Global mobility: what are the main issues for an employer to consider?

The President-elect’s approach to “America first” is expected to impact international businesses, both in terms of the growth of their business, and where they can employ people when he comes to power. This is not least due to the proposed policies in America that, if implemented, will make it more difficult for employers to employ who they want, where they want, and move people around their organisations globally. 

The change of government is anticipated to have broader effects on where individuals choose (or are able) to live and work in the short and longer-term. Options and choices may relate directly to people flows to and from the US, and to and from regions likely to be affected by the US’s foreign policy under the Trump administration.

How the above will materialise in practice for global mobility professionals in the short-term appears to fall into three areas: 

1. Talent acquisition 

2. Business travel compliance 

3. Impact on US work visa applications

We discuss these in turn below, before setting out some of the nationality and immigration options that may be available for those businesses and individuals now considering a move to the UK.

Talent acquisition issues 

Following in the footsteps of well-known personalities who have said they’d rather live abroad than in the US during a second Trump administration, we may well see an increase in the number of US employees who want to temporarily leave America for the next four years and experience life outside of America. This may particularly be the case for employees who are currently under a visa programme in America and may question or feel unsafe about their continuing visa status. Companies offering long-term remote overseas working, secondments or relocations may well see an increase in their American colleagues wanting to explore these options. 

If individuals prove serious about their intentions to leave or avoid the US, this could impact a business’s talent acquisition options. Businesses may also experience an increase in the costs associated with the immigration and mobility process as employees are relocated around the globe. 

Business travel 

The new President’s immigration policy may well extend to impact on business travel into the US as business trips into the US which may have historically been routine, may not be as easy as they are now. In his first term in office, the President-elect had implemented visa and entry bans for nationals from specific countries. The potential for the revival of this past travel ban should be a key consideration for global mobility professionals and how this may impact on business travellers to the US who are nationals from these previously restricted countries. 

The speed at which the President can implement changes in policy without previous notice as a result of executive actions should also be a consideration, and planning around how to manage changes and contingency planning for disruption to business travel should be undertaken. 

Impact on US work visa applications

In terms of what the new Presidency might mean for business immigration, there is speculation that the processing times for the H-1B and L-1 work routes may again increase as they did under the last Trump administration, and that extensions and green card applications may be made more difficult. Work right petitions for partners of workers in these routes may also be delayed or discontinued.

More generally, the movement of people into America (e.g. an inbound secondment, or relocation) could face some additional challenges as a result of stricter immigration rules that the President-elect has stated will form part of his agenda. At the very least, there are expected to be longer wait times, more scrutiny on visa applications and requests for further evidence to support applications from non-Americans wanting to seek the right to work and live in America.

There are currently conflicting views on whether businesses should consider making a mad dash to make moves pre-20 January 2025 (inauguration day). 

There are certainly concerns expressed by businesses that to benefit from the pre-Trump processes and systems, getting all visa applications and renewals in before this date may be beneficial. However, the increased influx of requests may lead to significant processing delays. 

With the expectation of delays, businesses will want to ensure all potential moves into the US are planned as far in advance as possible to accommodate potential delays and complications regarding visa processes. 

Nationality and immigration options for those considering relocating to the UK 

We have already been receiving enquiries from businesses and individuals who are considering the UK as a place to live in the wake of the election result. Below is a summary of some of the main potential options for adults relocating to the UK. 

British citizenship

Individuals who were born outside the UK and who have a British mother or father who was born in the UK may already be British by descent and not realise it. 

In some other cases, they may be eligible to register as a British citizen. This may apply to those who are not already British but who have a British parent or grandparent.

Family routes

The Partner route may be an option for people who have a spouse, civil partner, or have been in a relationship for at least two years, with someone who is British or has settled status (permanent residence status) in the UK. This route leads to settlement after either five or ten years.

Work routes

If an individual is able to secure an eligible job offer from a licenced UK sponsoring employer, the Skilled Worker route may be suitable. This route can be used for intra-company transfers where the intention is for the transferee to settle in the UK. Alternatively, if only a fixed-term transfer is contemplated within an multinational group with a UK presence, the Senior or Specialist Worker route may be a possibility. Dependants are allowed on these routes. 

Leaders or potential leaders in the areas of academia/research, arts and culture or digital technology, may wish to explore the Global Talent route. This route allows for settlement in as little as three years.

For sponsored temporary work in the creative fields, the Creative Worker route could apply. This provides for an initial stay of up to 12 months, and an extension of up to 12 months to work for the same sponsor.

The UK Ancestry route may be applicable if an individual who intends to work in the UK, holds citizenship of a Commonwealth country (noting that the Commonwealth includes Canada) and who has a grandparent who was born in the UK, the Channel Islands or the Isle of Man. Settlement in this route is possible after five years.

Study-related routes

The UK has a Student route for international students. Those who are planning to study at bachelor degree or higher level may also be eligible in due course for the Graduate route, which allows post-study stay for a further two years (or three years for PhD/doctorate graduates). Note however that dependants may only accompany a student on the Student and Graduate routes where the course of study is a research Masters or higher level (e.g. PhD) course.

Individuals who have graduated within the last five years with a bachelor degree or higher qualification from an eligible top global university (many of which are in the USA) may be able to apply for a High Potential Individual visa. This allows a two-year stay (or three years for PhD/doctorate graduates) and allows dependants.

If you would like further information on the topics raised in this article, or require assistance with an international move, please get in touch with a member of our global mobility team.