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You have made a Visa application, but what happens next? In this article our specialist business immigration solicitors explain the practical next steps, which must be undertaken by both the employer and the future employees once an application has been submitted.

Once the visa application is submitted but not yet granted

The worker must enrol their biometrics at the Visa Application Centre in their country. The worker should make an appointment to attend, where they will have their fingerprints scanned and a passport style photograph taken. When attending this appointment, the worker should also bring a valid passport or travel document. Without this biometric information, the Visa application will not be processed.

In addition, we advise that the worker attends the appointment with any mandatory or supporting documents that have been submitted with their application to address any queries or concerns.

Once the biometrics have been provided, the processing of the Visa takes approximately 4 weeks. Upon the conclusion of the processing, the worker will normally receive a letter or email which informs them of the outcome of the application. If the worker already has provided their biometric that this tends to accelerate the process and reduce the number of documents required.

Once the application is granted

When the employer receives confirmation that the Visa has been granted, they will need to ensure that the worker’s employment file is up to date. This will include ensuring it contains copies of the following documents:

  • Copy of the Contract of Employment signed by the worker
  • Evidence of recruitment: e.g. job advertisements, interview notes/ scoring, job offer letter/email
  • Full and clear Job Description
  • Evidence of any relevant qualifications held by the worker or previous references if applicable
  • Evidence that you have carried out the requisite Right to Work checks
  • Certificate of Sponsorship
  • Evidence of payment: payslips and if worker receives help with accommodation by the employer then copies of the value paid by the employer

Right to work

Many employers choose to undertake a manual right to work check, which requires the employer to examine the worker’s documentation. Government guidance provides an exhaustive list of the types of documentation which the employer is required to check, noting that this can differ between country of origin and visa type. Once the employer is satisfied that the worker has the requisite documentation, they should store copies for the duration of the worker’s employment and for 2 years after it ends.

Other things to consider

The employer will also have to ensure that they have updated the Sponsorship Management System (“SMS”) with any details which may have changed. For instance, the employer should ensure that the worker’s start date is correct as this may have changed due to processing times.

Employers can also be responsible for the practical elements of ensuring the worker gets to the UK and arrives for work. Therefore, they should ensure that they have booked suitable flights, secured accommodation for the worker and report on the SMS if the work doesn’t attend work.

Although the above represents the general steps to be taken in most applications, it is important to note that the requirements can differ depending on the country of origin. Therefore, employers and workers should carefully check whether they have complied with all country specific requirements prior to travel and that they full understand their compliance requirement when managing the SMS otherwise it can result in removal of the licence, civil penalties and in worst case criminal sanction.

Need to speak to a legal expert about a business immigration matter?

If you would like to discuss issues relating to Visa application or any other business immigration related matter, please get in touch by completing the enquiry form below.

Key Contact

Adam Haines

Adam Haines

Employment Law and Business Immigration Partner

Adam is a partner and specialist employment lawyer with experience advising on all aspects of employment law from the beginning to the end of the employment relationship and business immigration.

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