Fragomen Immigration Update: July 15 - 21, 2016

In immigration news this week, foreign nationals in the United Kingdom working without the proper authorization and their employers are now subject to new criminal penalties.

In the Netherlands, a law that is likely to be passed would restrict the criteria for Dutch citizenship. Additionally, the elimination of the work permit exemption for Japanese nationals has been extended until January 1, 2017.

Luxembourg increased the minimum salary for high-skilled foreign nationals and certain shortage occupations.

These items and other news from Hong Kong, Ireland, Italy, Poland, South Africa, Spain, and Turkey follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

Netherlands, July 20, 2016
Elimination Date of Work Permit Exemption for Japanese Nationals Extended

The elimination of the work permit exemption for Japanese nationals has been extended until January 1, 2017, instead of October 1, 2016.

To view entire article, click here.

 

Netherlands, July 18, 2016
Dutch Citizenship Eligibility Criteria to be Restricted

A law that is likely to be passed would increase the minimum residence period for foreign nationals seeking citizenship to seven years and would require those applying for citizenship based on a relationship with a Dutch national to have resided with the Dutch national in the Netherlands for at least three years.

To view entire article, click here.

 

Turkey, July 18, 2016
Important Information on Turkey

Despite the recent political conflict in Turkey, government immigration processing continues at this time, however general adjudication delays are expected. Employers with employees in Turkey should plan for the security of their workforce.  Also, travel to and from Turkey has been affected.

To view entire article, click here.

 

Ireland, July 18, 2016
Applicants Can Expect Delays Through August

Atypical Working Scheme and employment permit applications, including those submitted by Trusted Partners, are subject to potential processing delays.

To view entire article, click here.

 

United Kingdom, July 15, 2016
New Criminal Penalties for Foreign Nationals Working Illegally and Their Employers

In an effort to further prevent illegal work in the United Kingdom, foreign nationals found to be undertaking employment in the United Kingdom after disqualification from employment for immigration-related reasons are subject to a criminal offence.  Employers are also subject to new penalties if they know or have reasonable cause to believe that a foreign worker has no right to work in the United Kingdom.

To view entire article, click here.

 

Luxembourg, July 15, 2016
Minimum Salary Increased for Several Work Permit Categories

Highly-skilled foreign workers must now earn at least EUR 73,296 per year to qualify for Luxembourg's Blue Card program. For certain shortage occupations - mostly in the information, communications and technology sectors - a lower minimum annual salary of EUR 58,636.80 applies. The minimum salary for other local hires and temporary intracompany transferees remains EUR 2,307.56 per month.

To view entire article, click here.

 

Other Immigration News This Week

Hong Kong: Employers Must Submit Declaration Form Regarding Local Recruitment Efforts - As a further response to the Audit Commission’s suggestions to improve its processes, the Hong Kong Immigration Department (HKID) is now requiring employers to submit a declaration that they have made genuine efforts to recruit locally before employing a foreign national. This requirement applies immediately to all new and pending initial employment, change of employment and Immigration Arrangement for Non-local Graduates (IANG) renewal applications. The new declaration form, called an Employing Company's Declaration, must be submitted with the Immigration Sponsorship Form and must be signed and stamped by an authorized person in the sponsoring company. Previously, evidence of local recruitment efforts were usually required for lower level positions or positions which could easily be filled by local Hong Kong residents. Please contact your Fragomen professional for specific advice.

Italy: New Document List Released for Highly-Skilled Work Permits - The Ministry of Interior and the Ministry of Labour have clarified the list of documents required for work permit applications filed on behalf of highly-skilled workers (either on temporary assignment or locally hired under an EU Blue Card). The new list is meant to streamline the application process and limit the discretionary power of local immigration offices.  Local authorities might not apply the new regulations immediately and might also still apply discretionary interpretation. Therefore, Fragomen will continue to check with local offices prior to submitting applications.

Poland: Residence Permit Issuance Delays; New Documentary Requirements at Gdansk Office - Residence permits issued by the immigration office in Gdansk are taking seven months or longer to issue, instead of the usual three months. 

Additionally, spouses and children applying for a residence permit based on family reunification must submit a marriage certificate or birth certificate, respectively, that has been registered at the Polish Civil Registry Office. Unregistered certificates will not be accepted for family reunification applications.

South Africa: E-Visa System Plans Announced - An e-visa system will be piloted in several South African consular posts at the end of this year, and if the pilot is successful, the system will go online in one to two years, according to an announcement by the Deputy Director General of the Department of Home Affairs.  Applications submitted via the e-visa system will then be centrally adjudicated at the Department of Home Affairs' Head Office in South Africa instead of through foreign consular posts, which is expected to reduce processing times and increase processing consistency.

Spain: EU ICT Residence Permit Duration/Renewal Period Updated - The EU intracompany transferee residence permit for managers and specialists offers a three-year validity period by law. Immigration authorities have confirmed that the initial period of issuance will be two years, after which a one-year renewal period is allowed. This new validity period will apply even when supporting documentation is issued for a validity period of more than two years. This change occurred because officials were not able to grant permits for a three-year period on the electronic issuing system.

 

Global Immigration News Links

The Obama administration has asked the Supreme Court to reconsider its decision to hold President Obama’s immigration executive actions once a full nine-member court can hear the case, the New York Times reports.

China is planning its first immigration office to attract overseas talent, according to Bloomberg.

The United Kingdom may seek to curb immigration from the EU even before it formally leaves the block, the Wall Street Journal reports.

Switzerland will get the chance to hold a second referendum on European Union immigration, in an effort to reverse the measure that implements immigration quotas.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.