New Rules For Migrants In The UK
November 26, 2010 by Damian
I have just seen this article in the ALB and thought that it would be worth sharing. It seems like not only are there currently fewer jobs in the UK but the government are making it harder for overseas lawyers to have access to them.
Australia lawyers thinking of heading to the UK in the near future will need to consider their options carefully following changes to the British skilled migration rules. From April next year Australians and other non-European Union nationals wishing to work in the UK under the skilled migrant visa will need to have a job before they can apply. The number of migrants able to apply for a skilled migrant’s visa without a job offer has been cut to 1000 per year and will only apply to people of “exceptional talent”. The tier one general category has been widely used by law firms to bring in new recruits from overseas; law firms will now have to apply under the tier two general category for skilled workers, but will be restricted by the new annual migrant cap of 20,700 per year.
“In recent times some employers have preferred for staff to come on a tier one visa, as they don’t require a sponsorship and the individual is responsible for themself. But that option is no longer available to lawyers. If you are a lawyer, you will now only have the tier two option available,” said Mary Horniblow, manager, private practice and international, Mahlab.
Applicants under tier two are required to apply for a visa from the UK Border Agency through the PBS, will have to be of graduate level, be sponsored by an employer and will be awarded points based on scarcity of skills and salary. “Because they have limited the tier two numbers and severely limited the tier one cap, there will be more competition for skilled migrant visas,” added Horniblow.
The new limit will also affect law firms which swap staff with “best friend” firms in other jurisdictions, but will not affect intra-company transfers where the income of the professional is more than £40,000. However, those professionals are limited to a five-year stay. This may lead to more Australian and New Zeland based lawyers trying to get jobs in UK firms with offices locally, said Horniblow.
Australians who can show British heritage can still apply for ancestry visas, while those under the age of 30 may still apply for working holiday visas. However, those professionals who enter the UK on such a visa will need to re-apply for a skill migrant visa if they intend to stay past their 30th birthday or longer than two years.
Notwithstanding the fact that there is now a limited amount of visas available, this is similar to the system that was in place before the introduction of the Highly Skilled Migrant Visa which did seem to work reasonably well.
However, my view is that although these rule changes are understandable given the current state of the market in the UK and the amount of locally qualified lawyers looking for work, if and when the UK market picks up again and staff become increasingly harder to find, they could be very detrimental to UK firms who rely heavily on recruiting overseas lawyers when they are busy.
When that scenario eventuates, I would not be surprised to see some loosening of these restrictions to allow UK firms to hire good quality overseas lawyers in order for them to function properly. When that will be is the million dollar (or pound) question.
Interesting NZ Law Firm News!
May 25, 2010 by Damian
The New Zealand legal landscape is not known for providing a huge amount of exciting news but in the last week or so, I have seen a couple of very interesting articles that are definitely worth a read.
The first one concerns the standing of DLA Phillips Fox in NZ and whether the firm is going to split off from DLA Phillips Fox Australia
http://au.legalbusinessonline.com/news/breaking-news/45796.
It also mentions a very juicy bit of gossip about where the NZ arm of the firm may end up.
That story is all speculation but a very interesting factual development has just been announced by Minter Ellison Rudd Watts –
http://lawyersweekly.com.au/blogs/top_stories/archive/2010/05/24/minters-nz-taking-on-uk-work.aspx
Minters in NZ “has uncovered a new revenue stream working with UK-based law firms and clients to assist with their legal work at around half the price of UK-based lawyer rates”.
My first thought was that this was quite a strange move for a leading NZ law firm, given the concerns there are about outsourcing, but on reading the article, the work accounts for less than 1% of the firm’s total revenue and is not in the firm’s core areas. So on reflection, I think that it is a very innovative idea for a NZ law firm, taking advantage of the expertise of the its lawyers and the time difference between NZ and the UK.
I suspect that this will not be the last time that this sort of arrangement happens!
The final article of interest concerns Kensington Swan –
http://au.legalbusinessonline.com/law-firms/new-equity-structure-ruffles-feathers-at-kensington-swan/1001/45857.
These sorts of things happen all the time in the UK, US etc so are hardly news at all over there. However, over here, they create a little more of a ripple.
Sometimes, when talking to people about the legal market in NZ, comments are made about how nothing ever seems to change. Judging by these 3 articles, it seems like there is going to be a bit of a shake up down here. AT LAST!
It’s Not All Good News
February 18, 2010 by Damian
2010 has started off with a sense of renewed confidence in the legal recruitment market. There is ‘cautious optimism’ that this year will see an increase in the amount of vacancies around which will bring a sigh of relief to numerous jobseekers who are keen (and have been for a while) to move on from their current roles.
I concur with this optimistic view of what 2010 will bring but the news that has come from the South Island this week – see link below - is a reminder that the market is by no means stable and there will continue to be some bumps along the road before we can safely say that we are ‘back to normal’ (whatever that is).
http://au.legalbusinessonline.com/news/breaking-news/40320
The message that I have taken from this unfortunate development is that we should not just have blind faith in the recovery and we must realise that any optimism for the year ahead should indeed be ‘cautious’.
An important caveat to this article is that a final decision has not been made by Anderson Lloyd so it is not certain that there will in fact be redundancies made. However, the message of caution for the rest of us still stands.
Interesting Articles For 2010
January 12, 2010 by Damian
I have come across a few articles recently that I thought that I should share.
The first three come from the ALB website and can be found by following this link -
http://www.au.legalbusinessonline.com/e-magazines/magazine.aspx?id=39186.
In this edition, there is an article about Kensington Swan’s decision to open an office in Abu Dhabi as well as an interview with the new Chairman at Simpson Grierson in which he talks about his plans for the future of that firm. Another very interesting article called ‘Southward Bound’ discusses the difficulties and benefits of North Island firms operating in the South Island.
Over at Lawyers Weekly, I found some very illuminating articles describing the year just past and the year just begun under the very dramatic headline of ’2009 - The Year That Changed The Legal Profession’ :
http://www.lawyersweekly.com.au/news/au/features/special_reports/
Another one to have a look at, also from Lawyers Weekly, again grandly titled ‘Five Tips To Get To The Top’ gives some hints about how to best position yourself when you are thinking about changing jobs. All are pretty obvious but it is worth a look, nonetheless.
The last one for the time being gives an overview of the markets across the globe and tries to predict what locations will be attractive for lawyers in 2010 -
I am not sure whether I completely agree with some of this analysis but suffice to say, there will hopefully be more activity in these areas than there was in 2009!!
Overseas Markets Update
September 10, 2009 by Damian
The most overused phrase at the moment is ’green shoots’. I hate that phrase. (It’s like marketers talking about going for ‘low hanging fruit’ – I really hate that one.) What is wrong with asking: ’do you see any signs of recovery?’ or ‘are things getting any better?’ Why do people insist on talking about ‘green shoots’? Does no-one realise that ‘green shoots’ can get trampled on very easily? If anyone catches me using it, please feel free to slap me. Hard.
In any case, to answer the question: ‘ are things getting any better?’ I thought that it would be a good idea to give the views of colleagues of mine working in London, Australia and Asia. I will give my twopence worth on the NZ market in a separate post.
I work very closely with an agency in London and was speaking to them last week about the state of the market over there at the moment (not once was ‘green shoots’ mentioned). Their view was that even though it is still ‘incredibly tough’, the worst is almost certainly behind them. They are basing that view on the fact that they are now starting to receive instructions from firms to look for people other than litigation/insolvency/restructuring lawyers. Some firms are even going so far as to hire for their corporate or finance teams. That is the good news. The not so good news, from a NZ lawyer’s point of view, is that these firms are only looking for locally qualified (preferably Oxbridge educated), Magic Circle lawyers who have not been made redundant – that is quite a tight brief.
As such, if we are to look to the future, the first ‘cabs off the rank’ (a cliche I don’t hate as much as ‘green shoots’ or ‘low hanging fruit’) are going to be exactly the type of lawyers mentioned in the previous paragraph – the absolute superstar candidates. When we are at the point when this candidate pool has been exhausted, I think that the firms will then turn to the well quailfied, well educuated, solid City lawyers – ‘the safe pairs of hands’ (the cliches are piling up now). Only after this pool has been emptied will, I believe, the firms start to look at really high quality overseas lawyers but it really will only be those at the ‘top of their game’ over here (that’s another one to add to the list). Then it will go to good quality UK lawyers and then to good quality overseas lawyers and so on and so on.
In other words, there is going to have to be quite an uplift in vacancies in the London market before overseas lawyers will start to get a look in because there are plenty of locally qualifieds to get through first. When this will happen is anyone’s guess but if you asked me to look into my ‘crystal ball’ (another one), I don’t think that there will be many overseas lawyers securing positions in London until mid next year. I hope that I am wrong about that but it will take an incredible turnaround in fortunes for it to happen any time before then.
It is a similar story in Australia. The market there was hammered in the last year but it seems to have ‘flat-lined’ (I promise that will be the last one) and to be on the improve. Again, it will take some time for NZ lawyers to secure positions over there in numbers as there are a lot of good quality Australian qualified lawyers to be slotted in first before employers will start looking at Kiwis. However, the economy over there has rebounded very well so hopefully Australia may be a viable option, if not this year, maybe early next.
Which leaves us with Asia which may well be at the forefront of recruitment activity in the very near future. My colleagues over there told me that they are ‘very busy’ at the moment, admittedly with a lot of insolvency/restructuring work but again they are coming across some corporate/finance roles as well.
This view is backed up by this article from the Asian Legal Business magazine – http://legaljobscentre.com/career-tips/37016/details.aspx although be warned, it does mention ‘green shoots’.
Again with the good news, comes the not so good. The not so good news is that getting a job in Asia has never been easy and only those candidates who have worked in a top tier firm, have excellent academics and at least three years could hope to get a job in a good market. In a tighter market, this quality threshold has been raised even higher to include language skills as being a more important consideration and candidates’ motivations for wanting to move to Asia will be more closely monitored than ever before.
So, all in all, things are still very tough overseas and there is still a lot of correction needed in the market but if you can stick it out for another 6-12 months, your chances of securing something in London, Australia or Asia will be much better than they are now.
Fingers crossed that those ‘green shoots’ continue to grow.
SLAP.
“Salaries plateau in 2009 – but for how long?”
June 30, 2009 by Damian
Have a look at this article from the Australasian Legal Business (ALB) magazine (and not just because I am quoted in it!) – http://au.legalbusinessonline.com/news/analysis/salaries-plateau-in-2009-but-for-how-long/35739.
It gives a very interesting overview of the Australian legal market and how the GFC has affected it, especially in relation to salaries.
Whether it is just that NZ firms keep this information quieter or whether they are just in better shape than their Australian counterparts is a point for discussion but it seems like we in NZ have not been hit quite as hard as our friends across the Tasman.
It would be interesting to hear some anonymous views on the subjects of salary freezes in the NZ market so if anyone wants to share some information on this subject, please do!