Global Immigration Update – September

September 6, 2017 All, Global
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Global Immigration Update – September

Switzerland – EU/EFTA L or B quotas exhausted for Third Quarter 2017 As previously communicated in November last year, the Swiss authorities have decided to maintain a reduced amount of…

Switzerland – EU/EFTA L or B quotas exhausted for Third Quarter 2017

As previously communicated in November last year, the Swiss authorities have decided to maintain a reduced amount of permits quota for EU/EFTA nationals for 2017. Therefore, the quotas for EU/EFTA nationals for the third quarter have been exhausted.

The exhaustion of quotas is affecting any incoming EU/EFTA nationals assigned to Switzerland who remain on their foreign employer’s contracts. Please note that 120-Day Work Permit as well as 4-Month Short Term Work Permits are not affected by this.

How each Canton in Switzerland is dealing with this situation varies, so please feel free to contact us for further details on each Canton.

New permit quotas will be available only from 1st of October 2017 onwards.

 

Germany – Implementation of the European ICT Directive

As announced in our July Newsletter, with effect 1st August 2017, Germany introduced the ICT Directive for third-country nationals from a home country outside of the European Union (EU) and third-country nationals who already hold an ICT residence permit in another European Union (EU) Member State and are transferred to Germany for short or long-term transfer within the same group of companies.

1. Requirements for Third Country Nationals currently residing outside of the EU (Only for over ninety (90) days assignment within a period of up to three (3) years):

  1. The foreign employee must be a CEO/CFO/comparable manager with a leading position, specialist or trainee.
  2. Must have been with the company for at least six (6) months.
  3. Transferred from the same company group.
  4. Be pre-authorised by the Federal Employment Agency.
  5. Remain under an assignment / employment contract with their home employer and must return to their home entity after completing the assignment. All their remuneration and working conditions must be the same provided to local employees.

2. Requirements for Third Country Nationals currently residing within the EU (only for assignment of up to ninety (90) days within a given period of 180 days) are as follows:

  1. The foreign employee must be a CEO/CFO/comparable manager with a leading position, specialist or trainee.
  2. Must have been with the company for at least six (6) months.
  3. Must be transferring from the same company/group.
  4. Must have and remain with a valid residence permit issued by another EU Member State pursuant to an ICT European Directive.
  5. Receive a confirmation from the Federal Office for Migration and Refugees on the right to enter and establish residence for the purpose of intra-company transfer.

Ireland – New Name for the Department of Employment

The government department in charge of Employment permits in Ireland, known as The Department of Jobs Enterprise and Innovation (DJEI) has now changed its name to the Department of Business Enterprise & Innovation (DBEI).

 

United States –Deferred Action for Childhood Arrivals program Update

US Attorney General Jeff Sessions announced on September 5, 2017 that the Deferred Action for Childhood Arrivals program, otherwise known as “DACA” will end. The Trump Administration decided to end DACA pending several states’ threat of lawsuit to eliminate the program.

DACA was created to protect minor children illegally brought to the United States by their parents. It granted work permits and exemption from deportation for those who enrolled, typically for a two year period, with the ability to apply for renewal. To qualify for DACA, an enrolee had to be brought to the United States before the age of 16, meet certain residency requirements, have no lawful status, have no significant criminal history, and meet certain education or employment requirements. Nearly 800,000 people took the opportunity to enrol.

DACA will not end immediately, but rather be wound down over the next six months, giving Congress time to legislate a replacement.

Over the next six months, the Department of Homeland security will implement the program as follows:

  • Current enrolees will keep their deportation protection and work permits until the permit expires.
  • New applicants will no longer be accepted but any application accepted by September 5, 2017 will be reviewed.
  • Any current enrolee whose permit expires between September 5, 2017 and March 5, 2018 will be allowed to apply for a renewal, if said renewal application is received by October 5, 2017.

Any current enrolee who falls outside this window will not be able to apply for renewal and the program will end as the current permits expire.

 

Canada – Labour Market Impact Assessment recruitment requirements have been expanded.

Since August 28, 2017, new changes have started to be implemented on the recruitment requirements for Canadian employers who wish to hire temporary foreign workers through the Labour Market Impact Assessment (LMIA). These include

  1. The requirement to advertise on the Government of Canada’s Job Bank (a service that allows employers and job seekers to be matched based on their respective needs and profiles) has been extended to all employers in all provinces and territories of Canada.
  2. All employers in Canada must now conduct at least two additional methods of recruitment in addition to the Job Bank requirement;
  3. All employers in Canada must use the Job Match service prior to filing an LMIA application.

The new rules require that all employers seeking to fill a high-wage position must invite candidates with scores of four stars or more to apply for the position. On the other hand, those employers seeking to fill a low-wage position must invite candidates with scores of two stars or more. Invitations to candidates must be completed within the first month (30 days) of the job advertisement on Job Bank.

Employers and/or occupations in the IT/tech sector and others, and currently qualified to use the Global Talent Stream, are exempt from the mandatory LMIA advertising requirements.

 

Panama – Entry Visa required for Venezuelan Nationals

With effect from 1st October 2017, all Venezuelan Nationals are required to obtain an Entry Visa before the Consulate of Panama before travelling.

 

Colombia – New Visa Categories

On August 2, 2017, the Colombian government published Resolution 6045, establishing new provisions for visas. The new visa categories and requirements are scheduled to take effect on November 1, 2017.

The new subcategories re-group the current visas into the following three (3) main categories:

– Visitor type or V type visa

– Migrant or M type visa

– Resident or type R visa

Resolution 6045 includes the following definitions:

  • Work Permit that will be attached to the visas of those foreigners who are traveling to work or provide services in Colombia and
  • Transversal Permit that will be attached to all visitors’ visas authorising its’ holder to perform business activities, studying, marketing, investing or visit Colombia for tourism purposes.

 

Ivory Coast – New Residence Cards for Non-ECOWAS Nationals

All non-ECOWAS foreign nationals entering the Ivory Coast for a stay of more than 90 days, will need to obtain a Residence Card.

Please note that the new Residence Card implemented for the Ivory Coast is required for prospective foreign nationals as well as for all foreign employees already in the Ivory Coast. Foreign employees in the Ivory Coast already in possession of the old Temporary Residence Cards are now required to have these cards replaced with the new Residence Cards before 31 December 2017.

 

Japan – New One-Year and Three Years Permanent Residence for Highly Qualified Foreign Residents holding a Work Visa for Japan.

Applicants who score over 80 points in the Immigration Bureau of Japan’s points system based on the applicant’s Highly Skilled Qualifications are now eligible for Permanent Residence after one year of stay under a Temporary Residence. For those with a score over 70 points eligibility to apply for a Permanent Residence has been reduced to three years of stay in Japan with a Temporary Residence.

 

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If you would like further information on any part of this newsletter, please contact your dedicated Immigration Consultant via email on comms@fergusonsnell.co.uk or call us on +44 (0) 20 3668 2700.