Fragomen Immigration Update: August 14 - 20, 2015
August 21, 2015
In United States immigration news this week, U.S. Citizenship and Immigration Services issued its long-awaited final policy guidance on eligibility for the L-1B specialized knowledge visa category. The final guidance incorporates feedback from the business immigration community, but continues to give agency adjudicators broad discretion to request further evidence and readjudicate a prior approval at the time of an extension.
Starting September 1, a new law in the United Kingdom will require Tier 1 investors, entrepreneurs and certain dependents submitting visa applications to provide an overseas criminal clearance certificate from any country in which they have lived continuously for at least twelve months over the past ten years.
In Germany, non-EEA business visitors will be able to stay in the country up to 90 days cumulatively within a 180-day period for certain purposes, up from 90 days in a twelve-month period.
India expanded its e-Tourist Visa (eTV) program to applicants from 36 additional countries and seven new ports of entry. The program is expected to be expanded to a total of 150 countries by March 2016.
Spain introduced a new EU intracompany transferee visa and extended the deadline to apply for an investor’s visa following a financial investment, among other positive reforms.
These items and other news from Canada, India, Singapore and United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Starting September 1, a new law in the United Kingdom will require Tier 1 investors, entrepreneurs and certain dependents submitting visa applications to provide an overseas criminal clearance certificate from any country in which they have lived continuously for at least twelve months over the past ten years.
In Germany, non-EEA business visitors will be able to stay in the country up to 90 days cumulatively within a 180-day period for certain purposes, up from 90 days in a twelve-month period.
India expanded its e-Tourist Visa (eTV) program to applicants from 36 additional countries and seven new ports of entry. The program is expected to be expanded to a total of 150 countries by March 2016.
Spain introduced a new EU intracompany transferee visa and extended the deadline to apply for an investor’s visa following a financial investment, among other positive reforms.
These items and other news from Canada, India, Singapore and United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, August 19, 2015
USCIS Issues Final Guidance on L-1B Specialized Knowledge
The highly anticipated final memorandum incorporates feedback from the business immigration community, but continues to give adjudicators latitude to request types of evidence that may not be reflective of a beneficiary’s specialized knowledge and the authority to readjudicate a prior approval at the time of an extension under certain circumstances.
United Kingdom, August 20, 2015
Foreign Investors and Entrepreneurs Must Provide Criminal Clearance Certificates Starting September 1
A new law will require Tier 1 investors, entrepreneurs and their dependents over the age of 18 submitting visa applications on or after September 1, 2015 to provide an overseas criminal clearance certificate from any country in which they have lived continuously for at least twelve months over the past ten years. This new requirement can prolong the visa application process because criminal clearance certificates can take months to obtain in some countries. Failure to provide the certificate, or a reasonable explanation for its absence, can lead to refusal of the application. This requirement will be introduced in phases and is expected to eventually apply to applicants of other visa categories and their dependents.
Spain, August 19, 2015
New Intracompany Transferee Visa and Improvements to Investor Category Among Policy Changes
Investors, highly-skilled workers and foreign nationals with dependents should benefit from policy changes introduced to improve investment and attract foreign talent to Spain. A new EU intracompany transferee visa allows the holder to enter, reside and work in any EU country, enter Spain under the same visa, and then travel to another EU country. Additionally, the deadline to apply for an investor’s visa following a financial investment has been extended and eligible children over the age of 18 can qualify as dependents, among other improvements.
India, August 18, 2015
e-Tourist Visa Expanded to 36 Additional Countries and Seven New Ports of Entry
India has expanded its e-Tourist Visa (eTV) program to applicants from 36 additional countries and seven new ports of entry. Eligible visitors under the eTV include business visitors and those traveling to sightsee, visit friends or relatives or to make short medical visits. The program is expected to be expanded to a total of 150 countries by the end of March 2016.
Germany, August 17, 2015
Some Business Visitors Eligible for Longer Stays
As of August 1, 2015, non-EEA national business visitors conducting certain business activities will be able to stay in Germany up to 90 days cumulatively within a 180-day period instead of 90 days in a twelve-month period. This change is in line with the rule for business stays in Schengen countries.
The highly anticipated final memorandum incorporates feedback from the business immigration community, but continues to give adjudicators latitude to request types of evidence that may not be reflective of a beneficiary’s specialized knowledge and the authority to readjudicate a prior approval at the time of an extension under certain circumstances.
United Kingdom, August 20, 2015
Foreign Investors and Entrepreneurs Must Provide Criminal Clearance Certificates Starting September 1
A new law will require Tier 1 investors, entrepreneurs and their dependents over the age of 18 submitting visa applications on or after September 1, 2015 to provide an overseas criminal clearance certificate from any country in which they have lived continuously for at least twelve months over the past ten years. This new requirement can prolong the visa application process because criminal clearance certificates can take months to obtain in some countries. Failure to provide the certificate, or a reasonable explanation for its absence, can lead to refusal of the application. This requirement will be introduced in phases and is expected to eventually apply to applicants of other visa categories and their dependents.
Spain, August 19, 2015
New Intracompany Transferee Visa and Improvements to Investor Category Among Policy Changes
Investors, highly-skilled workers and foreign nationals with dependents should benefit from policy changes introduced to improve investment and attract foreign talent to Spain. A new EU intracompany transferee visa allows the holder to enter, reside and work in any EU country, enter Spain under the same visa, and then travel to another EU country. Additionally, the deadline to apply for an investor’s visa following a financial investment has been extended and eligible children over the age of 18 can qualify as dependents, among other improvements.
India, August 18, 2015
e-Tourist Visa Expanded to 36 Additional Countries and Seven New Ports of Entry
India has expanded its e-Tourist Visa (eTV) program to applicants from 36 additional countries and seven new ports of entry. Eligible visitors under the eTV include business visitors and those traveling to sightsee, visit friends or relatives or to make short medical visits. The program is expected to be expanded to a total of 150 countries by the end of March 2016.
Germany, August 17, 2015
Some Business Visitors Eligible for Longer Stays
As of August 1, 2015, non-EEA national business visitors conducting certain business activities will be able to stay in Germany up to 90 days cumulatively within a 180-day period instead of 90 days in a twelve-month period. This change is in line with the rule for business stays in Schengen countries.
Other Immigration News This Week
Canada/India: Reciprocal Social Security Agreement Implemented – Indian and Canadian foreign workers are now exempt from social security contributions in the host country for up to five years, based on a new Social Security Agreement between the two countries. To become eligible, the foreign worker must obtain a Certificate of Coverage from the relevant social security agency. Time spent working in the host country will be recognized for the purpose of social security eligibility by the employee’s home country. Benefits acquired under the legislation of one country would be transferred to the other country. Eligible foreign workers can find more information about applying for Canadian benefits here and about applying for Indian benefits here.
Singapore: New Salary Publication Rules Clarified – As previously reported, starting October 1, 2015, new Employment Pass (EP) applications will be rejected if the required recruitment does not include a published salary range. The Ministry of Manpower (MOM) has clarified that if an application is rejected, the employer will have to re-advertise the position with a published salary range for at least 14 calendar days before submitting another EP application for the job. The MOM has also clarified that the maximum salary should typically not be more than 1.5 - 2 times the minimum salary for that position. Companies with less than 25 employees continue to be exempt from the advertising requirement.
Additionally, employers who indicate the salary information in the job advertisement posted via the Workforce Development Agency (WDA)'s job portal - Jobs Bank – will have the salary information published. Previously, the system provided an option not to publish the salary, and the information was maintained by the authorities for record-keeping purposes. Now, salaries posted after August 7, 2015 will be published on the MOM website, while those posted before that date will remain hidden. Employers can check the WDA website for FAQs on these issues.
United Arab Emirates: Visas-on-Arrival with Longer Validity Periods Available to Schengen Passport Holders – Effective immediately, Schengen passport holders can enter the United Arab Emirates under a visa-on-arrival valid up to 90 days. The prior rule granted Schengen passport holders visas-on-arrival valid up to 30 days, with the possibility of extensions. In practice, Schengen passport holders who exit and re-enter the United Arab Emirates prior to the expiration of their visa-on-arrival have been able to extend their visa-on-arrival for an additional 90 days, however this practice is subject to change. This development comes in line with the agreement by Schengen member countries to allow UAE nationals to enter the Schengen Area for 90 days within 180-day period without a visa.
Canada/India: Reciprocal Social Security Agreement Implemented – Indian and Canadian foreign workers are now exempt from social security contributions in the host country for up to five years, based on a new Social Security Agreement between the two countries. To become eligible, the foreign worker must obtain a Certificate of Coverage from the relevant social security agency. Time spent working in the host country will be recognized for the purpose of social security eligibility by the employee’s home country. Benefits acquired under the legislation of one country would be transferred to the other country. Eligible foreign workers can find more information about applying for Canadian benefits here and about applying for Indian benefits here.
Singapore: New Salary Publication Rules Clarified – As previously reported, starting October 1, 2015, new Employment Pass (EP) applications will be rejected if the required recruitment does not include a published salary range. The Ministry of Manpower (MOM) has clarified that if an application is rejected, the employer will have to re-advertise the position with a published salary range for at least 14 calendar days before submitting another EP application for the job. The MOM has also clarified that the maximum salary should typically not be more than 1.5 - 2 times the minimum salary for that position. Companies with less than 25 employees continue to be exempt from the advertising requirement.
Additionally, employers who indicate the salary information in the job advertisement posted via the Workforce Development Agency (WDA)'s job portal - Jobs Bank – will have the salary information published. Previously, the system provided an option not to publish the salary, and the information was maintained by the authorities for record-keeping purposes. Now, salaries posted after August 7, 2015 will be published on the MOM website, while those posted before that date will remain hidden. Employers can check the WDA website for FAQs on these issues.
United Arab Emirates: Visas-on-Arrival with Longer Validity Periods Available to Schengen Passport Holders – Effective immediately, Schengen passport holders can enter the United Arab Emirates under a visa-on-arrival valid up to 90 days. The prior rule granted Schengen passport holders visas-on-arrival valid up to 30 days, with the possibility of extensions. In practice, Schengen passport holders who exit and re-enter the United Arab Emirates prior to the expiration of their visa-on-arrival have been able to extend their visa-on-arrival for an additional 90 days, however this practice is subject to change. This development comes in line with the agreement by Schengen member countries to allow UAE nationals to enter the Schengen Area for 90 days within 180-day period without a visa.
Global Immigration News Links
The release of Donald Trump's first detailed policy statement has sparked a serious immigration debate, according to The New Yorker.
France and England are preparing an agreement to strengthen security and regulate migration to Britain.
Australian Immigration and Border Protection Minister Peter Dutton welcomed the Migration Amendment Bill 2015 which will give immigration authorities increased power to collect biometric data at international ports.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.
The release of Donald Trump's first detailed policy statement has sparked a serious immigration debate, according to The New Yorker.
France and England are preparing an agreement to strengthen security and regulate migration to Britain.
Australian Immigration and Border Protection Minister Peter Dutton welcomed the Migration Amendment Bill 2015 which will give immigration authorities increased power to collect biometric data at international ports.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.
