Problems relating to Trade and Investment on G. Britain
16. Employment |
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Issue |
Issue details |
Requests |
Reference |
| (1) Difficulty in Acquisition and Extension of Work Visa | - For enterprises operating internationally, it is indispensable to obtain expatriates' visas promptly. It takes much time and a lot of labour for acquisition of work/stay permits. - Implementation of Visa Acquisition / Renewal system is stringent. (Example) Basically visa validity is for 5-years as regards expatriates despatched by Japanese enterprises. It is extendable up to 9-years only when the annual income exceeds GBP150,000. - It takes much time to obtain Certificate of Sponsorship before an expatriate assumes new responsibility in U.K. after the decision is made for despatch. The governing rules for visa acquisition is complex, defying comprehension. - GOU executes in the Philippines Immigration Formalities (documental examination, entry clearance issuance, etc.). However, the scheduling for the expatriate's departure is uncertain, for the length of time required for mail, and the varying examination periods. - Allowable extension period for Tier 2 (Intra-Company Transfer) Visa is for five-years maximum, and for 9-years maximum for applicant with annual revenue exceeding GBP150,000. However, depending upon position and job title of the applicant, a longer stay is necessary. Therefore, the minimum annual revenue requirement should be removed to allow the visa validity in excess of 5-years. First of all, it does not stand to reason for both countries to set the cap on the stay period for an (intra-company transfer) expatriate, whose status is guaranteed by the employer. - For the purpose of restricting the number of foreign workers entry annually into U.K., GOU exercises restrictions on the total number of work visas issued per annum. It is envisaged that an enterprise may face shortage of the requisite staff. The number of tier-2 visa (the bulk of expatriates from Japan fall under this category) issued annually is 27,000 (April 2013-April 2014). Advance application is necessary for certificate of sponsorship. Otherwise, the receipt of work visa is difficult. Upon reaching the cap of 27,000 applicants, applicants satisfying special requirements (as specified in the list of shortage occupations) shall be given priority. Otherwise, visa receipt will become difficult. Furthermore, maximum stay period under Tier 2 is 5-years (9-years for annual income exceeding GBP50,000). This is a cause for concern, lest the projected plan gets aborted before completion of the Project Plan. |
- It is requested that GOU simplifies and expedites the acquisition of work/stay permits. - It is requested that GOU deregulates the Rules on Work Visa Acquisition / Renewal. - It is requested that GOU streamlines the rules. - It is requested that GOU takes steps to: -- implement documental examination in Tokyo, and -- define clearly the requisite documents and the contents thereof. - It is requested that GOU takes steps to: -- remove the annual revenue requirement -- loosen standards of extension period. - It is requested that GOU takes steps to deregulate the work visa issuance requirements for employees of multi- national enterprises. |
- UK Border Agency - Immigration Rules - UK Immigration Act |
| (Info) - Please refer to the web site of UK border agency of the home office at: ( http://www.ind.homeoffice.gov.uk). |
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| (2) Frequent Changes in Immigration Scheme | - Due to the frequent changes in the U.K. Immigration Scheme, Enterprises must expend much time and effort to obtain visa and keep up with its changes. | - It is requested that GOU maintains the going scheme for a longer period. | - Immigration Rules - UK Immigration Act |
| (3) Obligations to continue Employment, accompanying Business Transfer | - Transferee is under obligation to continue employment of the workers under the payroll of transferor. This employment obligation under Transfer of Undertakings Protection of Employment Regulations (TUPE) bars entry of foreign capital investment, accompanying operation with high productivity. | - It is requested that GOU: -- repeals TUPE, -- deregulates the terms and conditions. |
- Transfer of Undertakings Protection of Employment - 2001/23/EC |
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