partner wants to leave, how the relationship is terminated and how the assets and the profits of the business are divided
• If a Partner dies, what happens to the assets and the profits of the business
• On a day to day basis, how the Partnership is run, what decisions need to be unanimous and what can be left to individual Partners

How we can help with partnership agreements?

Our business services team has prepared Partnership Agreements for all types and sizes of business. We understand that businesses are not the same.

We offer you a free initial meeting to discuss the areas that are important for your business and supply you with a checklist identifying those topics which prospective Partners should discuss and agree on at the time of forming the business.

In many circumstances, we can offer you a fixed fee for drafting a Partnership Agreement and putting in place the protections you need. For assistance Contact us on 01206500181.

Whereas employees coming to the UK for up to 6 months may be able to rely on a business visitor visa, if the assignment is long-term and involves expansion into the UK market, the Sole Representative Visa could be better suited to your needs.

What is a Sole Representative Visa?

For overseas businesses looking to send employees to the UK, there are many visa options to consider. Your choice will be determined by a number of factors, including the role of the employee, the nature of the activity, the time they plan to spend in the UK and the status of the company’s operations in the UK.

The Sole Representative Visa permits companies to send a single employee to the UK to set up a branch or subsidiary.

There are many advantages to the Sole Representative Visa making it a desirable entry route, but the eligibility requirements are strict, and place heavy restrictions on the nominated individual and type of activity that can be carried out when in the UK.

Can a sole representative visa holder bring family members to the UK?

It is possible to bring dependents, such as a spouse and/or children under the age of 18, with you to the UK. However, you will need to show that you have enough money to maintain and accommodate yourselves in the UK without recourse to public funds.

Are there any additional requirements for a sole representative visa?

You will also need to show that you have met an English language requirement. If you are a national of a majority English speaking country or already hold a qualifying degree, you will, subject to providing the necessary evidence, fulfil this requirement. If this is not the case, you will need to pass an approved English language test prior to applying for a sole representative visa.

Contact our Sole Representative Visa Advice Lawyers

For advice and assistance with an application for entry clearance, an extension of stay or settlement as the sole representative of an overseas business, contact our immigration barristers on 01206500181 or complete our online Enquiry form and we will get in touch.

If your business has received a Civil Penalty under the Immigration Act, it is important to seek legal advice early on the appeal options open to you, to avoid delays and improve your chances of making a successful challenge.

What is a Civil Penalty under the Immigration Act?

All UK employers must by law – under Section 15 of the Immigration, Asylum and Nationality Act 2006 – ensure all employees have relevant permissions to work lawfully in the UK by conducting effective Right to Work checks. Through the civil penalty regime, UKVI ensures employers are compliant with the immigration rules.

Where businesses are found to be in breach of their immigration duties, a civil penalty for illegal employment may be served – up to £20,000 per breach.

The Impact of a Civil Penalty Notice can be far-reaching 

As well as the obligation to pay a hefty fine, a civil penalty for illegal employment may result in:

• Criminal prosecution
• Enforced debt action
• County Court judgment
• Tier 2 Sponsor Licence revocation
• Adverse impact on the ability to obtain future credit
• Disqualification of company directors
• Inclusion on the Home Office’s civil penalty offender list
• Bad press, reputational harm and a resulting hit on profits
• Business forced to cease trading

Objecting to a Civil Penalty for Illegal Employment 

If your business has been served a civil penalty under the Immigration Act, you may wish to consider your options to challenge the fine, to limit the financial, operational and reputational impact.

The appeals process is, however, complex, and you have a limited amount of time to weigh up the pros and cons and make a decision based on the options open to you.

The Home Office has the power to increase the level of the original penalty at the appeal stage – so it is important to proceed with an objection only where you are confident in the merit of your challenge following professional advice.

To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

As a sponsor licence holder, you are required by law to meet a number of duties in relation to the management of your sponsor licence. The Home Office is taking an increasingly vigilant approach to immigration enforcement. Failure to comply or to engage actively with the Home Office can result in Tier 2 sponsor licence revocation.

Challenging a suspected breach of immigration duties

If you have received formal notification from UKVI that your company’s Tier 2 sponsorship licence is at risk of revocation, your next steps will be crucial in determining the resulting impact on your business.

You will be required to respond to the notification within the given timeframe taking into account:

• The grounds for revocation: Is the Home Office justified in taking the most severe of enforcement measures against your business?
• Challenging factual error: If the revocation is as a result of a factual error, how will you evidence this?
• Addressing the breach: If the revocation is as a result of non-compliance, how will you rectify the breach?
• Impact on business: If your sponsor licence is revoked, what will be the full impact on your business and the wider implications on job security etc?

How we can help you

HS Legal Solicitors brings substantial experience in advising companies facing sponsor licence revocation:

• Assisting with understanding the grounds for revocation
• Advice on collating the supporting evidence
• Advice on building a response that factors in wider business and economic implications of a revoked sponsor licence
• Advice on remedial steps to address areas of non-compliance
• Support in engaging with UKVI
• Advice and support in relation to any subsequent follow-up scrutiny such as Home Office site visit

Our team of UK immigration specialists can advise on all compliance and evidentiary requirements critical to a prompt response and minimising the impact on your business operations

The Tier 2 Intra Company Transfer (ICT) route of the Points Based System is for multi-national company employees who are transferred to the UK based branch of their organisation. If you are an employee you may either be transferred on a long-term basis or be frequently sent to the UK on short-term visits. The company sponsoring you will need to issue you with a certificate of sponsorship and will need to ensure that the salary on offer and your qualifications will enable you to satisfy the immigration rules.

How we can help with a Tier 2 ICT visa application?

If you wish to apply for a Tier 2 ICT visa, we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your Tier 2 ICT visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence, thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your Tier 2 intra company transfer visa application to the Home Office.

Categories for tier 2 Intra Company Transfer Visas:

This Tier 2 ICT visa category is further sub-categorised into the following four areas and will require you to have a Certificate of Sponsorship in order to make the intra company visa application:

• Short-term staff ICT visa – established employees who are being transferred to the UK for 12 months or less in respect of a skilled job that could not be carried out by a new recruit from the resident workforce
• Long-term staff ICT visa – established employees who are being transferred to the UK for 12 months or more in respect of a skilled job that could not be carried out by a new recruit from the resident workforce
• Graduate trainee ICT visa – new graduates who need to come to the UK as part of a structured training programme which clearly defines progression towards a managerial or specialist role
• Skills transfer ICT visa – overseas employees who are being transferred to the UK branch in a graduate occupation to learn the skills and knowledge they will need to perform their job overseas or to impart their skills to the UK workforce.

Documents you must provide for your intra company visa application

When you apply for tier 2 intra company transfer visa you’ll need to provide:

• your certificate of sponsorship reference number
• a bank or building society statement or letter that shows you have enough personal savings (unless your certificate of sponsorship shows your sponsor can support you)
• a current passport or travel document to prove you can travel – you need a page in your passport that’s blank on both sides for your visa
• expired passports or travel documents if you need them to show your travel history
• your tuberculosis test results if you’re from a listed country

You may need to provide additional documents depending on your circumstances for tier2 ICT visa.

Benefits of Tier 2 Intra Company Transfer Visa

With Tier 2 ICT visa one can enjoy following benefits:

• A potential route for settlement in the UK;
• Applicants can bring dependents;
• Applicants may apply for Indefinite Leave to Remain in the UK or for permanent residence after living in the UK for 5 years; and
• Candidates may be able to naturalize as a UK citizen.

Why we provide the best legal advice for Tier 2 Intra Company Transfer Visas

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including tier 2 intra company transfer visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the tier 2 ICT visa application process.

Contact us for successful Tier 2 ICT Visa applications

Our experienced team of professionally qualified solicitors and barristers will guide you through the process of tier 2 intra company transfer visa step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your Tier 2 ICT Visa adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181

Education providers wishing to enrol overseas students from outside the EEA are required to ‘sponsor’ them under Tier 4 of the Points Based System. Education providers will need to obtain tier 4 sponsor licences from the Home Office.

How we can guide you to obtain tier 4 sponsor licences?

The rules on obtaining sponsorship tier 4 sponsor licences can be complicated and our legal team is on hand to assist you with obtaining a licence. The concept of sponsorship in relation to Tier 4 provides evidence that the student will study for an approved qualification and places duties on education providers that it must abide by.

Obtaining Tier 4 Sponsor Licence

As a Tier 4 Sponsor you must meet the standards set for Highly Trusted Sponsors (HTS) and once you have met this standard, the Home Office will give you an A-rating/B-rating for 12 months. You must then apply for HTS status no later than 12 months from the date that you were granted your licence. The tier 4 sponsor licence will be valid for four years and if you wish to continue to be a sponsor, you must renew the licence.

Assigning a Certificate of Sponsorship (CAS)

Once you have a Tier 4 sponsor licence, you will be able to assign a CAS to students wishing to come to the UK to study. The CAS is valid for six months, and if the prospective student does not use the CAS, it will automatically become invalid; in this case, the CAS must be re-issued. As a licensed sponsor, you will need to comply with your duties which include informing the Home Office of students who were granted leave but failed to enrol and students who are continuously absent for significant periods of time.

Our Legal Services for tier 4 sponsor licence

• Advise education providers on the procedure for applying for a tier 4 sponsor licence;
• Act as the Key Contact or Level 1 User or Level 2 User of the company;
• Advise employers/employees on the likelihood of getting sponsored under Tier 4;
• Advise and represent clients in making their leave to remain/entry clearance applications;
• Advise and represent clients’ dependants seeking dependent visas;
• Lodge an appeal (in-country only) or make a request for an administrative review if your application is refused; and
• Judicial Review of refused application.

Why we provide the best legal advice for Tier 4 Sponsor Licences

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for successful Tier 4 Sponsor Licences

Our experienced team of professionally qualified solicitors and barristers will guide you through the Tier 4 sponsor licence process step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your Education Provider Sponsor Licence adviser; call us for a telephone consultation today.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181

The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media. You can apply for UK Business Visit Visa if you wish to come to the UK for business purposes.

 A Business Visitor Visa is suitable if:

• You’re attending a meeting or conference in the UK;
• You need to sign contracts in the UK;
• You’re delivering goods in the UK;
• You’re working in the tourism industry as a translator or tour operator in the UK;
• You work in IT or company infrastructure in the UK;
• You’re conducting a site visit in the UK;
• If you’re an academic visitor to the UK; or
• If you’re part of a film crew or religious group.

How we can help with UK Business Visit Visa?

If you wish to apply for a business visitor visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your application to the Home Office.

Qualifying for UK Business Visit Visas

To meet the requirements of UK Business Visit Visa:

• You intend to visit the UK for the purpose of conducting business on behalf of your overseas employers.
• You must plan to visit the UK for a maximum of 6 months and demonstrate an intention to leave at the end of that period.
• You will need to demonstrate that you are able to maintain and accommodate yourself and any dependants without seeking recourse to public funding.

What we can do for you to ensure your UK Business Visit Visa is successful

• The detailed assessment of your personal circumstances to ensure this is the right course for you.
• Completion and submission of your UK Business Visa application.
• Keep you updated in regards to your application.

What happens once you are in the UK on a Business Visit Visa

A Business Visit Visa lasts for up to two years if granted for more than one entry to the UK. However, you can only stay in the UK for up to six months at any given time. You will not be able to take up employment, produce goods, provide services or undertake a course of study whilst in the UK with a Business Visit Visa.

Why we provide the best legal advice for UK Business Visit Visas

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation, our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.

Expert Immigration

As a  law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including UK business visit visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for successful UK Business Visit Visa applications

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.

Employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. The sponsorship licence system allows businesses to recruit skilled workers from non-European Economic Areas. The rules on obtaining sponsorship licences can be complicated and our legal team is on hand to assist you with obtaining a licence.

Obtaining a Sponsorship Licence

As a sponsor you will need to provide evidence to the Home Office that you are suitable and eligible to become a sponsor. You will need to prove that you are a genuine employer based in and working lawfully in the UK and that you are able to comply with employment and immigration law and good practice. The Home Office will carry out appropriate checks before deciding whether to grant the licence. Once you become a sponsor, you will appear on the public register of sponsors which can be found on the Home Office’s website.

Employing Migrant Workers under the PBS

Once you have obtained a sponsorship licence, you can offer a certificate of sponsorship to the following:

• Tier 2 Skilled Workers: Includes General, Intra Company Transfer, Minister of Religion and Sportsperson routes; and
• Tier 5 Temporary Workers: Includes Creative & Sporting, Religious Workers and Charity Workers.

Consequences of Breaching Employer’s Duties

Employers have a duty to prevent illegal working and this is done by identifying potential employees who require permission to work in the UK and undertaking prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties for employers including fines and even imprisonment.

Our Legal Services

• Advise employers on the procedure for applying for a sponsor licence;
• Act as the Key Contact or Level 1 User or Level 2 User of the company;
• Advise employers/employees on the likelihood of getting sponsored under Tier 2;
• Advise and represent clients in making their leave to remain/entry clearance applications in line with the certificate of sponsorship;
• Advise and represent clients’ dependants seeking dependent visas;
• Lodge an appeal (in-country only) or make a request for an administrative review if the employees application is refused; and
• Judicial Review of refused Tier 2 visa application.

Why we provide the best legal advice for Tier 2 & 5 Sponsor Licences

We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also as a professional organisation our policy is not to employ sales staff to give you “advice” (all our telephone consultations are handled by lawyers). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made.

Expert Immigration

As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa or permit including sponsorship licence and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.

Contact us for successful Tier 2 & 5 Sponsor Licence

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181