2014-06-18

CBP Provides Webpage Access to Arrival/Departure Date Records

A Customs and Border Patrol webpage now provides access to arrival/departure date records for nonimmigrants without necessitating a Freedom of Information Act request. The user can input the person’s first and last name, date of birth, passport number and country of issuance, and is supposed to receive information about the person’s recent I-94 arrival/departure record or a full travel history dating back several years.

Reportedly, the system records the date of departure when the person books a departing flight, not the actual departure. Users have tried the system to obtain records for lawful permanent residents but have reported that the travel dates listed are sometimes incomplete.

It is available to individuals and their legal representatives here.

Philippines

Effective May 28, 2014, a company representative is now required to attend 9(g) Pre-arranged Employment Visa (Commercial) application interviews, along with the applicant. Previously only the applicant was required to attend this interview.

Who Can Represent the Sponsoring Company?

If the employer is a corporation or partnership, it can be represented at the interview by an executive officer, as indicated in the Articles of Incorporation/Partnership or latest General Information Sheet (GIS).

A non-executive officer of the company may act as representative at the interview, provided they are authorized by the executive officers through a Special Power of Attorney.

A company with a single proprietor may be represented only by the registered owner, as indicated in the valid Certificate of Business Registration issued by the Department of Trade and Industry (DTI).

Travel agents, liaison officers and legal counsels are not authorised to represent or appear on behalf of the employer, even if they hold a Special Power of Attorney.

Exemptions for Top 1000 Companies

Note that applications sponsored by the Top 1000 corporations in the Philippines are exempt from the interview requirement for 9(g) visas.

Action Items

Ensure that a suitable representative of the employer is available to attend the 9(g) Commercial Visa application interview.

Turkey

New Immigration Law Takes Effect

Turkey’s “Law on Foreigners and International Protection” (Law No.6458), which officially came into force on 11 April 2014, is now being implemented in practice.

The law creates a new Immigration Administration General Directorate under the Ministry of Interior, and makes significant changes to residence permit and work permit rules and procedures, as well as to business visa validity and visa processing.

In the long-term, some of the changes should reduce processing times. To begin with, however, applicants can expect significant delays in processing.

Residence Permit Required Only for Stay of More Than 90 Days

Residence permits are no longer required unless the person remains in Turkey for more than 90 days. Previously, a residence permit was required for stays of more than 30 days.

Combined Work and Residence Permits Issued

The Ministry of Labour will now issue new ID cards which act as both work permit and residence permit; a separate residence permit application post-arrival is no longer required. Please note the following:

The combined work and residence permit, once issued by the Ministry of Labour, will be sent to the employer’s address.

Although a separate, post-arrival residence permit application is no longer required, applicants are still required to register their permanent address in Turkey at the Civil Registration Office (Nüfus Müdürlügü) within 20 days of their arrival.

The employer must start the assignee’s Social Security contributions within 30 days after the work permit is issued.

Applicants for a work permit from within Turkey will be required to first obtain a temporary residence permit.

Changes to the Residence Permit Application Process for Dependents

Applicants for family residence permits now require proof of Turkish health insurance coverage as well as a statement of income of the principal applicant or permit holder to demonstrate sufficient financial support.

In some cases, depending on the police station of application, the principal applicant may also be required to submit a police clearance certificate from all jurisdictions where he or she has resided in the previous five years, as well as proof of accommodation for themselves and their dependents. Police clearances are not currently required for applicants without dependents.

The immigration police estimate that family residence permit applications will be processed within 90 days of the application date (compared to seven to 14 days previously).

Business Visas Limited to 90 Days

Visitors holding business visas are now allowed a maximum cumulative stay of 90 days during any period of 180 days, in line with the current restriction on tourists.

New Passport Validity Requirement

Applicants must now hold a passport valid for at least 60 days beyond their intended stay, rather than only for the period of the intended stay.

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