11 December 2024 Ep2. A Deep Dive into UK Immigration - The Global Mobility Series.

A Deep Dive into UK Immigration Law with Alex Finch: Navigating Skilled Work Visas and Global Mobility

We recently sat down with Alex Finch, a Senior Associate at Vanessa Ganguin Immigration Law, for an episode of The Global Mobility Series podcast. Alex’s 15-year career has spanned asylum, nationality, and corporate immigration, allowing him to witness and influence many shifts in UK immigration law. Through his insights and stories, we explored the evolving challenges of Skilled Work Visas and the broader field of global mobility in the UK.

Alex’s Path from Legal Aid to High-Profile Cases

This early role introduced Alex to a vast range of clients and cases, setting the foundation for his impressive career.

Over the years, Alex has worked with both everyday clients and high-profile individuals, from asylum seekers to members of royal families and professional athletes. Through these experiences, Alex’s compassion and expertise have only grown, making him a trusted name in UK immigration law. He shares that “personal immigration was always my interest,” which shines through in his dedication to clients.

A particularly memorable chapter in Alex’s career has been advocating for the Chagos Islanders’ citizenship rights. These descendants of displaced British citizens long sought UK citizenship, and Alex’s legal guidance and advocacy were instrumental to their cause. “I was only a small piece of a much larger effort,” Alex shares humbly, but his role was essential in finally giving these people a pathway to British nationality—a victory he considers a career highlight.

How UK Immigration Law Has Evolved

Having practised since 2008, Alex has seen UK immigration undergo major transformations. “There’s been a huge number of changes,” he notes, pointing out the significant impact of Brexit and the points-based immigration system. These changes have created both new opportunities and challenges for global mobility and Skilled Work Visa applicants.

One of the most impactful changes has been the end of free movement between the UK and the EU, following Brexit. With the new points-based immigration system, pathways for skilled workers have opened up, but Alex explains that many businesses face hurdles due to high costs. “Sponsoring a migrant worker…they have to be someone pretty valuable to the business,” he says, highlighting the financial barrier companies encounter in recruiting international talent under the Skilled Worker Visa scheme.

The digital shift in UK immigration has also reshaped the field, with many processes moving online. “When I started in 2015, we were filling out paper forms…submitting them in person,” Alex recalls. Now, with the introduction of e-visas and ETAs, applications are more efficient and accessible, but the shift also requires ongoing adaptation from both applicants and immigration professionals.

The Challenges of Skilled Worker Visas

When it comes to Skilled Worker Visas, Alex points out that the new system is both efficient and demanding, especially for smaller businesses. The costs associated with sponsoring skilled workers are significant, often putting a strain on smaller companies that may lack the budget of larger corporations. “The volume of guidance and rules…is prohibitive,” he explains, especially for HR teams already managing a host of other responsibilities.

Sponsoring a Skilled Worker Visa involves considerable administrative work, from gathering required documentation to meeting compliance standards. For smaller organizations, this often means seeking external legal guidance, as in-house HR professionals might not have the time or resources to navigate the extensive rules. Alex notes that “if you’re not a lawyer and you don’t work in this full time, then there’s no doubt that the volume of rules that you’re expected to be conversant with is…prohibitive.”

The costs aren’t just limited to visa fees; businesses must also factor in the Immigration Health Surcharge and the Immigration Skills Charge, making sponsorship an expensive commitment. This cost factor, Alex explains, is “the main limiting factor” for businesses looking to sponsor overseas talent, ultimately restricting global mobility and limiting opportunities for skilled workers who might otherwise thrive in the UK.

The Personal Impact of Skilled Work Visa Applications

For those applying for a Skilled Worker Visa, the process goes beyond paperwork—it’s a deeply emotional experience. Alex describes it as “extremely emotionally taxing,” since applicants’ lives, careers, and families depend on the outcome. The stakes are high: an unsuccessful application could mean uprooting family members, leaving jobs, and disrupting children’s education.

One benefit of the UK’s points-based system, however, is its objectivity. “It’s good that we have a system that is fairly objective in the UK that doesn’t depend on the discretion of an official,” Alex explains. The main determinant is often salary, which can be objectively measured and helps applicants understand where they stand in terms of eligibility. This transparency can provide some reassurance in an otherwise stressful process, though the pressure on applicants remains significant.

Staying Ahead in a Fast-Paced Field

For immigration professionals, staying current with UK immigration law requires constant reading, listening, and peer discussion. “Hardly a day goes by that I don’t learn something new,” Alex shares, emphasizing the pace and intensity of the field. Between policy shifts, case law updates, and regulatory changes, immigration lawyers like Alex must keep their knowledge fresh to best serve their clients.

Alex credits his move to Vanessa Ganguin Immigration Law as a fantastic opportunity for continuous learning. “Vanessa has a fantastic reputation,” he says, describing the collaborative environment at the firm where complex cases and new regulations are regularly discussed. This setting not only keeps Alex engaged but also positions him at the forefront of immigration developments.

The Global Mobility Series episode featuring Alex Finch provides a rare inside look into the challenges, responsibilities, and rewards of practising UK immigration law. Alex’s expertise, empathy, and dedication to clients make him an invaluable guide through the complexities of global mobility and Skilled Worker Visa applications.

The Future of Skilled Worker Visas and Global Mobility

Looking ahead, Alex sees Skilled Worker Visas continuing to evolve. He notes that while self-sponsorship routes have become limited, the UK will likely remain dependent on Skilled Worker Visas to address labor shortages and skill gaps. “I expect there to be continued…demand for skilled worker visas,” Alex predicts, particularly given the high demand for international talent in the UK workforce.

Whether this demand will prompt changes in policy remains uncertain. High fees, complex guidance, and limited support for smaller businesses may continue to hinder global mobility if left unaddressed. Alex hopes that future reforms might ease some of these burdens, making the Skilled Worker Visa route more accessible to businesses of all sizes.

Conclusion

Our conversation with Alex Finch reveals the dedication and resilience required to navigate UK immigration law, both for professionals and applicants. Alex’s insights into the Skilled Worker Visa scheme, along with his advocacy for more accessible global mobility, offer valuable guidance to anyone looking to understand the landscape of UK immigration.

For more insights into the fast-paced world of immigration, tune into The Global Mobility Series podcast to hear the full episode. Alex Finch’s expertise and unique perspective on immigration law are a testament to his commitment to helping clients find their way through the UK’s complex system, making him an essential voice in the field of global mobility and skilled immigration.