Global Mobility and Immigration Services for Employers
Moving skilled employees globally has become a standard practice of many companies today, both for strategic purposes and to address the skills gap in local markets. However, companies must be aware of global mobility immigration and the business regulations of their respective countries.
If your company is considering the international mobility of its staff, an experienced and reputable business immigration lawyer can be of immense value. To receive bespoke global mobility services from our team of competent lawyers and immigration advisers, call us today at any of our offices +44 (0) 333 305 9375, +1 844 290 6312, (+353) 061 518 025 or +2342013438882, or message us online.
Overview of Global Mobility and Immigration
Most multinational corporations invest considerably in training their HR departments in the global immigration system nowadays. Still, they also need to be aware of the legal, political, and cultural aspects of global mobility.
In this article, we have focused on law and compliance, both from the perspective of our corporate clients and that of foreign employees. Employers must understand the legal requirements in the destination country to be eligible to move their staff from another country during an intra-company transfer.
They must also note that they must continue meeting certain compliance requirements when their foreign staff start working in the destination country until the end of such employment relationship. Foreign employees need to understand the visa processes thoroughly and the compliance requirements they must meet.
Although most companies will provide some kind of visa training and advice to their international intra-company transferees, it is recommended that the employees also do their research and consult an immigration adviser. Not adequately meeting the global mobility immigration requirements may have legal repercussions for employers and employees.
While companies may be barred from transferring their foreign staff to the destination country or face significant fines, the employee’s visa may be refused (or permission to remain curtailed if already overseas).
Page Contents
Global Mobility and Immigration: A Comprehensive Guide
Overview
Businesses have become more globalised, from MNCs to start-ups. Global mobility of talent has become imperative for companies to enhance their profit margins or secure growth prospects. If the situation demands certain skilled individuals to work on an offshore project for a specific time period or help set up an overseas branch, moving existing staff is a preferred option for companies compared to hiring locally.
A global mobility requirement may also arise for training purposes, e.g., sending company trainees or less experienced employees to work for an offshore branch to acquire the required knowledge and experience.
In essence, global mobility of talent helps businesses effectively solve emerging business challenges, enter fast-growing markets, and forge the global mindset that is deemed necessary for corporate leaders today.
Visa Complications
However, employers and businesses often struggle to understand the nuances of immigration laws and policies. The requirements for work visas and permits vary widely from country to country, and they may also depend on other factors, such as the company’s size and growth statistics, the job position, salary, and benefits offered.
Government agencies review the employer and their intra-company transferees before accepting a global mobility work visa or permit application. Therefore, employers and employees must ensure full compliance with the respective country’s immigration rules.
It is, therefore, highly recommended to consult with a competent and reputable business immigration lawyer even before you start designing your firm’s strategy around international transfers. Our Total Law legal team has the required knowledge, competence and experience to assist with your global mobility related immigration requirements. Call us today on +44 (0)333 305 9375 to discuss where and how we can help your business.
Visa Filings and Immigration Processes
Overview
The immigration requirements around global mobility and subsequent visa application processes vary from country to country. However, the global mobility immigration process is essentially an employer-led one where any company transferring their staff internationally must first obtain the relevant global mobility certification in the host country.
United States and Business Mobility
Multinational businesses who want to transfer employees to their US branches or subsidiaries, need to first file a petition (Form I-129) with US Citizenship and Immigration Services (USCIS) on behalf of the intra-company transferee. Once the petition is granted, the foreign employee can start applying for an L-1 visa, also called an intra-company transfer visa.
Canada and Business Mobility
Canada offers the International Mobility Program for high-skilled foreign nationals working temporarily in the country as intra-company transferees. Foreign employees of a multinational company outside Canada may be eligible to obtain a Labour Market Impact Assessment (LMIA)-exempt work permit to transfer to one of the company’s locations in the country.
United Kingdom and Business Mobility
There are five Global Business Mobility immigration routes to the UK at present: a Senior or Specialist Worker visa, a Graduate Trainee visa, a UK Expansion Worker visa, a Service Supplier visa, and a Secondment Worker visa. Overseas businesses can use these routes to temporarily transfer their foreign national staff for specific work assignments that cannot be undertaken by their UK-based employees.
However, to do so lawfully, the employer requires a valid sponsor licence in the UK for the relevant route(s). For the Senior or Specialist Worker route, the company must hold a Worker sponsor licence in the UK. For the rest, a Temporary Worker sponsor licence is required.
After obtaining the relevant sponsor licence, the employer will issue a certificate of sponsorship to the intra-company transferee, upon receiving which the foreign employee can start their visa application process.
In addition, the employer and employee must comply with the UK global mobility immigration requirements for the entire employment period (and be subjected to inspection by the Home Office at any time).
Government Regulations and Legislation Impacting Global Mobility
Government policies and regulations around global mobility changing over time can have a profound impact on a company’s intra-company transfer decisions as well as its existing staff on global mobility programmes.
An employer’s ability and willingness to transfer its employees internationally depend on the existing legal, economic and tax relationships between the home country and the host country.
Companies as a whole must always be prepared for changes in work visa or permit requirements and take timely steps to mitigate any legal repercussions for themselves or their staff on global mobility visas.
Brexit affected the whole process of sending UK staff to Europe and vice-versa to a great extent as the same was not covered any more by the freedom of movement principle, making some companies even consider moving their headquarters outside the UK.
The USCIS policy update in October 2023 clarified that if an international organisation fails to submit an extension of its blanket L-1 petition on time, it will not trigger the three-year waiting period before another blanket petition may be submitted. This move will immensely benefit international organisations that submit such petitions to transfer multiple foreign employees to the US.
The above-mentioned scenarios illustrate how government legislations play a crucial part in strategic business planning when it comes to staff immigration.
Managing Global Mobility Programmes Effectively
Managing global mobility programmes requires a thorough understanding of the immigration and visa requirements, tax implications, issues relating to social security, local employment law, and compensation issues, among the many factors involved.
Some countries would also scrutinise the details of global mobility jobs offered by a business. Sometimes the respective government departments will even comb through the global mobility job description to ensure why the position cannot be filled in by a local employee. Compliance is utmost when it comes to a successful global mobility programme as one misstep may considerably impact not only the present case but also future immigration applications.
In view of increasingly greater immigration law enforcement and harsher penalties, an effective global mobility programme must address all of the legal, tax and administrative issues involved, so that both the employer and the employee continue leveraging the global mobility benefits.
How Can Total Law Help?
Our Total Law team of sympathetic immigration lawyers have the required expertise and experience to assist corporate and individual clients with their immigration requirements around global mobility, regardless of the complexity involved in a case. We have worked with several companies and organisations in the past, providing timely and cost-effective solutions to their business immigration challenges.
At present, our global mobility lawyers support the US, Canada, Spain, the UK, Ireland, Germany, France, New Zealand and Australia. However, we are expanding our footprint continuously so please check our Total Law homepage from time to time for service updates.
To know more about the legal services we provide and how we can help you, please call us on +44 (0)333 305 9375 or message us online today, to speak to our team of global mobility advisers and immigration lawyers.
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With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
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Related pages for your continued reading.
Frequently Asked Questions
Immigration is a fundamental part of any global mobility programme, given that to transfer employees internationally a company needs to effectively understand and abide by the destination country’s immigration policies. Global mobility HR professionals must keep track of all immigration policy and process updates.
An effective global mobility programme can help companies access a larger talent pool beyond domestic labour markets, promote cultural diversity and inclusivity in the organisation, provide employees with development opportunities (resulting in retaining skilled staff and attracting new talent), increase innovation potential, foster a healthy competitive culture, and address strategic talent requirements.
