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Globetrotters - senior personnel to spearhead development in new markets

19 June 2012 #Immigration


As more businesses look to transact business abroad and enter lucrative new markets, inevitably senior personnel with knowledge and understanding of those markets will be recruited from overseas to work in the UK to spearhead development.

Statistics from the China Association of Automobile Manufacturers show that in the year ending May 2012, year on year sales were up 22.56% in China. Forbes reports that Brazil has ended a 6 month slump in car sales with a 12% increase in new car sales in May 2012. Meanwhile, Reuters reports a year on year increase in sales of 11% in Russia for the year ending May 2012.

If statistics aren’t enough, General Motors CEO Dan Akerson is quoted in the New American as saying:

“[China] is the crown jewel in the GM universe.”

In order to recruit senior personnel to work in the UK, businesses will need to consider whether an individual has the appropriate permission to work in the UK. People who can work in the UK include:

  • Those with the Right of Abode (i.e British Citizens and some commonwealth countries)
  • Those with Indefinite Leave to Remain
  • EEA and Swiss nationals
  • Those with a UK Ancestry visa
  • Points Based System (PBS) migrants and their dependants – restrictions apply
  • Pre-PBS equivalents – restrictions apply
  • Family members of settled people
  • Various other categories

Overseas nationals, who do not have or are not related to a person with the Right of Abode, Indefinite Leave to Remain, EEA nationality, Swiss nationality or UK Ancestry will increasingly be relying PBS visas to obtain permission to work in the UK. However, as PBS was set up to be flexible enough to deal with changes in the economy and the rate of unemployment, the current system makes it very difficult for employers to successfully navigate and recruit overseas nationals. Nevertheless, the UK is still welcoming talented individuals and the motor sector could benefit from this.

Tier 2 (General) and Tier 2 (Intra Company Transfer) visas will allow motoring businesses to recruit individuals to come and work in the UK. In order to apply for these visas, employers will first need to obtain a sponsorship licence from the UK Border Agency. They will also need to comply Resident Labour Market (RLMT) test although there are some exemptions.

The RLMT is a recruitment method specified by the UK Border Agency which requires the employer to give preference to suitably qualified workers from the domestic labour market (i.e. UK, EEA and Swiss citizens). If the RLMT does not provide a suitably qualified worker, the employer is entitled to sponsor the overseas national to come to work in the UK. Provided the candidate then meets visa requirements, a Tier 2 (General) or Tier 2 (Intra Company Transfer) visa will be granted to enable them to work for the employer in the UK.

 

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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