Foreign workers

UK: Sponsors’ document retention rules relaxed

In an effort to ease the administrative burden on sponsors of foreign workers and align UK immigration obligations with document retention obligations imposed on UK employers, UK Visas and Immigration (UKVI) has reduced the period of time for which sponsors must retain documents for their sponsored migrant workforce.

Specifically, sponsors must abide by the below new document retention rule, whichever is shorter:

Italy: New obligations forthcoming for foreign companies posting foreign workers

On or after December 26, 2016, according to a policy change, EU and non-EU employers seconding employees to Italy will be required to submit an online notification through the Labour and Social Policy portal, report any updates to their employees’ information within five days of the change, maintain employee documentation for up to two years after the assignment end date and appoint a company representative.

US: New USCIS regulation eases job portability for employer-sponsored foreign workers

USCIS is set to publish a new regulation that is intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence.  The new rule, which takes effect on January 17, 2017, also establishes grace periods for nonimmigrant workers before and after their employment and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

Canada: Improvements to Express Entry program and international mobility programs announced

Several planned changes were announced for the Express Entry and International Mobility programs at the annual Canadian Bar Association Immigration Section Conference in Vancouver, held last week.  Fragomen Canada’s attendance at the Canadian Bar Association conference allowed Fragomen to voice client opinions and concerns about future immigration policies. Key changes and findings are discussed below.

Netherlands: Rules amended for recognised sponsors

New rules implemented by the State Secretary of Security and Justice subject recognized sponsors – those that can sponsor highly-skilled migrants – to sponsorship withdrawal if they do not employ foreign workers, and create a new exemption from the standard points-based analysis for prospective recognized sponsors established for less than 1.5 years, among other changes.

Austria: New document retention requirements; general enforcement increased

Immigration authorities have implemented a new requirement for employers of foreign nationals to store diplomas and resumes at the Austrian work site and are increasingly enforcing document retention requirements and implementing fines for non-complying companies.

UK: Response to Advisory Committee recommendations announced

The Home Office has approved several policy changes recommended by the Migration Advisory Committee with the aim of substantially reducing skilled foreign workers entering the United Kingdom.

Azerbaijan: Quota system implemented for work permits

A work permit quota system has been implemented in Azerbaijan. Prior to the start of each new year, the Cabinet of Ministers will announce the quota for foreign workers for the following year.

Quota Process

To comply with the new law, employers that intend to hire foreign nationals in Azerbaijan must follow the below process:

Nigeria: Status verification exercise requires personal appearance by company representative

Between March 14 and March 31, 2016, companies that employ foreign workers under Combined Expatriate Resident Permit and Aliens Card (CERPAC) status must present documentation to one of the CERPAC Production Centres, according to an announcement by the Nigeria Immigration Service.

Employers’ representatives must bring the following documents to one of the CERPAC Production Centres on behalf of each foreign worker:

Germany: Application process streamlined for employment and family reunion visas

The Federal Government has amended visa application procedures for work and family reunion entry visas in an effort to streamline applications for foreign workers and their families and to minimize the discrepancy in processing times between work and family reunion visas. The amended rules became effective December 29, 2015.

The Elimination of Local Approval Step

The new rules eliminate a local immigration authority approval step that has in the past increased processing times by many weeks.  Therefore, the following benefits should occur:

Canada: Provincial nomination intake re-opened for Alberta and British Columbia

The provincial governments of Alberta and British Colombia have re-opened the nomination streams and categories under the Alberta Immigrant Nominee (AINP) and British Columbia Nominee Programs (BC PNP), respectively, after the programs’ quotas were reached for 2015.

The programs offer foreign nationals and their spouses or common law partners and dependent children permanent residence.