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

An immigration audit can help identify and resolve areas of immigration non-compliance in your organisation, to avoid Home Office scrutiny and penalties.

What are an employer’s immigration duties?

The Home Office regime for the Prevention of Illegal Working imposes mandatory duties on all UK employers. Where the Home Office establishes a breach of these duties, the employer becomes exposed to the civil penalty scheme, potential criminal sanctions and restrictions on sponsoring non-EEA nationals to work in the UK.

It is essential for UK organisations to ensure they have the required evidence of employees’ right to work on file, and that HR systems and processes are compliant.

If you do not seek the proper permission to employ workers from overseas, as well as undertake all prescribed documentation checks, you are liable for fines of up to £20,000 per worker and, in some cases, even imprisonment.

In addition, organiations who hold a UK sponsor licence are subject to further stringent compliance requirements as part of their sponsorship licence duties.

What we can do to help

HS Legal Solicitors’ immigration audit services can greatly ease the burden of ensuring that your company is, and remains, compliant with all immigration requirements.

As a team of immigration lawyers and former Home Office employees, we have an established reputation for conducting immigration audits and advising employers on compliance with their duties.

As part of our audit and compliance service, we consider a number of different aspects of compliance, which include:

• Right to Work document checking systems and processes – which documents are acceptable, when documents are checked, how copies are annotated and stored and diarising further required checks.

• Processes to avoid discrimination whilst complying with Prevention of Illegal Working requirements.

• Systems addressing immigration requirements such as permitted working hours for students on Tier 4 visas.

• Systems addressing sponsorship requirements such as minimum skill levels, minimum salary levels and advertising a vacancy to settled workers first.

• Systems addressing a sponsor licence holder’s duty to report to the Home Office events relating to the sponsored migrants’ employment and circumstances and on certain changes to the business itself.

Where appropriate we will provide sample documentation and suggest changes and suggestions as to how systems can be improved.

It is common for commercial leases to stipulate limitations on permitted alterations to real estate. A Licence for Alterations is required to guarantee that, upon the lease's expiration, the premises are returned to their initial configuration.

A Licence for Alterations is precisely that.

A tenant frequently requests specific modifications to the commercial property they occupy under the terms of a lease. The tenant will likely require the landlord's permission to implement these modifications. This authorization will be presented as a document titled "Licence for Alterations."

Why are modifications necessary?

These modifications may be necessary for an assortment of reasons, including:

• modifying the structure to accommodate the commercial needs of the tenant,
• performing the installation of new services
• Destroying walls to create a more open layout for the property
• Establishing offices or other compact spaces on the premises through the construction of walls or partitions.

The landlord's intention regarding the extent of the tenant's proposed alterations to the property and the terms of the lease will determine whether a Licence for Alterations is required.

Why a Licence for Alterations is important for Tenant?

A Licence for Alterations is important to the tenant for a number of reasons,

• to ensure they comply with the terms of their lease
• To avoid breaching the lease and facing enforcement action
• If a Licence for Alterations is not granted prior to the works being carried out and the tenant retrospectively seeks this, the landlord will be given a huge advantage in terms of negotiating power and the demands they can make for the Licence to be given
• Tenant seeking to assign a lease whereby unauthorised alterations have taken place may face difficulties in finding potential purchasers.

Why is a Licence for Alterations essential for a landlord?

A Licence for Alterations is essential for the landlord to ensure that all alterations made to their property are recorded accurately. Reinstatement clauses are frequently included in lease agreements. These clauses impose a responsibility on the tenant to restore the property to its original state prior to the commencement of the lease. This may involve the tenant removing any fixtures or fittings that were installed during their tenancy. Although these tasks are generally performed at the tenant's expense, the landlord must have a comprehensive understanding of precisely what needs to be removed.

In what ways may we be of assistance?

We acknowledge the critical nature of safeguarding the interests of both the landlord and the tenant in order to avert potential conflicts that may arise as a consequence of the proposed modifications. Whether you are a tenant or commercial landlord, HS Legal Solicitors can handle all the paperwork required to reach a satisfactory resolution for all parties.

If you have any specific questions or would like more detailed advice related to licence for alteration, then please contact on 01206500181.

The right of a landlord to regain possession of the premises and terminate the lease under specific conditions is referred to as "forfeiture." The right is specified in a lease clause. Indeed, explicit reservation of the right to forfeit is required in the lease.

When is the concept of forfeiture applicable?

The ability to forfeit grants the landlord the right to reclaim their property subsequent to a tenant's breach, thereby effectuating the lease's termination. In accordance with the grounds for forfeiture, termination may occur either immediately or after a specified period of notice.

Prior to forfeiting a lease, a landlord must establish the grounds upon which they have the authority to do so. The most prevalent method for accomplishing this is by invoking a lease provision that grants the landlord the authority to forfeit under specific conditions.

Additionally, it is noteworthy to mention that a landlord may exercise a right to forfeit in specific circumstances, even in the absence of a designated clause in the lease. When a tenant violates a lease condition, the right to the remedy automatically arises.

Get in Touch

The assistance of a professional is crucial when confronted with forfeiture due to non-payment of rent or violation of the tenants' covenant. HS Legal Solicitors are fully aware that attention to detail is vital in these matters and one of our experienced team members will deal with your matter efficiently in order to secure a professional and timely outcome.

For more details contact us on 01206500181.

One of our expert team members can help you with the assignment of a lease, and acquisition of existing leasehold premises, or the drafting of a new lease.

Definition of "Lease Assignment"

A lessee or tenant's entire entitlement to a particular property is transferred to a third party through the Assignment of Lease procedure.

What is a Lease Assignment?

A legal recourse available to a tenant seeking to terminate a non-expiring lease agreement is to assign or transfer the lease to another party. By way of illustration, in the event that a business ceases operations after 10 months of a 12-month commercial lease, the lessee may still choose to abstain from payment for the remaining 2 months through the assignment of the lease. The title of the document that certifies the transfer is "Lease Agreement Assignment."

Are there any responsibilities that the landlord assumes in the event of a lease assignment?

In the event of an assignment, the landlord is obligated to perform the following responsibilities under the Landlord and Tenant Act of 1988:

• To provide consent to an assignment, unless doing so would be deemed unreasonable.
• To grant permission expeditiously
• in addition to obtaining consent from a superior landlord, the landlord must take reasonable measures to obtain consent without excessive delay.

In the event that an agreement cannot be reached between the landlord and tenant regarding the assignment of a lease?

A tenant may believe he has sufficient grounds to assert a claim for lease assignment in certain circumstances, and the landlord's refusal of consent is unreasonable. In such a circumstance, the tenant is free to proceed with the lease assignment transaction without further action.

We recognise that this may prove to be a complex procedure and will provide you with guidance on all matters while ensuring that you remain completely informed throughout. If you have any specific questions or would like more detailed advice on the assignment of lease, then please contact on 01206500181.

If you are thinking about obtaining a freehold commercial property, HS Legal Solicitors will make sure that your case is handled by a skilled property lawyer, regardless of the type or worth of the transaction.

How can we assist you with the sale or purchase of a freehold business property?

Our commercial property team represents a diverse clientele of corporations and people in the United Kingdom, providing comprehensive advice on all aspects of owning commercial property. We acknowledge that these transactions entail various legal and business considerations. We will assist you throughout the entire transaction, starting from negotiating the Head of Terms and continuing until the contract is finalised.

Acquisition of a business property with permanent ownership rights

• Individuals buy commercial properties for various reasons, such as: 
• Gaining the freedom to modify the property according to their business requirements without seeking approval from a landlord 
• Ensuring long-term security and control over the property 
• Having the option to sublet unused parts of the premises 
• Making an investment

Offering for sale a commercial property with freehold ownership.

If you intend to sell your freehold commercial property, it is essential to seek reliable and comprehensive legal guidance from the beginning to ensure a seamless sale process. Our team of legal experts specialising in commercial property will provide guidance and recommendations on the following matters:

A meticulously crafted Head of Terms should include the following elements: • Explicit provisions for warranties and indemnities • Thorough negotiations on the purchase price and restrictive covenants • Clear delineation of your rights and obligations concerning any current tenants Contract exchange and fulfilment

Get in touch with us

We guarantee that your issue will be promptly handled by a seasoned property consultant, regardless of the type or worth of the transaction. We will ensure that a comprehensive and thorough investigation is conducted and assist you in navigating the procedure efficiently. Our proficient solicitors comprehend that these transactions encompass both commercial and legal matters and will support you throughout the entire process, from negotiation to completion. To obtain further information, please reach out to us at 01206500181.

Deeds of Variations permit modifications to a lease without requiring the tenant to sign an entirely new lease. You will be assisted by one of our committed specialists in extending a lease in a manner that adheres to the law, guarantees a positive outcome, and safeguards your interests at all times.

What is variation deeds?

When a lessee and lessee agree to modify the stipulations of a lease, a Deed of Variations is a customary instrument employed. It furnishes a structure by which the involved parties may record the specific modifications that have been reached.

Situations in which a Deed of Variations is unsuitable?

When either party desires to alter the dimensions of the premises or the term of the lease, this Deed of Variations is not appropriate for implementation.

What is the reason for a lease variation?

There are numerous potential causes for change. A frequent occurrence involving lengthy residential property leases is the identification of an error in the lease or its plan during the sale process, which necessitates rectification in order to appease the buyer or lender. An additional prevalent rationale is that although the lease terms may have complied with legal requirements at the time of its issuance, approximately three decades ago or earlier, they no longer align with current prudent or secure legal conduct, nor do they address risks perceived by lessors or lessees.

How we can help?

There are many reasons why a lease may need to be varied – whatever those reasons if you need an experienced opinion on whether you need to vary and a fast, competitive lawyer, get in contact with us.

The lease renewals team at HS Legal Solicitors provides landlords and tenants with guidance on lease expiration and comprehensive assistance to clients undergoing the process of renewing business leases.

Our Lease Renewal Services

• Analysis of the lease to determine if the commercial tenancy is protected by law
• Liaison with legal counsel to guarantee that statutory notices are served accurately
• Analysis, inspection, and measurement of transactions on comparable markets
• Consultations with the opposing party
• Suggestions for Mediation or Initiation of Legal Proceedings
• Formal settlement offers are issued to safeguard a client's ongoing court expenses.
• If necessary, provision of expert witness testimony and courtroom representation
• Consultation with legal counsel regarding the conditions of the new lease.

The 1954 Landlord and Tenant Act

After the lease term expires, organisations whose lease is governed by Part II of the Landlord and Tenant Act (1954) are permitted to continue occupying the space. Additionally, these commercial lessees are permitted to sign a new lease with comparable stipulations; however, the lease terms may be revised as deemed suitable.

With specific exceptions, a landlord may reject a new tenancy application and reclaim the tenant's property.

A professional property consultant can assist you in being well-prepared, which is advantageous. All International’s surveyors comply with the Royal Institution of Chartered Surveyors (RICS) best practice statements and civil procedural rules.

In what way can we be of assistance?

When it comes to lease terminations and renewals, HS Legal Solicitors will negotiate directly with landlords on your behalf. We shall guarantee the fulfilment of all rent assessment obligations and assist you in securing the most suitable lease. Additionally, we can provide guidance regarding service charges for commercial properties that are multi-occupied. With our team's proficiency in negotiating terms that prioritise the best interests of our clients and in consideration of your unique circumstances, we shall offer you suitable counsel.

If you have any specific questions or would like more detailed advice related to lease renewals, then please contact on 01206500181.