Quarterly Newsletter January/February 2016 - PwC Newsletter January/February 2016. ... Denmark have also increased controls at its German border ... Æ India Æ Ireland Æ Israel

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PricewaterhouseCoopers Legal LLP

Global Immigration Quarterly NewsletterJanuary/February 2016

Global Immigration: Quarterly Newsletter

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In this, the first edition of our global newsletter for 2016, we bring you the latest global immigration updates from across our global network from over the last months of 2015.

Immigration continues to remain a particularly hot topic, centred on current trends both here in the UK and in mainland Europe. Much is around the tightening of immigration policies with the possibility of further restrictions and tightening up by governments as they deal with concerns over local workforce. This is particularly in light of the European migrant crisis which dominated the headlines over the summer of 2015.

Our ‘Quarterly Focus’ section looks at the migrant crisis, with specific attention to the effects on the corporate immigration world and how this may impact you and your organisation in being able to quickly mobilise your workforce across Europe. We also provide an overview and summary of the European reaction to the attacks in Paris in November 2015.

Whilst this newsletter provides you with an overview of all updates around the globe, please do see page 21 for a snapshot of the various regional newsletters that are in circulation across our network and the relevant contacts should you wish to sign up to any of these.

We hope, as always, you enjoy reading through the various updates and please do not hesitate to get in contact should you have any queries at all or require further information on any of the matters raised.

Regards,

PwC LegalGlobal Immigration Team

Introduction Contacts

Stephan JudgeSenior Manager+44 (0)20 7212 [email protected]

Frédérique MontaltiSenior Manager+44 (0)20 7212 [email protected]

Katrina CooperDirector+44 (0)20 7804 [email protected]

Julia Onslow-ColePartner and Head of Global Immigration+44 (0)20 7804 [email protected]

Claire PepperSenior Manager+44 (0)20 7212 [email protected]

Stephanie OdumosuManager+44 (0)20 7212 [email protected]

September WeinbergerSenior Manager+44 (0)20 7804 [email protected]


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Quarterly focusThe effect of the migrant crisis on corporate immigration

Belgium

Belgium are in the process of introducing a new law which will reduce the current waiting time between a request for asylum and access to a Belgium work permit. The current processing time is 6 months, however the new legislation will reduce this processing time to 4 months.

Germany

Due to the rising number of asylum seeker applications given the recent refugee crisis, many immigration authorities are reporting a several month-long wait for appointments to apply for a residence permit.

Third country nationals who do not require an entry visa to enter Germany for stays over 90 days must apply for a residence permit before they are able to commence work. As there are significant delays in securing appointments, we recommend that though not required by law, these nationals obtain an entry visa from the German Consulate in their home country.

This entry visa will allow applicants to commence working in Germany from the date of arrival and they can then obtain the residence permit at a later date, within the validity of the visa.

Denmark

From 4 January 2016, Sweden have imposed identity checks on people travelling to Sweden from Denmark and those travelling by train, bus or ferry will now be required to present a valid photo ID, to enter. Those who fail to present the correct documentation will be turned away.

Denmark have also increased controls at its German border to try and restrict the number of refugees entering the area. These controls are expected to be in place for 10 days, though it is possible that the controls will be extended after this period.

Long queues are expected at the borders and so travel should be planned accordingly.

Amidst debates about humanitarian implications and political costs, the flow of desperate migrants which have made their way to Europe from across the Mediterranean represents a major challenge to the EU’s immigration policies. Recent statistics reveal that over 1 million migrants have entered Europe since January 2015, with other half of these being Syrians fleeing an intensifying civil war in their home country.

The United Nations has described this as the greatest refugee crisis in the last quarter of a century and it is the largest movement of people Europe has seen since 1945. This critical situation has divided EU countries on how to share the refugee burden, especially in light of an uneasy economic climate. We will continue to monitor the situation in all other European countries and provide further updates, however please do get in contact should you have any upcoming moves to Europe which may now be affected.

From a relocation perspective, there have also been signs of potential delays in clearing goods or transiting through some locations throughout South East and Central Europe as a result of the increased burden.


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Quarterly focusReaction to the Paris attacks in November 2015

Following an emergency meeting in Brussels on 20 November 2015 between European Union ministers, stricter border security measures have been confirmed, ensuring “systematic controls” on all individuals entering the Schengen area.

Previously, EU nationals were subject to minimal identification procedures when entering the Schengen area. The new security measures will enforce verification of biometric information and systematic document checks against criminal and security databases. These measures apply to both EU and Non-EU citizens entering the Schengen area and biometric data collection and a personal appearance will now be a mandatory part of the visa application process for Germany, Italy, Portugal and Netherlands.

The process will be similar to what is already in place for visas to France, Spain and Switzerland.

Since the Paris attacks, checkpoints have also been implemented on major routes between France and Belgium, where individuals are subject to passport checks. This comes after Germany, Austria, Sweden and Hungary reinstated internal border controls in order to control the influx of migrants this summer.

The European Commission has agreed to reform the Schengen border code in the coming weeks to allow checks at all external borders, for all travellers (including EU nationals). It is anticipated, however, that the reform may take months to finalise. Currently, Police are allowed to make targeted ‘security’ checks on the border and emergency border controls can be imposed for up to 30 days only.

The European Commission have now formally submitted their proposal for draft legislative measures to help manage the European Union’s external borders. The proposed measures include the creation of a European Border and Coast Guard

agency and also the introduction of systematic checks against all travellers entering or exiting the Schengen Area.

The European Border and Coast Guard would establish an agency that will monitor and analyse immigration into the European Union (EU) and it would also establish a border guard’s reserve that can be deployed, if and when required. There would be an introduction of the mandatory systematic checks of EU nationals to ensure that those entering the Schengen Area do not present a threat.

At present, only seven of the 26 Schengen states have re-introduced temporary controls at their internal borders since September 2015. These are Austria, France, Germany, Denmark, Malta, Norway, Slovenia and Sweden. This may be set to change depending on the outcome of discussions between EU officials in the coming weeks and months.


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Countries

Æ Argentina Æ Australia Æ Azerbaijan Æ Belgium Æ Brazil Æ Canada Æ China Æ Colombia Æ Republic of Congo

(Congo-Brazzaville) Æ Czech Republic Æ Finland Æ Germany Æ Greece Æ Hong-Kong Æ India Æ Ireland

Æ Israel Æ Malaysia Æ Mexico Æ Netherlands Æ New Zealand Æ Norway Æ Poland Æ Russia Æ Saudi Arabia Æ Singapore Æ Spain Æ Switzerland Æ Turkey Æ UAE Æ UK Æ USA


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Your country information

Argentina

Where a foreign national is not currently residing in their country of birth, the Immigration Authority is now requiring that a police certificate issued by all countries where the individual has resided over the last three years is submitted with their work visa application.

What does this mean for you as an employer?

For those affected by this, we will need to ensure that assignments are planned well in advance to allow sufficient time to secure this additional documentation.

Australia

The Australian Taxation Office (ATO) has commenced a data matching review, focused on temporary visa subclasses, as a means of checking individual and employer compliance with taxation obligations. The data matching will

primarily cover subclass 457, 400 and 417 working holiday visas, and will check records for visa holders and sponsors from the financial year 2013-14, to the financial year 2016-17. Where an issue of non-compliance with taxation obligations is identified, the ATO will have an obligation to report these findings to the Department of Immigration as ‘adverse information’ which may impact on an employer’s ability to continue accessing the temporary and permanent visa programs.

A recent amendment to the Migration Regulations has introduced an exemption to the six month employment restriction for au pairs and also in other limited circumstances. As a result of these changes, a total 12 month employment period may be approved for au pairs who can demonstrate they have worked for a family with young children for at least six months.

In September 2015, China was added to the list of eligible countries for the Work

and Holiday (462) visa. To be eligible to participate in the program, the applicant must be 18 to 30 years of age and hold a valid passport from the People’s Republic of China. Chinese passport holders will not be eligible for electronic processing and will be required to lodge their applications in person.

Further, also in September 2015, the Australian Department of Immigration will no longer issue visa labels except in limited circumstances. In lieu of this, an individual’s visa status and work rights can be checked online through the Visa Entitlement Verification Online (VEVO) system

The Australian Government has also recently introduced a further measure designed to help protect temporary visa holders from exploitation or unsavoury employment practices. This has included providing clearer information in visa grant notices as well as launching a new ‘Pay and Conditions Tool’ (PACT) which will

allow all Australian workers to check that their pay rates meet industry/occupation standards.


With the tax authorities and immigration authorities now formally in communication, maintaining compliance on both these fronts will be more important than ever. There is also now greater flexibility for foreign au pairs working abroad

Azerbaijan

Following a recent change to the rules, upon arrival to Azerbaijan, all foreign citizens who intend to stay in country for more than 10 days are required to be registered at their place of stay in the State Migration Service (SMS).


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Short-term business travellers to Azerbaijan should be forewarned of this this new limit for registering to avoid any penalties. They now have greater flexibility on the permitted activities that they can carry out under business visitor status provided they are working in the aforementioned industries and their stay is more than 90 days in a 12 month period.

Please do reach out to your usual PwC Legal contact for further details on this if you have any business travellers who may fall into this category.

Belgium

From July 2015, Croatian nationals no longer required a work permit to legally work in Belgium.

Previously, foreign nationals were permitted to stay in Azerbaijan without registering for up to 3 days. Now hotel or apartment owners should submit the registration to the SMS either online or in person. Foreign nationals can also do this themselves.

There is a penalty of approximately USD 400-500 for anyone who fails to register within the permitted time frame and the fine is enforced at the airport. If a foreign citizen leaves Azerbaijan without paying a penalty, SMS will put a “Stop” sign against the name of the foreign citizen in the unified customer system, and during the next arrival the foreign national may be refused entry to Azerbaijan.

Business travellers coming to Azerbaijan will now be exempt from obtaining a work permit if the cumulative period of stay is no more than 90 days in a 12 month period and whether they are working in any of the following industries. The mining industry, the processing industry, the electricity, gas, steam and air conditioning supply industry, the information and communication industry, the finance and insurance industry, the education industry, the transport industry or in the proliferation of contaminated water and emissions industry.

Though all EEA nationals are, in principle exempt from the obligation to hold a work permit in order to legally work in Belgium, for some of the newer EEA countries, such as Croatia, transitional measures were in place. These transitional measures ended in July 2015 and so a work permit is no longer required.

Any non-EU national who has obtained long term residence status in another European Union country and has come to Belgium to occupy certain professions (limited list of professions drafted by the regional authorities) will now be able to obtain a work permit (B type) within 5 days. They will not need to comply with the conditions for highly qualified employees and further labour market research will not be required to be undertaken. An authorisation to employ will be delivered to the employer, which authorises the individuals to start working immediately. This is a great example of collaboration between EU Member States to create a more unified working environment for foreign nationals with work permission in other Member States.

In addition, after 12 months of having worked in Belgium on this basis, the individuals are exempt from the obligation to further hold a Belgium work permit.


It will now be much easier to deploy non-EU talent to Belgium in instances where they have been working in another EU member state and so this should be taken into account when reviewing and planning rotations

Brazil

The long-awaited Brazilian legislative immigration bill is currently being drafted by the Legislative Authorities.

Our local team are following the progress closely and are participating regularly in discussions around the Bill with the President of the Bill Commission and the Rapporteur. This is in particular around the treatment of dependants/spouses of temporary workers and the proposal to grant them automatic work rights in Brazil upon entry with their spouse (main temporary work visa holder)

We are also in contact with the members of the Confederation of the National Industries– CNI, an influential lobbying group in Brazil.


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renew their permits for upto five years to avoid yearly renewals. They also include foreign nationals now being able to apply for a Z work visa at the port of entry in Shanghai. If they have already arrived in Shanghai under another immigration status, they are now able to apply for residence permits from within Shanghai. The process for obtaining Permanent Residence has also been streamlined and average processing time is now 6 months.


Given the shortage of talent is becoming a growing concern for many countries and businesses, it is encouraging that Shanghai has taken this important milestone to relax and simplify the immigration process in many respects.

Though the relevant officers have an element of discretion over applications, this is a very welcome move. We would also advise that careful consideration is given to corporate tax, individual tax, foreign exchange, employment law and other regulatory areas; many pitfalls can be avoided with careful planning and consideration at the outset.


We will continue to monitor the progress being made with this Bill and together with the CNI.

It is anticipated that the Government will be pressured to act quickly to address problems caused by the shrinking economy and rising unemployment in Brazil. As such, we may see increased scrutiny of all applications for visa or audits of existing visas.

Canada

From 15 March 2016, all visa-exempt foreign nationals (except US citizens) who fly to or transit through Canada by air will be required to apply for an Electronic

Travel Authorization (eTA). These foreign nationals must obtain an eTA prior to entering Canada, unless otherwise exempted.

An eTA application can be made online through the Citizenship and Immigration Canada website (www.cic.gc.ca). Basic personal information, such as full name, passport number and email address will be requested. There will be a CAD$7 fee associated with this requirement.

Once the application is submitted, an eTA will be issued within a few minutes, in most cases. The eTA is electronically linked to the foreign national's passport and is valid for five years, or until the passport expires (whichever comes first).

If the application requires further processing, the applicant will be notified within 72 hours and provided instructions on next steps to be taken.

It is important to note that the Canadian government has the authority to cancel an eTA at any point in time based on public policy considerations and inadmissibility factors. Fraud and misrepresentation on any application, including when applying for an eTA, are sufficient grounds for inadmissibility.


Short-term business travellers should be reminded to factor this new process, and additionally the cost, into the planning stages of their trip to ensure that it is completed ahead of time.

China

The Ministry of Public Security in Shanghai has recently announced 12 new exit-entry policies aimed at providing:

• more flexible immigration arrangements,

• the best residence status for overseas talent, and

• the most efficient immigration services

This is all in a bid to ensure that top talent, innovators, and entrepreneurs are attracted into Shanghai. These new policies became effective on July 1, 2015. The Exit-Entry Administration Bureau of the Shanghai Public Security Bureau also issued details to facilitate the implementation.

These changes include a simplified renewal process which means that following two one year residence permit renewals, the applicant is then eligible to


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dual documents - i.e. residence and work permit in one) and the main benefit lies in a much faster lodging procedure at the embassy and in being able to avoid the required advanced booking of appointment at the embassy via electronic system.

The eligible applicant should have completed university education (in certain professions, a high school diploma may suffice). The program seeks to attract Czech Republic specialists with specific

Colombia

Colombian Immigration authorities (Migración Colombia) have recently launched the “System of Information for the Report of Foreigners” (SIRE), a new online system used to notify and register information on foreign nationals employed in Colombia. New hires and terminations of contracts with foreign nationals should be mandatorily reported through the SIRE and reporting through any other method will not be considered valid.

The SIRE-establishing resolution additionally sets forth a new obligation for employers and sponsors to report all foreigners entering Colombia with a visa and/or a temporary permit allowing them to engage in activities that benefit a Colombian entity. The visa categories included under this provision include NE-2 and NE-3 and temporary permits (PIP6-PTP6 and PIP7-PTP7.)


This new change will now need to be incorporated into the end to end immigration and/or human resources processes within your organisation to ensure compliance with the authorities on this new requirement

Republic of Congo (Congo-Brazzaville)

To fight against illegal immigration and help reduce the crime rate in the country, the Republic of Congo has launched a sovereignty operation, with a national aim, called in “lingala” (one of the national languages): ‘Mbata ya bakolo’, which means ‘the slap of elders’.

In accordance with the relevant regulations around the conditions of entry, stay and exit of all foreigners, this operation consists of checking the identity of foreigners of all nationalities.

After Brazzaville, the operation is now taking place in Pointe-Noire where identification checks were launched in public places, as well as in private houses and in professional places (offices/companies’ seats, enterprises).

Any individual who has been checked and who does not have any supporting documents justifying or establishing their identity and compliant stay in Republic of Congo, will immediately be imprisoned. Their release will be secured only following the provision and verification of the missing/requested administrative documents. Foreigners found to be residing illegally will be deported to their country of nationality.

Following some recent audits by the Congolese immigration services, it has been identified that certain groups of foreign workers are obtaining multiple entry visas instead of full work visas.

These entry visas (multiple or single entry) do not allow foreign nationals to work in the Republic of Congo and instead employees should ensure that they are obtaining full work visas to remain compliant. Immigration compliance is currently being strictly monitored.


We highly recommend that all foreign employees are made aware of the need to have on their person at any given time, all identification and residence documents (originals or copies certified by the consulate).

Czech Republic

A new project has been launched to help facilitate the visa process for specialists from Ukraine who have expertise in the field of production, services or public sector. In the first phase the project should cover 500 applicants from Ukraine.

Successful applicants would obtain an Employee Card or Blue Card (both are


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knowledge or skill sets where high qualifications are crucial for the job. The main areas being targeted are the IT and technology sectors.

In order for the applicant to be able to utilise the program, the Czech employer must first be enrolled to the programme by applying at the Ministry of Industry and Trade of the Czech Republic. The employer must:

• Be recommended by one of the Business bodies

• Be tax resident and registered at least two years in the Czech Republic with no debts registered at the relevant authorities (Financial Office, Social Security Office, Health Insurance Companies),

• Be registered as payer of social security and health insurance,

• Have not have been fined for illegal employment of foreigners in the last two years,

• Have employed at least 5 people in the last two years.

The minimum gross salary must be 38,529 CZK (approx. 1.430 EUR) per month for these employees.

There has been no change to the labour market requirements and the position must be first offered to the Czech job market for Czech and EU citizens (for 30 days). It is only after that it can be offered to specialists from Ukraine.


For those working in these sectors, this will greatly speed up and make the overall application process much more efficient and less labour intensive on the applicant. This is a great example of measures being taken to attract highly-skilled and qualified talent to the country.

Finland

The Finnish Immigration Service has recently launched a new online system (www.enterfinland.fi) for residence permit applications. The e-service was initially launched in 2012 for individuals applying for their first student residence permit and has since expanded to cover all work-related residence permit applications, citizenship application and the registration of EU nationals.

‘Enter Finland’ has been designed in collaboration with the customers of the Finnish Immigration Service to try to ensure that it is as user-friendly as possible. Enter Finland can be used to pay the application fee, provide additional information for submitted applications, monitor status updates and receive notifications on an application’s final outcome. Individuals applying through Enter Finland will still be required to attend a personal appointment at the Finnish Embassy or Police station. This is a mandatory step which is necessary to be able to verify the applicant’s identity and to submit original copies of the required documents.

Enter Finland is not yet available for dependants’ applications, however, there are plans to further develop the e-service to extend the online application service.


This new move will greatly speed up the Finnish immigration process and facilitate and improve the overall assignee experience.

http://www.enterfinland.fi/


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Germany

German immigration authorities are reporting that significant delays are to be expected the processing of all immigration law matters in general, due to the rising number of asylum seeker applications given the current refugee crisis. Immigration authorities are reporting a several month-long wait for appointments to apply for a residence permit.

Non-visa nationals who do not require an entry visa to enter Germany for stays of over 90 days are typically required to apply for a residence permit before they are able to commence work in Germany.

Given the current delays, it is now proving difficult to get an appointment within a reasonable timeframe so we would advise that in urgent cases, the responsible German Embassy abroad is contacted in order to apply for a national entry visa for Germany prior to travelling. This entry visa will then allow the holder to begin working in Germany right away.

From November 2015, a new federal registration law has been implemented which introduces additional requirements for residence registration and de-registration.

Anybody moving into a residence in Germany is required to register their address at the local town hall within 7-14 days of moving in. According to the new law, a tenant is now also required to present a written confirmation from the landlord/owner which states the name and address of the landlord/owner, the name of the tenant, the address of the apartment being rented and the move-in or move-out date.

Individuals could face difficulties if their landlord does not live in Germany and there is a delay in obtaining the original confirmation.

Due to the delays being caused with the migrant crisis and also with the new additional registration requirements, we could see delays around the completion of the post arrival process.

If non-visa nationals do not have a rental contract with the confirmation from the landlord (or at least a hotel confirmation and the letter signed by the hotel), they will not be able to register and complete the steps necessary to begin working until this has been completed.


We would recommend that employers begin the accommodation search as early

as possible and before the employees’ arrival in Germany to avoid any delays. Also, to reduce the delay in the start-date for non-visa nationals, they should obtain an entry visa from the German consulate in their home country. This would allow them to begin working immediately upon arrival and have 3 months (the standard validity period of an entry visa) to search for accommodation and complete the post arrival steps.

Please do not hesitate to reach out to your usual PwC Legal contact for further details

Greece

There have been changes to the requirements for the issuance of residence permits to those employed by a Greek company to carry out the role of a Board of Director/administrator, shareholder/partner, legal representative and 'high-rank' executive (general director, director). In order to qualify, the Greek company will now need to employ at least 25 employees.

The above restriction does not apply to those carrying out these roles in subsidiary companies or branches of foreign companies in Greece.


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For applicants who do not meet the top tier entrant requirements upon the instant extension of stay application, they can apply for a 6-year of stay at any time at the point at which they meet the top tier entrant requirements.

The application form for extension of stay (form ID91) has been updated and released by ImmD with immediate effect on 4 May 2015. Applicants should use the application with the new form and the other required documents to the ImmD.


This will mean reduced bureaucracy given that that extensions of immigration permission will only be required after greater time intervals than previously.

Ireland

A new on-line appointments system is now available for those seeking Irish re-entry visas. Applicants will no longer be seen in person at the Irish Naturalisation & Immigration Service (INIS) in Burgh Quay, Dublin, without first having booked an appointment in advance.

The on-line booking facility is open with immediate effect. Those who make an

appointment are asked to only attend at the agreed time with INIS committed to dealing with such applicants in as speedy a manner as possible. Those without an appointment will not be seen at all as the current visa ticketing system at the public office will no longer be in operation.

Appointments are divided into the following categories:

• Individual appointment: One person only

• Family appointment: Parents and dependent children

• Emergency appointment*: One person only. (Emergency appointments will incur an additional €100 administrative fee on top of the standard visa filing fee.)

The option for postal re-entry visa applications remains in place and INIS are requesting that this be considered as the preferred route if possible.


This is another example of immigration processes becoming more streamlined and efficient by requiring less of the applicants


We would advise on reviewing the corporate set up and current headcount should there be a business need to bring in foreign nationals to carry out senior roles, such as the aforementioned, to ensure that the entity meets this new requirement.

Hong-Kong

From May 2015, the duration of stay pattern has been relaxed from 1-2-2-3 years to 2-3-3 years, subject to the duration of employment contract. For top-tier entrants, a 6-year extension of stay will be granted upon approval.

Top-tier entrants are deemed to be those who are employed as a professional under the GEP/ ASMTP for no less than 2 years and have assessable income for salaries tax of no less than HK$2 million in the previous year.

For those already admitted, upon approval of their applications, a 3-year extension of stay will be granted (or in line with duration of employment contract). If applicants fulfil the top-tier entrant requirements, a 6-year extension of stay on time limitation only without other conditions of stay will be granted.

time by way of enhanced systems and booking facilities.


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India

From January 2016, the High Commission of India in London will start to issue Business, Tourist and Entry visas with a validity of up to five years. Please note that these five year visitor visas will only be available for British nationals and in addition, applicants who have not previously held an Indian visa are unlikely to be issued with a visa valid for more than one year.

Currently, the processing times for applications for five years visas are up to 10 working days and there are slightly increased visa fees for these longer validity visas. There has also been an additional change whereby, with immediate effect, any applications made to the Indian High Commission on handwritten or non-machine readable passports will no longer be accepted.


This change will be beneficial for those eligible and who have frequent business travel to India going forward.

Further, we would advise that you advise any upcoming business travellers to India from the UK that they ensure that they have a machine-readable passport to avoid

delays to any travel.

Israel

On 20 October 2015, the Israeli authorities announced that a new Entrepreneur High-Tech visa is to be introduced. This new visa category will be available to individuals who wish to work at one of twelve pre-approved technology companies. The visa will be valid for a two year period with an option to extend if certain criteria are met.

In the coming months, a dedicated committee will be established who will determine the relevant regulations. The authorities will invite local companies that wish to serve as one of the pre-approved technology companies.


For those qualify and who are in the Technology sector, this could help streamline your immigration programme given these permits will be valid for a longer period than the usual B-1 work permit allowing cost savings and greater efficiencies

Malaysia

Companies that are successfully registered

with headquarters of the Malaysian Immigration Department, the Expatriate Services Division (“ESD”), are now able to apply for permission to allow international students to undertake short-term placements on a Social Visit Pass in Malaysia under mobility programs. The types of mobility programs covered by this facility include student exchange, industrial or practical training, internships and mentorships.

Previously, foreign students were not permitted to undertake any short-term assignments with companies in Malaysia under the Social Visit Pass. Companies had to obtain an approval for a Professional

Visit Pass (i.e. a short-term work pass) from the Malaysian Immigration Department.

Foreign students will now be able to commence a short-term mobility program immediately after their arrival in Malaysia.

The annual projection of expected foreigners’ process for 2016 is now open for eligible companies. The projection is the anticipated number of foreigners the companies intends to hire or continue to hire in 2016.


As any unused approved visas for 2015 will not be able to be carried forward for use in 2016, we would encourage you to plan ahead to avoid any delay in obtaining approvals for foreigners’ Employment Pass applications.

Please do not hesitate to reach out to your usual PwC Legal contact for further details.

Mexico

From September 2015, non-visa nationals planning to enter Mexico by land through the state of Baja California, Sonora, Chihuahua, Coahuila, Nuevo Leon and


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Tamaulipas can complete an online form prior to travel which will facilitate entry.

The individuals can complete the Multiple Migratory Form (FMM) online and make the payment of MXN $332 USD (€305.70 EUR) by credit or debit card. They must print the form and the issued receipt and carry this with them when travelling.

Once the application is submitted, the individual must enter Mexico within 30 days and they may be issued entry with a stay valid for a period of up to 180 days.


This new process will benefit frequent travellers as those who complete the FMM form online prior to travel will avoid queuing at the border.

Please note that this process is only available to non-visa nationals who are travelling from the United States via land.


Netherlands

The timeframe during which foreign nationals are allowed to conduct business

visits in the Netherlands has been amended. Now, foreign nationals may stay in the Netherlands for 13 weeks in a 12 month period without requiring a work permit.

As a result of this change, fewer work permits will be utilised for those coming to the Netherlands for more than 4 weeks to participate in business trips. Though it is important that the activities are limited to business meetings and concluding contracts.

Activities linked to the primary production process or core business of the company will fall outside the scope of the waiver provision and a work permit will still be required.


There is now much greater flexibility for longer-term business travellers needing to be in the Netherlands for longer periods of time. It is important to still ensure that the nature of the activities being performed on the trips remain within the scope of those permitted as a business visitor.

Please do contact your usual PwC Contact

should you require further information on this.

New Zealand

Immigration into New Zealand continues at a record high and Statistics New Zealand reported a record net inbound, seasonally adjusted permanent and long term migration of 5,700 migrants in July 2015, surpassing the previous record of 5,400 in January 2015.

Given that a large proportion of inbound migrants settle in Auckland, this places additional pressure on an already heated housing market and so the Government is proposing to make it more attractive for certain migrants to settle outside of Auckland.

Skilled migrants and entrepreneurs will be awarded additional points in their applications from November 2015 if they intend to settle outside of Auckland. Applicants will be expected to spend a minimum amount of time in the region after arrival i.e. this should not be seen as a 'backdoor' route into Auckland for those who potentially wouldn't be eligible for a visa otherwise.

In addition, from mid-2016 a pathway to residence will be provided for a

limited number of long-term migrants on temporary work visas in the South Island.

The Government is also considering a new Global Impact Visa to attract high-impact entrepreneurs, investors and start-up teams to launch global ventures from New Zealand. Encouraging entrepreneurs to also set up in the regions is a step in this direction.

Due to the continuing demand in the investor category, it remains to be seen whether the government will seek to increase the number of spaces available to capitalise on the foreign investment available.


Given the government is aiming to encourage skilled migrants to move to the regions to promote growth outside Auckland, we would advise reviewing operations in the regions given the incentives available to those basing themselves outside Auckland.

Norway

There are minimum salary requirements in


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place in order to qualify for a Norwegian work permission for a skilled worker:

From 01 May 2015, the new minimum gross salary amounts are as follows:

• For individuals holding a Bachelor’s degree: NOK 381,000 (USD 42,756.97)

• For individuals holding a Master’s degree: NOK 410,500 (USD 46,067.55)


When applying for a renewal of a residence permit, the immigration authorities will require documentation of the salary paid for the previous three months and the salary paid in these months should reflect the new adjusted salary levels.

Please do not hesitate to reach out to your usual PwC Legal contact should you have more questions on the same.

Poland

At present, the processing times for the issuance of permits for temporary residency and residency cards to foreign nationals has been extended from three to five months.

Therefore, any foreign nationals, who are

not entitled to move within the Schengen area without a valid visa, should not leave Poland until the completion of the procedure of granting a residency card. Leaving Poland may result in their expulsion from the Schengen territory and no possibility of returning to Poland (and the Schengen area).


We recommend that the process of obtaining a Polish residence permit should be initiated at least 5 months in advance to avoid any situations where a foreign national may not be able to travel outside of Poland’s territory due to the process not having been completed


Russia

A Russian law implementing a new simplified visa procedure for foreign nationals travelling to Vladivostok came into force on October 2015. The procedure will apply to individuals entering Russia through the border checkpoints situated on the territory of the Vladivostok Free Port Area.

Full details are yet to be determined; however, it has already been confirmed that visas issued through this process will be valid for a maximum of eight days.


It is expected that this will greatly help in speeding up the process for any travellers coming to Vladivostok for short-term visits.

The authorities are expected to start implementing the new simplified procedure early 2016 once all the respective subordinate acts are adopted.

Saudi Arabia

Since November 2015, Saudi employers who employ over 100 people are required to implement the Wages Protection System (WPS). A grace period of 2 months is afforded, this effectively gives companies until the end of December 2015 to conform to the regulations.

The effect on Immigration is indirect but potentially severe in the case of non-compliance. If the requisite employee salary details have not been provided to the Ministry of Labour by the end of the 2 months, companies will face various penalties including but not limited to:

• Prohibition from submitting applications to the Ministry of Labour (covering recruitment services, job title changes, employee transfers etc.);

• Cessation of processing of any applications already submitted;

• Financial penalties;

Continued contravention of the regulations could result in more severe penalties including complete suspension of all Ministry of Labour services for the company, and the freedom for employees of the company to transfer to a different employer without first seeking their employer’s permission.

WPS registration has not yet become mandatory for companies with less than 100 employees but it is expected to by the middle of 2016.


You will need to ensure that you have registered with the Qawaem online and ensure that its Financial Statement and Director and Auditor report have been uploaded. All employees’ salary information must be submitted to the Ministry of Labour, WPS registration


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completed, and local bank accounts should be opened for each employee.

Singapore

Employment Pass (EP) applications will now be rejected if the accompanying job advertisements posted on the Jobs Bank does not include a published salary range or if the advertisement has a too wide salary range. To facilitate this transition, the salary range declared in job advertisements on Jobs Bank has been published automatically since August 2015. In order to satisfy the advertising requirement under the Fair Consideration Framework (FCF), the Ministry of Manpower (MOM) may not accept job advertisements if the salary range is too wide. Generally, the maximum salary should not be more than 1.5 to 2 times the minimum salary indicated in the job advertisement. Employers will need to re-advertise for at least 14 calendar days if an EP application is rejected.

The MOM will also increase scrutiny on companies with fewer Singaporean employees at the Professional, Managerial and Executive (PME) level as compared to industry norms. The identified companies will be asked to provide additional

details on whether Singaporeans were considered fairly. Companies found to have shortcomings in their HR or hiring practices will be required to adopt a plan to address these shortcomings and to reduce their reliance of foreign PMEs. Further action will be taken against uncooperative or unresponsive companies, including longer processing time for EP applications, curtailment or work pass privileges.

The Ministry of Manpower (MOM) has recently updated the provisions under the Work Pass Exempt Activities (WPEA) scheme, to refine and tighten the coverage and scope.

Foreign nationals can now perform Work Pass Exempt Activities for the duration of the Short Term Visit Pass (STVP) or for up to 60 days, whichever is shorter, up to a cumulative total of 90 days in a calendar year. A work pass will be required if a foreigner wishes to perform Work Pass Exempt Activities beyond 90 days. Previously, foreigners could perform Work Pass Exempt Activities for the duration of their STVP subject to a maximum of 60 days, with no clarification on the cumulative period allowed in a year.

Further clarification which has been issued on the Work Pass Exempt Activities include:

• Exhibitor in an exhibition

• Organising or conducting a seminar, conference, workshop, gathering or talk

• Provision of specialised services related to a new plant / operations / equipment


We would advise that there are robust processes in place for the advertising requirements needed for obtaining Employment Passes given the increased scrutiny on this aspect of the process to ensure the fair treatment and consideration of local workers.

With regards to the changes to the Work Pass Exempt Activities, we would advise that you make yourself familiar with all the requirements under the WPEA scheme as beyond these specific activities, a work pass will be required.

Please do not hesitate to reach out to your usual PwC Legal contact for further

details.

Spain

In June 2015, the Spanish Parliament passed a law to grant the Spanish citizenship to Sephardic Jews who are able to evidence that their ancestors were originally from Spain. The exact number of people able to utilise this new measure has not been specified, however it is estimated to be between 500,000 to 3.5 million individuals. Any Sephardic applicant will be able to obtain Spanish citizenship by naturalisation.

As part of the process, every applicant will have to evidence that they are of Sephardic origin, that they have a special link with Spain, and also being tested on Spanish culture and language.

It should also be noted that all Sephardics granted Spanish nationality will not need to expressly refuse they previous nationality. The deadline to submit citizenship applications under this route expires in June 2018.

There has been a new law implemented which has brought out the below main changes to the immigration landscape in Spain:


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1.Residence permit for Intracompany Transfers EU (ICT EU). These are designed for Managers, Specialists and Trainees from a company established outside of the EU to a company from the same group established in Spain. The length of the assignment will be 3 years for managers and specialists, and 1 year for trainees.

Companies established in other EU States may assign any foreign nationals that have been cleared for ICT EU permission in that State previously and a notification will need to be made to the Spanish Migration Authorities in advance of the assignment. The length of the assignment will be the same one as that granted by the home company's EU state authorities.

2. National Intra Company Transfers. This migration authorisation will apply for assigned employees who do not qualify as Managers, Specialists and Trainees, or when the maximum allowed length of the assignment for each category has been reached.

3. Intra Company Transfers for Group of professionals. Company groups who meet certain criteria may request a collective application for Intra Company Transfers for a number of their employees simultaneously. In order to apply through this route, they will need to register before the Migration Authorities. The registration

will last for 3 years which may be renewed if the company group still meets the requirements. Registered company groups will be exempt from providing evidence of:

a. The existence of an actual commercial activity

b. High education qualification or 3 years of professional experience, for the assignees

c. The existence of a previous and continuous Labour Relationship for at least 3 months with one or various of the companies that form the Group of companies.


The new changes brought about the new law mean a much more mobile EU population and should make it easier to mobilise and move foreign talent around the EU.


Switzerland

The Swiss Government has decided to keep the quota levels unchanged for

the upcoming year 2016, although the numbers are 30% lower than in 2014:

• Non-EU : 4’000 L permits & 2’500 B permits

• EU/EFTA assignees: 2’000 L permits & 250 B permits

Background

In February 2014, voters in Switzerland approved a new constitutional provision which will implement thresholds and quotas limiting the number of permits issued to foreigners. Such quotas will have to be set in such a way that they reflect Switzerland's overall economic interests, while businesses will be required to prioritise the domestic workforce in their hiring decisions.

The new regulations are expected to be implemented in 2017 and the final draft of the regulations will be sent to Parliament by March 2016.

The possible changes include the below:

• Dual immigration concept: Maintaining different systems for EU/EFTA nationals and for non-EU nationals.

• Safeguard clause: Once a certain annual threshold of EU/EFTA permits

is reached, quotas shall be introduced. These quotas will limit the issuance of new permits to EU/EFTA nationals arriving in Switzerland in the following year. If the threshold is not exceeded, no restrictions will apply.

• Quotas: After consultation with the immigration commission, the Federal Government will decide on the exact quotas per year. Quotas will be assigned for each canton (the Swiss administrative regions), taking into account the cantons’ specific needs. In principle, all permits valid for more than four months shall be limited by quota, except those for EU/EFTA nationals, which will be limited only if the threshold of the safeguard clause is exceeded.

• Prioritisation of the domestic work force: A foreign national may be hired in Switzerland only if no suitable candidate is found locally.

• Specialised labour force: To date, only (highly) specialised employees from non-EU countries are granted admission to the Swiss labour market and this remains unchanged. For EU/EFTA local hire, non-specialised employees may continue to apply for Swiss work permits.


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• Further restrictions: Some further restrictions may be imposed concerning the immigration of family members, unemployed persons and asylum seekers.

The elements outlined above are part of the implementation concept. However, the final FNA draft will likely contain further – as yet unknown – elements.

On 18 December 2015, Switzerland also announced that additional measures will be taken to protect the Swiss Labour market and employees. For example, there will be increased penalties of up to CHF 30’000 (instead of currently CHF 5’000) for infringements of Swiss minimal salary and working conditions when assigning employees to Switzerland. Furthermore, the Federal Council foresees enhanced controls in order to prevent illegal working.


We do not expect major changes in the practice of the cantonal and the federal authorities compared to 2015, however to maximise the success of applications in all Swiss cantons, we would advise you to submit strongly drafted and complete applications in addition to ensuring that

the salaries paid to foreign employees are in line with Swiss local salary levels

PwC is closing monitoring the situation and actively discussing any updates with the Swiss authorities. We will keep you updated on any new changes.

Turkey

Since May 2015, residence permit applications are processed by civil authorities at the Migration Directorate rather than by local police officers. Under this new scheme, foreign nationals applying for residence permits are required to prepare their applications online with the new Migration Directorate and schedule appointments using an online system The transition has not gone smoothly with difficulties such as significant delays to residence permit, technical issues with the database, and inconsistent documentary requirements being experienced. There have also been growing backlogs in the appointment system, as many local offices which previously adjudicated residence permits are now consolidated into one office.


We would advise you to ensure that any foreign nationals that may be being relocated to Istanbul and who will dependant residence permits to begin the process as soon as possible and schedule their travel plans accordingly.

The above does not affect renewals as these applications can be filed by post, however the authorities do retain the discretion to request additional information or data following the submission of the application.

UAE

The General Directorate of Residency and Foreigners Affairs under Resolution 377 of 2014 has announced that holders of all visa categories can now modify their entry status and residence permits from within the UAE. This was not previously the case for certain visa types and so holders of these visa types were required to first exit the UAE in order to change their status.

The following visa and permit holders are now permitted to change status in-country:

• Transit entry

• 30 day short visit visa

• 90 day long visit visa

• Entry permits for medical treatment

• Entry permits for study

• Entry permits for exhibitions and conferences

• Tourist visas

• GCC resident entry permit

• Work related entry permit for 14 days

• Work related entry permit for 90 days

• Work related multiple-entry permit

• Entry permit for work or residency


This change in the law will reduce the burden of the holders having to travel outside of the UAE for those who have entered the UAE on a visitor or tourist visa, when their employment entry permit is issued.


United Kingdom


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On 20 January 2016, the Migration Advisory Committee (MAC) released its report on the Tier 2 Review consultation. The report is in response to the Government's request for the MAC to carry out a wide-ranging review of Tier 2 with a view to making recommendations that would restrict inflows under the Tier 2 route. Further, the MAC's response acknowledges the Government's intention to improve the training of British workers through the formulation of its recommendations. The MAC was requested to make recommendations on five specific issues, namely:

• How applications can be prioritised under the Tier 2 route to ensure maximum benefit for the UK;

• applying a skills levy (immigration skills charge) to businesses employing non-EEA migrants;

• how to tighten the intra-company transfer route;

• whether jobs should be automatically removed from the Shortage Occupation List; and

• whether dependants' access to the UK labour market should be restricted.

As a result of some of the recommendations that have been made by

the MAC, there will be increased minimum salary levels particularly for companies who offer third party contracts such as those in the IT or Engineering sectors. Increased costs are also to be expected around NHS fees in addition to the immigration skills charge and other new initiatives.

There is the possible introduction of an in-country cap which will restrict the numbers of individuals who can switch into the Tier 2 immigration. The majority of individuals who switch into Tier 2 on an in-country basis are international students . Other possible changes to the Tier 2 visa category is the extension of the duration from 12 months to 24 months for individuals wishing to apply under the Tier 2 Intra-Company Transfer category.


We would advise that all assignments into the UK are planned for as much in advance as possible and also that there are robust processes in place around budget management given the imminent increase to costs.

PwC Legal are closely monitoring the situation and further updates will be provided

USA

In December 2015, President Obama

signed the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 into law. Part of the broader Consolidated Appropriations Act, this new legislation significantly tightens the VWP by enhancing passport requirements and restricting eligibility.

Individuals must possess a tamper-resistant, machine readable passport when making an application for admission at a US port of entry. As of 1 April 2016, the passport must also be electronic.

What is more, and effective immediately, the following individuals are excluded from the VWP:

• Those who have been present in Iraq, Syria, Iran or Sudan at any time on or after 1 March 2011. This restriction also applies to other countries which may later be designated as repeatedly supporting terrorism or “of concern.”

• Those who, although citizens of a visa waiver country, are also nationals of Iraq, Syria, Iran, or Sudan. Once again, this exclusion applies to any other countries which may subsequently be deemed as repeatedly supporting terrorism or “of concern.”

In addition to these individual restrictions, the Act also imposes further requirements on participating program countries and provides termination provisions for

The Act mandates that the ESTA system be enhanced to collect information on an applicant’s additional or previous countries of citizenship and directs the Secretary of Homeland Security to research and incorporate technology to detect and prevent fraud and deception.

It is otherwise unclear how Customs and Border Protection and other affected agencies will actually implement the new statutory scheme and how the changes will apply to individuals who currently have ESTA authorisation.


We would advise that you ensure that anyone travelling to Iran, Iraq, Syria and Sudan going forward are aware of the implications this will have on their ability to participate in the ESTA program going forward and that anyone who may have travelled to those locations since March 2011 are no longer eligible to participate in the ESTA program.

We would also advise that you notify travellers who may hold nationality of Iran, Iraq, Syria and Sudan that they are no longer eligible for the ESTA program even if they also hold other citizenship which they are planning on travelling on.


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Permits Foundation has worked hard over recent years to ensure the EU Directive would facilitate accompanying family members of a foreign assignee being able to work. Permits Foundation is an independent organisation that promotes the best practice of an ‘open’ work permit or authorisation process for legally resident expatriate partners which gives them immediate access to the employment market for the same duration as the main work permit holder, once they have obtained their accompanying family member residence status.

The organisation is for dependent accompanying family members to be able to apply for jobs freely and take temporary project work or part-time work, without the uncertainty and time-consuming bureaucracy of a work permit application.

Julia Onslow-Cole, partner and head of Global Immigration of PwC Legal LLP UK, has worked very closely with Permits Foundation; working passionately with them on a number of the key issues that they raise.

Permits Foundation



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Due to the expansive size of our network, many of our regional firms circulate newsletters which focus in more depth on immigration updates and issues relevant to their regions. Should you have an interest in any of these, please reach out to the relevant contact to arrange.

Regional Newsletters

Asia Pacific NewsletterJenny Lee, Senior Manager, [email protected]

Africa NewsletterKimona Chetty, Manager, South [email protected]

Brazil NewsletterEduardo Depassier, Senior Associate, [email protected]

UK NewsletterAndrea Als, Manager, UK [email protected]


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This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers Legal LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.

© 2016 PricewaterhouseCoopers Legal LLP. All rights reserved. PricewaterhouseCoopers Legal LLP is a member of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.

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