Weekly Immigration Update: July 6 - 12, 2018

In United States immigration news this week, nonimmigrants whose applications for immigration benefits are denied after their underlying status has expired are subject to the initiation of removal proceedings, according to a new USCIS policy directive.

In the European Union, unmarried partners may qualify for EU residence rights following a ruling by the Court of Justice of the EU.

The United Kingdom has published a White Paper outlining the future relationship with the European Union and setting out an overview of their vision for future mobility arrangements.

Hong Kong's Immigration Department has set up an interim arrangement that would grant dependent rights to same-sex spouses while it reviews how it will implement the Court of Final Appeal's ruling on this issue.

Foreign nationals in Ecuador can now only obtain health insurance from a government-approved company before applying for a local identification card.

These items and other news from Azerbaijan, Hungary, Kazakhstan, Peru, Philippines, Serbia, Sweden, Venezuela and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, July 11, 2018
USCIS Broadens Immigration Enforcement Policy

• Nonimmigrants whose applications for immigration benefits are denied after their underlying status has expired are subject to the initiation of removal proceedings, according to a new USCIS policy directive.
• The new policy also increases the risk that any criminal act, arrest or conviction could subject a foreign national to removal proceedings, even if the conduct was not the basis for denial of an immigration benefit.

To view entire article, click here.

 

United Kingdom/European Union, July 12, 2018
UK Government Publishes White Paper Outlining its Proposed Future Relationship with the European Union

On July 12, 2018, the Government published a White Paper outlining the future relationship with the European Union and setting out an overview of their vision for future mobility arrangements.

To view entire article, click here.

 

European Union, July 12, 2018
Unmarried Partners May Qualify for EU Residence Rights

According to a ruling by the Court of Justice of the European Union (CJEU), EU nationals moving to another EU country can now sponsor their unmarried partner as a dependent in any EU country. The CJEU ruled that when an EU national moves to a second EU country with an unmarried partner and applies for residence rights there, the second EU country must recognize the partnership as a potential ground for dependent status and must consider the facts of the case, even where a simple partnership would not normally qualify the partner for dependent status under national law.

To view entire article, click here.

 

Peru, July 11, 2018
Ministry of Labor Confirms Details of Special Permits for Venezuelans

The Peruvian Ministry of Labor confirmed that Venezuelan nationals currently under or applying for Temporary Residence Permits (known as PTPs) and Extraordinary Work Permit Certificates do not need the Ministry of Labor to approve their work contracts or confirm other details regarding these permits. Due to this change in process, Venezuelan nationals under PTPs and Extraordinary Work Permit Certificates can start work more quickly. Additionally, foreign nationals awaiting their work contract approvals for regular work permit types may see decreased processing times.

To view entire article, click here.

 

Hong Kong, July 11, 2018
Temporary Arrangement in Place for Same-Sex Dependent Visa Applicants

The Immigration Department has put in place an interim arrangement that would grant dependent rights to same-sex spouses in Hong Kong while it reviews immigration policy seeking to implement the Court of Final Appeal's ruling on this issue. Eligible applicants may now be granted resident status, the right to start or join a business as well the right to work or study, without the need to obtain a separate visa.

To view entire article, click here.

 

United Kingdom / European Union, July 9, 2018
Prime Minister Reveals UK/EU Relationship Plan Post Brexit

On July 6, 2018, the UK government issued a statement on the United Kingdom's future relationship with the European Union. The statement results from Cabinet discussions and sets out initial projections for a new mobility framework after Brexit.

To view entire article, click here.

 

Ecuador, July 10, 2018
List of Accepted Health Insurance Companies Published

Foreign nationals in Ecuador can now only obtain health insurance from an approved company on a list recently published by the Ecuadorian government before they apply for a local identification card. Previously, they could obtain health insurance from any insurer to qualify for the identification card.

To view entire article, click here.

 

Peru, July 6, 2018
Delays in Issuance of Identification Cards Causing Payroll Issues

There is currently at least a three- to four-week delay in the issuance of new local identification cards for resident visa holders and their dependents in Peru. Affected foreign nationals will not be able to be registered on their employer's payroll during this period, and some foreign nationals' travel outside Peru may be affected.

To view entire article, click here.

 

Venezuela, July 6, 2018
Delays in Pending and New In-Country Immigration Processes Ahead

Pending and new immigration residence visa and work permit applications filed in Venezuela will be delayed by at least one month following the appointment of a new Director of the national immigration department, SAIME. Business and visitor visas, which are filed in Venezuelan consulates abroad, are not affected.

To view entire article, click here.

 

Weekly News Briefs

United States: Limited U.S. Visa Sanctions on Burma and Laos – The Department of Homeland Security (DHS), in coordination with the State Department, announced visa sanctions on Burma and Laos for lack of cooperation in accepting their citizens who have been ordered removed from the United States. The suspensions will remain in place until DHS Secretary Nielsen notifies Secretary of State Mike Pompeo that the country in question has started accepting these individuals again.

As of July 9, 2018, the U.S. embassies in Burma and Laos have discontinued issuing nonimmigrant visas in certain categories. The suspensions are as follows:

• The U.S. Embassy in Rangoon, Burma has discontinued the issuance of all B1 and B2 nonimmigrant visas for current officials at the Director General level and above from the Burmese Ministries of Labor, Immigration, and Population (MOLIP) and Home Affairs (MOHA), and their immediate family members, with limited exceptions.
• The U.S. Embassy in Vientiane, Laos has discontinued the issuance of all B1, B2, and B1/B2 nonimmigrant visas for current officials at the Director General level and above from the Lao Ministry of Public Security (MPS) as well as their immediate families; and all A3 and G5 nonimmigrant visas to individuals employed by Lao government officials, with limited exceptions.

Applicants subject to the visa suspension may choose to apply for the suspended visa, at which time the particular embassy will interview the applicant. Note, however, that the embassy will not be able to issue a visa until the suspension is lifted. Application fees will not be refunded.

Azerbaijan: Work/Employment Visa Now Available as E-Visa – Applications for work/employment visas in Azerbaijan can now be filed via the ASAN visa system, a reversal of previous policy. Similar to other e-visa types, the work/employment e-visa is issued for a validity period of 90 days and offers an allowable duration of stay up to 30 days. The eligibility pool to apply via the ASAN visa system now includes residents of Garadagh Industrial Park, specialists conducting shipbuilding activities, directors and deputy directors of branches or representations of foreign legal entities, directors and deputy directors of legal entities with a foreign founder, and foreign nationals who have obtained work permit to carry out paid labour activity in Azerbaijan.

Hungary: Social Security Reporting Rule Changes in Budapest – Due to a change in local policy, foreign employees in Budapest, who must obtain a social security number and report it on a Start of Work Report Form to the Immigration and Asylum Office prior to starting work, must now wait eight days for their social security number to be issued by the social security administration. Previously, foreign workers in Budapest could obtain their social security number immediately upon submission of the application by the local employer. To avoid the eight-day delay, the applicant (or the representative applying on their behalf) can enter zeros in place of their social security number on the Start of Work Report Form, to start work immediately upon submission. The Start of Work Report Form will be retroactively corrected when the social security number becomes available.

Kazakhstan: Visa Processing Delay in Almaty – The Almaty Migration Police and National Security Committee is currently performing additional background checks during the visa reference number application process for companies employing residents and citizens of Moldova, Turkey and Ukraine due to increased migration from these countries. Affected visa reference number applications will be processed in 30 calendar days rather than the standard seven business days. Additionally, affected employers should anticipate requests for additional information and documents.

Philippines: Philippine Economic Zone Authority Opens New Satellite Office – The Philippine Economic Zone Authority (PEZA) has announced the opening of a new satellite office located at Alabang, Muntinlupa City. PEZA-registered sponsoring entities with an office address located within the following cities may now file their foreign employees’ 47(a)(2) Special Non-Immigrant Visa applications at the new satellite office:

• Muntinlupa City
• Las Piñas City
• Portions of Paranaque City (SM BF Homes and SBC I.T. Center, located along Sucat Road)

Additional satellite offices are expected to open within Metro Manila in the near future. Employers, however, should note that Special Work Permit applications are still required to be filed with PEZA’s main office.

Serbia/Azerbaijan: Visa Exemption Enacted in Serbia – Effective June 2, Azerbaijani nationals no longer require a visa for tourist or business trips to Serbia for up to 90 days in a 180-day period. Upon arrival to Serbia, all foreign nationals must register at the local police. If staying at a hotel, the hotel must register the foreign national within 12 hours of arrival. Those staying in private accommodation must register at the local police within 24 hours of arrival and must immediately inform the police of a change of address.

Sweden: Processing Delayed in July and August, Incomplete Applications Removed from Fast Track – Fragomen expects processing times at the Swedish Migration Agency to be delayed in July and August as a result of officials going on annual leave. Cases remain pending until the responsible official returns from leave. Additionally, as a result of a previous policy change, applications where officials require additional information and/or documents will be removed from Fast Track processing. This may add an additional 11-13 weeks to the average processing times of four to six weeks.

Sweden: Local Bank Account Delayed for Non-Residents – As a result of a new practice in the bank sector, foreign nationals without a Swedish personal number and identification card must now schedule an appointment to open a local bank account. Since appointment slots are very limited, this causes an average delay of eight weeks. Foreign nationals with a Swedish personal number and identification card can walk in to open a local bank account, as before. The delay will particularly affect foreign workers staying in Sweden for less than a year, whom the Swedish government restricts from obtaining a Swedish personal number and identification card.

 

Global Immigration News Links

• A U.S. federal judge rejected the Trump administration’s request to allow long-term detention of undocumented immigrant children, while another federal judge told the government it must move faster to reunite children taken from their parents at the southwest border.
• Germany’s Interior Minister Horst Seehofer has unveiled measures aimed at limiting immigration, the Wall Street Journal reports.

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