While WERC members represent a wide range of industries, backgrounds, and expertise, their unique viewpoints are what drive our profession and are at the heart of WERC.
In this member spotlight, we connected with Marcia Longdon, partner at Kingsley Napley LLP, for her perspective on how global talent mobility has evolved as an industry and key aspects of the profession in the United Kingdom.
How did you get started in the global talent mobility space?
I have been practicing as an immigration lawyer for more than 24 years. When I started in the industry, immigration law wasn’t even taught at university and was more incorporated into European law and human rights. I originally represented clients in the immigration courts who had their applications for asylum refused. There wasn’t a clear concept of business immigration, let alone global mobility.
For example, I would support local restaurants that wanted to transfer a chef who specialized in specific cuisines from overseas. Back then, you would apply to the U.K. Home Office work permits section and pay £10 for the application—nowadays an application for a skilled worker costs at least £2,500!
My practice became solely focused on corporate immigration approximately 18 years ago. Since then, I have advised and supported global corporations transferring people to the U.K. to undertake specific projects. I also support entertainers who are required to perform in the U.K.
What are some of the key milestones or achievements in your career?
In 2008, the U.K. government changed the process for applying for work permits, and it became the points-based system (PBS). At the time, it was a huge overhaul of the system and meant that the law would change. I was instrumental in reviewing and drafting the illegal working legislation and also wrote the section on switching immigration categories from within the U.K.
Another milestone is Windrush—one of the biggest immigration scandals in the U.K. In the 1940s, people from the Caribbean came to the U.K. on the Empire Windrush, a ship that docked at Tilbury, Essex. In 2018, people who had been living in the U.K. for years started to be removed from the country and were denied housing or the right to work. Then Prime Minister Theresa May issued the Immigration Act of 2014, which is often referred to as creating a “hostile environment.” It meant that if you couldn’t prove you had the right to live and work in the U.K., you were to be removed. I had a client who had been in the U.K. for 62 years when the government tried to remove her. We were able to successfully get the Home Office to grant her citizenship within a very short space of time, due to our relationships with senior officials. There were many who were not so fortunate, and even today they still fight for compensation and redress from the government. Many have died waiting to be compensated.
What do you see as the biggest challenges and opportunities in this industry?
From a U.K. perspective, there continues to be hostility toward immigrants in the U.K. The general election was on 4 July, U.S. Independence Day. Even with the Labour government replacing the Conservatives, who have been in power for some 14 years, we believe that the negativity toward immigration will continue, as the Labour government won’t want to be seen by the British public as being “soft” on immigration. It’s very sad because statistics show how much value and economic contribution immigrants have given to this country.
Are there any emerging trends or innovations in talent mobility that excite you or that you believe will shape the future of the industry?
The obvious ones are artificial intelligence (AI) and the continued development of the Electronic Travel Authorization (ETA) scheme in the U.K. The U.K. Visas and Immigration division has been working toward electronic development for the entire visa process, which makes it easier for those applying to the U.K. E-visas have already been rolled out to various Middle Eastern countries and are due to launch in other countries (including the U.S.) by the end of this year, although it could be delayed. This will impact travel to the U.K. by requiring an online application for permission to travel, much like the U.S. Electronic System for Travel Authorization (ESTA) system. It costs £10 and will last for two years.
Do you have any recommendations or advice for aspiring leaders in this industry?
It’s an ever-changing industry, so it’s one where you will need a lot of patience. Also, appreciate that AI will play a bigger role in the industry and certain roles could become obsolete.