mbmobility portal...access to an array of tools and resources. login ... service providers, which...
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MBMobility Portal
The Global Mobility & Migration (GMM) team is fully committed to creating innovative services and products that enhance every aspect of the global mobility process, adding value at no additional cost to the client. Many of our services and products are accessible via the MBMobility Portal, which is built on Mayer Brown’s fully adaptable client extranet that can be tailored to businesses operating in all sectors and industries. Here is an insight into what the MBMobility Portal can offer by way of mobility case management and performance, as well as access to an array of tools and resources.
LOGIN
Users of the MBMobility Portal benefit from sophisticated and secure access to the application including a range of login options for authentication that can be configured to a variety of standards, SSL/TLS encrypted communication, as well as rigorous management and auditing by Mayer Brown.
MBMOBILITY PORTAL – WELCOME
Once logged into the MBMobility Portal, the Welcome page contains a dashboard that houses all the links needed to access the various resources available including a search function allowing for specific access to documents/filings, quick links to profiles of the GMM team as well as background information regarding experience, articles, media coverage and publications and a calendar to diarize events.
The Welcome page also contains buttons displaying the main functions of the MBMobility Portal that link through to documentation and resources that are client specific or value add.
State-of-the-art service, providing clients with sophisticated and secure access to compliance resources, flexible reporting and multi-country guides
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COMPLIANCE CENTER
The Compliance Center contains a files database for all employee work permit/visa/exit and other status documents, to meet document retention requirements for immigration authorities and provide immediate accessibility during worksite inspections and audits. Different levels of access to the documents can be provided to different users regarding rights to upload, delete, modify, move etc.
QUALITY AND KPI
This section contains reports that provide macro and micro views of our service delivery.
MBMobility Report
The MBMobility Report tracks our performance against mutually-agreed Service Level Agreements (SLAs) by recording case milestones and dates of completion. This real-time case tracking provides transparency in our processes and demonstrates how we timely execute on our service deliverables. The report covers active cases (providing snapshot views of the precise status of all active matters), proposal consultation and support, and upcoming needs based on expiration dates (providing a forecast of visa needs and major projects, for example, a voluntary internal audit).
The report uses a traffic-light coding system to give an instant visual report on cases requiring urgent attention (red), cases requiring additional monitoring (yellow), and cases operating on track (green). This traffic-light coding helps set our call agendas so that urgent matters are prioritized and individual cases requiring specific attention are discussed.
2. Compliance Center
MBTRACK
MBTrack is our proprietary case management system and centralized data repository that provides clients access to unlimited data points in customizable and extractable formats. MBTrack serves as a catalogue of employee profiles, capturing a wide spectrum of employee-specific data points and attributes, including biographical information, case processing information, current and previous employment details, and immigration history. All updated and available in real time, MBTrack provides instant reporting through advanced search features and data views to keep clients up-to-date on all active and prior matters at the click of a button, whilst ensuring transparency and our efficient implementation of service deliverables.
2 | MBMobility Portal
MAYER BROWN | 3
Service Milestones Report
The Service Milestones Report includes two reporting elements: a full report by region on our performance against KPI/SLA metrics (quantitative) and a report on the service feedback solicited directly from assignees and their business units via a service barometer (qualitative).
Quantitative
The first part of the report tracks metrics, scoring our performance based on quantitative measurements—the total number of cases completed within a designated period based on service type (new cases versus renewals, for example) and whether the SLA for completion of case milestones of each service type within agreed timeframes were met in each case.
Qualitative
The second part of our Service Milestones Report provides a qualitative measurement of our performance based on employee feedback that we solicit at the conclusion of each case.
The report compiles these responses and displays results through Service Barometers that give an instant visual reporting on employees’ experience with our service. Based on this continuous stream of feedback, we regularly review our processes and communications to improve the employee experience.
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Sample Report: SLA Milestones
SLA Milestone % met
1Contact employee (email notification) - within 1 business day of Client authorization
100
2Develop immigration strategy - within 3 business days of Client authorization
100
3Provide employee with document checklist - within 3 business days of Client authorization
100
4
Submit application to government authority within 5 business days of receipt of complete documentation from employee and hiring manager
100
SLA Milestone % met
1Contact Client for renewal instructions - 6 months prior to relevant expiration date
100
2
Contact employee (email notification) -within 1 business day of hiring manager authorization
100
3
Submit application to government authority within 5 business days of receipt of complete documentation from employee and hiring manager
100
SLA Milestone % met
1Contact Client for exit instructions - 6 months prior to relevant expiration date
100
2Contact employee (email notification) - within 1 business day of hiring manager authorization
100
3
Submit application to government authority within 5 business days of receipt of complete documentation from employee and hiring manager
100
NEW CASE RENEWAL CASE EXIT CASE For 90-day period
[Month Year]
Transparency Qualitative Metrics – Sample Service Barometer
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mayerbrown.comAmericas | Asia | Europe | Middle East
Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. With extensive reach across four continents, we are the only integrated law firm in the world with approximately 200 lawyers in each of the world’s three largest financial centers—New York, London and Hong Kong—the backbone of the global economy. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry. Our diverse teams of lawyers are recognized by our clients as strategic partners with deep commercial instincts and a commitment to creatively anticipating their needs and delivering excellence in everything we do. Our “one-firm” culture—seamless and integrated across all practices and regions—ensures that our clients receive the best of our knowledge and experience.
Please visit mayerbrown.com for comprehensive contact information for all Mayer Brown offices.Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) (collectively the “Mayer Brown Practices”) and non-legal service providers, which provide consultancy services (the “Mayer Brown Consultancies”). The Mayer Brown Practices and Mayer Brown Consultancies are established in various jurisdictions and may be a legal person or a partnership. Details of the individual Mayer Brown Practices and Mayer Brown Consultancies can be found in the Legal Notices section of our website. “Mayer Brown” and the Mayer Brown logo are the trademarks of Mayer Brown.
© 2020 Mayer Brown. All rights reserved.
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EMEA Background Checks Traffic Lights 2019
Belgium Czech Republic
Denmark Egypt Finland France Germany Greece Hungary Iceland Israel Italy Netherlands Poland Russia South Africa
Spain Turkey United Kingdom
Education and past employment
records
Education and past employment records
Criminal records
Criminal records
Credit/financial checks
Credit/financial checks
Health checks/ medical screening
Health checks/ medical screening
Social media/ internet search
Social media/ internet search
FingerprintingFingerprinting
HandwritingHandwriting
Union membership
Union membership
Political views Political views
Drug and alcohol testing
Drug and alcohol testing
Background check is prohibited and/or permitted only in extremely limited circumstances
Background check is unusual and/or permitted only in limited circumstances
Background check is standard practice
KNOWLEDGE BANK
The Knowledge Bank acts as an expanding repository of value add tools that provide snapshot guides to immigration issues and processes across continents, jurisdictions and states.The Country Navigators cover over 70 jurisdictions and provide clear, accessible information, covering not only legal requirements but also additional practical considerations and key developments regarding business travel and work authorization, including required steps. Our Immigration and Business Visitors Traffic Lights products provide a color-coded multi-country snapshot of risk elements regarding the key requirements and restrictions. The State-by-State Employment Verification Laws document also provides a visually accessible overview of where legal barriers exist regarding doing business in each US state. Detail is provided on the specific legislation covering this issue and informs on definitions, federal and non-federal requirements and links to sites that can provide further information.
FURTHER VALUE ADD RESOURCES
Each of the buttons on the Welcome page can link through to a location of your choosing, however this is defaulted to provide easy access to our value add resources, including: breaking news on our website regarding the global immigration landscape via global newsletters, legal updates and industry-specific email alerts which report on timely topics across a range of jurisdictions; legal publications relevant to the mobility and employment professionals in the company, including our Global Guides, podcasts and conference materials; media coverage of our attorneys, which may include key print articles, radio or television interviews, or web-based blog postings regarding mobility and employment topics.
If you would like further information, please contact your usual MB contact or a member of the GMM team.
THE GLOBAL MOBILITY & MIGRATION TEAM
Elizabeth Espín Stern
Partner, Washington DC E: [email protected] T: +1 202 263 3825
Paul Virtue
Partner, Washington DC E: [email protected] T: +1 202 263 3875
Grace Shie
Partner, Washington DC E: [email protected] T: +1 202 263 3845
Mayer Brown is a global legal services provider advising many of the world’s largest companies, including a significant portion of Fortune 100,
FTSE 100, CAC 40, DAX, Hang Seng and Nikkei index companies and more than half of the world’s largest banks. Our legal services include
banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; US Supreme Court and appellate
matters; employment and benefits; environmental; financial services regulatory and enforcement; government and global trade; intellectual
property; real estate; tax; restructuring, bankruptcy and insolvency; and private clients, trusts and estates.
Please visit www.mayerbrown.com for comprehensive contact information for all Mayer Brown offices.
Mayer Brown is a global services provider comprising legal practices that are separate entities, including Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated
(collectively the “Mayer Brown Practices”), and affiliated non-legal service providers, which provide consultancy services (the “Mayer Brown Consultancies”). The Mayer Brown Practices and Mayer
Brown Consultancies are established in various jurisdictions and may be a legal person or a partnership. Details of the individual Mayer Brown Practices and Mayer Brown Consultancies can be found in
the Legal Notices section of our website. “Mayer Brown” and the Mayer Brown logo are the trademarks of Mayer Brown.
© 2018 The Mayer Brown Practices. All rights reserved. Attorney advertising. Prior results do not guarantee a similar outcome.
ON THE HORIZON
Brexit
The Government published their Brexit strategy. The approach contains twelve guiding principles. The key principles affecting
UK immigration include: providing certainty and clarity, taking control of UK Laws, controlling immigration, securing rights for EU
nationals in the UK and UK nationals in the EU and delivering a smooth, orderly exit from the EU. The message from the
Government is clear, the country remains “tolerant and open” to migration and further recognises the “valuable contribution”
migrants made to the society. International talent remains imperative for the UK.
The Government proposes to design an immigration system that will ensure control over the number of people entering the UK
from the EU and elsewhere. The Free Movement Directive will no longer apply. EU nationals will be subject to UK immigration law,
which means they may need to obtain entry clearance or work authorisation before travelling to the UK. Despite the decision to
end Free Movement for EU nationals, the Government acknowledges the concerns of EU nationals currently in the UK, and UK
nationals in other European countries at this time. A clear approach to secure their rights is hoped to be established. There has
been an increase in EU nationals who have been in the UK for 5 years or more, formalising their stay which is expected to continue
until their future rights have been secured. Changes to Tier 2 General The threshold for new Tier 2 (general) applications will increase from £25,000 to £30,000. Minimum salary for New Entrants
remains at £20,800. Exemptions to the new increase will apply until July 2019 to the following professionals: Nurses, Medical
radiographers, Paramedics, Secondary school teachers teaching Maths, Physics, Computer science and Mandarin and
employment within the creative jobs sector. Changes to Tier 2 ICT as listed above.
Immigration Skills ChargeThe government has introduced the Immigration Skills Charge for sponsorship or workers outside of the European Economic Are
(EEA), which will work in the same way as the Immigration Health Charge. Applicable to both Tier 2 (General) and Tier 2 (ICT) until
July 2019. The charge will be levied on sponsors at a rate of £1000 per person per year for the duration of the Certificate of
Sponsorship. The rate will be reduced to £364 per year per person for small or charitable sponsors. You will be considered a small
business if your annual turnover is £10.2 million or less OR you have 50 employees or less. Sponsors have to pay the charge upfront at
the same time as they pay to assign a CoS for the total period of time covered by the CoS. The charge is not applicable to dependants,
PhD-level occupations and students in the UK on a Tier 4 visa who are able to switch to a Tier 2 visa.
Other matters Overstaying – 28 day grace period has now gone. Migrants must apply within 14 days of their leave expiring and provide good reason
as to why they are extending/switching their visa. For news, updates and changes in immigration procedures in the UK, please contact us at [email protected].
April 2018
4
April 2018
ADDITIONAL CONSIDERATIONS
Tax and social security issues
The movement of employees into this country could have an impact on both personal taxation and social security benefits for the foreign nationals, the foreign company and also the local sponsor, including issues relating to a permanent establishment of the foreign company. Consultation with a tax advisor is therefore necessary before sending foreign nationals on assignment to this country.
Complying with local immigration rules
Penalties for non-compliance with immigration rules have increased over the years as governments around the world tighten laws restricting the employment of unauthorized workers. Heavy fines and in some cases imprisonment are possible sanctions for companies involved in hiring or employing foreign nationals who lack proper work authorization.
Legalization of documents issued in foreign countries
Gathering the supporting documentation required for the work permit process is often time-consuming. Since some of the documents will come from the foreign national and/or company in a foreign language there will often be a need to have translations legalized at a consular post abroad or issued with an official Apostille stamp so that the document will be recognized. The UK is a member of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (5 October 1961), commonly known as the “Apostille Convention” (click here).
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April 2018
WORK PERMIT: TIER 2 INTRACOMPANY TRANSFER (ICT) RULES
Tier 2 (ICT – Short Term Staff )
Maximum duration of one year with no ability to extend. Minimum salary £24,800 per year. The foreign national cannot generally
return to work in the UK with another Tier 2 visa for 12 months, unless applying for a Tier 2 (ICT - Long-Term Staff ) or if the foreign
national has been granted leave for three months or less. Immigration Health Surcharge now applicable to Tier 2 ICT applicants
and their dependants who wish to stay for more than 6 months. Previous Short Term Staff and Skills Transfer routes has been
closed as of April 2017.
Tier 2 (ICT – Long Term Staff )
Maximum duration generally five years (first work permit for three years followed by a two year renewal). Minimum salary
£41,500 per year. The foreign national cannot return to the UK for another ICT assignment for twelve months from the date of the
previous expiration unless leave of three months or less has been previously granted. Able to return to the UK if their Certificate
of Sponsorship was assigned for a period of less than 3 months and it does not lead to settlement.
Maximum duration - leave granted can increase to 9 years if the individual falls into the high earner category. The High Earner
Salary threshold has decreased from £155,300 to £120,000. The 12 months prior experience requirement will no longer be
required for Long Term Staff if the employee is earning over £73,900. Employers may now bring in 20 graduates rather than the
previous 5 permitted. The minimum salary threshold for such Tier 2 visa applicants has been reduced to £23,000 and their
applications will be prioritised within the Tier 2 monthly limit.
PROCEDURAL STEPS
United Kingdom employers who are first-time sponsors of foreign nationals must apply for a sponsor license from UK Visas &
Immigration (UKVI). UKVI may make an on-site inspection of the sponsor’s place of business. Once UKVI has issued a sponsor
license, the UK employer may sponsor foreign national employees as described below.
13 4 5
2Collect background
information from the
foreign national employee,
the foreign company and the
UK sponsor.
UK sponsor will assess
whether a foreign national
employee meets minimum
requirements under a
points-based system based
on personal attributes, skills,
qualifications, and salary.
UK sponsor issues
certificate of sponsorship
for Tier 2 (intracompany
transfer) work permit.
Upon issuance of the
certificate of sponsorship, a
visa application is filed online
and a biometrics
appointment arranged at a
local application support
center. Outside of the US or
Canada, the employee must
apply in person for the visa.
Immigration Health
Surcharge and Immigration
Skills charge must be paid.
The employee must arrive in
the UK during the visa’s
30-day validity period. Upon
arrival, the employee will
have 10 days to collect a
Biometric Residence Permit
from the designated post
office. Certain foreign
nationals will need to
register with the police. Click
here for a list of qualifying
countries and territories.
2
UNITED KINGDOM
BUSINESS VISITS
Non-visa nationals who meet certain criteria may enter the UK without prior entry clearance for up to six months for business in
any twelve month period. Visa nationals must obtain a business visitor visa before traveling to the UK.
VISA WAIVER COUNTRIES
The nationality of the passport determines whether a foreign national1 is a visa national for the purposes of traveling to the UK as a
business visitor. EU/EEA1 citizens are not visa nationals and do not need visas to travel to the UK for a business visit. US nationals are not
visa nationals and do not need visas to visit the UK. For a complete summary of visa nationals click here.
• There must be a direct link between the UK company and the
foreign employer by common ownership.
• The sponsoring company must be a UK-based employer and
must be registered to sponsor foreign national employees.
• The foreign national must possess at least twelve months of
professional experience with an affiliate company immediately
prior to the assignment in the UK.
• The 12 months prior experience requirement will no longer be
required for Long Term Staff if the employee is earning over
£73,900.
• It is not possible to convert in country from business visitor to
work permit status.
• Renewals for long term intracompany transfers are possible in
two year increments up to a maximum of five years.
• The transfers can be for a maximum of five years if needed. They
are charged for up to 3 years or up to 5 years.
1 Foreign nationals are also referred to as third countr y nationals as well as non-EU/EEA (“European Union, European Economic Area” ) nationals. EU/EEA nationals are citizens of the
following European countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungar y, Iceland, Ireland, Italy,
Latvia, Lichtenstein, Lithuania, Luxembourg , Malta, Netherlands, Nor way, Poland, Por tugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
PERMISSIBLE BUSINESS ACTIVITIES INCLUDE
General Activities
• attend meetings, conferences, seminars, interviews;
• give a one-off or short series of talks and speeches provided
these are not organized as commercial events and will not
make a profit for the organizer;
• negotiate and sign deals and contracts;
• attend trade fairs, for promotional work only, provided the
visitor is not directly selling;
• carry out site visits and inspections;
• gather information for their employment overseas;
• be briefed on the requirements of a UK based customer,
provided any work for the customer is done outside of the UK.
Work Related Training
Employees of an overseas company or organization may receive
training from a UK based company or organization in work
practices and techniques which are required for the visitor’s
employment overseas and not available in their home country.
Intracompany Activities
An employee of an overseas based company may:
• advise and consult;
• trouble-shoot;
• provide training;
• share skills and knowledge; on a specific internal project with
UK employees of the same corporate group, provided no
work is carried out directly with clients.
Manufacturing and Supply of Goods to the UK
An employee of a foreign manufacturer or supplier may install,
dismantle, repair, service or advise on equipment, computer
software or hardware where it has a contract of purchase or
supply or lease with a UK company or organization.
April 2018
Americas | Asia | Europe | Middle East | www.mayerbrown.comCONTRIBUTORS
BelgiumNicolas SimonT: +32 2 644 05 11E: [email protected] OLMEN & WYNANTAvenue Louise 221, 1050 Brussels, Belgium
Czech RepublicPetra SochorováT: +420 255 000 111E: [email protected] & PARTNERSNa Florenci 2116/15, Recepce A, 110 00 Prague 1 – Nové Město, Czech Republic
DenmarkTina Brøgger SørensenT: +45 70 12 12 11E: [email protected] REUMERTSundkrogsgade 5, 2100 Copenhagen OE, Denmark
EgyptSharif ShihataT: +20 2 272 88 888E: [email protected] SHALAKANY LAW OFFICE12 El Maraashly Street, El Zamalek, Cairo, Egypt
FinlandJukka LångT: +358 9 681 700E: [email protected] & INDRENIUSPohjoisesplanadi 25 A, FI-00100 Helsinki, Finland
FranceRégine GouryT: +33 1 53 53 43 40E: [email protected] BROWN10 Avenue Hoche, 75008 Paris, France
GermanyDr. Guido ZeppenfeldT: +49 69 79 41 2241E: [email protected] BROWNFriedrich-Ebert-Anlage 35-37, 60327 Frankfurt am Main, Germany
GreeceTania PatsaliaT: +30 210 361 5395E: [email protected] LAW OFFICES5, Lykavittou Street, GR-106 72, Athens, Greece
HungaryPéter SzemánT: +36 1 266 3522E: [email protected]ÁN, S. SZABÓ & PARTNERSH-1051 Budapest, József Nádor Tér 5-6, Hungary
IcelandÓlafur Eiríksson hrl.T: +354 5 400 300E: [email protected] LEGAL SERVICESEfstaleiti 5, 103 Reykjavík, Iceland
IsraelRevital Shprung-LevyT: +972 3 608 9999E: [email protected] SELIGMAN & COElectra Tower, 98 Yigal Alon Street, Tel Aviv, 6789141 Israel
ItalyFrancesco D’AmoraT: +39 02 87 21 32 37E: [email protected] Cino del Duca, 5, 20121 Milan, Italy
NetherlandsHermine VoûteT: +31 20 578 59 75E: [email protected] & LOEFFFred. Roeskestraat 100, 1076 ED Amsterdam, Netherlands
PolandAgata SzeligaT: +48 22 608 70 00E: [email protected]ŁTYSIŃSKI KAWECKI & SZLĘZAKJasna 26, 00-054 Warsaw, Poland
RussiaMarkus SchaerT: +74 95 232 03 01E: [email protected] TROYANOV SCHAER SAUlitsa Usacheva 33, Bldg. 1, 119048 Moscow, Russia
South AfricaRoss AlcockT: +27 11 269 7600E: [email protected] Rivonia Road, Sandton, Johannesburg, 2196, South Africa
SpainXavier Pallarés López T: +34 93 494 74 82E: [email protected]ÓN Y CAJAL ABOGADOSAlmagro, 16-18, 28010 Madrid, Spain
TurkeyMelis BuhanT: +90 212 234 44 25E: [email protected] LAW FIRMPoyracik Sokak, Feza Apt. No. 18/7Nisantasi Sisli, Istanbul, Turkey
United KingdomNicholas RobertsonT: +44 20 3130 3919E: [email protected] BROWN201 Bishopsgate, London, EC2M 3AF, United Kingdom
This Mayer Brown publication provides information and comments on legal issues and developments of interest to our clients and
friends. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice.
Readers should seek legal advice before taking any action with respect to the matters discussed herein.
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP
(Illinois, USA), Mayer Brown International LLP (England), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a
Brazilian law partnership) (collectively the “Mayer Brown Practices”) and non-legal service providers, which provide consultancy
services (the “Mayer Brown Consultancies”). The Mayer Brown Practices and Mayer Brown Consultancies are established in various
jurisdictions and may be a legal person or a partnership. Details of the individual Mayer Brown Practices and Mayer Brown
Consultancies can be found in the Legal Notices section of our website. “Mayer Brown” and the Mayer Brown logo are the trademarks
of Mayer Brown. © 2019 Mayer Brown. All rights reserved. Attorney Advertising. Prior results do not guarantee a similar outcome.
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Human resources play a crucial role in determining business strategy.
Comprising more than 100 lawyers, Mayer Brown’s global employment
& benefits team advises on the full range of employment law issues,
both contentious and non-contentious, from recruitment to termination
to restructuring, and all matters in between. Our international practice
is renowned for steering clients through complex, multi-jurisdictional
legislation and for delivering shrewd commercial advice.
We operate in the world’s principal financial centers—in the US,
Europe, Asia and the Middle East—and collaborate with a carefully
nurtured selection of internationally experienced lawyers in other
countries with whom we have worked closely for many years.
Our advice extends from proactively anticipating and avoiding issues to
navigating and resolving matters once they become concerns.
Our strengths in employment law include employment counselling,
employment litigation, employee benefits, executive compensation,
global restructuring, outsourcing of human capital, employment and
severance agreements, pensions plans, including fiduciary duties of
employers and plan trustees, employee stock ownership and other
incentive-based compensation, labour relations and union matters.
We advise on employment-related topics such as HR regulation, risk
management and compliance, personal data privacy, the use of social
media in the workplace, global employee mobility, diversity and
inclusion, immigration, mediation, arbitration and litigation.