Schengen

Panama: New Consular Visa Exemption Eliminates Exemption for EU and Schengen Visa Holders

A new decree replaces the current Consular Visa exemption with a new one only for those holding a valid Australian, Canadian, UK or U.S. multiple-entry visa valid for at least one year from the date of entry and used at least once, for stays up to 30 days initially, renewable twice for 30 days each stay through an in-country process. The previous exemption, allowing EU or Schengen country visa holders to qualify for the exemption as well, has been eliminated.

Luxembourg: EU Intra-company Transferee Work Permit Forthcoming

To comply with the EU Directive on intra-company transferees (ICTs), a proposed law that is set to be implemented in the coming weeks will introduce the new EU ICT Work Permit for non-EU foreign qualified managers and specialists and graduate trainees with at least a Master’s degree sent from a company outside the European Union to an entity in the same corporate group in Luxembourg for a period of more than 90 days.

France: New law significantly changes immigration system

A new law implemented in March with initial provisions effective November 1, 2016 (with a transitional phase) and additional provisions effective January 1, 2017, significantly overhauls the French immigration system, and includes measures to attract skilled foreign talent and increase employer requirements to combat illegal immigration and illegal work.

The most significant changes affecting employers are explained below.

Costa Rica: New visa rules to consolidate visa categories and change certain visa exemptions

The Costa Rican government has issued new visa rules for Non-Residents that will amend the visa requirements and the allowed periods of stay for certain nationalities in Costa Rica on or after December 14, 2016.

The official bulletin is available here (in Spanish) and the most notable changes will include the following:

  • Instead of the current four visa groups, nationalities will be divided into two main groups: visa-exempt nationals; and nationalities that require a consular or restricted entry visa, unless they possess one of following visas or statuses:

Schengen area: New law consolidates border controls in Schengen area

A new law consolidates the Schengen Borders Code, which regulates the entry conditions and border controls of the Schengen area. The law will be implemented within the next 20 days.

The law consolidates at least the following points of the Schengen border rules:

  • Thorough verification of visa nationals’ entry rights, including passport and Schengen visa checks;
  • Examination of entry/exit stamps to verify that the traveller has not exceeded the maximum duration of authorized stay (90 days in any 180-day period in the Schengen area); and
  • Proof of sufficient funds for the duration and purpose of stay.

Third-country nationals who are found to be non-compliant with the above rules may face entry issues.

EU: Temporary border controls introduced and extended

Due to the introduction and continuation of border controls in the European Union, travellers to Denmark, Belgium and other EU countries will need to present travel documents to enter from another Schengen country.

UK: New visit visa for Chinese nationals

A new two-year visit visa for Chinese nationals was launched on Monday 11th January.

The new visa will enable Chinese visitors to make multiple trips to the UK for a longer period, and will provide them with a better deal than the standard Schengen visitor visa, which is limited to 90 days maximum.

British visitors to China will benefit from the same visa arrangement, with the Chinese government reducing its two-year visitor visa fee to the equivalent of £85 and, for the first time, matching the UK’s offer of a 10-year visitor visa.

Immigration Minister James Brokenshire said: “The number of Chinese visitors to the UK is rising year on year and this visa will allow Chinese visitors to further take advantage of the opportunities the UK has to offer for both tourism and business purposes.”

The new visa will cost £85, the same as the existing six month visitor visa.

New border controls and asylum application volume causing delays in EU

Travellers into, out of and within the European Union and the Schengen Area will be subject to general travel and immigration service processing delays due to the influx of refugees, particularly to Austria, Germany, Hungary and Slovakia.  Importantly, Germany introduced border controls yesterday that caused significant delays at entry and exit ports and other countries are continuing to implement controls.  This is particularly relevant to rail and road border crossings; air travel is unlikely to be affected at this time.

Delays and Suspensions

Trains between Germany and Austria were suspended in both directions from Sunday until Monday morning. It is currently not clear how long other border controls will remain in place.

Foreign nationals should be prepared for immigration document checks on roads and trains throughout the European Union.

Foreign nationals seeking permits and visas at immigration offices in EU countries are experiencing long lines and processing delays due to the volume of asylum applications.  Foreign nationals are advised to arrive at immigration offices well in advance of opening hours and should file renewal and other immigration applications well in advance of the deadlines to avoid additional delays.

What This Means For Foreign Nationals

All travellers, including EU nationals, are strongly advised to carry a valid passport and, as appropriate, residence permit or visa if crossing any international border within the European Union, even if passport-free travel is currently permitted. Train and road travel is likely to be significantly delayed and foreign nationals seeking immigration services in EU countries should account for delays and long lines.

Eligible business visitors to Germany benefit from new rule

As of August 1, 2015, non-EEA national business visitors conducting certain business activities will be able to stay in Germany up to 90 days cumulatively within a 180-day period instead of 90 days in a twelve-month period.  This change is in line with the rule for business stays in Schengen countries.

The business visitor activities affected by the change are the following:

  • Attending meetings and negotiations, preparing contract offers, signing contracts and supervising the implementation of contracts for an employer outside Germany;
  • Attending internal business meetings or discussions; and
  • Establishing, auditing, or overseeing an entity in Germany for an employer outside Germany.

Business visitors conducting the following activities are limited to the previous 90 days within a twelve-month period rule:

  • Attending or holding internal seminars or training;
  • Participating in expositions to present and sell company products; and
  • Testing or receiving training for use of equipment and facilities purchased by the employer with a commercial entity outside Germany.

Non-EEA visa nationals must still obtain a visa to enter Germany.

What This Means for Foreign Nationals

Eligible business visitors to Germany should benefit from the new rule as it will allow a longer stay in Germany, and should consult with their immigration professional to determine whether their upcoming business travel is affected by the change.

Courtesy of Fragomen