Australia: Purchase of housing for 457 visa holders increased from 1st December
From 1 December 2015 there will be a fee for all foreign investment applications, including 457 visa holders who wish to purchase a house in Australia.
For a property where the value is up to AUD $1 million, the 457 visa holder will pay the Australian Government an extra AUD $5000 AUD. This fee will increase according to the value of the property purchased and the relevant fees are tabled below.
Why is this happening?
Due to the recent increased scrutiny of overseas citizens purchasing property in Australia without seeking FIRB (Foreign Investment Review Board) approval, it has come to the attention that there has been abuse of the process.
The Australian Government needs money and 457 visa holders are not permitted to vote and so the Australian Government have provided $47.5 million over four years to the Australian Taxation Office (ATO) to improve compliance and strengthen the enforcement of these rules.
What does this mean for foreign national and employers?
A Fact Sheet provided by FIRB giving full details of the penalties can be found here.
Brazil: Higher minimum investment for investor visas
New rules for investor visas raise the minimum investment amount and create an exception that allows lower investment amounts.
Higher Investment Requirement
The minimum investment amount is now BRL 500,000 (approximately USD 130,000) instead of the previous BRL 150,000 (approximately USD 40,000).
Acceptance of Smaller Investments
The National Council of Immigration may also now accept investments between BRL 150,000 and BRL 500,000 for activities that involve innovation, technology and scientific or technological research. The Brazilian enterprise receiving the investment must meet one of the following conditions:
- have received innovation-related investment, financing or resources from a government institution;
- be located in a designated technology park;
- qualify as a finalist in a government program sponsoring start-ups;
- qualify as a facility that offers start-up businesses a place to grow (“business incubator”); or
- have benefited from a specific program that encourages start-ups ("start-up accelerator").
This type of application will require specific documents that prove the company's scientific or technological work on the project.
Investor Visa Terms Remain Unchanged
Foreign investors under the visa are still eligible for an initial three-year stay with the possibility of renewal if the investor can prove that he or she is still acting in the same capacity as indicated on the Investment Plan of the original visa application.
What This Means for Employers and Foreign Nationals
Foreign investors should be aware of the higher investment requirement and should contact their immigration professional to discuss visa eligibility.
Austria: Increased audits by immigration authorities
Employers with foreign employees in Austria should be prepared for increased audits by the Austrian authorities to check compliance with various tax payments such as income, corporate, social security and goods and services tax (VAT), and to ensure that a branch office or permanent place of business has not been established by the sending company, which would subject the sending company to Austrian corporate tax payments.
Ireland: In-person re-entry visa applicants must use new online appointment system
Foreign nationals filing re-entry visa applications in person in Dublin must now book an appointment online and can no longer walk in without an appointment. This service replaces the previous queuing and ticketing system at the Re-entry Visa Public Office in Dublin, located at Burgh Quay.
Australia: Changes to 457 visa program to take effect 1 December 2015
The Department of Immigration and Border Protection has announced changes to the 457 program to strengthen work agreement and enterprise agreement requirements, and provide further clarification on existing 457 visa conditions. The changes will take effect from 1 December 2015.
From 1 December 2015, changes to the 457 visa regulations will be implemented to clarify and strengthen existing policy in relation to work agreements, enterprise agreements and some 457 visa conditions. These changes are largely a response to the negotiation and implementation of the China-Australia Free Trade Agreement (ChAFTA).
Australia: New medical exam standards to delay visa processing times
Foreign nationals submitting Australian visa applications and those with pending applications where medical examinations have not been undertaken will be subject to new medical examination standards on or after November 20, 2015, according to announced changes by the Department of Immigration and Border Protection. Additionally, the streamlined health examination process for subclass 457 visa applicants will be eliminated on that date. Applicants will likely face longer visa processing times when the new requirements are implemented.
Australia: Changes to health requirements for all Australian visas to take effect on 20 November 2015
The Department of Immigration and Border Protection has announced a number of changes to health requirements for Australian visa applications, to take effect from 20 November 2015. As part of the changes, a new health matrix will be issued determining who is required to undertake medical examinations. The changes will also abolish streamlined health processing arrangements for 457 visa applicants which can affect the processing times.
New Zealand: Policy rewards workers outside of Auckland; clarifies entrepreneur visa criteria
Policy changes effectuated November 1, 2015 to the Skilled Migrant Category (SMC) and the Entrepreneur Work Visa category support regional development outside of Auckland. Additionally, the policy changes clarify investment criteria under the Entrepreneur Work Visa category.
Extra Points for Work Outside of Auckland
Applicants under the SMC and Entrepreneur Work Visa categories can obtain additional points under the points-based system if they work or operate a business outside of Auckland. The points award has increased from 10 to 30 under a SMC application and from 20 to 40 for an Entrepreneur Work Visa application
Indonesia: Most new work permit policies reversed
The Ministry of Manpower (MOM) has issued an amended regulation that reverses most of the controversial new requirements issued in July (which had been implemented progressively since then). Among other changes, the local to foreign worker ratio and the rule for non-resident directors and commissioners to obtain a work permit have been removed.
South Africa: Amendment brings eased visa application methods and clearer child travel rules
The Department of Home Affairs has approved the Cabinet’s decision regarding suggestions to improve and clarify the immigration regulations implemented in May 2014, and has in turn amended the law to make compliance easier. The amendment brings eased application methods for foreign nationals required to apply in person for South African visas and clearer entry and exit rules for those travelling with minors. Additionally, the DHA is considering implementing various streamlined visa programs and a visa-on-arrival program.
Israel: New visa category introduced for pre-approved technology companies
A new visa category called the Entrepreneur High-Tech visa will be available to certain foreign workers that arrive in Israel to work at one of twelve established and pre-approved technology companies, according to an announcement by the Ministry of Economics. The main benefit of the visa is that it will most likely will not require company sponsorship and there will be no minimum salary.
According to the announcement, fifty Entrepreneur High-Tech visas will be available. The Entrepreneur High-Tech visa will be valid up to two years, with the possibility of renewals for those who will start a company.
Mozambique visa entry requirement and repatriation deposit implemented
A new law requires foreign nationals to start working in Mozambique within 60 days of the issuance of their work visa and requires employers to pay a repatriation deposit on behalf of the foreign worker and his or her family. The new law also allows work visa holders to enter Mozambique multiple times until the end of their employment contract.
Simpler and faster entry process into the Netherlands
As of October 1, 2015, eligible visa nationals seeking to stay and work in the Netherlands for longer than three months will see a simpler and faster entry process as more Entry Clearance Visa for Long Term Stay (MVV) exemptions have been introduced. Eligible workers include those with a valid residence permit in another Schengen country who will work for an accredited sponsor (such as knowledge migrants), those providing services under the Vander Elst exemption and those applying for a start-up entrepreneur residence permit within the Netherlands.
Kuwait approves plan to increase expat visa fees
Kuwait Interior Ministry has approved a proposal to increase expat fees for visas in the country.
The Interior Ministry’s assistant undersecretary for Nationality and Residency Affairs, Major General Sheikh Mazen Al-Jarrah Al-Sabah, said the approval will see expat fees increase for visit and tourist visas, temporary residency, self-sponsorship and family dependency visas.
Extensions limited for work permits and B-1 visas in Israel
Employers of foreign experts under work permits and B-1 visas can no longer extend such visas beyond 63 months, according to instruction to the Ministry of Interior by the Ministry of Finance and the Ministry of Economy. Prior to this policy change, extensions were allowed in exceptional cases. This instruction is expected to indefinitely delay pending work permit and B-1 visa extension applications.
The relevant ministries are re-evaluating the current extension process and further policy changes are likely.
What This Means for Employers and Foreign Nationals
Those with pending applications should contact their immigration professional to discuss the potential impact of this policy change.
South African online visa portal unavailability likely to cause delays
The Visa Facilitation Services (VFS) online portal’s current unavailability due to system maintenance is impacting visa appointment scheduling capabilities and the ability to complete online application forms. This is also likely to delay existing appointments since appointment confirmation forms need to be accessed and printed.
The online visa status tracking function is also currently unavailable, making the status of pending applications inaccessible at this time.
Additionally, visa application centers are currently unable to process submissions as their internal system is also offline. As such, existing appointments may need to be rescheduled.
VFS has not yet advised when the online portal will be accessible nor has it provided an update on the steps that will be taken to mitigate missed appointments.
What This Means for Foreign Nationals
Visa applicants using the VFS system or seeking services at visa application centers should account for likely travel and start date delays.
Streamlined subclass 457 visa processing for trusted sponsors in Australia
As part of the ongoing reform of the subclass 457 program, and based on the recommendations submitted to the Australian government by stakeholders, the Department of Immigration and Border Protection has announced that it plans to implement a streamlined subclass 457 visa application process for trusted sponsors. It is anticipated that these changes will come into effect in late 2015.
The stakeholders recommended a tiered processing framework in which low-risk applications from low-risk sponsors qualify for status as an Accredited Sponsor to receive streamlined processing and reduced documentary requirements.
Qualification Criteria of an Accredited Sponsor
The criteria for qualifying as an Accredited Sponsor will be amended to place the primary focus on a long history of sound compliance instead of a combination of other factors such as volume of applications and quotas of Australian staff relative to subclass 457 holders. This will increase the number of qualifying sponsors and serve as a further incentive to ensure compliance with the subclass 457 visa program.
Factors that are currently assessed at the time of each nomination application - such as occupations and salary bands that the sponsor uses and whether the visa applicant is an intra-company transfer - will instead be assessed at a pre approval stage.
What This Means for Employers
Employers qualifying for Accredited Sponsor status should benefit from a faster and easier application process. Interested employers should contact their immigration professional to discuss the eligibility criteria.
Courtesy of Fragomen.
Kenya eVisa program details released
Effective September 1, 2015, single-entry business visitors and tourists, as well as travellers transiting through Kenya, must apply for eVisas in advance of their travel on the Kenya eVisa website, as the grace period for the cessation of the visa-on-arrival program ends on August 31, 2015. Applicants can find out whether they are eligible for the eVisa program here.
How to Apply for an eVisa
Eligible applicants can use the online systemto create login details, fill out an online application form and pay a non-refundable fee. Upon successful payment and form submission, the applicant will receive an eVisa document by email within two to three days, or less. Visa nationals must present this eVisa printout upon arrival.
Once issued, the eVisa is valid for travel within 90 days from the date of issue. The Immigration Officer at the port of entry will determine the length of stay in Kenya (usually a maximum of 90 days, which may be extended at the Immigration Department in Kenya for another 90 days).
Special Exceptions
Manual visa applications will not be accepted in Kenyan consular posts except for Referred Visa Nationals, who should continue to apply through Kenyan consular posts in their countries of residence or through their host companies in Nairobi, and for those applying for Multiple Journey Visas.
What This Means for Foreign Nationals
Some foreign nationals will have an additional administrative step before they can enter Kenya, as the visa-on-arrival program will end on August 31, 2015.
Courtesy of Fragomen.
Significant visa, work & residence permit processing delays in Germany
While the German government deploys resources to aid increasing numbers of asylum seekers, foreign nationals with pending immigration appointments, pending applications filed with immigration offices, pending family reunion visas and work visa applications that require immigration office approval in Germany may experience delays up to several weeks.
Visa-exempt nationals, such as those from Australia, Israel and the United States, who can apply for a work and residence permit in Germany without an entry visa, should consider applying abroad for an entry work visa, which can be converted into a work permit after arrival in Germany. This way, the foreign national will not need to attend an appointment immediately upon arrival in Germany and will be able to work immediately upon arrival.
What This Means for Employers and Foreign Nationals
Employers and foreign nationals should account for significant processing and appointment delays in Germany, which could delay start dates and travel plans.
Courtesy of Fragomen.