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.
Is Australia the New London?
September 27, 2010 by Damian
After eighteen months or so of pretty stagnant international recruitment and of candidates sitting tight and not investigating overseas opportunities, it seems as if, at last, people are now starting to move offshore.
As everyone knows, the usual route is to do some travelling through south-east Asia on the way to sleeping on some old mate’s floor in Earl’s Court or Clapham, drinking in The Church or The Outback, constantly checking out Easyjet and Ryanair for cheap European weekend getaways and hopefully getting some work with a reputable UK firm between weekends away and following the ABs on their annual end of year tour.
Although there are still a large number of people heading to the UK, I have detected a larger than usual number of people not wanting to go quite so far away and as opposed to drinking in some faux Australian bar in Covent Garden, they are looking to drink in a real Australian bar in Darling Harbour or St Kilda with weekends spent back home in NZ rather than in Estonia or Croatia.
The question that this has raised in my mind is – ‘why are more people now thinking about Australia rather than London’?
I think that there are a variety of answers to this. One of the main ones is simply a perception (and reality) that there are more opportunities for NZ lawyers in Australia than there are in London at the moment. The Australian economy has weathered the financial storm better than most and as such, after some headcount trimming in 08 and 09, most employers appear to be in expansion mode, albeit cautious expansion mode.
Secondly, the Trans Tasman Mutual Recognition Act which means that NZ lawyers can practice in Australia without taking any further exams (and vice versa), makes the transition a lot easier for both candidates and clients. Consequently, employers are much happier to take a NZ qualified on than perhaps any other classification of overseas lawyer and some candidates are delighted that they can effectively just get on a flight and start practising straight away. This development is not a new one but in these days of cautious hiring strategies, taking someone on who does not have any visa or requalification issues is a real advantage to an employer and as the UK tightens up on its visa quota system, it is becoming harder and harder for candidates to get a role over there without a EU passport or ancestry visa.
Another recent development that has, in my view, made Australia a more attractive destination is the arrival of some of the big UK brands into the Australian market. Both Allen & Overy and Norton Rose have entered the playing field (along with constant rumours of other international firms establishing a presence) so it is no longer necessary to go to the other side of the world to secure a role in an international law firm. The threshold to get into these firms is very high, meaning that only very highly skilled and experienced NZ lawyers will make it into one of these firms but their arrival is a signal, if one were needed, that the Australian legal market is one of the most sophisticated markets in the world, staffed by top quality lawyers where you can really grow and develop your career.
As well as the above reasons, I have detected a feeling that the recent economic turmoil has made some people reconsider what is important to them and some have decided that in difficult times, perhaps it is better to be a little closer to home than on the other side of the world. Perhaps, as a result of the GFC, London has lost some of its lustre for people and the ability to move out of NZ but be only a three or four hour flight away is more of a draw card than warm beer, dodgy pies and grey skies.
A stint in a law firm in London is always going to be on a lot of young lawyer’s ‘to do’ list but at the moment, there are more and more people thinking that a stint in a leading Australian law firm is as attractive, if not more so, than a move to London. Whether this trend will continue is anyone’s guess but my view is that as the Australian market becomes more internationally focussed, it is now a genuine alternative to the UK OE and one very worthwhile investigating.
If you do want to have a chat about opportunities in Australia, please get in touch. I would be delighted to talk to you about it.
The View From London
July 30, 2010 by Damian
In my last blog post, I commented on how important it is from a recruiter’s point of view not to exaggerate the overall health of the job market. Bearing that in mind, after talking to my colleagues in London during the week about what is happening over there, this is hopefully a realistic overview of the London market as it currently stands.
However, before talking about what is happening now, I think that it is helpful to briefly rewind and consider how things stood this time last year. Basically, it was rubbish. Firms were laying dozens of people off, morale within the firms was at rock bottom, the deal flow dried up and the end of the world was nigh. The chances of an overseas lawyer securing a role in London was as likely as Osama being invited around to Barack’s house for a cup of tea and a chin wag.
Now, however, things have changed. Whether it is a change of government, a change in perception or just the summer sun shining, it looks like the woes of late 2008/2009 are gone and have been replaced with a healthy but cautious optimism.
It is certainly true to say that the law firms over there are hiring again. It just takes a casual look at sites like Totally Legal and Seek to see that. What is interesting is that, in addition to the litigation roles that you would expect to see, there are now corporate and finance roles being advertised, along with roles in more niche areas such as IT outsourcing and competition/antitrust.
What is even more interesting is the type of firms who are recruiting. It is not, as you would expect, the Magic Circle behemoths who are out scouting about, it is firms in the mid-tier such as Travers Smith, Macfarlanes and SJ Berwin who are leading the charge. There is good talent around and firms like these are making the most of it.
So, there are jobs, that is not in doubt. So where does this leave the Kiwi lawyer who wants to go over and drink warm beer and watch the 2011 Rubgy World Cup in a packed overpriced Walkabout pub in Shepherd’s Bush? Well, the obvious formula is that the more jobs there are, the better chance of a Kiwi lawyer getting one. At a basic level, that holds true. However, it should not be forgotten that this jobs recovery is still in its infancy and there A LOT of locally qualifieds around applying for these roles.
As such, if you are serious about getting something in London, you have to remove as many barriers as you possibly can. Firms don’t want to interview you via video-conference and pay you relocation costs so the best idea is to go to London and be available to interview face to face. (I realise that takes the huge leap of faith of resigning from your safe and stable NZ job but this post is about getting a job in London and if that’s what you want to do, then resigning and going to London is your best bet).
If you are around the 1-2 year level, the best advice is to stay where you are for another year or so. The most competitive place to be is at the UK newly qualified level so if you can avoid getting involved in that bun fight, then I would recommend that you stay where you are, get another 12 months + experience and make your move then.
For those candidates who have 3 years plus experience, a visa/passport and are in London to interview, it is fair to say that there should be options for you to consider. However, it is still not going to be easy. The days of having multiple interviews have long gone and even if you do manage to get multiple interviews, this does not mean that any of those will translate into a job offer. The reason is that firms are now interviewing more people than they used to. You may be up against 8-10 people in the first round of interviews. That is a lot of competition. You have to be patient and make sure that you are working with reputable recruiters who are looking after you and giving you the best advice possible.
If you want to talk to someone about this, please get in touch with us now. We have contacts with a very reputable agency in London who will be able to present you with a wide range of options in private practice over there.
Encouraging News From London
January 20, 2010 by Damian
I received an email from one of my colleagues in London this morning which should give those people thinking of going to London some hope.
The tenor of the email was that although it is still very difficult for an overseas lawyer to secure a position in London, some firms are now are starting to look at overseas lawyers again.
The catch is that, as it stands, you really need at least 3 years experience from a leading firm, have a work permit (i.e. do not need to be sponsored) and be on the ground in London for interview.
I realise that these criteria are reasonably hard to meet but for those that do meet them, it looks like there may be some opportunities for you at present. For those that don’t, I’m afraid that the best advice that I can give is to sit tight and wait for the market to develop further and take your chance later in the year.
If you would like to have a chat about this in more detail, feel free to give me a call!!
Taking A Risk
August 25, 2009 by Damian
The other day I met up with a senior lawyer who I placed last year into a top tier firm here in Wellington.
This candidate is a born, bred and committed Aucklander who, at the time, had just bought a property near the Harbour, having just returned from the UK, and was initially only looking for roles in Auckland.
For a variety of reasons, none of the approaches to Auckland firms were successful so he took a risk and turned his attention to Wellington (where he knew only a handful of people) and was quickly snapped up by a firm who obviously saw some real long term potential in him. Unbeknownst to them, his thought at the time was to use his time in Wellington as a stepping stone to getting back to Auckland to live in his beautiful house near his family and friends.
However, as time has gone on, he has done exceptionally well in Wellington, he has a growing client base, a burgeoning reputation and a flat near Wellington harbour. He told me at the weekend that although nothing is certain, partnership is a real possibility now and as such, he has decided to sell his place in Auckland and settle in Wellington to pursue his personal and professional life down here.
Now the point here is not that Wellington is better than Auckland or vice versa but that this person took a risk in a difficult market and it has paid off in spades for him. He could have stayed in his comfort zone in Auckland and possibly picked something up in time but instead, he took the more difficult route of relocating and starting afresh and as it looks like he could be sitting at the partnership table soon, he deserves everything that is coming to him.
I realise that for a variety of reasons, some people cannot relocate to get a position. For others though, moving out of their comfort zone and striking out on one’s own in a new location, although admittedly daunting, could be the making of them, both from a personal and professional perspective.
As the famous ice hockey player Wayne Gretsky said: ‘You will miss 100% of the shots you don’t take’. In other words, if you are in the position to do so, take the chance to try something new. It could be the best decision you will ever make.