Intra-company transfer

, ,

Netherlands: EU Intra-company Transferee Permit to be implemented on November 29

, ,

On November 29, 2016, an EU Intracompany Transferee (ICT) Permit will become available for qualified foreign managers, specialists and trainees who are sent from a company outside the European Union to a company in the Netherlands in the same corporate group.

Companies will no longer be able to use the Knowledge Migrant Scheme for such transfers, but the Scheme will still be available for local hires and transferred employees under a Dutch employment contract.

Foreign nationals who hold an EU ICT Permit in one EU Member State will more easily be able to work in other EU Member States under the permit.

,

UK: Immigration rule changes

,

In March this year, the government announced its response to two reviews of Tier 2 undertaken by the Migration Advisory Committee (MAC) in 2015.

At the time of its response, the government said the changes would come into effect in two stages, in autumn 2016 and in April 2017.

Following recent discussions with the Home Office, we understand that the government is working to an implementation date of Thursday 6th October 2016 for the autumn changes.

,

Romania: New law implements intra-company transferee rules

,

Effective immediately, a new law delineates several changes related to intra-company transferees (ICTs) in Romania.

New ICT Permit Category

The new rules introduce the term ‘ICT worker’, defined as a non-European Economic Area/European Union/Swiss national who is transferred to Romania for up to three years as a manager or specialist, or for up to one year as a trainee, by an employer established in a third- country in the same corporate group.  One of the companies in the corporate group must be located in Romania.

,

Luxembourg: Minimum salary increased for several work permit categories

,

Highly-skilled foreign workers must now earn at least EUR 73,296 per year to qualify for Luxembourg’s Blue Card program. The minimum salary for other local hires and temporary intra-company transferees remains EUR 2,307.56 per month.

,

Slovak Republic: Stricter notification and record-keeping rules implemented for employers

,

EU employers who send intra-company transferees to Slovakia must notify the National Labour Inspectorate (NLI) in Slovakia of the transfer no later than the foreign national’s start date, according to a new law that is effective immediately.

,

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.

,

France: New immigration law expected late 2016

,

A new law is expected to reorganize and create new work permit categories, create a work permit exemption for eligible foreign workers on assignments under three months and consolidate residence permit options. The implementation date of the new provisions is expected to be announced in November 2016, along with related process and documentary requirement changes.

,

Romania: Work permit quotas for 2016 announced

,

The Romanian Government has announced that 5,500 spots will be available for foreign workers in 2016, the same number that was available in 2015. The General Immigration Inspectorate will start issuing work authorizations once this information has been published in the Official Gazette of Romania, which is expected to happen within the next few days.

, , ,

UK: Health Surcharge exemption eliminated for Australian and New Zealand nationals

, , ,

On or after April 6, 2016, Australian and New Zealand nationals seeking to stay in the United Kingdom for more than six months or renewing their visa in country will be required to pay the immigration health surcharge as part of their visa application.  In April 2015, the UK government introduced an Immigration Health Surcharge to all non-EEA nationals, which at the time exempted Australian and New Zealand nationals who were in the United Kingdom for a year or less.

Australian and New Zealand nationals will still not be charged for emergency treatment.

,

UK: Tier 2 restrictions proposed

,

The Migration Advisory Committee (MAC) has proposed Tier 2 restrictions including a higher minimum salary level, an Immigration Skills Charge and a greater work experience requirement, among other recommendations aimed at limiting foreign workers in the United Kingdom.

,

UK: Visa fees likely to increase

,

The Home Office presented a new law for approval by Parliament on January 11, 2016 that would raise visa fees over the next four years, in line with its goal to reduce taxpayer contributions toward the border, immigration and citizenship system and ensure the system is fully funded by foreign nationals who use it. Additionally, fee increases for some immigration services are expected to come into force in April 2016.

,

Ireland: National minimum wage increased

,

The national statutory minimum wage increased on January 1, 2016 to EUR 9.15 per hour (EUR 18,556 annually, based on a 39 hour work week), per the National Minimum Wage Order 2015.

Cases Where Increases May Be Required

This regulation affects all workers and will have the biggest impact on foreign nationals under the following types of work authorization:

  • Those where a lower salary threshold is accepted, including the following:                                                                                              
    • Dependant/Partner/Spouse Employment Permit;
    • Internship Employment Permit; and
    • Atypical Working Scheme Authorization.