Lawyer Monthly - May 2022

37 MAY 2022 | WWW.LAWYER-MONTHLY.COM arliament recently made substantial changes to immigration rules in the UK, including the introduction of a new, modernised Business Mobility suite of work schemes from April 2022. What will be the most common implications of this for UK businesses? The new Global Business Mobility (GBM) visa routes came into effect on 11 April 2022. For the most part, this is a rebranding of existing Intra-Company Transfer and Sole Representative of an Overseas Business visa routes, with some tweaks. The Secondment Worker route opens up more options for businesses to transfer individuals not currently employed by them overseas to work on a contract in the UK. With the introduction of the Skilled Worker (SW) route in December 2020, which has lower salary thresholds and a pathway to settlement, it is unlikely that the GBM visa routes will be attractive to most UK businesses, other than in very specific circumstances. However, it does provide options to transfer existing employees into the UK faster than under the SW route (as there is no need for a defined CoS and no need for the English Language requirement) and then potentially switch them once within the UK if they intend to live in the UK on a long-term basis. The GBM visa route contains five immigration subcategories for individuals to enter the UK for business activity. Why are these different subcategories necessary and how does the immigration process vary between these subcategories? The GBM route contains five immigration subcategories for individuals to come to the UK for the purpose of business activity. These routes do not lead to settlement in the UK. They are as follows: • Senior/Specialist Worker – This replaces the current Intra-Company Transfer route, with very similar provisions regarding 12 months prior employment abroad (unless the salary is in excess of £73,900). The minimum salary will increase slightly to £42,400 per year. • Graduate Trainee – This route replaces the Intra-Company Transfer Graduate Trainee visa category; it will be for individuals enrolled on graduate trainee programmes for their multi-national employer who are paid at least £23,100 per annum or 70% of the pro-rated going rate for the occupation, whichever is higher. • UK Expansion Worker – This route will replace the Sole Representative of an Overseas Business visa route; What are the Challenges Facing Corporate Immigration in the UK? In the wake of Brexit and shifting government policies, corporate immigration in the UK has seen a number of changes. The most recent of these is the April introduction of the new Global Business Mobility visa routes. We hear from Joanne Taylor, partner in Magrath Sheldrick’s immigration team, who sheds light on the state of these and other UK visa routes and the wider challenges facing businesses and immigrants in the country. It is unlikely that the GBM visa routes will be attractive to most UK businesses, other than in very specific circumstances. EXPERT INSIGHT P

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