With globalisation has come a greater diffusion of people, including professionals, moving across borders to work. Negotiating the niceties of immigration law is an often arduous task, resulting in an even greater call for competent immigration lawyers. Jean-François Harvey of Harvey Law Group gives an overview.
What major factors have you seen shaping corporate immigration law in Hong Kong and Asia-Pacific over the last few years?
The rise of common reporting standards; the development of Asean competing with China in efficiency and cost of production; international crises created by certain national leaders; and protectionism.
How are these trends affecting the way that corporate immigration lawyers work, particularly in Hong Kong?
Certain visas have become harder to obtain, either because of the applicant’s citizenship or the visa-issuing country. Some countries have many rules determining which visa is needed, so individuals often don’t know which one to apply to for. If they apply for the wrong one, they may lose out, or, worse still, face fines and imprisonment.
What are the current recruitment challenges for firms like Harvey Law Group when looking for legal professionals in this area?
HLG requires industry professionals or people who are open-minded, challenge-oriented and can think outside the box.
What separates a great corporate immigration lawyer from an average one?
Understanding the laws, regulations and culture of a given country, as well as an understanding of the nuances of different visas; continuously adapting or renewing their practice to address market trends; and problem-solving rather than using typical linear legal thinking.
Can you outline the path your career took to get to your current role?
From the first day of law school I knew I wanted to have my own firm. After my articling, a firm offered me a job which I refused, and instead I asked to rent an office from them. Though surprised, they agreed. So since day one of practising law, I have been independent. It is not easy financially and pressure-wise, but I still enjoy every minute of it. Because I managed my own firm from the beginning, I learned much more quickly.
How does working in corporate immigration law compare to working in other areas of corporate law, e.g. M&A, tax, etc?
Comparing two areas of practice is not desirable as nothing is absolutely independent. Each area is complementary rather than separate.
Regarding corporate immigration, we deal with entities and individuals in various jurisdictions. We should also keep in mind the impact of M&A on employers and immigration-related tax repercussions.
What steps should trainees or younger lawyers take if they want to work in this area?
Immigration is not a topic that is well covered at law school. Secondly, a valid internship experience should take place in a market/industry offering opportunities. Trainees need to find a qualified mentor or internship supervisor.
Are there any formal qualifications you would recommend that lawyers working with corporate immigration issues acquire?
It’s important to have the required bar registrations and recognitions from certain governments to practise immigration law or to offer services for immigration options.
What is the hardest part of your job? And the most rewarding?
The hardest is dealing with previous applications made either under the wrong category or without thinking of the mid- and long -term effects.
The most rewarding is solving a corporate immigration issue that seemed impossible. Immigration affects the lives of many by offering mobility to applicants, their families, their assets, and their companies.
Is a good work-life balance possible in your line of work?
I block time for the family whatever the workload may be. To learn to delegate is also a key. Managing 16 offices is a daily challenge but you learn there is a time to solve problems and let problems solve themselves.
This article appeared in the Classified Post print edition as Passport control.
