The Forum for Expatriate Management http://totallyexpat.com Dedicated Exculsively to Global Mobility and International Assignee Management Fri, 17 Oct 2014 09:59:23 +0000 en-US hourly 1 COLOMBIA: Local Contracts Now Required for Work Visas http://totallyexpat.com/colombia-local-contracts-required-work-visas/ http://totallyexpat.com/colombia-local-contracts-required-work-visas/#comments Fri, 17 Oct 2014 09:12:06 +0000 http://totallyexpat.com/?p=15993 Continue reading ]]> Foreign nationals applying for new or renewed work visas must submit an executed employment or services contract with a Colombian entity. Employers of intracompany transferees on home payroll must indicate in the local contract that their salaries will be paid from abroad.

Foreign nationals in Colombia seeking to obtain or renew a TP-4 work visa must execute an employment contract or a valid services contract (contrato de prestación de servicios) with a Colombian entity, pursuant to a recent change in practice by the Ministry of Foreign Affairs. colombia

Foreign nationals with pending work visa applications and intracompany transferees applying for new TP-4 visas or renewing existing TP-4 visas must also execute a contract with a Colombian entity, and must indicate that this was done in the contract summary form of the visa application.

Employers of intracompany transferees who remain on home payroll will be required to specify in the local contract that the salary will be paid from abroad. 

The Ministry has started to reject TP-4 applications that indicate a contract with a foreign company in the contract summary form of the visa application. 

What This Means for Employers and Foreign Nationals

Colombian employers must now execute a local contract or services contract for foreign nationals who will remain on foreign payroll or those who maintain both local and foreign contracts. If a local contract or services contract cannot be signed, the foreign national will need to request another type of visa or permit to perform work activities in Colombia.

While a full contract does not have to be provided in the TP-4 visa application, employers should have the fully executed contract in their records in case of an audit. 

Fragomen worked closely with Godoy Cordoba Abogados (Bogotá) to prepare this alert. It 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 Worldwide or send an email tolar@fragomen.com.

Source: Fragomen

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UNITED STATES: (Oct. 16, 2014) Older E-Verify records to be deleted from system http://totallyexpat.com/united-states-oct-16-2014-older-everify-records-deleted-system/ http://totallyexpat.com/united-states-oct-16-2014-older-everify-records-deleted-system/#comments Fri, 17 Oct 2014 09:07:57 +0000 http://totallyexpat.com/?p=15990 Continue reading ]]> Beginning next year, employers who use E-Verify will no longer have access to records that are more than 10 years old.united states

On Jan. 1, E-Verify records created before Dec. 31, 2004 will be permanently deleted from the database. Employers who want access to these older records must download the new Historic Records Report before Dec. 31, 2014. The report will not be available after Dec. 31. Employers who began using E-Verify after Dec. 31, 2004 will not have any records in the report and do not need to download the report.

E-Verify records will be deleted at the beginning of each year after they turn 10 years old and employers will be reminded to download the new Historic Records Report before the end of the year. The instructions on how to download reports can be viewed here.

U.S. Citizenship and Immigration Services is adopting the document deletion policy to minimize privacy risks associated with retaining individuals’ personal information. National Archives and Records Administration policies require that records more than 10 years old be deleted.

BAL Analysis: Employers who want access to E-Verify records that are more than 10 years old must download the report before Dec. 31. Employers should also follow best practices by recording the E-Verify verification number on the appropriate I-9 Form and keep the Historic Records Report with the I-9 Form.

 

- Berry Appleman & Leiden LLP

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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INDIA: (Oct. 16, 2014) All Indian PIO cards now valid for life http://totallyexpat.com/india-oct-16-2014-indian-pio-cards-valid-life/ http://totallyexpat.com/india-oct-16-2014-indian-pio-cards-valid-life/#comments Fri, 17 Oct 2014 09:05:59 +0000 http://totallyexpat.com/?p=15987 Continue reading ]]> IMPACT –MEDIUM

What is the change? All Persons of Indian Origin cards are now valid for the cardholder’s life.

What does the change mean? Holders of current PIO cards effectively have been given a lifetime visa. The change affects both new applicants and current PIO cardholders.

  • Implementation timeframe: Ongoing.india
  • Visas/permits affected: PIO cards.
  • Who is affected: Foreigners holding or applying for PIO cards.
  • Impact on processing times: Processing times may lengthen if there is a rush to obtain PIO cards because of the change. No delays have yet been reported, however, and over time the change will save time as cardholders will not have to renew their PIO cards.
  • Business impact: The changes will make travel and immigration procedures easier for PIO cardholders traveling for business purposes.
  • Next steps: PIO cards are now valid for a cardholder’s lifetime. The Indian government is currently working on merging PIO cards with the Overseas Citizen of India cards, but has not provided details yet.

Background: During a speech in New York on Sept. 28, Prime Minister Modi promised lifetime visas for PIO cardholders and visas on arrival for U.S. nationals visiting India.

The Indian government announced Sept. 30 that PIO cards would be valid for the cardholder’s lifetime, rather than for 15 years. “This effectively fulfills the Prime Minister’s announcement that PIO cardholders would enjoy a lifelong visa to India,” Modi’s office said in a statement. Modi’s office also announced that “PIO cardholders would be exempt from police reporting” requirements. However, this provision has not been fully implemented and some local officers are continuing to require registration by PIO cardholders.

Modi’s office further indicated that visas on arrival for U.S. travelers could be available this month: “Systems are in place to introduce visa on arrival for US tourists in October itself.” Modi’s office said that “unless there are exceptional circumstances,” visas to U.S. nationals should be given for a period of 10 years.

BAL Analysis: The Indian government appears to be moving relatively quickly toward implementing the pledges Modi made in his Madison Square Garden speech. The lifetime PIO cards make working in India or traveling to the country for business easier for those who are eligible. Business trips will soon be easier for U.S. nationals as well. It should be noted, however, that while the implementation of visas on arrival seems imminent, it has not yet occurred. For the time being, travel to India by U.S. nationals still requires securing a visa before departure.

 

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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AUSTRALIA: (16 October 2014) 4 changes to skilled foreign worker program announced http://totallyexpat.com/australia-16-october-2014-4-skilled-foreign-worker-program-announced/ http://totallyexpat.com/australia-16-october-2014-4-skilled-foreign-worker-program-announced/#comments Fri, 17 Oct 2014 08:58:21 +0000 http://totallyexpat.com/?p=15979 Continue reading ]]> IMPACT – MEDIUM

What is the change? The Australian Government has announced four changes to its temporary skilled foreign worker (subclass 457) visa program.

What does the change mean? The changes will retain the income threshold for two years, streamline processing for low-risk applicants, relax English language and skills criteria, and give start-up businesses more time to achieve viability.australia

  • Implementation timeframe: The Government announced it will adopt the changes but did not specify an implementation date.
  • Visas/permits affected: Subclass 457 visas.
  • Who is affected: Employers and foreign workers applying for 457 visas.
  • Impact on processing times: Low-risk applicants will receive faster processing.
  • Business impact: The changes generally provide more flexibility for businesses.
  • Next steps: The Government is likely to adopt more changes and BAL will update clients as the reforms are announced.

Background: Last month, a review of the 457 visa program was published, making 22 recommendations. Yesterday, the Government announced it will adopt four recommendations:

(1)    The Temporary Skilled Migration Income Threshold will remain at A$53 900 until it is reviewed within the next two years.

(2)    Low-risk applicants will receive streamlined processing of sponsorship, nomination and visa applications so that resources can instead focus on monitoring high-risk applicants.

(3)    English-language and skills testing will be more flexible.

(4)    The sponsorship approval period will be lengthened from the current 12 months to 18 months to give start-up companies time to establish themselves.

“Safeguards will remain in place to ensure that the 457 visa program is not rorted [abused],” the Government said in a joint statement by Prime Minister Tony Abbott, Minister for Immigration and Border Protection Scott Morrison and Minister for Industry Ian McFarlane. “It will continue to be a requirement that a foreign worker receives at least the same market rate and conditions that are paid to an Australian doing the same job in the same workplace.”

The announced changes come on the heels of the Government’s statement yesterday that it will reform the Significant Investor Visa program and add a new Premium Investor Visa.

BAL Analysis: The changes are a positive development in the Government’s ongoing reform of the 457 visa program. BAL has submitted significant recommendations to the Australian Government that incorporate client feedback and that advocate reforms that will benefit employers and the 457 program as a whole.

 

This alert has been provided by BAL Australia. For additional information, please contact australia@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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CHINA: Foreign Nationals Face Stricter Residence Registration Enforcement http://totallyexpat.com/china-foreign-nationals-face-stricter-residence-registration-enforcement/ http://totallyexpat.com/china-foreign-nationals-face-stricter-residence-registration-enforcement/#comments Thu, 16 Oct 2014 15:08:41 +0000 http://totallyexpat.com/?p=15976 Continue reading ]]> China has introduced random residence checks and higher fines to enforce the residence registration requirement for foreign nationals. Foreign nationals must register their residence at a local police station within 24 hours of arrival. Those who have new immigration documents or have traveled internationally may need to update their registration.

As China increases its efforts to enforce the residence registration requirement, foreign nationals may be subject to random police checks of their registration documents and could face tougher penalties for noncompliance. 
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What is Required? 

Under a law that went into effect last year, foreign nationals are obligated to register their residence with their local police station within 24 hours of arrival in China. Foreign nationals are also required to update their registration documents if they have moved or obtained a new passport, and may be required to do so if they obtained a new visa or residence permit, renewed their visa or residence permit, or returned from an international trip since their initial registration. The law requires that these updates be reported within ten days from the event, but some local police stations require notification within 24 hours. 

Landlords may be able to register on behalf of their foreign national tenants. If the foreign national resides in a hotel, registration is typically completed upon check-in. However, in some areas of China, foreign nationals may be obligated to appear in person at a local police station after registration at hotel check-in. 

Foreign nationals who fail to complete the registration requirement within 24 hours of their arrival may face penalties ranging from verbal warnings to fines or investigations. Employers of foreign nationals who fail to register may also face penalties determined by local police stations. 

What This Means for Foreign Nationals

Foreign nationals must make sure to register timely and should have their registration documents accessible in the event of a police check. Foreign nationals should check with their local police station to find out when changes in visas, residence permits, or other circumstances must be reported. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen Worldwide or send an email toCNInitiations@fragomen.com

Source: Fragomen

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PAPUA NEW GUINEA: (Oct. 15, 2014) Early filing encouraged ahead of holiday shutdown http://totallyexpat.com/papua-guinea-oct-15-2014-early-filing-encouraged-holiday-shutdown/ http://totallyexpat.com/papua-guinea-oct-15-2014-early-filing-encouraged-holiday-shutdown/#comments Thu, 16 Oct 2014 13:23:12 +0000 http://totallyexpat.com/?p=15970 Continue reading ]]> IMPACT – MEDIUM

What is the change? Papua New Guinea’s labor agency has announced holiday shutdown periods in December and January.

What does the change mean? Employers should plan to file work permit applications as early as possible in the coming weeks, and no later than Nov. 28, to avoid delays during peak season and the possibility of applications being held until next year.

  • Implementation timeframe: Now through early January.papua new guinea
  • Visas/permits affected: Work permits.
  • Who is affected: Applicants for new and renewal permits.
  • Impact on processing times: The Department of Labour & Industrial Relations requires two to three weeks to screen, process and issue permits.
  • Business impact: Work permit applications held over until next year will delay assignments and interrupt business schedules.
  • Next steps: Companies should file work permit applications as early as possible and pay special attention to renewals due to expire between now and February.

Background: The Department is encouraging applicants to file new and renewal work permit and employment agent license applications before Nov. 28 to allow sufficient time before its holiday shutdown Dec. 19. No applications will be accepted after Nov. 28. The Department will resume accepting applications Jan. 7, 2015.

BAL Analysis: Because of the lengthy closures toward the end of the year, companies and individuals filing for work permits – in particular renewals of work permits expiring in coming months – are urged to file no later than the end of November. Because work permit renewal applications must be filed three months before the permit’s expiration date, those due to expire in November through February should be submitted as soon as possible.

This alert has been provided by the BAL Global Practice group and our network provider located in Papua New Guinea. For additional information, please contact your BAL attorney.

 

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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IRELAND: (Oct. 15, 2014) Dublin seeing delays in immigration services http://totallyexpat.com/ireland-oct-15-2014-dublin-delays-immigration-services/ http://totallyexpat.com/ireland-oct-15-2014-dublin-delays-immigration-services/#comments Thu, 16 Oct 2014 13:21:16 +0000 http://totallyexpat.com/?p=15967 Continue reading ]]> IMPACT – LOW

What is the change? An increasing number of foreign national students are registering at the Garda National Immigration Bureau (GNIB) in Dublin’s City Centre. The heightened demand has caused long queues and significant delays in services.

What does the change mean? Foreign nationals registering for residence permits or applying for visas at the Dublin location should plan to arrive early and be prepared for longer-than-usual wait times. They should also be prepared for the possibility of having to return the next day.ireland

  • Implementation timeframe: Ongoing.
  • Who is affected: Anyone seeking GNIB registration or visas in Dublin’s City Centre.
  • Impact on processing times: Same day service is not guaranteed.
  • Business impact: Companies should anticipate that employees will need the day off to fulfill the registration/visa process.
  • Next steps: The delays are expected to ease in November when students cease registering. They should further subside with the introduction of an online appointment system in 2015.

Background: The increase in demand for these services is resulting largely from an increase in foreign students.

BAL Analysis: The delays are temporary; foreign nationals can expect demand to decrease in November, and the introduction of an online appointment system in 2015 should help further streamline the GNIB registration process. Foreign nationals in need of immediate immigration-related services should expect delays and plan accordingly.

This alert has been provided by the BAL Global Practice group and our network provider located in Ireland. For additional information, please contact your BAL attorney.

 

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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AUSTRALIA: (15 October 2014) ‘Premier Investor Visa’ introduced, along with changes to Significant Investor Visas http://totallyexpat.com/australia-15-october-2014-premier-investor-visa-introduced-significant-investor-visas/ http://totallyexpat.com/australia-15-october-2014-premier-investor-visa-introduced-significant-investor-visas/#comments Thu, 16 Oct 2014 13:19:20 +0000 http://totallyexpat.com/?p=15964 Continue reading ]]> IMPACT – MEDIUM

What is the change? The Australian Government will launch a new Premium Investor Visa to attract higher net-worth investors, and will make other changes to the Significant Investor Visa program in the coming year.

What does the change mean? The newPremium Investor Visa will be open to those investing a minimum of A$15 million. Changes to the Significant Investor Visa will not apply to current holders or applicants.

  • Implementation timeframe: The Government has said the changes will be implemented in 2014-15 and changes requiring legislative amendments will take effect July 2015.australia
  • Visas/permits affected: Business Innovation and Investment Visas (subclass 188 (provisional) and subclass 888 (permanent)).
  • Who is affected: Foreign investors.
  • Impact on processing times: Some of the changes are aimed at improving processing times.
  • Business impact: The changes will attract business and investment activity in Australia by creating a new visa stream, while imposing some new rules on the Significant Investor Visa stream.
  • Next steps: BAL will updateclients on developments in the investor streams as they happen in the coming months.

Background: The Business Innovation and Investment Program entitles qualifying investors to apply for residency at the provisional stage, then on a permanent basis. Applicants must first submit an Expression of Interest and then be invited to apply under a business or investor stream.

In March, the Department of Immigration and Border Protection called for a review of the Significant Investor Visa (SIV) stream. On 14 October, the Government announced it will adopt several of the review’s recommendations, including creation of a Premium Investor Visa (PIV) stream within the Business Innovation and Investor Visa program.

Key features of this new visa are:

  1. Minimum investment of A$15 million in qualifying instruments.
  2. No residency requirement.
  3. Nomination by the Australian Trade Commission (Austrade).
  4. Eligibility to apply for permanent residency after 12 months.

The Government will also make changes to the Significant Investor Visa program, including:

  1. Improving visa processing times.
  2. Allowing Austrade to nominate SIV and PIV applicants and to help determine which investments qualify under investment rules.
  3. Allowing the principal and secondary applicants to “swap roles” during the provisional stage of all visa streams within the Business Innovation and Investment program.
  4. Lengthening the residency requirement for secondary applicants to 180 days.

BAL Analysis: The changes will provide greater flexibility and faster processing for investors seeking permanent residency for themselves and family members in Australia.

 

This alert has been provided by BAL Australia. For additional information, please contact australia@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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NETHERLANDS: Knowledge Migrants Must Be Paid Upon Arrival http://totallyexpat.com/netherlands-knowledge-migrants-paid-arrival/ http://totallyexpat.com/netherlands-knowledge-migrants-paid-arrival/#comments Thu, 16 Oct 2014 13:17:03 +0000 http://totallyexpat.com/?p=15961 Continue reading ]]> Under a new Dutch government policy, employers in the Netherlands must start paying Knowledge Migrants’ salaries upon arrival regardless of the contract start date or work authorization status.

Employers must start paying Knowledge Migrants’ salaries upon their arrival to the Netherlands, regardless of the contract start date or work authorization status, according to a new policy of the Dutch immigration authorities. 
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According to a law implemented in June 2013, a Knowledge Migrant must provide an expected date of arrival to the Netherlands in the visa application. If this date is not the actual date of entry, the employer must now submit documentation to prove that it started paying the Knowledge Migrant’s salary once he or she actually entered, such as with a letter from the employer, an amended contract, an assignment letter specifying the new start date, or a copy of the flight ticket with a letter indicating the entry date. 

As a reminder, as of January 2014, the minimum monthly salary for Knowledge Migrants is €3,205.44 for those under 30 years of age and €4,371.84 for those age 30 or higher. 

What This Means for Employers and Foreign Nationals 

Employers that change the start date for a Knowledge Migrant should amend the contract prior to the employee’s arrival to the Netherlands to avoid the obligation to retroactively notify the immigration authorities of his or her entry date. 

This alert is provided 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 Worldwide or send an email to emea@fragomen.com

Source: Fragomen

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American Express and Deutsche Bank to speak at Global Mobility Summit http://totallyexpat.com/american-express-deutsche-bank-speak-global-mobility-summit/ http://totallyexpat.com/american-express-deutsche-bank-speak-global-mobility-summit/#comments Wed, 15 Oct 2014 14:34:41 +0000 http://totallyexpat.com/?p=15956 Continue reading ]]> homepage global mobility summit American Express, Deutsche Bank and TNT Express are among the employers that will speak at the EMEA Global Mobility Summit 2014 in London on 7 November.

This flagship event, run by the Forum for Expatriate Management (FEM), brings together influential global mobility professionals, providers, consultants and industry experts from across the UK and Europe.

Other leading speakers from organisations including Cartus, EY, Fragomen and Mercer will share their thoughts on different specialties within global mobility such as tax, immigration, relocation, and cultural awareness.

Employers, such as Kingfisher, Lloyd’s Register and PageGroup, will also share an insight into issues in the world of global mobility and expatriate management.

Also at the event, a host of suppliers will showcase their latest products and innovations at the exhibition, where delegates can benchmark their current services and see what new suppliers have on offer.

The EMEA Global Mobility Summit will be held at the Lancaster London on 7 November 2014.

See the full conference programme and register to attend.

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