Lawyer Monthly - May 2022

EXPERT INSIGHT 38 WWW.LAWYER-MONTHLY.COM | MAY 2022 this category will facilitate moves to the UK to undertake work related to business expansion into the UK, including establishing subsidiary entities and branch offices. The entity will need a provisional sponsor licence to set up in the UK. The Sole Representative of an Overseas Business route will discontinue, and the new scheme will enable more than one worker per business to enter the UK. One major drawback of this change is that it will no longer lead to settlement in the UK. • Service Supplier – This is a new route for overseas employed and selfemployed persons coming to the UK to provide services covered by one of the UK’s international trade commitments. This will also replace some of the Tier 5 temporary work visa routes. • Secondment Worker – This is a new route for workers seconded to the UK as part of a high-value contract of investment by their overseas employer. These new routes are arguably necessary to provide greater clarity around the activities and business objectives that can be pursued in short-term work categories. Global Business Mobility provides an overarching framework that covers a lot of business needs. It can be developed and flexed over time as the labour market evolves with the “Global Britain” (post-Brexit) policy initiatives. Generally, the immigration process is the same for each of the sub-categories, with increased reliance on biometrics and digital application. From May 2022, a “High Potential Individual” visa is set to come into force as a new route to attract “the brightest and the best” to the UK. How will this benefit businesses and do you foresee any drawbacks with the HPI visa? This route is for recent graduates of top global universities following the successful completion of an eligible course of study equivalent to UK bachelor’s degree level or above within the previous five years. There is no need to have a job offer in the UK to apply for the visa. The initial permission is granted for two years for applicants relying on a qualification equivalent to a UK Bachelor’s or Master’s level degree, or for three years where the applicant holds a qualification equivalent to a UK PhD. There are no extensions and no route to settlement. This route aligns with the UK’s ambition to attract talent from around the world and will provide businesses with access to top graduates as part of the talent pool. It will allow them to be hired on a temporary basis in the UK. However, the lack of extensions or a route to settlement may not be attractive to individuals and sponsorship under the SW route will therefore be required to retain the individuals in the country over the long-term. What do Parliament’s changes mean for Magrath Sheldrick as a firm? Whilst the changes are not as radical as the SW scheme (introduced in December 2020) or completely in line with the Migration Advisory Committee’s recommendations (for an ICT scheme to lead to settlement), the changes will enable our clients to access a wider range of talent from outside the UK. We Global Business Mobility provides an overarching framework that covers a lot of business needs.

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