Selecting a legal advisor

If you do decide to use a legal advisor, there are various options available,
which this page will explore.

Recruiting overseas care workers can be complex and time consuming and it requires ongoing compliance with legal requirements. Using a legal advisor specialising in commercial immigration should ensure you get things right first time, although the process does not require legal expertise.

The decision on whether to use a legal advisor comes down to internal capacity, experience in this area and resources. Should you wish to handle the process yourself, be mindful that it is a big undertaking, which can prove costly if you get it wrong.

Services offered

Depending on the legal advisor, typical services offered will include:

Assistance with sponsor licence application
Assistance with allocating the CoS (Certificate of Sponsorship) and Skilled Worker Visa Applications
Assistance with overseas worker employment contracts / supplementary agreements
Using SMS (Sponsor Management System) and UKVI Compliance
Preparation for a UKVI compliance audit
Carrying out a mock, on-site UKVI compliance audit
Training
Ad hoc advice

Law firm or immigration advisor?

If you do decide to use a legal advisor, there are various options. Firstly, you need to decide between whether to engage a law firm, or an immigration advisor. The following information provides a general overview. When selecting a legal advisor, it is essential to conduct your own due diligence as every law firm and immigration advisor is unique.

Law firm

Law firms are staffed by solicitors who are experts in the relevant areas of law, and they are authorised and regulated by the Solicitors Regulation Authority (SRA).

Pros: wide range of resources and expertise in various areas of law, including commercial immigration. They can provide more comprehensive legal advice and support, including assistance with compliance issues, contract negotiation, and dispute resolution. Additionally, law firms are often held to high ethical and professional standards, providing clients with confidence in their advice and representation.

Cons: law firms may have higher fees, and – depending on their size and complexity – it may be difficult for clients to receive personalised attention or to develop a close working relationship with the lawyers handling their matter.

Immigration advisor

Immigration advisors are not necessarily qualified solicitors and may not have the same level of expertise or regulatory oversight, although they are regulated by the Immigration Advice Authority

Pros: Immigration advisors may provide more specialised support than law firms. They may also have lower fees and may be more accessible for clients who require more personalised attention. Furthermore, given their size, you may find that some immigration advisors are not required to charge VAT.

Cons: Immigration advisors may have limited expertise outside of immigration and are unlikely to be equipped to handle more complex legal issues. Additionally, immigration advisors are not held to the same ethical and professional standards as law firms.

Law firms – large or small?

If you decide to engage a law firm, the main decision will be whether to go with a large general law firm, or a smaller law firm specialising in commercial immigration. Large firms typically have a wider range of resources and expertise but they may have higher fees. By comparison, smaller specialist law firms may have a deeper understanding of recruiting overseas care workers and may charge less.

Employment contracts

For advice on employment contracts, you will need to consult a law firm practicing in employment law. It’s important to emphasise that overseas recruits should receive the same contract as non-overseas staff. However, you may wish to include an additional agreement to enable the recovery of certain immigration fees and expenses you incur. Deducting from an employee’s wages is unlawful unless there is a specific provision in their contract allowing you to do so. A law firm will be able to ensure that you get this right.

Alongside the contract, the employment offer you issue to an overseas recruit is vitally important as it needs to include key particulars of employment which they will need for their visa application (for example, salary and working hours). Any legal advisor, including immigration advisors, should be able to advise on what needs to be included.

For further information on contractual practices, including repayment clauses, see the Department of Health’s Code of practice for the international recruitment of health and social care personnel in England.

Making the right decision

Here are some steps you might wish to take to make an informed decision:

This will help you determine what type of legal or immigration support you require. For example, you may need assistance with visa applications, compliance with UK immigration laws and regulations, or advice on employment contracts and working conditions.

Once you have a clear idea of your needs, start researching potential law firms or immigration advisors that specialize in the relevant areas. Look for firms that have experience working with care providers, as well as those with expertise in UK immigration law and international recruitment. You may want to ask for recommendations from other care providers, industry associations, or professional networks.

Before engaging a law firm or immigration advisor, it’s important to check their credentials and track record. Check that they are registered with the appropriate regulatory bodies and have a good reputation in the industry. You can also ask for references from past clients or check online reviews and testimonials.

Once you have identified potential law firms or immigration advisors, schedule a consultation to discuss your needs and objectives. This will give you an opportunity to ask questions, assess their expertise and experience, and get a sense of their communication style and approach.

After consulting with potential law firms or immigration advisors, evaluate their proposals and fees. Look for firms that provide clear and transparent fee structures, and that offer competitive pricing for the services you require. Be sure to also consider the value of the services provided, as the lowest cost option may not always be the best choice.

Finally, once you have evaluated the proposals and fees, make a decision and engage the law firm or immigration advisor that best meets your needs and objectives. Be sure to establish clear expectations and communication protocols from the outset and monitor progress throughout the recruitment process to ensure that your needs are being met.

Costs

We’re unable to provide specific information around the costs charged by different legal advisors as this is dependent on the specific services you require. As has been mentioned, it’s important that you obtain a proposal, including fees beforehand. As a rough guide, you will generally find costs fall into four brackets:

££££

(most expensive)

larger law firm

£££

smaller specialist law firm

££

immigration advisors

(least expensive)

online immigration advisor platforms

It’s worth noting that the service you receive will not necessarily be better, the more you pay. And whilst a large law firm will have access to top legal expertise, across many areas, a smaller immigration advisor might be more geared to providing ongoing, personal support (and may not be required to charge VAT).

Screening process

Check registration:
• Solicitors Regulation Authority (SRA)
• Immigration Advice Authority (IAA)
Additional credentials, memberships, professional affiliations, etc.
e.g. Legal 500, Immigration Law Practitioners’ Association (ILPA)
Do they have a Business Employment & Immigration Team?
Do they have experience in the Health & Social Care Sector?
What are their fees? Do they charge VAT (some smaller IAs may not)?
What services do they offer?
Obtain references/feedback from previous clients
Consult with other local care providers for recommendations
Check with your local Care Association to see if they have any commercial partners in this field who may offer discounts to Care Association members
Where are they based?
How long have they been operating (check Companies House)?
Check LinkedIn for further information