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Hiring Management Consultants and Business Analysts From Outside The EEA

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By Kasia Janucik of OTS Solicitors

Whatever the economic climate, smart businesses are always looking to improve what they do and how they do it. Business analysts and management consultants provide expertise and knowledge that is not available in-house, allowing Boards to implement changes that will add value and increase profit.

Many UK-based companies are also transferring into international markets; especially post-EU referendum. Brexit negotiations are about to start. Yet there seems to be no clear agenda being provided by the British government as to how they plan to proceed with the talks. It is natural in such uncertain circumstances, for UK-based organisations to start exploring markets further afield, outside the EU.

For organisations looking to research new markets or improve operations in a non-EEA State, challenges can form with regards to recruiting the right talent in a competitive global market.

The UK government has become increasingly restrictive regarding the Employment of non-EEA nationals, meaning HR directors must be 100% confident of their ability to comply with Home Office obligations. The introduction of the £1,000 Immigration Skills Charge, which may increase to £2,000 under the re-elected Conservative government, means those recruiting non-EEA staff must get the process right first-time.

Steps to recruiting management consultants and business analysts from outside the UK

If your organisation is looking to recruit a management consultant or business analyst to help launch an overseas entity or improve an existing one’s performance, there are several steps you will be required to take. To achieve a swift, successful result, instruct a business immigration solicitor from the beginning of the process to provide the best, most up-to-date legal and commercial advice.

Obtaining a UK Sponsor Licence

Before you can recruit talent from outside the EEA, you must apply for and obtain a UK Sponsor Licence. However, before this step can be taken, HR directors need to make a full evaluation of the HR systems and processes within the organisation. Sponsor Licence holder’s duties are numerous and complex. They include:

  • ensuring that the Sponsor Management System is filled in when required
  • keeping on track with the record-keeping duties
  • ensuring Key Personal are adequately trained
  • capture any migrant behaviour that may cause concern to the authorities
  • monitor employeesImmigration status
  • maintain migrant employees’ address and contact details

Understanding the Codes of Practice for Skilled Workers

The Code of Practice for Skilled Workers sets out the appropriate salary for occupations skilled to NQF Level 6, which includes management consultants and business analysts. HR directors who plan to employ non-EEA migrants in the aforementioned positions will need to pay them at least £30,000 or the recommended salary rate, whichever is greater, for them to be eligible for a Tier 2 visa.

The complete section relating to the Code of Practice for management consultants and business analysts to qualify for a Tier 2 visa is set out below:

2423 Management consultants and business analysts

Example job tasks

• assesses the functions, objectives and requirements of the organisation seeking advice;

• identifies problems concerned with business strategy, policy, organisation, procedures, methods and markets;

• determines the appropriate method of data collection and research methodology, analyses and interprets information gained and formulates and implements recommendations and solutions;

• advises governments, commercial enterprises, organisations and other clients in light of research findings;

• runs workshops, and addresses seminars, conferences and the media to present results of research activity or to express professional views.

Related job titles:

• Business adviser

• Business consultant

• Business continuity manager

• Financial risk analyst

• Management consultant

Salary rates:

New entrant: £22,900

Experienced worker: £30,700

Understanding the Resident Labour Market Test

Neither management consultancy or business analyst appear on the UK Shortage Occupation List (business analyst appears in a very narrow context for some IT sectors such as gaming and as a data scientist).

Therefore, you are likely to need to conduct a Resident Labour Market Test (RLMT) to ensure a UK or EEA citizen is not able to fill the position.

The requirements of a RLMT are strict. For example, you must:

  • Run an advertisement for the position you are recruiting for, and these must be run for a period of at least 28 days;
  • Place two advertisements for the role in question on an approved recruitment platform; and
  • Ensure the advertisements contain detailed information on the skills and qualifications required for the role, along with information concerning the location, salary, and a job description

If the RLMT is not run in full compliance with Home Office rules and regulations, it will be invalid and you may be prevented from issuing a Certificate of Sponsorship, costing your HR department significant time and money.

The importance of investing in expert business immigration advice

business immigration law is complex; therefore, investing in a lawyer who can provide you with the best strategy and advice will add value from the beginning of the process.

At OTS Solicitors, our business immigration solicitors are considered some of the best in London. We can act as your Key Personal, conduct mock audits to ensure your HR systems are fully compliant throughout the life of your Sponsor Licence, and conduct a compliant RLMT. We have assisted many companies in recruiting high-calibre management consultants and business analysts.

By leaving the entire process to us, you and your team can concentrate on other parts of your business, in the confidence that any matter relating to employing non-EEA talent is being taken care of. Should the Home Office pay a ‘surprise’ visit to your premises, we will provide you with the peace of mind that your HR systems and record-keeping processes are in order, and your organisation will maintain its A-rated Sponsor Licence.

OTS Solicitors is one of the most respected Immigration law firms in London. By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. Our business immigration solicitors, have extensive experience in assisting HR departments in all commercial Immigration matters.

If you wish to discuss any of the points raised in this blog, please phone our London office on 0203 959 9123.

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