Czech Republic
The Ministry of Labour and Social Affairs in the Czech Republic has confirmed that non-European Union family members of an EU (or EEA/EFTA) citizen resident in the Czech Republic can work before their temporary residence permit is issued, if they can prove that an application for temporary residence has been submitted.
What Has Changed?
Previously, non-EU family members of EU citizens resident in Czech Republic had to wait until they had obtained the temporary residence permit before entering the labour market. The new regulation therefore reduces processing times prior to starting work for these dependents. This may make Czech Republic a more attractive destination for EU assignees with non-EUdependent family members who wish to work.
Which Nationalities are Affected?
The confirmation from the Ministry affects all non-EU/EEA/EFTA national dependents of EU/EEA/EFTA nationals.
The EU is the European Union, which currently has 28 member states.
The European Free Trade Area (EFTA) is a bloc of four countries – Switzerland, Iceland, Norway and Liechtenstein.
The European Economic Area (EEA) includes the 28 EU member states apart from Croatia, as well as Iceland, Liechtenstein and Norway from EFTA, but not Switzerland.
Action Points
Note the reduced processing time before starting work for non-EU national dependents of EU/EEA/EFTA nationals, and inform assignees/employees of the new benefit.
European Union
January 1, 2014 sees full freedom of movement across the European Union (EU) granted to nationals of Bulgaria and Romania. László Andor, EU Commissioner responsible for Employment, Social Affairs and Inclusion, commented, in an address in Berlin on March 30, 2011: The freedom of movement for workers is a fundamental principle of the European Union. Together with the free movement of goods, services, and capital, it is a cornerstone of the Single Market, and has contributed to the success of the European project.
What Were Transitional Measures?
In the Accession Treaty of 2005, which concerned the implementation of the 2007 EU enlargement, existing EU member states were given the right to impose transitional measures on Bulgaria and Romania, the two new EU member states, prior to granting full freedom of movement and employment rights. Such transitional measures were limited to seven years in total: an initial period of two years, and extension of a further three years, and then a further and final extension of two years only if proof could be provided that the entrance of workers from the new member states would have a seriously negative impact on the labour market of the host country.
What Is Changing Now?
It is now seven years since January 1, 2007, and so all EU member states are legally required to remove any transitional measures in place and grant full freedom of movement to nationals of Romania and Bulgaria. Several countries removed restrictions over the course of the last seven years, so in fact, the countries removing restrictions now are as follows:
Austria
Belgium
France
Germany
Luxembourg
Netherlands
Spain
United Kingdom
What About Switzerland?
Switzerland is not a member of the EU, but has signed various multilateral treaties regarding freedom of movement with the EU. However, Romanian and Bulgarian nationals will still be treated, for immigration purposes, like non-EU nationals until further notice.
Croatian Nationals
Note that Croatia did not join the EU until 2013 and therefore transitional measures are still in place throughout much of the EU regarding work permission for Croatian nationals and will likely continue until 2020. Several EU countries have removed the requirement for work permits for Croatian nationals; predominantly those countries that have themselves recently acceded to the EU, either in 2004 or 2007.
Registration Requirements
It is important to note that, even where full freedom of movement has been granted, many EU member countries still require EU residents to take action: for examples, registering at the local authorities, notifying the labour authorities, or obtaining a residence certificate. Requirements are not onerous but it is important to be aware of them and to complete necessary formalities.
Action Items
For employers, this is good news – the removal of work permit requirements means less administration for you.
Note that full freedom of movement, including work permission, across the EU will be granted for Romanian and Bulgarian nationals from January 1, 2014
Note that registration formalities may still need to be completed; contact Peregrine for further information.
Hong Kong
The Hong Kong Immigration Department has announced that, effective December 2013, non-permanent residents will be issued with landing slips on arrival in Hong Kong rather than having the visas in their passports stamped.
Landing Slips
Landing slips are small pieces of paper which should be kept with the foreign national’s passport. An image is available at the Hong Kong Immigration Department website here.
What Happens If It Gets Lost?
The Hong Kong Immigration Department makes it clear in their announcement that the loss of a landing slip will not affect departure clearance formalities. However, since the landing slip shows the holder’s immigration status in Hong Kong, it should be help carefully for compliance purposes. If it is lost or badly damaged, a replacement may be requested free of charge from the Extension Section, Immigration Department, 5/F, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong.
Who Is Affected?
Landing slips have been issued in lieu of entry stamps for visitors to Hong Kong since March 2013. The new change rolls this procedure out to all non-permanent residents. Note that landing slips will be issued on first arrival to Hong Kong only (apart from for foreign students, domestic workers’ and workers under the Supplementary Labour Scheme, who will be issued with landing slips on each entry to Hong Kong). Eligible non-permanent residents may continue to use the e-Channel service and are unaffected by the new procedure.
Action Items
Note that landing slips, effective immediately, will be issued to all non-permanent residents instead of entry stamps being placed in travel documents
Notify assignees to Hong Kong and remind them that it is important to keep the landing slips safely as a record of their immigration status and compliance in Hong Kong.
Japan
On December 24, 2013, the Justice Ministry of Japan eased the requirements for highly skilled foreign professional status to encourage more foreign nationals to apply for the under-used scheme.
Revised Criteria
The minimum qualifying salary has been reduced to JPY3 million for applicants of any age, and scrapped altogether for academic research.
Income from an overseas employer will now count towards the minimum qualifying salary requirement.
Applicants whose planned stay is below one year will also be entitled to apply for this status.
More points are now awarded for a high level of Japanese language proficiency, an MBA, or a degree at a higher education institution in Japan.
More points are now awarded for working for a small or medium-sized organisation which receives financial support to assist with innovation.
More points may also be awarded for applicants working in companies which spend at least 3% of total revenue on experimental and research activities.
More points are now awarded for advanced academic research activities.
The minimum salary required to sponsor a dependent parent to move to Japan has been reduced, from JPY 10 million to JPY 8 million (approx. USD 77,000); and the minimum salary required to sponsor a domestic worker has also been reduced, from JPY 15 million to JPY 10 million (approx. USD 96,000).
The income of the highly skilled professional’s spouse now counts towards the minimum salary requirement for sponsoring parents and domestic workers.
Background
Under the points-based system, introduced in May 2012, foreign nationals may be given preferential immigration treatment according to their skills, experience and salary. Applicants scoring more than 70 points have access to special visa status, including the right to work regardless of visa status, an extendable five year stay, work permission for a spouse, a fast track to permanent residence and the right to sponsor parents and domestic workers for immigration. However, the route has been criticised for failing to attract enough highly-skilled workers, with only 700 applicants as of September 2013, compared with the 2000 qualifying workers targeted by the Ministry of Justice at launch.
Action Points
Note the new, looser criteria for highly-skilled professional status and consider following this route for qualifying employees.
Mexico
With effect from January 1, 2014, minors under the age of 18 travelling out of Mexico without a parent or guardian will require special permission to leave the country.
How Does This Affect Me?
The measure applies to both Mexican and foreign national minors (under the age of 18) with permanent or temporary residence in Mexico. It is expected that the new provision will be enforced not only by immigration authorities at the port of exit from Mexico but also by airlines, etc., as air, land and maritime transportation companies will be liable for financial penalties if found to be carrying passengers who are non-compliant with the new provision. Note that if the minor is travelling with at least one of his/her parents or guardians, the permission will not be required.
How is the Permission Obtained?
The parents or guardians of the minor who wishes to leave Mexico must grant permission in writing, which must be either notarised by a notary public in Mexico or, if the permission is prepared abroad, it must be legalised or Apostilled for use in Mexico. Upcoming reforms will likely provide an alternative route for obtaining permission directly from the National Migration Institute (INM), without going before a notary public. However, the details of this process will not be finalised and published until after 2 January 2014.
Background
This regulation was originally issued after the entry into force of the Migration Act in November 2012. However, its implementation was suspended in early 2013, until now, to promote and facilitate tourism.
Action Points
Ensure that any minor dependents under the age of 18 travelling out of Mexico without parents/guardians have the required notarised permit.
Netherlands
1. Birth Certificates for Principal KM Applicants No Longer Required
The requirement to submit the principal applicant’s birth certificate in support of registration added considerable administration to applications, as the birth certificate needed to have been issued within the 90 days preceding the application and needed to be legalised or Apostilled for use in the Netherlands. The process of obtaining a new birth certificate and then legalising or Apostilling it often, depending on the country of issuance of the birth certificate, took several weeks or even months. The removal of this requirement for Knowledge Migrant applicants registering via the Expatcentre in Amsterdam is therefore significant. Note that legalised/Apostilled birth certificates will still be required for registration for accompanying children and also for EU nationals.
2. Biometric Scanners Introduced from Feb 2014
As for all EU members, the Netherlands is required to introduce residence permits with a biometric component (in this case, a biometric photograph and a chip containing fingerprint details) according to EC regulations 1030/2002 and 380/2008. All European Union member states were required to implement biometric residence permits by 1 May 2011 and most have done this or are in the process of implementing it. The biometric residence permits are supposed to be more secure than previous documents, plus must be issued in a uniform format across the EU. From 1 February 2014, the IND and the Expatcenter in the Netherlands will begin working with biometric scanning devices to record and read photographs and fingerprints.
Applicants Requiring Entry Visas
All applicants requiring a temporary residence permit (MVV) should visit the embassy or consulate of their home nation to have a photograph taken and their fingerprints recorded. This data will then be sent to the IND so that the residence card can be created. When the highly skilled migrant visits the Expatcenter to collect their card, they will have their fingerprints scanned once more as verification.
Visa Waiver Applicants
Applicants who do not require an MVV can have their photograph and fingerprints recorded at the Expatcenter on arrival in the Netherlands. Their card will be available to collect after three working days.
3. BSN Number for Short Term Assignments from the Expatcenter
Finally, the Expatcenter has announced that from 6 January 2014, applicants in the Netherlands for short term assignments (four months or less) will be able to apply for their personal public service number (burgerservicenummer, BSN) directly at the Expatcenter at the time of registration, by registering in the newly created Registry for Non-Residents (Registratie Niet Ingezetenen, RNI). It will also be possible to register in the new Registry at the Immigration Department at Amsterdam City Hall. Previously, these applicants had to request a social security number from the Dutch Tax Office (Belastingdienst).
Action Items
Note that birth certificates are no longer required for principal Knowledge Migrant applications at the Expatcenter in Amsterdam (although are still required for accompanying children or for EU nationals registering)
Note that from February, biometric scanners will be in use at the IND and at the Expatcenter, and notify employees accordingly
Note that BSN numbers can now be obtained for short term assignments at the time of Expatcenter registration; notify colleagues in the Netherlands of this improvement.
4. Minimum Salary Levels for 2014 Announced
The Dutch immigration authorities have announced the new minimum salary levels to take effect from 1 January 2014 for knowledge migrant workers (aka Highly Skilled Migrants) and Blue Card applicants coming to the Netherlands. In addition to minimum salary levels increasing, there is a change in the way minimum salary levels must be calculated and paid – effective immediately, salaries must meet minimum monthly pro-rata levels and must also be paid directly into the bank account of the foreign national.
The new minimum salary levels are as follows:
Knowledge Migrants aged over 30: €52,462.08EUR per annum (up from €52,010).
This must be paid in monthly instalments of at least €4371.84EUR/month (this amount includes 8% holiday pay).
Knowledge Migrants aged under 30: €38,465.28EUR per annum (up from €38,141)
This must be paid in monthly instalments of at least €3205.44EUR/month (this amount includes 8% holiday pay).
Persons who have graduated in the Netherlands within the last 12 months: €27,565.92EUR per annum (up from €27,336)
This must be paid in monthly instalments of at least €2297.16EUR/month (this amount includes 8% holiday pay).
Blue Card Holders: €61,469.28EUR per annum
This must be paid in monthly instalments of at least €5122.44EUR/month (this amount includes 8% holiday pay).
Monthly Payments
Effective immediately, payments must be meet the minimum monthly amounts stated above, which include 8% holiday pay. Payments must also be made directly into the bank account of the foreign national, and the onus is on the employer to prove that such payments have been made and meet monthly requirements. Failure to be compliant with this new rule may result in fines of up to €12,000EUR per violation. Frequent audits by the Ministry of Social Affairs and Employment (SZW – Ministerie van Sociale Zaken en Werkgelegenheid) are expected.
Affected Applications
The new salary criteria applies only where the application for the regular provisional residence permit (Machtiging Voorlopig Verblijf or MVV) has not been made prior to 1 January 2014. For applications made prior to this date, the 2013 salary criteria apply. It is not necessary to adjust salaries of existing Knowledge Migrants in the Netherlands unless applying for a renewal of the residence permit. The new levels apply only where an application, either for a new residence permit or a renewal of an existing residence permit, is made.
Per Diems and Allowances
Per diems and allowances may only be included if they are guaranteed and stated in the employment contract.
Market Salary Rate
It should be noted that salaries must also meet the market salary rate for the specific position. If the Immigration and Naturalisation Service (the IND) consider the suggested salary to be less than sufficient, they can ask the UWV Werkbedrijf (the body that provides opinions on behalf of the Dutch Ministry of Social Affairs and Employment (SZW) for an opinion. Additional justification for the salary level would likely be requested from the prospective employer. Applications which do not meet market conditions as adjudicated by the UWV Werkbedrijf will be rejected.
Action Points
Note new minimum salary levels for 2014 and note that payments must now meet minimum monthly requirements.
Switzerland
The Swiss government has decided that the quotas for highly qualified workers from non-European Union/European Free Trade Agreement countries, as well as for assignees from EU/EFTA countries, will remain unchanged in 2014, although there is a new, separate quota for Croatian nationals. Additionally, there are some as further minor regulatory changes.
How does This Affect Me?
Employers in Switzerland can plan to hire the same number of non-EU/EFTA highly-qualified workers in 2014 as in 2013, and in addition can hire Croatian nationals under a new, separate quota.
Which Work Permits are affected?
The quotas cover L permits, issued for four to twelve months, and longer-term B permits, valid for one to four years. The quotas are set on a national, rather than per-company, basis.
2014 Quotas for Non-EU/EFTA Nationals
In 2014 companies in Switzerland can recruit foreign national specialists from non-EU/EFTA countries up to the following national quotas:
5000 L permits;
3500 B permits.
2014 Quotas for EU/EFTA National Assignees
The quotas for assignees from EU/EFTA countries to Switzerland for more than 90 and for more than 120 days have also remained the same as for 2013:
3000 L permits;
500 B permits.
Special Quota for Croatian Nationals
The Swiss government has also decided that the following quota will be granted for Croatian nationals until further notice:
450 L permits;
50 B permits.Note that the qualifying criteria for these permits are at this point still the same as for non-EU nationals.
Further Changes
It was also announced last month that, as of 1 December 2013, non-EU citizen family members of EU/EFTA nationals and Bulgaria and Romania must obtain biometric residence permits instead of paper-booklet residence permits. For those who are already in Switzerland the permit booklets will be exchanged for permit cards at the time of renewal. A personal appearance will therefore be necessary to submit biometric data. Further, the Swiss government has decided on a partial revision of the regulation (VZAE) to the Foreigner Act (AuG) with the aim of determining that the data shared between the authorities dealing with migration, and those handling unemployment benefits, will be regulated with a view to counteracting abuse of the system.
Action Items
Note that the quotas in these categories have not changed, and that Croatian nationals count towards a new, separate quota.
Plan, as always, to submit work permit applications in good time.
Arrange for non-EU citizen family members of EU/EFTA nationals and Bulgaria and Romania to submit biometric data in person, for new and renewal residence permit applications.
United Arab Emirates
The Dubai Health Authority (DHA) has announced details of a new law requiring employers to provide health insurance for their employees, and making health coverage a requirement for new and renewal residence visa applications.
Who is Affected?
Employers will be liable only for the cost of providing cover to their staff, who in turn will be responsible for insuring spouses, dependents and domestic workers by June 2016.
Companies in Dubai with 1000 or more employees must provide health cover for them by the end of October 2014.
Companies with from 100 to 999 employees must provide health cover for them by the end of June 2015.
Companies with less than 100 employees must provide health cover for them by the end of June 2016. Also by this date, all spouses, dependents and domestic workers will have to be covered.
Under a separate scheme, visitors to Dubai will also be required to purchase health insurance on arrival. Further information about this procedure is expected in the near future.
Further Details
According to the DHA, the average cost of providing basic health insurance for employees will be approximately Dh500 to Dh700 per person (approximately USD$135 – 290). All employers are responsible for providing health insurance cards for their employees, which will be valid for one year and must be renewed annually. Employers who fail to provide adequate health insurance from a registered provider face fines of between Dh500 and Dh500,000, among other penalties.
Action Items
Plan to provide adequate health insurance to all employees in Dubai, and optionally their dependents, by the appropriate deadline.
Ensure that health insurance is valid at the time of new and and renewal visa applications.
United Kingdom
The UK government has announced that, from 31 December 2013, pre-application Tuberculosis (TB) screening is required for those travelling for more than six months to the UK from 52 additional countries, including China, Hong Kong, Macau, South Korea, Russia and Nigeria.
Who has to undergo screening?
The full list of additional countries is specified here. Residents of the listed countries who wish to travel to the UK for longer than six months must be screened and a certificate obtained from an approved clinic to demonstrate that they are free of TB before making a UK visa application. This includes applicants for a six month fiancé(e) visa, as applicants in this category must demonstrate their intention to remain in the UK for longer than six months. It does not include people applying for two, five and ten year visitor visas, because the maximum stay in the UK at any one time is still six months. All children aged eleven years and older, and some aged under eleven years, must be tested for TB.
More Details
The x-ray test, analysis, results and administration may take up to four hours, and there is a TB screening fee payable directly to the clinic. Tuberculosis test certificates are usually valid for six months and must be submitted with the visa application. If the application is successful, an immigration officer may request the certificate on arrival in the UK.
Background
The UK’s pre-entry Tuberculosis screening programme was initially announced in May 2012, in response to increasing numbers of cases of TB in the UK. The scheme is gradually rolling out to 82 countries. The most recent group of countries, included in a previous NewsFlash, was Bolivia, Cameroon, Dominican Republic, Guatemala, Guyana, Haiti, Panama, Paraguay and Peru. Previously, residents of China, Hong Kong and Macau only required pre-entry TB screening if applying for settlement in the UK.
Action Items
Ensure any applicant resident in the affected countries intending to stay in the UK for more than six months undergoes pre-application TB screening at an approved clinic in their country of residence.
Ensure that the application for entry clearance is made before the TB test certificate expires.