WWL Thought Leaders Corporate Immigration 2023

Page 22

THOUGHT LEADERS

Corporate Immigration 2023

Interviews with the pinnacle of the profession

subscriptions@iam-media.com www.iam-media.com

IAM provides worldwide insight and expertise on managing intellectual property as a key business asset.

Our comprehensive news and analysis, in-depth guidance, and data, are curated to meet your specific requirements. IP professionals around the world rely on IAM to keep them informed on the developments and issues that matter.

KNOW MORE

Keep informed with the latest news, research and data, so you can stay connected, advise with confidence and compete effectively.

FIND THE EDGE

Connect and collaborate with your peer group, clients and colleagues. Get the full cross-border view from leaders in the field, to help you identify opportunities and research your position.

LEAD THE MARKET

Understand the trends and harness the tools and insight you need to guide strategy, streamline decision-making, and keep your practice in front.

THOUGHT LEADERS

Contents

I am delighted to present WWL Thought Leaders: Corporate Immigration 2023, which brings together the insight, expertise and wisdom of some of the world’s foremost corporate immigration lawyers and experts in a single book. Through thousands of votes and nominations in the course of our research, the market has identified that the practitioners in the following pages are among the very best in the world in their field, without exception.

IntroductionIn total, only one in every five individ uals considered for inclusion in WWL: Corporate Immigration 2022 were invited to take part in WWL Thought Leaders: Corporate Immigration 2023

Who’s Who Legal has been researching legal markets since 1996 and now covers 35 practice areas and over 150 countries. Entry into our guides is, of itself, no easy feat, with fewer than half of those nomi nated obtaining a listing. The bar to be considered a thought leader for corporate immigration is even higher: only those listed lawyers who obtained the highest number of nominations from peers, corporate counsel and other market sources in our most recent research cycle were considered. In total, only one in every five individuals considered for inclusion in WWL: Corporate Immigration 2022 were invited to take part in WWL Thought Leaders: Corporate Immigration 2023

Through interviews with the practitioners themselves, WWL Thought Leaders: Corporate Immigration aims to shine a light on what puts these practitioners at the apogee of the global corporate immigration market. They are worthy of special mention owing not only to their expertise and experience advising on some of the world’s most significant and cutting-edge matters, but also their ability to innovate and inspire. Their experience and understanding of the legal world and their unique insights into the area will no doubt be illuminating and instructive to a wide spectrum of readers, whether clients, corporate counsel, established practitioners, those starting out in the law, or anyone with an interest in the practice of law at the very highest level.

This edition of WWL Thought Leaders: Corporate Immigration features Q&As with 12 practitioners with hundreds of years of combined experience in the field between them. I would like to thank the participants who gave us their valuable time to answer our questions and make the book possible. It is rare to have so much corporate immigration expertise concentrated in one place and we hope you will agree that their responses make fascinating reading.

Rupert Wilson

Head of research & analytics, Who’s Who Legal November 2022

Head of research & analytics

Rupert Wilson

Head of research: US Penelope Williams

Senior research analysts Conor Manders, Alex Bottomley, Olivia Harrison

Research analysts

Tabia Lui, Kirsty Carvalho, Johana Shonibare, Anna Mullock, Daniel Zahzouhi, Jonathan Brooks

Content production manager

Robert Harris

Senior production editors

Katie Adams, Harry Turner, William Holt

Production editor

Ellen Desmond

Junior production editor Nathaniel Balch Sales director Adam Landes

Head of sales James Gill

Senior business development manager Nick Townsend

2 Sophie Barrett-Brown 4 Natasha Chell 6 Laura Devine 8 Janice A Flynn 10 Ellen Freeman 12 Maria Jockel 16 Dieter Kohlfürst 18 Paa Kwesi Hagan 20 Anne O'Donoghue 24 Marcel A G Reurs 26 Yoshio Shimoda 28 Bram van Melle 30 Directory

Business development manager Kiteria Yiu

Account managers

Bilikis Olowolekomoh, Sam Limbu, Leon Hartley, Hadassah Maitaram

Customer success executive Harry Marloe

Publisher Tom Barnes

Cover photography: istockphoto.com/kenishirotie

Printed and distributed by Encompass Print Solutions Tel: 0844 2480 112

ISSN 2631-9527 © 2022 Law Business Research Ltd

Sophie BarrettBrown

Laura Devine Immigration London www.lauradevine.com

sophie.barrett-brown@lauradevine.com Tel: +44 20 7469 6464

Biography

Senior Partner and Head of UK Practice, Sophie has been recog nised for many years by legal direc tories as a leading expert in UK immigration and nationality law. Known for her expertise in complex cases (including problematic Tier 1 (Investor) and (Entrepreneur) applications, challenging sponsor licence revocations and advising on sponsor change of circumstances applications following corporate restructuring), she advises a wide range of clients from multinational corporations, start-ups to sports organisations, entertainers and UHNW individuals.

2 Corporate Immigration

What qualities make for an effective immigration lawyer in today’s climate?

Immigration law and policy is constantly changing - often in reaction to the polit ical/economic climate and world events. Lawyers need to remain abreast of the ever-evolving policy landscape, to antici pate the direction of movement where possible, and to quickly assess the prac tical and strategic impacts of changes in order to deliver the best solutions for clients. I firmly believe effective lawyers should not simply interpret and apply poli cies – our role is also to challenge and shape the law, where appropriate, for the benefit of our clients and others.

It’s crucial to think strategically and plan for clients’ long-term goals not just the immediate term; clients (whether corpo rate entities or individuals) are unique, with their own personal objectives, priorities, and risk tolerance etc – understanding each client and tailoring solutions accord ingly is essential.

And of course, excellent client service, responsiveness, a user-friendly manner and resilience are all key hallmarks of an effective immigration lawyer.

On what matters have clients most frequently asked you for advice over the past year? What would you say is driving this?

On the corporate side, there have been several main themes: a huge increase in new sponsor licence applications, more corporate restructuring affecting sponsor licences and the fierce competi tion for talent increasing the sponsorship (and turnover) of Skilled Workers – all of which in large part have post-Brexit, postpandemic drivers; on the personal immi gration side the key areas have included alternative solutions for HNW clients following the loss of the Tier 1 (Investor) route in February 2022 and the previous loss of the Tier 1 (Entrepreneur) route (the

launch of several new routes this year have failed to meet these needs) and an ongoing trend in complex EUSS applications (those who have missed the deadline, excess absences etc – particularly due to Covid19) as well as the Home Office’s response to the war in Ukraine.

You are a former chair of the Immigration Law Practitioners’ Association (ILPA). What are the organisation’s goals and how has the experience enhanced your practice?

ILPA is an incredible organisation, it has been such a privilege to have been involved in its work over the last 25 years. At its heart, ILPA’s purpose is to secure a non-racist, non-sexist, just and equitable system of immigration, asylum and nation ality law practice, to provide education & training and to promote the advising and representation of migrants.

As a junior lawyer, participating in ILPA gave me access to the most extraordi nary mine of information and wealth of experience (at a time when Home Office policies were not all published on the internet) and helped provide a platform to seek to drive change. It has given insights across the wide spectrum of work our members undertake and I have had the pleasure of getting to know so many dedi cated lawyers. Immigration is a fantasti cally collaborative area of law – sharing knowledge & expertise ultimately benefits us all, as individual practitioners and our body of clients. Working with ILPA has no doubt contributed to my ethos as a lawyer, seeking to challenge and influence policy, share knowledge and, I hope, as an inclu sive leader.

How do you establish a detailed understanding of a client’s busi ness to advise them effectively?

Talk to them. There are great technical tools available to gain information and

insights into a business, which should of course be used but electronic communica tions are no substitute for actually talking to your clients to really get to know what makes them/their businesses tick.

How would you like to develop your practice in the next five years?

My personal practice encompasses a very diverse and challenging range of matters which is a balance I would always wish to maintain; in immigration policy terms, there are numerous changes/reforms I would like to see and undoubtedly this will remain a significant area of focus in the coming years. In a wider sense, the next five years are likely to witness substan tial change in the area of legal services, in particular as to how we harness tech nology, as well as the political/economic changes that may influence immigration policy and our firm will continue to invest in our team and technology to best serve evolving client needs.

Looking back over your career, what has been your proudest achievement?

Of course, the notable cases, the sometimes life-changing results you get for clients and securing legal/policy changes are incred ibly satisfying, but actually what I am most proud of is the team we have built at LDI, from small beginnings to 75 staff in London & New York – each one of them (lawyers and support professionals) phenomenally capable at what they do and so caring & supportive of each other and our clients. They are what I am most proud of.

What is the best piece of advice you’ve ever received?

Always be open-minded.

Peers and clients say: ”She is a leader in the world of immigration”

“Sophie is very knowledgeable and proactive”

“Sophie possesses a brilliant legal mind”

whoswholegal.com/thought-leaders

3

Natasha Chell

natasha.chell@lauradevine.com

Tel: +44 207 469 6476

Biography

With 20 years’ experience special ising in UK immigration law, nationality and EU free movement, Natasha advises senior execu tives and supports businesses to manage their migrant workforce including providing strategic assis tance following corporate restruc tures and non-compliance. She acts for major multinationals, start-up businesses and individuals within a broad range of sectors. Natasha presents at a variety of events and writes for the media and legal research provider, Lexis Nexis.

4 Corporate Immigration

What attracted you to a career in corporate immigration?

I was attracted to corporate immigra tion because it is very people based and its international focus means I work with a variety of sectors and businesses from across the world which makes it interesting.

How did covid-19 affect your work and to what extent do you see these effects being long term?

Covid-19 had a significant impact on inter national travel and the UK immigration rules and procedures. Immigration lawyers had to be responsive to change, creative with solutions and skilled at navigating new and moving goal posts. The Home Office introduced flexibility and were innovative to deal with the challenges caused by the pandemic. One of the long term positive effects is the increased digitalisation in applications which makes the immigra tion process more streamlined for lawyers and clients.

What is currently concerning clients when planning a foreign investment?

The suspension of the Investor category has narrowed the options for investors who were attracted to using this route because of the flexibility of the permitted invest ments and the freedom it provided.

What qualities make for an effective corporate immigration lawyer in today’s environment?  Being responsive, creative, solutions focussed with attention to detail is paramount.

Name one of your most memo rable cases.

Acting for a charity which had its sponsor licence revoked by the Home Office. The

charity was unfortunately unaware of its sponsorship obligations and inadvertently breached many duties. Through close work with the charity improving its systems and processes I was able to persuade the Home Office to reinstate the licence which enabled it to sponsor essential migrants who were key to its worthy work.

How is technology assisting in your ability to make strategic decisions?

It means we can work faster and smarter.  The end result is a better and swifter experience for clients and lawyers. Strategically it means adjustments can be made at short notice.

How do you think the market will develop in the next five years?

Digitalisation is a game changer but as lawyers we will need to ensure that in the Home Office’s effort to simplify the expe rience for the client, compliance is not compromised. We may see more clients consider moving their immigration work in-house because the applications appear simpler but this may give rise to increased inadvertent non-compliance by employers requiring lawyers to spend time advising on complications and refusals.

What advice would you give to younger practitioners hoping to one day be in your position?

If you are willing to work hard, are inquisi tive and have an interest in business, enjoy working with people and respond well to change, corporate immigration will be a rewarding and satisfying career.

Peers and clients say: “Natasha has the ability to think of creative solutions”

“She is determined to explore all avenues to get success for her client”

whoswholegal.com/thought-leaders

5

Laura Devine

Laura Devine

Immigration London www.lauradevine.com laura.devine@lauradevine.com Tel: +44 20 7469 6460

Biography

Laura is the managing partner of Laura Devine Immigration, an award-winning boutique immigra tion law firm in London and New York. The firm has been described as a “transatlantic powerhouse”. Both offices provide a full range of UK and US immigration advice to corporations, SMEs, families and individuals. Laura as an English solicitor and NY attorney oversees all matters. The firm, its part ners and Laura are rated in all legal directories in the top tier for immigration.

6 Corporate Immigration

What motivated you to special ise in immigration law?

I was an employment lawyer at Coopers & Lybrand (C&L), now PwC and was given immigration matters to advise on. As I knew nothing about immigration law, I reluctantly took the files. Lawyers were then much narrower in their approach to advising clients, whereas accountants viewed themselves not merely as account ants but business advisers. There was no immigration lawyer in the firm I could consult and no precedents from the appli cations, which led me to feel I was playing a game without knowing the rules. Scary but fun. I then concentrated on building an immigration practice and never returned to employment. That was the start of the immigration giant at PwC, which was recently bought by Vialto Partners for $2.2 billion.

On a side note, I have always been interested in different nationalities and cultures. As a small girl in Scotland, I had a collection of 20 national dolls and I kept a scrapbook, stuffed with flags from various countries, with commentary on their origin and symbolism. Maybe I had the makings of an immigration lawyer from a young age.

Why motivated you to set up your own firm?

After C&L where I had mainly corporate clients I went to a firm in Soho which provided me with private clients and SMEs. I was subsequently fortunate to be offered a joint venture with Eversheds, where after seven happy years there was pressure on me to become a partner. Deciding against this, I left to set up my boutique immigra tion firm in 2003.

The motivation to do so was twofold. First, advising immigration clients was the focus of what my team of experts did. Large and medium law firms and accountants did not view immigration as core to their business. I had the idea of setting up a boutique immi gration firm in London and New York with

lawyers, known for their technical prowess and top-quality support staff, together offering a preeminent quality service.

Second, I had a vision of initiating a firm which treated employees in a different way - putting staff at the centre of the business with a collegiate, caring and collabora tive culture. Staff who are supported and valued are more inclined to support and value clients. Contented staff are likely to have contented clients. This business vision in 2003 was before ‘mental health’ and ‘wellbeing’ were common words. The firm has a reputation for focusing on staff and won a Lexis Nexis Wellbeing award in 2019.  We don’t have a ‘family’ friendly working policy but a friendly working policy. We have work patterns that accommodate colleagues’ responsibilities, wishes and body clocks.

Our 20-year anniversary in 2023 has shown my idea for a boutique immigration firm was not such a bad idea. But I have had many bad ideas over the years.

Why did you set up a New York office?

I have always had a love of America. It is a beautiful, vast, diverse country in land scape, culture and people. We were the first firm in London to offer UK and US immigration. Client demands highlighted the desire for our UK and US immigration services from the US. So I qualified as a New York attorney and opened an office in Manhattan, in the premises of one of my first clients, whom I took on reluctantly in my early days at C&L.

What has been the most chal lenging case you have worked on to date?

There have been numerous challenging cases that we have advised on over the years, most I am happy to add, have had successful outcomes. It is the nature of being a lawyer that one does not ‘win’ all cases.

The biggest challenge recently, again like for many lawyers, was dealing with the effect the pandemic had on the firm. But the greater acceptance by employers of agile working has had benefits for staff especially those with family responsibili ties. Hybrid working however has chal lenges. When staff are not in the office it is vital that they believe they have the support, tools and IT backing they need. Additionally, supervision, training, confidentiality, cyber security and wellbeing must be managed. It is important to ensure that there is a collegiate, energetic atmosphere when it is not 100 percent occupied. We organise exercises, lunches and weekly evening drinks in the office, staff outings, literature lounges, charity events, a buddy system, check ins and coffee groups as well as training, webinars and seminars.

Peers and clients say: “Laura is absolutely fantastic!”

“She is one of the most-respected lawyers in the industry”

“She is the best around, no question”

“She is a very pragmatic, cooperative and efficient practitioner”

whoswholegal.com/thought-leaders

Proud is a word I never use. One of my pleas ures is seeing lawyers and support staff enhancing their careers. Some staff move to other firms, as is the case in all firms, but we have a growing alumni who return, which we see as complimentary. As an immigra tion lawyer I enjoy seeing migrants to the UK and US making successes of their lives both from a family and business point of view. We have had a myriad of extraordinary clients over the years.

Attention to detail, adaptability and good communication have always been essen tial qualities for an effective lawyer. The recent move to agile working has come with challenges for immigration lawyers in that our work is very application based, and we must spot inconsistencies in often voluminous files so as not to comprise the success of the applications.

Looking back over your career, what has been your proudest achievement?
What qualities make for an effective immigration lawyer (in today’s climate)?
7

Janice A Flynn

Flynn Hodkinson London www.flynnhodkinson.com

janice@flynnhodkinson.com

Tel: +44 20 8057 8020

Biography

Janice has been working in the field of US visa and nationality law for more than 20 years. In 2012, she founded her own US visa and nationality practice. Janice regu larly advises multinational compa nies on their overall US immigration strategy encompassing a wide range of US visa and nationality matters, corporate immigration, familybased visas and US nationality issues including the acquisition and loss of US citizenship as well as admissibility issues.

8 Corporate Immigration

What qualities make for an effective immigration lawyer in today’s climate?

An effective immigration lawyer must have an incredible amount of resilience as US visa and nationality law is constantly subject to the whims of politics. After four years of the Trump administration all US immigration lawyers should be proud to have survived! Patience and compassion are vital when working with clients whose whole life depends on the approval of a visa application.

What are the unique challenges of working in such an interna tional area of law?

There is a unique challenge of working with clients of different backgrounds, which can make it tricky to advise clients. There are operational challenges because we are a US firm based in the UK and so we have to figure out how to run our practice as if we are in the US while making sure we are maintaining our US-state bar professional standards.

On what matters have clients most frequently asked you for advice over the past year? What would you say is driving this?

In the past year, more companies are getting back in the swing of things, setting up new offices in the US and sending employees to the US so we are being asked a lot about employment-based immigration

issues. We have also had to provide a lot of advice for Lawful Permanent Residents (or green card holders) who are having issues with re-entering the US after being long absent during the covid-19 pandemic.

You are currently an ambas sador for icap (Immigrant Counselling & Psychotherapy). What are the organisation’s goals and how has the experi ence enhanced your practice?   Icap’s main goal is to provide culturally sensitive counselling and psychotherapy to those who were born in Ireland or are of Irish descent who have suffered institu tional trauma in Ireland or a family member suffered institutional trauma. Being involved with icap has helped me to better under stand the trauma and stress involved with moving from your home country.

How do you establish a detailed understanding of a client’s business to advise them effectively?

Before meeting with a client, I try to find out as much as I can about what they do and how long they have been in business. When meeting with the client, I want to find out about what their plans are to expand into the US and what their goals are to deter mine who they may need to send to the US. I also want to understand the client’s internal culture and how they work so we can serve them more effectively.

Why did you decide to set up your own firm?

I initially started my own firm because there weren’t a lot of options for growth in the firm I was working for. The firm I left when I started my firm is the firm I have merged with so it seems it has all gone full circle.

How would you like to develop your practice in the next five years?

I would want to continue to develop a strong team of lawyers and client support assistants. Without a team to support our clients, we can’t expand. I also want to continue to develop a base of corporate clients in specific sectors like new energy, as many new jobs will need to be filled in the US to meet this demand.

Looking back over your career, what has been your proudest achievement?

Each client has their own story, so I am always happy when we have helped someone who thought they didn’t have any options. I am also very proud of the team I have developed and want that to continue because happy team members will mean that our clients will be well cared for. When I first started my business, I had no idea of how it will go and I’m proud to have a big team working for me.

Peers and clients say: “Janice is incredibly thorough and diligent”

“She possesses a huge breadth of knowledge regarding immigration matters” “She is an excellent lawyer”

whoswholegal.com/thought-leaders

9

Ellen Freeman

Ellen Freeman Immigration Law Group PLLC Pittsburgh, PA www.freemanimmigration.com efreeman@freemanimmigration.com Tel: +1 412 822 6500 Biography

Ellen Freeman has built and main tained a stellar world-wide repu tation of excellence in the field of corporate immigration law for over 23 years. Ellen’s many achieve ments have been earned through her selfless dedication to her clients and finding efficient solu tions to their unique circumstances. She established her own firm in 2019 after many years of practice at large law firms. Most recently, Ellen was honoured with a Lexology Client Choice Award 2022 and Best Lawyers Best Law Firms, US News & World Report 2023.

Immigration

10 Corporate

How has the war in Ukraine affected your practice and, in a broader sense, the field of immi gration law internationally?

Apart from the emotional and personal shock, I have been working tirelessly to help as many Ukrainian citizens as possible to bring their loved ones to safety in the U.S. From consulting with refugees in Poland, Bulgaria and Romania, to exam ining availability of Canadian and EU immi gration options, to helping relatives of U.S. citizens enter the U.S. and stay here, it has been an extremely busy year. Immigration attorneys in the EU, Canada, Mexico, and the U.S. had to navigate new regulations and options while providing humane and compassionate advice to many pro bono clients. I now serve on the Ukrainian Task Force, an independent group of broad practice attorneys who advocate tirelessly on behalf of Ukrainian citizens currently present in the U.S. or wishing to join their families and friends here. That includes advising the embassy of Ukraine in D.C. on sensitive and complex issues of U.S. immigration law.

As we seem to be normalising out of the past three years of the covid-19 pandemic, how do you see the landscape of immigration changing and, or adjusting to the new normal?

The new post pandemic “normal” has enabled both immigration attorneys and paralegals to work fully remotely and open many more job opportunities. We see more staff and support work outsourced to lower cost markets. We also witness a greater competition for talent since changing jobs for immigration practitioners now involves only a change of the software systems they use and email accounts. They may continue to work at the same desk where they worked for the prior employer. Higher competition for talent and pressure on wages puts many firms at a disadvantage, making it harder to operate a stable and profitable practice.

What distinguishes your prac tice from competitors in the market?

We are personable, efficient and cost effective. I try to understand the client’s

concerns and pain points and eliminate those as fast as possible. My goal is to build a lasting relationship and be a great team player for the client. My corporate clients work with me for decades and I get to know all about the company’s business and the way it likes to do business with its outside counsel. It may not work 100 percent of the time and it is OK to recognise that you are not going to be the right attorney for all clients. But those who do enjoy working with you become your best advocates and supporters. It is a two-way street and finding the right match in the outside legal services provider is very important. That is what makes a successful global mobility and talent retention program.

What do you most enjoy about your work?

I love teaching clients, attorneys, parale gals, and human resources professionals. It keeps me on top of my game and makes me research and examine complex issues of immigration law. My practice is never boring because I am always giving talks or presentations on developing and current aspects of immigration practice.

WWL says: Ellen Freeman is “at the top of her game” and focuses her first-rate practice on matters regarding business immigration.

whoswholegal.com/thought-leaders

11

Maria Jockel

BDO

Migration Services Melbourne www.bdo.com.au

maria.jockel@bdo.com.au Tel: +61 3 9603 1830

Biography

Maria is the global and national immi gration leader and legal principal of BDO Migration Services, an incorpo rated legal practice that specialises in all aspects of Australian immigration and nationality law for corporate and private clients. Maria is an accred ited specialist in immigration law and leads BDO’s Global Immigration Services, which operates in nearly 100 countries. Acknowledged as one of Australia’s leading specialists in immigration law, Maria brings a unique depth and breadth of immi gration law, and corporate and commercial-related legal experience from her years in private practice and government service.

12 Corporate Immigration

After I completed my Law /Arts Honours Degrees and commenced legal practice, I was appointed to various federal govern ment and state government bodies, which enlivened my interest in the interface of law and policy.

This included the National Population Council advising the federal ministers of immigration on immigration and popu lation issues; the Family Law Council advising the attorney general on family law and related issues; the Advisory Council of the Office of Multicultural Affairs advising the prime minister on multicultural affairs; and as the deputy chairman of the Ethnic Affairs Commission overseeing the monitoring and analysing trends in immigration, population and labour force participation and the implications for government services and the needs of ethnic groups.

I was also appointed a consultant to the Law Reform Commission regarding the report on “Multiculturalism and the Law”.

After being appointed to the Law Institute of Victoria Immigration Law Specialisation Committee and following the establishment of Specialist Accreditation in Immigration, I became an accredited specialist in immigration law.

My biggest challenge has been juggling family with career as Australia’s immigra tion laws are highly codified, complex and dynamic in response to the priorities of the government of the day. Finding the right work-life balance takes commitment.

With the new government and Australia’s critical workforce shortages which are adversely impacting Australia’s economic recovery post pandemic, there is likely to be significant and ongoing change.

This includes the review of and possible consolidation of the various Skilled Occupation Lists to provide a pathway to permanent residence for all occupa tions; the review of the nature of the visa – specific criteria including as to the ANZSCO based classification of occupa tions; and a simplification of the existing Skilled Migration Program to provide clearer and more streamlined pathways from temporary to permanent residency, including to regional Australia.

With global mobility continuing to grow, corporate immigration is likely to become more complex as it interfaces with employer tax obligations generally, including pay-as-you-go (PAYG), superan nuation, fringe benefits tax, payroll tax, workers compensation and the growing trend for a mobile workforce working remotely, anywhere in the world.

Employers need to review their local and global policies to better address their workforce needs in a rapidly changing world and a war for talent.

In Australia, we now have 41 percent of employees working outside of the office and some one million Australians living and working overseas.

The proposed review of the Migration Program will bring more change, as the new federal government balances the interests of business with that of the unions.

ImmiAccount is the Department's digital ‘front door’, providing public access to a range of digital and online services. It encourages clients to create and use indi vidual online ImmiAccount to lodge and action matters relating to their visa and citizenship applications, reducing reliance on phone and in-person engagement.

The Department’s online virtual assis tant has continued to assist clients with enquiries. In 2020–2021, the virtual assistant responded to around 422,000 enquiries, including 89,095 related to covid-19.

The use of technology is critical to meeting the burgeoning demand for temporary and permanent entry at a time when the Department receives over 15 million applications annually and there is an ever-growing demand for departmental services.

Do you believe Australia's immigration policies are too restrictive, and if so, how could this be improved?

There is a need to significantly boost Australia’s global competitiveness with the acute skill shortages across all sectors. This includes in health, education, aged care, professional services, and agricul tural workers.

With the ageing of Australia's popula tion, the demand for aged care workers continues to grow. The Committee for Economic Development of Australia reported in 2021 that the aged care work force will need to expand by nearly 17,000 workers a year during the next decade to meet the basic standards of aged care.

Working with Australian and global corpo rations to address skilled workforce short ages with temporary and permanent entry visas, underpins Australia’s economic prosperity and is consistent with the priori ties of the new federal government.

The next raft of reforms following the Jobs and Skills Summit September 2022, including the proposed review of the Migration Program, will offer further opportunities to keep up with the pace of change and best help our clients, which I find most rewarding.

To what extent has the use of technology in Australia's immi gration policy helped stream line the process, if at all?

The Department of Home Affairs continues to enhance its web-based services with evolving digital technology to enable it to streamline its client centric services and information provision. This includes pre-lodgement enquiries, visa lodgement (including a quality assurance complete ness check) fee payment, biometric enrol ment, data input and data sharing across specified government agencies.

whoswholegal.com/thought-leaders

There is a need to simplify the pathway to permanent residence for short–term stream Temporary Skill Shortage (482) visa holders, including to regional areas.

The Skilled Occupation Lists must also be simplified, and preferably consolidated and allow for a new migration pathway for lower skilled workers critical to industry, including to support the aged care sector.

The forthcoming review of the Migration Program requires a consideration of various factors including employment, training, migration, technology and industry related considerations to best support Australia’s immigration needs for the next decade.

What inspired you to become an immigration lawyer and what was the biggest challenge you faced joining the profession?
What is the most rewarding aspect of your role as an immi gration lawyer?
How do you see your corporate immigration developing over the next five years?
13

In April 2022, the Australian federal govern ment signed the interim Australia-India Economic Cooperation Trade Agreement, to further strengthen the economic trading relationship between the two countries. Once the full Comprehensive Economic Cooperation Agreement is signed, it will open the door into the world's fastestgrowing major economy for Australian farmers, manufacturers, and producers.

In December 2021, Australia also signed the Australia–United Kingdom Free Trade Agreement, which once it becomes a binding treaty, will include reciprocal commitments on temporary entry of skilled personnel that will support the bilat eral advancement of professional skills, commercial interests, and modern value chains.

The Australian Strategy for International Education 2021–2030 includes a diversi fication strategy, which aims to diversify source countries and capitalise on offshore

and digital opportunities as Australia continues to compete with the UK, USA, and Canada for international students.

It is anticipated that as Australia expands its free trade agreements, these together with Australia's Student Visa Program will be important sources of skilled migrants, aligned with Australia’s future skills needs.

These and other measures will make Australia more accessible post-covid-19, as it must be.

Australia is renowned for having a highly selective migra tion program – what impact do you believe this has on busi nesses hoping to diversify their workforce?

The Jobs and Skills Summit, 2022 brought together government, employers, unions, and the broader community to look at initi atives to build a bigger, better trained, and more productive workforce, to boost real wages and living standards, and to create more opportunities for more Australians.

This is part of the new government’s commitment to show leadership of Australia’s labour market and current, emerging, and future workforce skills needs, including by increasing the perma nent migration ceiling to 195,000 in 2022-2023.

It has also extended visas and relaxed work restrictions on international students to strengthen the pipeline of skilled labour and allocated additional funding to resolve the visa backlog.

Employers are likely to see an increase in short-term assignments, remote working arrangements, and skilled migration that involves moving people to the job, as part of the strategies required to address their workforce needs.

While the Migration Program will be subject to reform, Australia is likely to continue to have a highly selective migra tion program, where the needs of business are balanced with that of unions and the need to protect Australian jobs.

Will Australia become more accessible post-covid-19?
Corporate Immigration 14
WWL says: “Maria’s demonstrated mastery of the Australian immigration system mean her cases are often the most complex, yet she never fails to achieve the right outcomes for our business and achieve excellent results.”

WTR provides global insight and expertise on the latest trademark and brand management issues, helping make your practice a success.

Our comprehensive news, analysis, in-depth guidance and data are curated to meet your specific requirements, keeping you up to speed on the trends and issues that matter.

KNOW MORE

Keep informed with the latest news, research and data, so you can stay connected, advise with confidence and compete effectively.

FIND THE EDGE

Connect and collaborate with your peer group, clients and colleagues. Get the full cross-border view from leaders in the field, to help you identify opportunities.

LEAD THE MARKET

Understand the trends and harness the tools and insight you need to guide strategy, streamline decisionmaking, and keep your practice in front.

subscriptions@worldtrademarkreview.com www.worldtrademarkreview.com

Dieter Kohlfürst

Kohlfürst & Färber Rechtsanwälte Miesbach www.raekf.de kohlfuerst@raekf.de Tel: +49 8025 924 1022 Biography

Dieter Kohlfürst was born in London and obtained his law degree from the Ludwig-Maximilians-Universität (LMU) Munich, one of the leading universities in Europe. He has been practicing as an attorney in Germany for more than 20 years and is specialised in German corporate immigration. Dieter has extensive experience in providing a full range of immigration services for Germany to individual clients and multinational corporations from numerous indus tries. This includes strategic advice on immigration compliance as well as business immigration to Germany.

16 Corporate Immigration

What inspired you to pursue a legal career?

The prospect to help and assist people with legal issues or problems they may have.

What do you enjoy most about working in the corporate immi gration field?

Several things stand out in working in a boutique law firm, specialising in immi gration law:

The mutual work with colleagues and clients from all around the world.

The opportunity to assist with multi national projects and assignments to Germany.

The gratitude and thankfulness of the clients, after an immigration matter has been completed successfully.

To what extent will the coronavirus pandemic have a long-term impact on global mobility programmes and the corpo rate culture of international assignments?

I anticipate, that the coronavirus pandemic may lead to fewer business trips taking place, if personal attendance in country is not absolutely required.

Making use of technical tools, in particular video conferencing, will continue to increase.

But if there is need for expert qualifi cations in Germany, international assign ments of company specialists within a multinational company will continue to take place.

The demand for foreign skilled workers in Germany is still present, irrespective of the coronavirus, to ensure the economic

growth of the German industry in the postpandemic economic recovery.

I therefore expect to see a continued amount of immigration to Germany on a local employment basis.

How do you seek to manage client frustrations when there are practical difficulties and delays at the immigration application stage?

To try and avoid client frustrations as much as possible, the key issue is to set realistic client expectations from the outset of the immigration matter.

This includes: chances of success, estimated processing times and required documentations.

If any practical difficulties or delays indeed arise, it is important to be available for the client and to assist in rectifying any issues immediately.

What makes your work as an immigration lawyer stand out from its competitors?

The “hands on” practice of immigration work, being agile and innovative, as well as my commitment to providing excellent service.

I am personally available to the clients and responsive at short notice to give expert advice on their immigration needs.

How do you anticipate immi gration law will develop over 2022-2023?

The coronavirus pandemic will continue to play an important role in immigration law.

Should any possible new mutant devel opments emerge, countries worldwide will respond by amending their entry and quarantine regulations for third country nationals at short notice.

If the coronavirus pandemic situation remains stable or improves, we may see countries loosen any previously adopted protectionist immigration policies.

As there is a growing worldwide demand for working remotely, we may see countries adopt specific immigration law regulations for these cases. Such regulations could allow third country nationals to remotely work in-country for a company, which does not have an entity there or does not act in fulfilment of a contractual obligation in that country.

What advice would you give to practitioners looking to set up their own firm?

Both the work perspective and the economic perspective have to be considered.

Determine from the outset if there is a market for your provided services.

The most important prerequisite is to provide excellent service to the client. Good communication skills are also required.

Try and be patient, as it takes a time to build a reputation in a specialist area of the law and a reliable network with clients and colleagues.

To avoid getting into financial difficulties, it is important to have an overview over the estimated monthly fix costs.

Peers and clients say: “Dieter is a phenomenal immigration lawyer” “He has a great ability to ensure clients feel at ease”

whoswholegal.com/thought-leaders

17

Paa Kwesi Hagan

Globetrotters Legal Accra www.gtlegalafrica.com paakwesi@gtlegalafrica.com Tel: +233 267 719 169

Biography

Paa Kwesi Hagan is a solicitor, immigration expert and head of Globetrotters Legal, a firm special ised in providing immigration solutions for global corporations operating in Ghana. Paa Kwesi has a wealth of experience in advising clients on Ghanaian immigration and compliance matters and liaising with regulatory bodies in Ghana. He has advised several high-net-worth companies and multinationals on immigration and compliance issues in Ghana.

18 Corporate Immigration

What do you enjoy most about working in immigration law?

The ability to help clients and to create solutions for them when faced with complex challenges and the satisfaction of having been instrumental in solving their immigration needs. Because the landscape is always changing, I must be up to date on changes in immigration law and policy, this is stimulating and helps me grow professionally. I find it interesting to learn about different immigration systems in other parts of the world and how they differ or are similar to the Ghanaian immi gration system. I have also been privileged to make friends and work with some of the best professionals across jurisdictions and this has been one of the best parts of being an immigration lawyer.

What do clients look for in an effective immigration lawyer?

Clients look for an immigration lawyer who is knowledgeable and can give them clear and up-to-date advice and help them solve their needs. They also look for a lawyer who is experienced, confident and proac tive enough to be able to engage effectively with immigration authorities and regula tory bodies to solve complex immigration problems especially on areas where the law may not be so clear.

How has your practice evolved since the beginning of your career?

We have evolved from having a one-man practice to currently having over 15 members of staff in Ghana and having an immigration consultancy in Senegal. I feel that as a practice we have also grown in experience and in confidence from years of helping clients to navigate the immigration landscape and have evolved professionally as well.

What are the main issues on the horizon for corporate immi gration practitioners and their clients?

While it has always been important for immigration lawyers to stay abreast with changes in law and policy, with the coro navirus pandemic, the challenge to stay current with and be responsive to policy developments has become even more crucial. Specifically, rules on business travel have become more critical due to frequent changes to business visitor rules in various countries due to covid-19.

Another is the issue of local content that is now being rigorously enforced in many countries especially in the petroleum sector, it means that companies must comply with local content obligations set in the jurisdictions that they operate in.

What impacts do you see covid19 having on your practice and corporate immigration more broadly?

Covid-19 led to people not being able to travel to undertake international assignments due to travel restrictions. Significantly, the economic impact and the global recession resulting from the pandemic has had an impact on many companies some of whom have had to downside. With this backdrop, some companies are unable/reluctant to expand their operations to other countries due to uncertainty.

Covid-19 affected the number of clients accessing services and impacted lots of practices negatively and financially.

Covid-19 also impacted the nature of work, with lots of companies employing virtual working as the norm with no fixed workplaces, so this may mean that in some cases employees may not need to be sent to other jurisdictions to be able to work.

Immigration’s systems will become more digitalised as the use of manual processes were a problem during the pandemic, this will make for ease of processing, which should lead to faster processing times of permits.

How does Globetrotters Legal distinguish itself from competi tion in the market?

I think for us the number one thing is prioritising the needs of our clients and always going the extra mile, we also pride ourselves on having a good relationship with our working partners across jurisdic tions to ensure that we work together to always meet the needs of our clients.

Immigration is an unpredictable area of law, with policies changing frequently. At Globetrotters Legal, we pride ourselves on always being up to date with changes to ensure that we meet clients’ needs.

As managing partner, what are your main priorities for the firm’s development over the next five years?

(1) Continuing to build a knowledgeable workforce capable of solving the most complex immigration needs and strength ening our ICT systems in keeping with modern trends. (2) Continuing to engage with regulatory bodies to ensure that our clients are always compliant. (3) Expanding to cover other jurisdictions in Africa.

What is the best piece of career advice you have received?

To empathise and always prioritise the needs of the clients.

Peers and clients say: “Paa has an incredibly impressive immigration practice” “He is an excellent corporate immigration lawyer”

whoswholegal.com/thought-leaders

19

Anne O'Donoghue

Immigration Solutions Lawyers

Sydney https://immigrationsolutionslawyers. com.au

anne@immigrationsolutions.com.au Tel: +61 2 9264 6432 Biography

Anne O’Donoghue is an accredited immigration law specialist with over 29 years of experience. She is the director and principal lawyer of Immigration Solutions Lawyers. Anne has developed her international affili ations through the International Bar Association (IBA) for over 20 years. Anne was recognised as a Thought Leader, Global Leader, and National Leader by the WWL from 2020-2022. In August 2021 Anne was appointed as a member of the Ministerial Advisory Council on skilled migra tion and served in this position until August 2022. Anne was a finalist in the Lawyer’s Weekly Women in Law Awards 2022: in the category Pro Bono/Community Legal Centre lawyer of the Year.

20 Corporate Immigration

Looking back over your career, what has been your proudest achievement?

In my 29 years of practice as a legal practi tioner, there has been an array of moments which have changed me as a person and a legal practitioner for the better. I, and the team at Immigration Solutions Lawyers, took the initiative to apply to the immigra tion minister for temporary (subclass 449 visas) for 20 of the Afghan women judges, prosecutor's, activists and their families to be able to settle in Australia away from their persecutors. The group consisted of 20 main applicants, a total of 90 applicants altogether, including family members.

By application to the minister, they were able to obtain a visa grant for all 90 appli cants, which was a remarkable and unique outcome.

This was truly an achievement and the outcome really transformed the livelihood of our clients.

You were recently appointed vice chair for diversity and inclusion at the Global Employment Institute. What are your goals when in this role and how can these be achieved?

As former chair of the Immigration and Nationality Committee, current member of the Advisory Board of the Professional Ethics Committee and in the process of being involved in the Indigenous Peoples Committee, what I hope to contribute and to gain from this role, is to firstly develop more interest in international law and modern slavery on an international level and how the two interchange and affect foreign workers and visa holders globally.

What qualities make for a good successful corporate immigra tion lawyer?

An immigration lawyer’s responsibilities and duties are exhaustive. Strategising visa products and strategies for poten tial and current clients, on the basis of current legislation, policies, regulations, and the portfolio of your client, and finding appeal avenues for visa refusals are only a few of practices often experienced in an immigration lawyers day-to-day business.

However, what enables a corporate immi gration lawyer to succeed is their ability to constantly update their knowledge on the ever-changing immigration legislation to ensure they are providing accurate strate gies and pathways to their clients and to further be apart of the policy conversa tions with government and independent institutions, which take into consideration the knowledge and experience of corporate immigration lawyers when reforms are sought to cater for businesses and skilled workers alike.

What makes Immigration Solutions Lawyers stand out from its competitors in the market?

Immigration Solutions Lawyers prides itself on their extracurricular involvement in sectors which indirectly and directly affect the immigration space both domestically and internationally. Principal and director Anne O’Donoghue has extended her exper tise in organisations such as the Ministerial Advisory Council, the International Bar Association, to name a few, as well as having heavy involvement on issues affecting modern slavery and the exploitation of foreign workers. These involvements have strengthened the practices knowledge and ability to take on a variety of clients, which present complex visa issues, which with Immigration Solutions Lawyers expertise and experience, have found suitable solu tions with strategies which competitors may not have the knowledge to advise on.

How do you expect the recent increase in Australia’s perma nent migration programme cap to 195,000 people per year to impact the market?

The recent increase is in response to Australia’s dire need for foreign workers to fill positions in critical sectors, and the increase in permanent migration incen tivises skilled workers in critical indus tries such as healthcare, infrastructure and technology and will allow permanent pathways to workers willing to fill imme diate gaps. The positive impact Australian businesses, the Australian economy and foreign workers are striving for is the visa

whoswholegal.com/thought-leaders

backlog of skilled visas to progress effi ciently and the ability for foreign workers to return to the workforce. Given the urgency for an increase in workers in these crit ical sectors, it is hopeful the temporary increase will mean thousands more skilled workers may settle in Australia.

As with many jurisdictions, there are considerable delays in applying for Australian work visas at the moment. How can lawyers best advise and sup port clients in what is a very stressful situation for them?   Handling processing delays, which is ulti mately out of a practitioner’s hands, is diffi cult, although there are ways in expediting visa applications, on the basis of financial hardship for businesses. However, lawyers must ensure that there are no unneces sary delays in the processing of visa appli cations, which are at the fault of the visa applicant, for example, not providing accu rate or required documentation, at the time of lodgement or failing to provide sufficient documentation and/or information for the department to make an assessment.   Ensuring the application process and the attachments required are complete in full, is the best way a lawyer can advise and support their clients.

If you could implement one reform in Australian immigra tion law, what would it be and why?

One reform in Australian immigration law which I would recommend, would be to substantially phase out or remove labour market testing for critical sectors. Labour market testing is a requirement made upon businesses when applying for a sponsored visa to advertise the position for a minimum of 28 days on three advertise ment platforms (including a governmental advertising platform, Work Force) to see if the position may be filled by a local worker.

Given the fact labour market testing (LMT) has been described as an artificial process, by certain sectors, and business communities, I believe that businesses who are in critical sectors, in need of workers, should be exempted.

21

How do you anticipate the Australian legal market chang ing in the next five years? How might this affect your practice?

Emma Elsworthy writes, ‘Australian businesses are languishing through the second-most severe labour shortage in the developed world, as nearly 3% of all jobs

in Australia remained empty in the March quarter’ (Aussie businesses suffering second-worst skills crisis in developed world (smartcompany.com.au) (9 June 2022)). If the post-covid world has taught us anything, it is the importance of skilled migrants and just how much Australia relies on them to keep the economy going.

I hope Australia continues to be intuitive to the labour market and economy in the wake of our covid-19 recovery, and I would like to continue assisting in employer sponsored visas to assist in enriching Australia’s work force and address labour shortages in critical sectors.

Peers and clients say: “Anne is thorough, knowledgeable, prompt and efficient”

“She is passionate about her work and has an intimate knowledge of immigration and government relations”

“She is always confident, calm and very practical about the processes”

Corporate Immigration 22
Receive regular content emails from Global Data Review, including news and analysis covering the spectrum of data law, regulation and practice from IP, privacy, cybersecurity, e-commerce, M&A and IT. Global Data Review is the only publication that reports on this fast-moving area of law and coalesces it into one focused, comprehensive information source. Sign up free: LBRESEARCH.COM/GDR/EMAIL Find out more www.globaldatareview.com gdr-subscriptions@globaldatareview.com
Analysing the evolving law on trading, protecting and monetising data

Marcel A G Reurs

Everaert Advocaten Amsterdam www.everaert.nl reurs@everaert.nl Tel: +31 20 752 32 16

Biography

Marcel Reurs has been practising Dutch and EU immigration law for over 25 years. His practice includes the full range of business immi gration work for corporate clients across the globe. Marcel is a partner with Everaert Advocaten, a law firm established in 1982, and exclu sively dedicated to immigration and nationality law.

24 Corporate Immigration

If you could introduce one reform to immigration law in the EU or the Netherlands, what would it be and why?

This would be to increase the options to obtain a work permit for so-called ‘lowerskilled’ work. The Netherlands is facing relevant shortages in lower skilled occu pations in the care, IT and construction sectors. Obtaining work permits for these occupations is difficult to impossible due to the resident labour market test. I would be in favour of the government creating a list of occupations which are in short supply, as we see in the UK, allowing employers to hire workers from outside the EU in these jobs, even temporarily. In addition, we currently lack a proper work permit cate gory for UK citizens commuting between the UK as their place of residence and the Netherlands as their place of work.

What are some of the key complexities when it comes to the immigration aspects of complex and high-value M&A deals?

A very common complexity is due to the rule that migrant workers who are spon sored under the highly skilled migrant programme (HSMP) can only be employed and sponsored by an employer having recognised sponsor status – a sponsor licence. We often see scenarios where HSMP workers will be moving to a receiving entity, automatically, under a TUPEarrangement on a set date. If the receiving entity does not have recognised sponsor status yet, it can be quite a struggle to arrange for this in time before the move date. If this aspect is not timely flagged,

and the receiving entity has not become a recognised sponsor before the crucial date, the entity is employing migrant workers illegally and the migrant workers risk their residence permits being revoked.

How do the needs of interna tional corporations differ from those of start-ups?

International corporations will typically have a global mobility infrastructure, including a department and policies. They may seek advice on compliance, in-company training for their staff or handling applications. Start-ups will typically require advice on how attract foreign talent and the options available for sponsorship. Actually, to meet this need the government has implemented a new scheme this year by way of a four-year pilot project to facilitate the hiring of talent by innovative start-ups. This scheme allows them to sponsor up to five skilled workers against a reduced salary threshold, provided they employ a total of 15 staff or less and that the sponsored worker will receive an employee participation of at least 1 per cent in the start-up, as stock options, depository receipts for shares or shares without voting rights.

How has your experience as an expert adviser to the Ministry of Justice on immigration policy reform enhanced your practice?

Sharing experiences and goals during work sessions with professionals and officials from various government departments and agencies in an open but confidential setting has been very insightful, and provided me

with an understanding of what drives law and decision making. It also offered the opportunity to voice client needs at a stage where the making of the law was still on the drawing board.

In what ways does Everaert Advocaten distinguish itself from competitors in the market?

Our expertise is very broad as it includes not only business immigration but also private client and humanitarian catego ries. Further, we have an expert team of attorneys dedicated to citizenship.

What have been the most prominent immigration chal lenges caused by Brexit so far?

What do you think the future of mobility looks like between the EU and UK?

The main challenge our corporate clients are facing is options for UK citizens to commute between the UK as their place or residence and the Netherlands as their place of work. We do not have a proper commuter system in place, which I believe will be indispensable.

As chair of the firm, how would you like Everaert Advocaten to develop over the next five years?

We continue to strive for excellence in quality of work. To achieve this, we need to ensure we continue to succeed in attracting young talent and remain at the forefront of technological developments.

Peers and clients say: “Marcel is a walking dictionary of Dutch corporate immigration law” “He is easily the best corporate immigration lawyer in the Netherlands” “He is a very practical lawyer with a broad practice and is an efficient project manager”

whoswholegal.com/thought-leaders

25

Yoshio Shimoda

Immigration Lawyer Shimoda Office Tokyo www.shimodalegal.com info@shimodalegal.com Tel: +81 90 1532 5074 Biography

Yoshio Shimoda has been practising Japanese immigration law since 1994. He has established himself as the most reliable immigration lawyer in Japan. He is recognised by the community of international firms, as the ‘go-to guy’ for all of their immigration needs. His client list includes the major interna tional firms operating in the country, including banks, automotive, IT, oil, and pharmaceutical firms. He joined IBA in 2003, as the first Japanese immigration lawyer to take a seat on the committee. He has been a regular speaker since 2002 at international conferences including IBA and AILA.

26 Corporate Immigration

Describe your career to date.

I was admitted as an administrative lawyer in 1994, established ILS Shimoda Office in 1997, and became the first Japanese immi gration lawyer to become a member of IBA in 2003.

ILS Shimoda Office has become one of the leading immigration law firms in Japan, having represented many global companies in approximately 50,000 appli cations until 2012. I retired as the head of the firm at the end of 2012 and established the Immigration Lawyer Shimoda office in 2013. I am now providing detailed legal services to top-class entrepreneurs and businesspersons around the world.

Also, as an adviser of JILA (Japan Immigration Lawyers Association), I am currently participating in policy advocacy activities regarding immigration adminis tration to the Japanese government.

What do you enjoy most about working in immigration law?

The movement of people to foreign coun tries with different cultures, customs, and business styles requires overcoming various barriers, and it is very interesting to be involved in this area of legal work.

How does Immigration Lawyer Shimoda Office distinguish itself from competition in the market?

We provide detailed analysis and solutions based on our extensive experience and knowledge.

To what extent will the coro navirus pandemic have a longterm impact on global mobility programmes and the corpo rate culture of international assignments?

Overseas assignments that are less neces sary will be curtailed in the long term. On

the other hand, the importance of inter national mobility for essential people and tasks will continue.

How do you anticipate the Japanese legal market chang ing in the next five years? How might this affect your practice?

The coronavirus pandemic has promoted the use of IT for administrative services in Japan. It is expected that online procedures will become the mainstream for immigra tion applications, which will fundamen tally change the way legal services are provided. Simple tasks other than providing appropriate analysis and solutions will be reduced.

What is the key to corporate immigration practice under the current administration?

As a matter of policy, the acceptance of personnel with highly specialised skills will be increasingly encouraged. As laws and systems continue to change at a rapid pace, it is essential to keep abreast of the latest information and continue to provide appropriate solutions.

Looking back over your career, what has been your proudest achievement?

I was the first legal professional to estab lish an immigration law firm in Japan that could meet the needs of international corporate clients. The advice and issues I have raised have had several important impacts on the immigration policies of Japan over the past two decades.

WWL says: Peers rate Yoshio Shimoda as a “first-class immigration expert” and “the best immigration lawyer in Japan”. Sources add: “He is great to work with on Japanese Immigration matters”.

whoswholegal.com/thought-leaders

27

Bram van Melle

Everaert Advocaten Amsterdam www.everaert.nl vanmelle@everaert.nl Tel: +31 20 752 32 00

Biography

Bram is a partner at Everaert Immigration Lawyers, and co-head of its corporate immigration prac tice group. He provides strategic immigration planning to multina tional companies doing business in the Netherlands. He frequently teaches corporate immigration courses to local practitioners, and is a contributing co-editor to Asiel&Migrantenrecht, the leading immigration law review in the Netherlands.

28 Corporate Immigration

What has been the most signifi cant change in the immigration needs of clients in the past five years?

There have not been big legislative changes, in terms of major overhauls of the system. There has been a subtle but consistent development over these past five years, which has driven our clients’ needs.

The need for advice on overall compli ance has become a more dominant element in our practice. Application work is mostly digitalised, permits are issued to companies based on their trusted status with the immigration authorities (sponsor licence) and checks on compliance and enforcement of the rules may only take place long after the permits are issued.

Digital processing sometimes means that a company may receive positive decisions for their employees from our immigration authorities, but later is still sanctioned when the underlying admin istration is audited and not complete or compliant. It is an interesting change and requires a different approach and type of awareness from the client. This applies not just to the process of obtaining the work and residence permits, but also to other reporting and administrative duties, which come with the company’s recognised spon sorship status.

In what ways has Brexit impacted practice?

Its impact is still growing every day, because there are still companies that seem to find out only now that British nationals are no longer free to work and reside in the Netherlands. Personally, I

would have much rather had the UK still in our European project, and it feels strange to service these companies from a country that we basically consider to be our neigh bour and apply for work permits for its nationals.

authorisation if no Dutch sponsoring Dutch company is present. Our immigra tion system is not really equipped (yet) to accommodate remote working (either sending or receiving remote workers) and I do not anticipate that to change anytime soon.

At the side of the authorities there has been a shift from written applications to more (not all) digital applications. Within our practice, we see that not only our firm has a paper-free office nowadays, but our clients’ personnel files and all communication with our clients are now digital. Covid-19 has only expedited this process towards going fully digital. With all this personal data being exchanged, it is extremely impor tant for all parties to provide safe methods of communication that are in line with GDPR’s requirements.

What challenges will a greater remote-working work force pose for immigration regulations?

I truly wonder if we are going to indeed see a much greater remote-working work force. But in any case, remote working causes complications that may be diffi cult to tackle. Immigration sponsorship by companies ties the individual to the Netherlands, and their absence to work somewhere else remotely may ultimately trigger revocation of the residence permit. The other way around, if someone were to work in the Netherlands remotely, apart from working with an employer of record, it is really difficult to arrange work

If you could introduce a reform to Dutch immigration law, what would it be and why?

Our immigration system is pretty inviting towards ‘highly skilled’ migrants. There is however a tremendous shortage of people in certain occupations that I would defi nitely consider skilled, but for who it would be virtually impossible to obtain work permits (due to salary thresholds). It may be a lot of work to keep it balanced and up to date, but I would like a system where there is more freedom for the authorities to issue work permits based on actual short ages on our labour market.

How does Everaert Advocaten distinguish itself from competi tion in the market?

We try to invest in young talent, and in general in our people. They are our capital and future. We also invest heavily on our IT and case management systems. This way we keep up with GDPR standards, and it has enabled us to all work from home during covid-19 lockdowns, without causing any interference in the service to our clients.

Last, but definitely not least in the global immigration world, we keep our fees at competitive rates.

Peers and clients say: “Bram is one of the best in the Netherlands”

“He is an excellent corporate immigration attorney” “He is very knowledgeable, responsive and approachable”

whoswholegal.com/thought-leaders

How are technological innova tions changing corporate immi gration practices?
29

Thought Leaders in Corporate Immigration 2023

Argentina

Florencia Funes de Rioja , Funes de Rioja & Asociados

Australia

Matthew Amoils , ASG Immigration

Maria Jockel , BDO Migration Services

• Q&A

Anne O’Donoghue , Immigration Solutions Lawyers • Q&A

Phillip Yip , Phillip Yip & Associates

Belgium

Bernard Caris , Younity

Henry Hachez , Tilia Law

Daniel Parisi , DJP Immigration Legal Services

Brazil

Gabriela Lessa , Veirano Advogados

Daniela Lima , Newland Chase

Maria Luisa “Isa” Soter da Silveira , Veirano Advogados

Canada

British Columbia

Gordon H Maynard , Maynard Kischer Stojicevic

Steven Meurrens , Larlee Rosenberg, Barristers & Solicitors

Marina L Sedai , Sedai Law Office

Ontario

Jacqueline R Bart , BARTLAW LLP | Canadian Immigration, Barristers and Solicitors

Barbara Jo Caruso , Corporate Immigration Law Firm

Henry J Chang , Dentons Canada LLP

David L P Garson, Garson Immigration Law

Evan Green , Green and Spiegel

Shoshana T Green , Green and Spiegel

Joel Guberman , Guberman // Appleby Immigration Lawyers

Ravi Jain , Jain Immigration Law

Betsy Kane , CapelleKane Immigration Lawyers

Sergio R Karas , Karas Immigration Law Professional Corporation

Peter Rekai , Rekai LLP

Heather N Segal , Segal Immigration Law

Eleanor Somerleigh , Rekai LLP

Quebec

Seth Dalfen , Gomberg Dalfen S.E.N.C. Stéphane Duval , McCarthy Tétrault LLP

Avi Gomberg , Gomberg Dalfen S.E.N.C. Geneviève Hénault , Gomberg Dalfen S.E.N.C.

China

Edward E Lehman , Lehman Lee & Xu

Colombia

Rodrigo Tannus Serrano , Tannus & Asociados

Costa Rica

Federico Solis , Fragomen Costa Rica Immigration Services LLC Ltda

Denmark

Tommy Angermair , CLEMENS

England

Sophie Barrett-Brown , Laura Devine Immigration • Q&A

Tom Brett Young , VWV (Veale Wasbrough Vizards)

Amanda S Brill , Brill Immigration

Rose Carey, Charles Russell Speechlys LLP

Nichola Carter , Carter Thomas

Natasha Chell , Laura Devine Immigration • Q&A

Katrina Cooper , Deloitte LLP

Matthew Davies , Wright Hassall LLP

Laura Devine , Laura Devine Immigration • Q&A

Janice A Flynn , Flynn Hodkinson • Q&A

Vanessa Ganguin , Vanessa Ganguin Immigration Law

Nadine Goldfoot , Fragomen LLP

Elspeth Guild , Kingsley Napley LLP

Kehrela M Hodkinson , Flynn Hodkinson

Alison Hunter , Wesley Gryk Solicitors

Graeme D Kirk , Ellisons Legal LLP

Marcia Longdon , Kingsley Napley LLP

Chris Magrath , Magrath Sheldrick LLP

Gary McIndoe , Latitude Law

Claire D Nilson , Faegre Drinker

Diana Okoeva , Clintons

Julia Onslow-Cole , Fragomen LLP

Chetal Patel , Bates Wells

James Perrott , Mayer Brown International LLP

Nicolas Rollason , Kingsley Napley LLP

Pat Saini , Penningtons Manches Cooper LLP

Paul Samartin , Samartin and Friends

Ben Sheldrick , Magrath Sheldrick LLP

Charlotte Slocombe , Fragomen LLP

Mark Symes , Garden Court Chambers

Andrew Tingley , Tingley Dalanay

Philip Trott , Vanessa Ganguin Immigration Law

Nita Nicole Upadhye , NNU Immigration Limited

Colin Yeo , Garden Court Chambers

Ilda de Sousa , Kingsley Napley LLP

France

Stephane Coulaux , CMG LEGAL (Coulaux-Maricot-Georganta)

Karl Waheed , Karl Waheed Avocats

Germany

Dieter Kohlfürst , Kohlfürst & Färber Rechtsanwälte • Q&A Gabriele Mastmann , Offer & Mastmann Gunther Mävers , michels.pmks Rechtsanwälte Partnerschaft mbB Bettina Offer , Offer & Mastmann Ghana

Paa Kwesi Hagan , Globetrotters Legal • Q&A

Hong Kong

Eugene Chow , Chow King & Associates India

Shalini Agarwal , In Se Legal Poorvi Chothani , LawQuest

Ireland

David Cantrell , Addleshaw Goddard (Ireland) LLP

Jane Pilkington , Newland Chase

Israel

Amit Acco , Kan-Tor & Acco

Cindy Azoulay , Kan-Tor & Acco Tsvi Kan-Tor , Kan-Tor & Acco Liam Schwartz , Goldfarb Seligman & Co

Directory 30

Italy

Marco Mazzeschi , Mazzeschi –Corporate Immigration and Citizenship Law

Corrado Scivoletto , Studio Legale Associato Simonetti Persico Scivoletto

Japan

Masahito Nakai , Nakai Immigration Services LPC

Yoshio Shimoda , Immigration Lawyer Shimoda Office • Q&A

Malta

Jean-Philippe Chetcuti , Chetcuti Cauchi Advocates

Mexico

Adrian Ojeda Cuevas , Ojeda Ojeda y Asociados

Netherlands

Sander Groen , Kroes Advocaten Immigration Lawyers

Jelle Kroes , Kroes Advocaten Immigration Lawyers

Susanne Mooij , Adam & Wolf

Marcel A G Reurs , Everaert Advocaten • Q&A

Barbara Wegelin , Van der Woude de Graaf Advocaten

Bram van Melle , Everaert Advocaten • Q&A

New Zealand

Nicola Tiffen , Duncan Cotterill Lawyers

Nigeria

Adekunle Obebe, Bloomfield Law Practice

Peru

Ariel Orrego-Villacorta , AOV

ABOGADOS

Poland

Karolina Schiffter , PCS Paruch

Chruściel Schiffter Stępień | Littler

Global

South Africa

Zahida Ebrahim , ENSafrica

Chris Watters , Chris Watters Attorneys

Spain

Ana Garicano , Sagardoy Abogados

Switzerland

Zurich

Urs Haegi , VISCHER AG

Caterina Nägeli , Bürgi Nägeli Rechtsanwälte

Nina Perch-Nielsen , Blue Lake Legal Ltd.

Turkey

Maria Celebi , Bener Law Office

USA

Alabama

Klari Tedrow , Tedrow and Myers Immigration Law Group

Alaska

Margaret D Stock , Cascadia Cross Border Law Group LLC

Arizona

Gloria A Goldman , Goldman & Goldman PC

Maurice H Goldman , Goldman & Goldman PC

California

Fausta M Albi , Larrabee Albi Coker LLP

Christine Brigagliano , Van Der Hout Brigagliano & Nightingale LLP

Atessa Chehrazi , Jackson & Hertogs LLP

Larry L Drumm , Berry Appleman & Leiden LLP

Jeptha Evans , McCown & Evans LLP

Avi Friedman , Wolfsdorf Rosenthal LLP

Josie Gonzalez , Stone Grzegorek & Gonzalez LLP

Kathleen Grzegorek , Stone Grzegorek & Gonzalez LLP

Catherine L Haight , Haight Law Group PLC

Martin J Lawler , Lawler & Lawler

Roland Lechner , Tafapolsky & Smith LLP

Edward R Litwin , Litwin & Associates

Kelly McCown , McCown & Evans LLP

Sharon R Mehlman , Tafapolsky & Smith LLP

whoswholegal.com/thought-leaders

Victor D Nieblas , Nieblas Law

Angelo A Paparelli , Seyfarth Shaw LLP

Kimberley Best Robidoux , Wolfsdorf Rosenthal LLP

Kirsten Schlenger , Weaver Schlenger LLP

Marcine A Seid , Seid Law Group

Carl M Shusterman , Law Offices of Carl Shusterman

Rita Sostrin , Sostrin Immigration Lawyers LLP

Lisa Spiegel , Duane Morris LLP

Jet J Stigter , Duane Morris LLP

Lincoln Stone , Stone Grzegorek & Gonzalez LLP

Alan Tafapolsky , Tafapolsky & Smith LLP

Marc Van Der Hout , Van Der Hout Brigagliano & Nightingale LLP

Ron Wada , Tafapolsky & Smith LLP

Gregory A Wald , Squire Patton Boggs

Mary Jane Weaver , Weaver Schlenger LLP

Bernard P Wolfsdorf , Wolfsdorf Rosenthal LLP

Colorado

Jeff Joseph , Berry Appleman & Leiden LLP

Connecticut

Andrew L Wizner , Leete Kosto & Wizner LLP

District of Columbia

Ava Benach , Benach Ragland LLP

Bo Cooper , Fragomen Del Rey Bernsen & Loewy LLP

Dawn M Lurie , Seyfarth Shaw LLP

John Nahajzer , Maggio Kattar Nahajzer + Alexander P.C.

Amy R Novick , Haynes Novick

Immigration

Eleanor Pelta, Morgan Lewis & Bockius LLP

Thomas K Ragland , Clark Hill PLC

Denyse Sabagh , Duane Morris LLP

Palma Yanni , Palma Yanni PC

Florida

Jeffrey A Devore , Devore Law Group

Tammy Fox-Isicoff , Rifkin and Fox-Isicoff PA

31

Mary E Kramer , Law Office of Mary E Kramer PA

Ira J Kurzban , Kurzban Kurzban Tetzeli & Pratt PA

John Patrick Pratt , Kurzban Kurzban Tetzeli & Pratt PA

Joel Stewart , Fakhoury Global Immigration, USA PC

Georgia

Robert E Banta , Banta Immigration Law Limited

Socheat Chea , Law Offices of Socheat Chea PC

Aimee Clark , Clark Immigration LLC

Romy Kapoor , Kapoor Luther & Loftman

Immigration Partners

Charles H Kuck , Kuck Baxter Immigration

Kevin Miner , Fragomen Del Rey Bernsen & Loewy LLP

Eileen MG Scofield , Alston & Bird LLP

Kyle D Sherman , Fragomen Del Rey Bernsen & Loewy LLP

Teri A Simmons , Arnall Golden Gregory LLP

Illinois

Kristen A Harris, Harris Immigration Law

Marketa Lindt , Sidley Austin LLP

Susan M MacLean , Zulkie Partners LLC

Stephen J Navarre , The Navarre Law Firm

Scott D Pollock , Scott D Pollock & Associates PC

Carlina Tapia-Ruano , Tapia-Ruano & Gunn PC

Ian Wagreich , Hinshaw & Culbertson LLP

Paul L Zulkie , Zulkie Partners LLC

Louisiana

David Ware , Ware|Immigration

Maryland

Denise C Hammond , Grossman Young & Hammond LLC

Michelle Lazerow , Law Office of Michelle Lazerow

Khorzad Mehta , Murthy Law Firm

Sheela Murthy , Murthy Law Firm

Linda A Rahal , Trow & Rahal PC

Adam Rosen , Murthy Law Firm

Massachusetts

Dan H Berger , Curran & Berger LLP

Francis E Chin , Chin & Curtis LLP

Susan J Cohen , Mintz Levin Cohn Ferris Glovsky and Popeo PC

Philip C Curtis , Chin & Curtis LLP

Harvey Kaplan , Kaplan Friedman & Associates LLP

Vincent W Lau , Clark Lau LLC

Michigan

Audrey Lustgarten , LG Global Immigration

Bushra A Malik , Butzel Long Michael E Piston , Michael E Piston PC

Minnesota

Scott M Borene , Borene Law Firm PA

Elaine M. Kumpula , Faegre Drinker Biddle & Reath LLP

Mississippi

Barry J Walker , Walker & Ungo LLC

Nebraska

Amy L Peck , Jackson Lewis PC New Jersey

Neil S Dornbaum , Connell Foley LLP David Grunblatt , Proskauer Rose

New York

Alexis S Axelrad , Barst Mukamal & Kleiner LLP

Margaret Artale Catillaz , Harter Secrest & Emery LLP

Austin T Fragomen Jr , Fragomen Del Rey Bernsen & Loewy LLP

Robert E Juceam , Fried, Frank, Harris, Shriver & Jacobson LLP

Noah Klug , Klug Law Firm PLLC

Carolyn S Lee , Carolyn Lee PLLC

Cyrus D Mehta , Cyrus D Mehta & Partners PLLC

Avram E Morell , Pryor Cashman LLP Marcia N Needleman , Levitt & Needleman PC

Deborah J Notkin , Barst Mukamal & Kleiner LLP

Gayle S Oshrin , Kauff McGuire & Margolis LLP

Danielle Rizzo , Harris Beach PLLC

Suzanne Seltzer , The Seltzer Firm, PLLC

Anastasia Tonello , Ulmer & Berme Stephen Yale-Loehr , Miller Mayer LLP

North Carolina

C Lynn Calder , Allen & Pinnix, P.A.

Gerard M Chapman , Chapman Law Firm

Steven H Garfinkel , Garfinkel Immigration Law Firm

Hannah F Little , Garfinkel Immigration Law Firm

John L Pinnix , Allen & Pinnix, P.A.

Ohio

Gregory P Adams , Dinsmore & Shohl LLP

Robert H Cohen , Porter Wright Morris & Arthur LLP

David Leopold , Ulmer & Berne LLP

Oklahoma T Douglas Stump , Stump & Associates

Oregon

Dagmar Butte , Parker Butte & Lane PC

Pennsylvania

Elise A Fialkowski , Klasko Immigration Law Partners LLP

Ellen Freeman , Ellen Freeman

Immigration Law Group PLLC • Q&A H Ronald Klasko , Klasko Immigration Law Partners LLP

William A Stock , Klasko Immigration Law Partners LLP

Tennessee

Robert C Divine , Baker Donelson Bearman Caldwell & Berkowitz PC

Linda Rose , Rose Immigration Law Firm, PLC

Ari Sauer , Siskind Susser Gregory Siskind , Siskind Susser Lynn Susser , Siskind Susser

Texas

Brian K Bates , Reina & Bates

Immigration Law Group PC

Kathleen Campbell Walker , Dickinson Wright

Charles C Foster , Foster LLP

Harry Gee Jr , Gee & Zhang, LLP

Jodi Goodwin , Law Office of Jodi Goodwin

Richard A Gump Jr , Law Offices of Richard A Gump Jr PC

Kenneth J Harder , Jackson Lewis PC

Steven M Ladik , Seltzer Chadwick Soefje & Ladik PLLC

Robert F Loughran , Foster LLP Craig E Miley , Miley & Brown PC

Directory 32

Maggie Murphy , Berry Appleman & Leiden LLP

Paul Parsons , Paul Parsons PC

Gordon Quan , Quan Law Group

Peter D Williamson , Chamberlain

Hrdlicka White Williams & Aughtry

Vermont

Leslie A Holman , Holman Immigration Law

Virginia

Michelle Funk , Berry Appleman & Leiden LLP

Vic Goel , Goel & Anderson LLC

Jennifer A Minear , McCandlish Holton PC

Laura Foote Reiff , Greenberg Traurig LLP

Washington

Kate Lopez Ley , Cowan Miller & Lederman

Joel H Paget , Ryan Swanson & Cleveland PLLC

whoswholegal.com/thought-leaders

33

events

IAM are excited to continue hosting ground-breaking digital events designed to ensure the IPBC message of sustainable and strategic IP value creation continues to be heard worldwide. Our virtual events portfolio allows for the widest reach of networking, benchmarking and learning opportunities within the IP community.

Where it is safe and practical to do so, we plan to host live conferences across key regional markets in 2021 and beyond.

Visit www.IPBC.com to see our upcoming events schedule.
ISSN 2631-9527

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.