Looking Back at 2014 in Business Immigration

The year 2014 has witnessed a number of important changes spread out across the Asia Pacific region. Here are a few highlights.

 

 

The year is marked by the arrival of the Fair Consideration Framework (FCF), which culminates a comprehensive plan started last year to implement amendments to the foreign manpower and immigration regime. With the institution of the FCF, Singapore has reshaped its foreign manpower policy to one that prioritizes the hiring of locals and keenly regulates the engagement of foreigners, with a preference for those bringing higher skills and qualifications. In response to private sector feedback, the government has allowed new exemptions to the FCF’s job advertising requirement for intracompany transferees and assignments of up to one month. However, exemptions remain limited and employers who seek one must be mindful of the conditions attached to each exemption.

 

For the latter part of the year, the Singapore government has been letting the new system run its course. The Minister of Manpower has announced that the government is focused on maintaining the new measures, and that it is not considering additional major changes to tighten and control the number of foreign workers at this time.

 

 

The year has been significant if not especially challenging for Malaysia, as it commenced moving work pass applications for expatriates to a web portal, gradually phasing out manual submissions. The Immigration Department’s Expatriate Services Division (ESD) began implementing the online facility for Employment Passes early in the year, and in the last quarter the mandate to file online was extended to Professional Visit Pass filings. As the ESD continues to work towards a more streamlined and secure online system, it will be important for employers to be prepared for the possibility of further changes. Over time, processing times should decrease and businesses can begin to enjoy the benefits of the new system.

 

Indonesia has also launched an online registration process for sponsoring employers, and has mandated that companies complete the registration process before they can lodge work visa pre-approval (Telex VITAS) applications. The registration process takes at least two weeks and notably, includes a visit by an immigration officer to inspect original corporate documents.

 

 

The Alien Registration Program (ARP) is the latest in a series of measures by the Bureau of Immigration to increase the level of immigration enforcement in the country. A higher number of foreign nationals will need to register in person with the Bureau once the ARP is fully rolled out. The program is currently voluntary, although registration is already mandatory for departing foreign nationals who are required to obtain an Emigration Clearance Certificate. Earlier, the Bureau also required foreign nationals to personally attend immigration annual reporting requirements, and reinstituted the Provisional Work Permit as a bridging option for 9(g) work visa applicants.

 

 

In India, Person of Indian Origin (PIO) cards now have lifetime validity and their holders are exempt from in-country immigration processes such as police reporting and registration. This change should ease the ability of foreign nationals of Indian descent to reside and work in India. The PIO and the Overseas Citizen of India (OCI) programs are India’s closest equivalent to a permanent residence program.

 

In Myanmar, for the first time, a permanent residence program has been proposed and is under legislative deliberation. The proposed program will allow select groups of foreign nationals to work, invest are reside long-term in the country. More information will be provided as details become available.
 

 

Looking ahead, and as the ASEAN Economic Community (AEC) approaches, understanding the ability of skilled labor movements between ASEAN countries will be even more important for employers and investors in the Asia Pacific region. It will be interesting to see how ASEAN governments will respond in anticipation of this new era and the outcomes for the region’s immigration landscape.