Fragomen Immigration Update: November 25 - December 3, 2015

In United States immigration news this week, the White House announced a plan to increase the security of the Visa Waiver Program to further scrutinize travelers and improve information sharing between countries. Congress is also expected to provide statutory authority for additional security enhancements in the coming weeks.

The Council of the European Union is recommending tougher security measures at external borders in the wake of last month's terrorist attacks in Paris. Belgium moved closer to a combined work and residence permit system after the Belgian Council of Ministers approved the first working document on the single permit implementation.

Employers in the United Kingdom of Tier 2, Tier 4 and Tier 5 migrants are now required to retain documents establishing sponsored workers' skills, qualifications and experience for their roles, under recent Home Office amendments to the Immigration Rules.

A new law in Australia will make it illegal to ask for, receive, offer or provide payment or other benefits in return for immigration sponsorship-related activities. The new law, which will impose a penalty system, will likely come into effect by May 30, 2016.  

Starting January 1, 2016, employers in Russia will not be able to employ Turkish nationals, and Turkish nationals will no longer be visa exempt for tourism or business purposes, except diplomats and those with residence permits.

In Brazil, new rules for investor visas raise the minimum investment amount, while also creating an exception that allows lower investment amounts for activities that involve innovation, technology and scientific or technological research. 

These items and other news from Austria, Belgium, Canada, Colombia, Czech Republic, Italy, New Zealand, South Africa and Vietnam follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, December 2, 2015

White House Enhances Security of the Visa Waiver Program

Prompted by the November 13 terrorist attacks in Paris, the Obama Administration is taking immediate action  to increase the security of the Visa Waiver Program, which facilitates the travel of 20 million tourist and business visitors each year. The additional security measures are intended to further scrutinize travelers and improve information sharing between countries. Congress is also expected to provide statutory authority for additional security enhancements in the coming weeks.

To view entire article, click here.

 

Brazil, December 3, 2015

Higher Minimum Investment for Investor Visas

New rules for investor visas raise the minimum investment amount to BRL 500,000 and create an exception that allows lower investment amounts for activities that involve innovation, technology and scientific or technological research. 

To view entire article, click here.

 

Australia, December 2, 2015

New Law Implements Penalty System for Payment for Visas

A new criminal and civil penalty regime has been introduced that makes it illegal for a sponsor to be paid by visa applicants for certain immigration-related benefits. The legislation is likely to come into effect by May 30, 2016.

To view entire article, click here.

 

European Union, December 1, 2015

EU Council Agrees to Tougher Border Security Measures

All travelers entering the European Union, including EU citizens, would have their travel documents checked against criminal and national security databases under the measures recommended by the Council of the European Union.

To view entire article, click here.

 

Belgium, December 1, 2015

Belgium Moves Closer to Single Permit System

Although Belgium has been referred to the Court of Justice by the European Commission for not complying with an EU directive to adopt a combined work and residence permit system by December 2013, the Belgian Council of Ministers has approved the first working document on the single permit implementation.

To view entire article, click here.

 

Czech Republic, December 1, 2015

Qualified Ukrainian Nationals Eligible for Priority Work Permit Application Processing in Ukraine

Highly-qualified Ukrainian nationals are eligible for a program that will allow them to submit Employment Card and EU Blue Card applications at the Czech consulate in Ukraine with a priority appointment date. This program may be extended to other countries where Employment Card and Blue Card applicants are subject to the online appointment system.

To view entire article, click here.

 

South Africa, December 1, 2015

Visa Processing Centers Partially Closed December 21 – January 3

Department of Home Affairs VFS processing centers will be partially closed from December 21, 2015 until January 3, 2016. During this period, foreign nationals will not be able to schedule visa appointments online, however, the centers will be open for the collection of approved visas.

To view entire article, click here.

 

Russia, November 30, 2015

Restrictions on Turkish Workers and Visitors Forthcoming

Starting January 1, 2016, employers in Russia will not be able to employ Turkish nationals, and Turkish nationals will no longer be visa exempt for tourism or business purposes, except diplomats and those with residence permits.

To view entire article, click here.

 

Austria, November 30, 2015

Increased Audits by Immigration Authorities

The Austrian authorities are increasingly conducting audits to check that employers with foreign workers are compliant with various tax payments such as income, corporate, social security and goods and services tax, if applicable.  Employers should have all required paper and electronic documents accessible on site, as authorities can require the documents to be provided immediately at the audit.

To view entire article, click here.

 

Canada, November 29, 2015

Twenty-First Express Entry Selections Show Ongoing Flexibility

Citizenship and Immigration Canada (CIC) conducted the twenty-first Express Entry draw over the weekend, and 1,559 candidates were invited to apply for permanent residence. The selection process continues to indicate flexibility since CIC selected candidates who did not have a valid Labour Market Impact Assessment/Labour Market Opinion or a Provincial Nomination certificate at the time their profile was set up.

To view entire article, click here.

 

United Kingdom, November 26, 2015

Employers Now Required to Retain Documents Covering Sponsored Workers’ Skills, Qualifications and Experience

Sponsors of Tier 2, Tier 4 and Tier 5 migrants are now required to retain on file documents showing each of these workers' skills, qualifications and experience for their roles. The documents should be available for examination upon request from the Home Office.

To view entire article, click here.

 

New Zealand, November 26, 2015

Visa Application Fees to Increase and Immigration Tax to be Introduced December 7

Many visa fees are set to increase December 7, 2015, and there will be a reduced fee for applicants who use Immigration ONLINE. Additionally, a new upfront immigration tax for temporary, limited and resident visas will replace the current tax for approved residence applications.

To view entire article, click here.

 

Italy, November 25, 2015

New Residence Permit Format with Digital Microchip Now Available

The new residence permit format contains a microchip that stores the holder's biometric data. New application procedures are expected for minor children as part of the new format's introduction.

To view entire article, click here.

 

 

Other Immigration News This Week

Belgium: Minimum Salary Figures Confirmed – The minimum salary for Brussels, Flanders and Wallonia have now been confirmed. Effective January 1, 2016, the minimum base salary for highly-skilled foreign workers applying for Type “B” work permits will increase to EUR 39,824 annually, from EUR 39,802; the minimum base salary for senior management and foreign nationals in executive-level positions will increase to EUR 66,442 from EUR 66,405; and the minimum salary for European Blue Card holders will  increase to EUR 51,494 from EUR 51,466.

Colombia: Accountants Subject to Lengthy Degree Validation Process – Foreign nationals with accounting degrees seeking to work in Colombia must validate their degrees with the Colombian Ministry of Education through a new process that could take several months. The Colombian Board of Accountants (Junta Central de Contadores) no longer issues temporary professional permits or Opinions of No Necessity, which means that all foreign accountants must also complete commercial, tax and labor law courses at a Colombian university and obtain a Resident Visa and a permanent professional license. The professional license, which can only be obtained once the degree has been validated and the foreign national holds resident status, may be requested as part of an audit.

Vietnam: New Government Fees for Immigration Applications – Government fees for visas and temporary residence cards, as well as the fee to transfer visas and cards from expired passports to new passports, have been revised according to a circular released by the Ministry of Finance. Lower fees apply to single-entry visas (USD 25), one-month multiple-entry visas (USD 50) and three-month multiple-entry visas (USD 50). The cost to transfer visas/cards from expired passports to new passports has decreased to USD 5. Fees for temporary residence card applications have increased as follows: cards valid up to one year - USD 145, cards valid between one year and two years - USD 145, and cards valid for more than two years up to three years - USD 155. These fees are exclusive of the tax applicable to renewed visa and temporary residence cards.
 

Global Immigration News Links

The U.S. Supreme Court rejected Texas’s request for a 30-day extension to file its opening brief on President Obama’s executive action providing relief to undocumented immigrants, in a move that leaves open the possibility the high court will rule on the plan next year, BloombergPolitics reports.

FWD.us is renewing its efforts to spotlight immigration reform for the 2016 election, according to Politico.

The Guardian reports on the UK cabinet’s disagreement over including overseas students in the net migration figure.

Recent curbs on immigration in Switzerland pose bigger challenges ahead, Reuters reports.

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.

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