work permit

Netherlands: Work permit exemption for Japanese nationals to be eliminated

Japanese nationals, who have been work permit exempt following a Judgement of the Counsel of State on December 24, 2014, will once again require work authorisation on or after October 1, 2016, according to an Interpretative Statement issued by the Dutch and Swiss governments.  Therefore, on or after October 1, 2016, Dutch employers will be required to obtain work authorisation for Japanese employees.

Israel: Stricter regulations imposed for foreign workers and experts

A new regulation imposes stricter documentary and salary payment requirements for foreign experts, and process and entry changes for work visa applicants. The following are descriptions of key changes:

Foreign Experts

The regulation distinguishes between expert activities that require academic qualifications, and those that do not. For those who do not require an academic education, the employer must:

China: Work permit sponsors subject to new online pre-approval requirement in Beijing

Sponsoring companies in Beijing applying for work permits must apply for pre-approval online prior to submitting applications to the Beijing Labour Bureau on or after January 4, 2016, according to the Labour Bureau’s announcement of a new work permit application system. 

Philippines: Longer work permit and visa application processing times

The Bureau of Immigration (BI) is implementing internal changes that will likely delay work permit and visa application processing times.

Summary of Internal Changes

  • The BI will revert to the previous practice of issuing Orders of Approval/Denial (in addition to approving Consolidated General Application Forms).
  • Hearing schedules for visa applications will go through a raffle regardless of what is indicated in the receipts. The results will be final and will be posted outside hearing officers’ rooms.
  • Pending applications endorsed by the Visa and Special Permits Task Force will now be sent to the Board of Commissioners for appropriate action.

Commissioner Siegfred Mison remains the BI Chief Commissioner and letter requests should still be addressed to him.

What This Means for Employers and Foreign Nationals

Employers and foreign workers should plan for longer work permit and visa application processing times in the near future.

Belgium: New minimum salary levels announced for Brussels and Flemish regions

Effective January 1, 2016, the minimum base salary for several work permit categories will increase. Regional authorities for Brussels and Flanders have provided unofficial salary figures for 2016, but authorities for Wallonia have yet to do so. Until the 2016 salary thresholds are published officially, they remain subject to change.

Kazakhstan: Rules restricted for multiple-region travellers

Employers will no longer be able to expand the coverage area of their work permits from the original region to two or more cities or regions, due to the approval of recently-announced Work Permit rules changes.  The amended rules are expected to be published and effective in the next few weeks.

Once the rules are effective, foreign workers will not be able to remain in a region other than the one under which their work permit was granted for more than 90 days. Although this restriction is not meant to apply to time spent in other regions for personal reasons, authorities reserve the discretion to track such trips.

What This Means for Foreign Nationals

Because nationwide work permits are not an available option, employers planning to send employees to work in multiple cities or regions are advised to consult with their immigration professional about the best course of action on a case-by-case basis.

South Africa: Work permit applications delayed at South African Mission in India

Foreign nationals submitting work permit applications in India during the past two months have experienced significant processing delays due to the absence of the adjudicator of the Mumbai South African Mission in India. Additionally, because the South African Mission in New Delhi has been assisting with work permit processing, services at the New Delhi Mission are also delayed. 

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.

Israel: Short-term work permit validity extended

The validity of the Short Employment Authorization (SEA) visa has been extended from 30 to 45 days per calendar year, according to an announcement by the Work Permit Unit and the Ministry of Interior. Thirty-day SEA visas will no longer be issued. Temporary regulations for the program have been published and will remain valid until July 31, 2016.

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.

Work permit exclusions to be expanded in the Phillipines

Certain corporate officers and executives are eligible to be excluded from the Alien Employment Permit (AEP) documentary and process requirements starting September 28, 2015. Additionally, the Department of Labor and Employment (DOLE) will publish foreign workers’ information to allow for an objection period, and foreign workers will need to conduct an understudy training program to transfer their knowledge to two Filipino workers. 

Excluded Categories of Foreign Workers

The new exclusions from the AEP documentary and process requirements include:

  • Foreign nationals elected as members of a governing board who only have voting rights and do not occupy other positions;
  • Corporate officers assigned under the Corporation Code (such as the corporate president and treasurer), as long as they do not perform management or operations functions in the company; and
  • Intracompany transferees holding executive, managerial or specialist positions (as defined in reciprocal country agreements) provided that they have been previously employed by the foreign sending company at least one year prior to deployment to the Philippines.

Additional categories of foreign workers have also been identified as excluded from the AEP requirement (including consultants without a Philippine employer and contractual service suppliers), but it is not yet clear how these categories will be further defined or implemented by the DOLE.

New Understudy Requirement

Foreign nationals will be required to conduct an understudy training program to transfer their knowledge to two counterpart Filipino workers. This is an additional requirement that must be submitted to support an AEP application.  The DOLE has not yet confirmed the details of the training program.

New Publication Requirement

The DOLE will publish the foreign workers’ names, positions, job descriptions, qualifications, monthly salary ranges and other benefits (if any), along with other employer information, on the DOLE website, in the Public Employment Service Office and in a newspaper of general circulation for 30 days. This posting period is meant to allow Filipino workers the opportunity to file an objection to the foreign worker’s employment with the DOLE. An AEP can be revoked if there is a meritorious objection.

What This Means for Employers and Foreign Nationals

Employers and foreign workers should be prepared for longer work permit processing times due to the implementation of the new rules.

Canada - Employers advised to initiate work permit extension applications 180 days in advance of expiration

Citizenship and Immigration Canada (CIC) will now accept inland work permit, study permit and visitor record extension applications more than 90 days from expiration. This is due to swift and significant increases in the typical processing time for extension applications.

CIC’s informal policy in the past has been to advise against foreign nationals filing inland extension applications outside of 90 days from the date of expiry. However, CIC has confirmed to Fragomen that it now has no objection to inland extension applications being submitted earlier to account for the current processing times.

The processing time for an extension application filed online at CIC’s Case Processing Centre in Vegreville, Alberta (CPC-V) is currently 114 days – more than double the processing time in April of this year.

What this means for Foreign Nationals

Employers and foreign nationals should begin reaching out to their immigration professionals to begin extension cases at least 180 days prior to the expiration of current work permits or other temporary resident status documents, particularly those who have work permits based on Labour Market Impact Assessments.

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.