BrazilNew Norms for Family Reunion
As of September 1, 2014, immigration procedures have been simplified for (1) a request for permanent residence in Brazil for a family reunion based on Brazilian children, marriage to a Brazilian citizen, or a common-law partnership; (2) a change from temporary to permanent residence based on the Mercosul Agreement; and (3) the issuance of an identification card by the Federal Police Department.
The new rules under Ordinances 1351, 1371, and 1507 guarantee foreigners the right to permanent residence and the issuance of the identification card for foreigners, provided that all the required documents are submitted with the application. These rules are also valid for the permanent visa process for applications already filed and currently under analysis by the Ministry of Justice.
The list of documents and procedures may vary depending on the state in Brazil where the application is filed.
New Norms for Visas for Rio 2016 Olympic and Paralympic Games
On August 29, 2014, Normative Resolution No. 112 was published, amending Article 4 of Normative Resolution No. 98 of November 14, 2012.
Normative Resolution 112/2014 provides that the temporary visa “item V” can be granted to foreign nationals who will enter Brazil to work exclusively in the preparation, organization, planning, and execution of the 2016 Rio Olympic and Paralympic Games and who do not have a Brazilian sponsoring company or any employment relationship with a Brazilian company.
A temporary visa may be granted to professionals:
with broadcasting companies that have transmission rights for the 2016 Olympic and Paralympic Games;
with contracts entered into with Olympic and Paralympic Organizing Committees or international sports federations;
with sponsoring companies of the events;
who are crewmembers of ships chartered by the Rio 2016 Olympic and Paralympic Games Organizing Committee who do not hold an International Crew Card;
involved in the planning and execution of ceremonies related to the Rio 2016 Games; or
who, at the Olympic and Paralympic Organizing Committee’s discretion, will execute activities related to the Games.
Individuals can apply for this visa directly at Brazilian consulates abroad. There is no requirement of prior approval of a work permit by the Brazilian immigration authorities. The applicant need only submit an official letter from the Olympic and Paralympic Organizing Committee explaining how the candidate is involved with the Games and an international medical and hospital certificate in the applicant’s name, along with a valid passport, the Visa Application Form duly filled out on the website of the Brazilian consulate, the signed delivery receipt, and a recent photograph. The temporary visa will be valid for two years, expiring no later than December 31, 2016, and will allow multiple entrances.
The new rule introduced by Normative Resolution 112/2014 entered into force on the day of its publication, August 29, 2014.
CanadaOn August 27, 2014, the Québec Ministry of Immigration, Diversity and Inclusion (MIDI) announced new intake rules for the Québec Investor Program, which will reopen for a limited time from January 5–30, 2015, with a limit (quota) of 1,750 applications. The 1,750 quota will include a sub-quota of 1,200 applications from candidates from the People’s Republic of China, including Hong Kong and Macao.
Per the previous intake rules, the 1,750 quota will not apply to candidates who possess advanced intermediate knowledge of French, who will be able to apply at any time. To demonstrate advanced intermediate knowledge of French, candidates must submit a standardized French test recognized by the MIDI and score at an advanced intermediate level in at least one of the four language competencies of speaking, listening, writing, and reading.
The eligibility criteria for the Québec Investor Program are expected to remain the same. The candidate must possess net assets of at least $1.6 million CAN legally acquired and must have at least two years of management experience in the past five years. In addition, the candidate must intend to settle in Québec and sign an agreement to invest $800,000 CAN at a zero interest rate for a period of five years with a government-approved financial intermediary; financing possibilities exist. The Québec government guarantees the repayment of the $800,000 CAN at the end of the five years.
Applications must be submitted by private courier or regular mail. Once the 1,750 quota is reached within the January 2015 window to apply, applications will be returned. Applications of candidates with an advanced intermediate knowledge of French will continue to be accepted until March 31, 2015, and will receive priority treatment.
A candidate who qualifies for the Québec Investor Program is issued a Québec Selection Certificate, which in turn leads to Canadian permanent resident status if Canada determines that there are no medical, criminal, or security problems.
Colombia pt.1Migration Colombia has launched the Automatic Migration Service, allowing Mercosur (Mercado Común del Sur) and CAN (Comunidad Andina)nationals currently resident in Colombia to enter and exit the country in an expedited manner.
What Are the Benefits?
Subscribers to this service will be able to enter and exit Colombia without queuing to have their passports stamped. Instead, they can scan an ID card with new machines now being installed at international airports in Colombia, thus saving time at the airport and space in their passport.
Who Can Benefit?
Any nationals of Mercosur and CAN countries who are resident in Colombia with a valid visa and who have a computer-readable passport, may qualify for the service.
Mercosur is made up of Argentina, Brazil, Paraguay, Uruguay and Venezuela. Bolivia is in the process of joining, and Chile, Colombia, Peru, and Ecuador are associate members.
The Comunidad Andina, or CAN, is made up of Bolivia, Colombia, Ecuador and Peru.
How to Register
Applicants must have their photograph and fingerprints taken at a registration interview at Migration Colombia, and pay an annual fee of $150,000COP.
Colombia pt.2Local Contract Now Required
The Ministry of Foreign Affairs of Colombia has announced that it will strictly enforce a rule requiring TP-4 Visa applicants to hold a legal employment contract or a duly signed and valid service contract with the sponsoring company in Colombia.
This requirement ensures compliance with Article 7 in Decree 834, 2013.
What Does This Mean for Employers and Assignees?
In order to meet all TP-4 Visa sponsorship requirements, all sponsoring entities in Colombia must sign a fixed, indefinite-term employment contract or a service contract with the assignee. The Ministry of Foreign Affairs will reject any application which does not demonstrate that a suitable local contract is in place.
Therefore a home contract is no longer accepted in support of a TP-4 visa application. Note that this does not mean that an applicant cannot retain their home company contract; however, he or she must also hold an employment contract or a contract for services with the Colombian entity.
Online Visa Registration
Migration Colombia has announced that it will be possible for a foreign national to register a visa online, at the Migration Colombia website, within fifteen calendar days of entry to Colombia or of visa issuance.
However, registration in person may still be required, as the online system is still being implemented.
Ebola Virus Travel Checks
Effective August 22, 2014, all visa applicants to Colombia must complete a questionnaire which asks detailed questions about recent travel in Ebola affected countries, including Nigeria.
FranceDraft Law on Rights of Foreigners
The government has finalized and published its draft of the Law on the Rights of Foreigners in France, which is a significant overhaul of the Code of Entry and Stay of Foreigners and of Asylum (CESEDA). The new law would increase the use of multi-annual permits to stay, create new immigration categories, and eliminate the work permit requirement for assignments of less than three months.
Below are highlights of the major changes of interest to human resource and mobility managers. The draft law is not yet scheduled for parliamentary debate, which is expected to occur in upcoming months.
Purpose of the Draft Law
The government aims to reduce the workload for civil servants and the compliance burden on business, and to attract qualified foreign nationals and investments to France. The draft law achieves these three goals by: (1) increasing the use of multi-annual permits to stay, thus reducing the renewals of the current one-year permit to stay (Carte de Séjour Temporaire); (2) creating a new multi-annual “supra” category, the Talent Passport, which overhauls many existing categories and creates some new ones that will be of interest to business; and (3) eliminating the temporary work permit (APT) requirement for foreigners assigned to France for less than three months.
Increased Use of Multi-Annual Permits
Currently, most third-country nationals are issued a one-year renewable permit to stay. The renewal process requires multiple personal appearances and issuance of temporary documents (récépissés).
The draft law provides for the issuance of multi-annual permits with a maximum validity of four years, after the expiration of the initial one-year permit, to the extent the third-country national has demonstrated his or her willingness to adhere to French cultural and republican values.
The draft law provides that trainees, self-employed professionals, and visitors will not benefit from the multi-annual permit.
Talent Passport
Currently, there are several categories to attract talent and investment. The draft law merges the existing categories into the Talent Passport. This “supra” category includes a total of nine categories with a maximum validity of four years:
Young Qualified Graduate (jeune diplômé qualifié): Requires: (i) a master’s or doctorate-level degree earned in France or sponsorship by an employer qualified as an Innovating Start-Up (jeune entreprise innovante) by the Fiscal Code; (ii) a French employment contract; and (iii) a threshold salary determined by decree. This is a new category.
Highly Qualified Worker (travailleur hautement qualifié): Requires: (i) a three-year university degree or five years of experience; (ii) a French employment contract of at least 12 months; and (iii) a threshold salary determined by decree. This category absorbs the previous European Blue Card without substantial change.
Inter-Company Transferee (ICT) (salarié en mission): Requires: (i) an intra-group transfer; (ii) a three-month prior employment; and (iii) a threshold salary determined by decree. Under the existing scheme, the three-month prior employment is not required when the ICT becomes a French employee. This category absorbs the previous ICT category without any other substantial change.
Scientist (chercheur): Requires: (i) a master’s level or higher degree; (ii) tasks of research or teaching at the university level; and (iii) an agreement with a government-approved body. This category absorbs the previous Scientist category, with no significant change.
Entrepreneur (créateur d’entreprise): Requires: (i) a master’s-level degree or five years of experience; and (ii) creation of an enterprise in accordance with criteria to be determined by government decree. This is a new category.
Investor (investisseur): Requires a direct investment in infrastructure, as determined by government decree. This category absorbs the previous Exceptional Economic Contribution. The amount of investment is expected to be lowered from €10,000,000 to €500,000 and the number of jobs to be created from 50 to 10.
Executive Officer (mandataire social): Requires: (i) nomination of a legal representative or executive officer of an entity registered in France; and (ii) a threshold income to be defined by decree. This category was previously covered under Competence and Talent and does not change substantially.
Artist (artiste): Requires: (i) a contract approved by the cultural (DRAC) or labor (SMOE) authorities for an artistic or cultural activity; and (ii) threshold compensation to be defined by decree. This preexisting category is being merged here without substantial change.
Foreigner Renowned Internationally in a scientific, literary, intellectual, educational, or sports domain (étranger ayant une renommée internationale dans un domaine scientifique, littéraire, intellectuel, éducatif, ou sportif): Requires: (i) international fame; and (ii) an activity in France in one of the stated areas. This pre-existing category is being merged here with changes to be determined by implementing regulations
Activities 1, 2, 3, 8, and 9 may be exercised without a separate work permit. In case of involuntary loss of employment, the permit will be extended for one year. Beyond that, the validity will be limited to the remaining period of unemployment benefits.
The accompanying spouse and minor children reaching majority will be issued a multi-annual permit for the duration of the validity of the principal holder of the Talent Passport. Such derivative permit will allow work.
Elimination of the Temporary Work Permit (APT)
The draft law proposes the elimination of the temporary work permit currently required for assignments of less than three months. The impact study accompanying the draft law states that short assignments need to be declared under existing regulations, which are adequate tools to verify a posteriori the legality of such assignments. The elimination of the temporary work permit is a controversial proposition and will be debated in the months to come.
New Law to Combat Fraud in Framework of Posted Workers
A posted worker is one sent by a company in one EU member state to provide short-term services for a company (client or affiliate) in the host EU member state. France’s Act of July 10, 2014 (Act) against unfair social competition translates into French law a directive of the European Union (EU) of May 15, 2014, laying down a set of mechanisms to prevent and punish any violation or circumvention of posting procedures in the EU.
Most of these provisions are incorporated into the code of labor with immediate application.
Declaration of Posting
The Act strengthens the compulsory nature of the posting declaration, which was already required by Articles R. 1263-3 and the Labor Code. The employer sends a statement of detachment to the labor inspectorate having jurisdiction over the work site. The user or the client who contracts with the foreign service provider must ensure that a compliant declaration has been made. In the absence of a compliant declaration, the end user and contracting parties may be jointly and severally liable for payment of an administrative fine of up to €2,000 per posted employee. This penalty may be increased to €4,000 in case of repeated violations. The total amount of the fine may not exceed €10,000. The Act provides that the declaration of posting must be recorded in the statutory register of personnel of the company that hosts posted workers.
Due Diligence and Financial Responsibility of the Payer
The Act strengthens due diligence and accountability of the user or client. The user or client has an obligation of “vigilance” with respect to the collective housing conditions of employees of the provider. In case of failure, the user or client may be required to defray the costs of the collective accommodations of employees.
The required diligence of the user or client also applies to compliance by all contractual parties with labor laws. In case of noncompliance, the user or client must order the other party to comply and, if the noncompliance persists, inform the public authorities. If the user or client breaches these obligations, it is subject to a penalty prescribed by decree of the Conseil d’Etat. In case of noncompliance with payment of minimum wages or if the user or client has failed to fulfill its obligations to order compliance and inform the authorities of noncompliance if it persists, it may be held jointly and severally liable for payment of salaries, allowances, and charges.
Online Publication of Sentences
The Act provides for the publication of court penalty sentences for a period of up to two years on a dedicated website.
Unions’ Right to Sue
The Act creates the right of union representatives to defend before the courts the rights of a posted employee without having to show a power of attorney from that employee. It is sufficient that the employee be informed and not object within 15 days. The employee can always intervene in the proceedings initiated by the union and stop them at any time.
Consequences for Foreign Employers of Posted Employees
These new control mechanisms and sanctions apply to all foreign employers of employees posted to France. The foreign employer posting employees as part of a service to a client in France should therefore ensure its compliance with labor laws applicable in France, including regulations on collective accommodations. In the event of noncompliance, the foreign employer may receive an order from the user or French client to stop the offense. Moreover, if the user or client does not issue a compliance order when appropriate or inform the authorities of persistent noncompliance, such user or client company may itself be penalized in France and be held severally liable for the cost of collective accommodations or payment of salaries, allowances, and expenses payable as compensation to the posted worker.
IrelandThe Department of Jobs, Enterprise and Innovation (DJEI) has now announced a full list of all the changes under the Employment Permit (Amendment) Act 2014, which was implemented by the Department on October 1, 2014. You can read our previous alert on this subject here. The changes are very extensive and cannot easily be summarised here; however, a list of the key changes follows. Please contact us for more information!
Creation of New Categories
The new law provides for nine different purposes for which an employment permit may be granted, as follows:
A new Critical Skills Employment Permit to replace the existing Green Card;
A new Spouse and Dependent Employment Permit for spouses and dependents of Critical Skills Employment Permit holders;
A new General Employment Permit to replace the Work Permit;
A new Reactivation Employment Permit (for situations where a foreign national who entered the State on a valid Employment Permit but who fell out of the system through no fault of their own or who has been badly treated or exploited in the workplace, may work legally again);
A new Exchange Agreement Employment Permit (issued pursuant to certain specific international agreements);
A Sport and Cultural Employment Permit;
A new Internship Employment Permit (a one year maximum permit, issued if the applicant is studying outside the state and the relevant Work Experience in Ireland is a requirement for the completion of that course of study.)
The Intra Company Transfer Permit category continues to exist but has undergone some changes (see below).
A Contract for Services Permit category, which replaces the Contract Service Provider class of Work Permit Employment Permit.
Changes to Eligible and Ineligible Categories Lists
The new legislation has greatly expanded and further defined the occupations on the Highly Skilled Eligible Occupations list; i.e. occupations for which applicants may be granted a Critical Skills Employment Permit. Further details of this list can be found here.
The Ineligible Categories List has also been considerably expanded and further defined, more details are available at here.
Quota/Ratio Rule
The new legislation retains and extends the 50:50 Quota Rule, whereby the Irish entity may not have more than 50% non-EEA national employees, to all applications, both for new and renewal applications, regardless of applicant (previously if the employee applied, the 50:50 rule was waived.)
The new act does make some allowance for the waiver of this requirement, including for renewal applications for permits which were originally issued prior to the Act, and for enterprise start ups
New Application Forms
The DJEI has released new forms which can no longer be filled out online. These new application forms must be handwritten (similar to old forms pre December 2013) and require ‘wet’ original signatures from all parties involved. The new forms can be accessed here.
Labour Market Test
The Act retains and extends the requirement for a labour market test for all new applications for General and Contract Service Provider Employment Permits, regardless of applicant (employer or employee) (previously if the employee applied, then the labour market test could be waived for Work Permits).
Labour market tests may still be waived in certain circumstances, as follows:
Where the job is an occupation included on the Highly Skilled Eligible Occupations List
Where the job offer is in respect of an eligible employment with a minimum annual remuneration of €60,000EUR.
Where a recommendation from Enterprise Ireland or IDA Ireland has been made in relation to the job offer
Where the job offer is for a Carer of a person with exceptional medical needs and the non-EEA national has been providing care to the person before the application was made and that person has developed a high level of dependence on that non-EEA national
In the case of a General Employment Permit application, where the job is offered to a non-EEA national who held a General Employment Permit or a Work Permit Employment Permit and who, on a date after October 1, 2014, was made redundant and the redundancy occurred within the previous six months. This waiver only applies where the Department has been notified of the redundancy within four weeks of the date of dismissal.
Fee Changes
Application fees will remain the same; however, if the application is rejected the DJEI will only refund 90% of the fee
However, now the fee for an employment permit must now be paid by electronic transfer: cheques will not be accepted. The fee must be paid by the applicant i.e. the employer/employee/connected person or contractor, or their authorised agent.
If an employee is married or in a civil partnership with an EEA/Irish national there is now no fee to the DJEI for an employment permit.
Health Insurance Requirement
The employer must specify on applications for General Employment Permits, Critical Skills Employment Permits, ICT & Contract Service Provider, the amount payable by the employer for Health Insurance and the name of the Health Insurance provider. Renewal applications must be submitted with documentary evidence from the employee providing proof of payment.
Passport Expiry Dates
Employees’ passports must now be valid for at least twelve months after the date of application for both first time applications and renewals (previously , for renewals, passports only needed to be valid for three months’ validity).
Renewal Applications
Renewal applications (where applicable) must now be submitted within 16 weeks prior to the expiry date of current permit
Changes to Intra Company Transfer Permits
Salary Rule
The employee must now have been earning at least the Irish national minimum wage (€8.65 per hour on a 39 hour week) prior to coming on an assignment to Ireland. Wage slips will have to be provided as proof of this. Previously, if the employee had been earning less than this, a salary raise would be required once they had arrived in Ireland.
Additionally, a breakdown of salary, deductions allowances as well as payments for board and accommodation and health insurance that the assignee will receive is now required for the application form.
Signatures on Application Form
The Authorisation of Agent page on the application form will now need to be signed by the sending organisation, the Irish organisation, the employee and the authorised agent – original ‘wet’ signatures from each are required. This will add administrative time to applications.
Background
The new legislation, along with other recent immigration reforms under the government’s Action Plan for Jobs, is aimed at increasing the number of skilled graduates available in Ireland, especially in Information and Communication Technology (ICT) occupations.
ItalyIntra-Company Work Permits May Be Obtained in Presence of a Joint Venture Agreement
Italy’s Ministry of Labor has confirmed that the procedure set forth for intra-company work permits (article 27a, Immigration Law) can be followed not only when the sending and host companies are part of the same “Group” but also when the companies have executed a joint-venture agreement and do not have any corporate affiliation.
New Guidelines for Internships for Non-EU Nationals
The Italian government has released new guidelines for the activation of internship programs for foreign nationals. The guidelines provide Immigration Offices and the Italian Regions with instructions clarifying the criteria to be met by non-European Union nationals coming to Italy for internships.
This is not expected to have a major impact on immigration in Italy but should simplify the evaluation of applications for internship visas, which have always represented a gray area within the Italian immigration system.
KenyaThe issuance of work permits has been suspended, as the new Director of Immigration, Major General Gordon Kihalangwa, has disbanded the committee which sits to deliberate over work permit applications.
Therefore, although the immigration department is still accepting work permit applications, no new work permits will be issued until a new committee is constituted.
When a new committee is eventually reinstated it is likely that there will be significant delays due to the backlog of applications.
Those applicants who urgently need work authorisation may apply for Special Passes, which have not been affected. A Special Pass enables business or short term work activities in Kenya for a period of up to 90 days.
MalaysiaThe Malaysian Immigration Department (MID) announced last week that, as of October 1, 2014, all Malaysian companies wishing to apply for Professional Visit Pass (PVP) applications for foreign national “experts” must be registered with the Expatriate Service Division (ESD), and submit PVP applications through the ESD’s online portal. Manual applications were no longer accepted as of September 26th.
A subsequent announcement has clarified that this requirement extends to companies with Malaysia Super Corridor (MSC Malaysia) status, who previously submitted PVP applications through the Multimedia Development Corporation’s (MDeC) e-Xpats Service Centre.
What is the Impact of the Change?
There are likely to be delays with the ESD registration, as many companies will need to register for the first time. Companies which have not yet completed ESD registration will not be able to apply for PVPs at all until the registration has been finalised. Registration is now likely to take more than two months.
Who is Affected?
The change affects all Malaysian companies applying for a Professional Visit Pass on behalf of a foreign national employee, including MSC companies.
The MID announcement states that foreign national employees affected are those in the category of “expert”, which includes consultants, technical advisers, machine installation and maintenance experts, professors, lecturers and researchers.
Artists and missionaries applying for a PVP are not included in the “expert” category and may, therefore, still be able to apply without going through the ESD online portal.
What is the Professional Visit Pass?
The PVP enables a foreign knowledge worker to be assigned to a Malaysian company, while remaining on home payroll, for up to twelve months.
PhilippinesOn October 1, 2014, the Philippines Bureau of Immigration (BI) initiated an Alien Registration Program (ARP) to update its database of foreign nationals, but has already announced that it will not be mandatory for now, due to implementation issues and the initial high volume of applicants.
Who Must Register, and Who Is Exempt?
Between October 1, 2014 and September 30, 2015, a foreign national extending their stay in Philippines beyond 59 days is required to present themselves at the Bureau of Immigration to register under ARP. Although the BI has said that currently, registration is not mandatory, this is likely to change in the near future.
For 9(a) Tourist Visa holders extending their stay beyond 59 days, and Special Work Permit holders, the ARP registration will be done at the time of application for an Alien Certificate of Registration Identity card (ACR I-Card). Previously, a personal appearance was not required for an ACR I-Card application in these cases; it now is, since biometrics must be taken.
Exemptions
Those whose stay has not exceeded and will not exceed 59 days are exempt. Also, foreign nationals with a current, valid ACR I-Card which required a biometrics interview at the time of application (e.g. 9(g) Employment Visa holders) are exempt from the requirement and will be registered under ARP on renewal of their ACR I-Card.
Also exempt are holders of certain classes of visa, including the Special Non-Immigrant 47(a)(2) Visa and the Multiple Entry Special Visa.
Procedure
The foreign national will have to give biometric data including photographs and fingerprints, submit an application form, present valid proof of identity and pay a processing fee at one of the participating BI offices in the Philippines. They will be issued on the day with a Special Security Registration Number (SSRN), to be used in all further transactions with the BI. They will also be issued (later, by post) a new-style ACR I-Card ($50 USD + processing fee).
United Kingdom pt. 1Further Details of NHS Health Surcharge Announced
Following publication of the United Kingdom Department of Health’s response to the 2013 public consultation on migrant access and financial contribution to National Health Service (NHS) provision in England, the Department of Health has now published an implementation plan to cover the phased roll-out of an NHS cost recovery scheme for some migrants, including European Union (EU) nationals. This follows the introduction of the Immigration Act 2014 in May this year, which contains provisions for NHS cost recovery. Secondary legislation is expected to be passed later this year to pave the way for the anticipated roll-out beginning in April 2015 of the “immigration health surcharge.” With the exception of Tier 2 intra-company transfer applicants, all other migrants applying for a visa of more than six months’ duration will be required to pay the surcharge with their visa application fee.
How Much Will Migrants Need To Pay?
The surcharge is expected to be £200 per year for all affected migrants except students, who will be subject to a lesser annual charge of £150. What is new and very significant is the proposal for the surcharge to be fully payable upfront at the visa application stage to cover the duration of the visa. This will be a hefty sum for many migrants. For example, a Tier 2 General migrant applying for the maximum five-year visa will need to pay £1,000 for the surcharge. Following the consultation, the fee was widely expected to be payable annually rather than in one upfront lump sum for the duration of the visa. For migrants with a number of dependents, this will represent a substantial financial outlay, in addition to all the visa fees. There are plans for lobbying to have this requirement removed.
There will be NHS pre-registration arrangements for migrants who have paid the surcharge, which will be aligned with those the Home Office is putting in place for the issue of entry documents and distribution of Biometric Residence Permits (BRPs) to migrants at their local Post Office. When accessing NHS treatment, migrants who have paid the surcharge will be required to produce their BRP but no further charges will be levied, other than prescription charges and other charges payable by those ordinarily resident in the UK.
Exemptions
As stated above, Tier 2 intra-company transfer migrants will be exempt from the surcharge and will continue to enjoy free NHS care. Other exempt categories include those seeking asylum, refugees, and victims of human trafficking. Furthermore, GP services will remain free of charge for all.
EU Migrants
All EU migrants and visitors will be required to produce their European Health Insurance Card (EHIC) to avoid being charged.
Migrant Visitors and Other Non-EU Migrants
All visitors and non-EU migrants who have not paid the surcharge will be expected to pay upfront to access NHS services. However, emergency or urgent treatment will be provided without an upfront payment, subject to the proviso that the costs will be payable. Since 2011, NHS providers are able to share with the Home Office non-clinical information on individuals subject to immigration controls who hold £1,000 or more of debt to the NHS. Those who owe a substantial debt to the NHS could be refused permission to re-enter or remain in the UK until they clear that debt, subject to human rights obligations.
Overseas Visitors Records Office Has Moved
For those migrants who must register with the police within seven days of arrival in the UK, the Overseas Visitors Records Office is now based at:
Overseas Visitors Records Office
323 Borough High Street
London
SE1 1JL
Further Improvements to the Visa Process For Chinese Migrants
The UK government is continuing to roll out improvements to the visa process for Chinese migrants and business visitors applying for a visa in China and has recently announced the introduction of two further improvements to the service.
The first is an extension to the mobile biometric service that allows applicants to give their fingerprints and details to visa staff who visit their office, to avoid the migrant or visitor having to go to a Visa Application Center. This will be rolled out at all 12 of the regions served by visa application centers in China.
Further improvements include the roll-out of 24-hour visa processing for most visitor and worker visa categories. The 24-hour Super Priority Visa service will be available to applicants in Beijing, Shanghai, and Guangzhou for a fee of £600. Where the 24-hour service is not available, applicants can use the three- to five-day priority visa service.
UK Universities To Be Forced To Improve Admissions Procedures
UK universities are set to come under increasing pressure to outsource the compliance elements of enrolling foreign students when changes to the Immigration Rules come into effect in November this year. The Home Office has announced that it will reduce the percentage of student visa refusals, which can lead to the removal of a university’s Highly Trusted Sponsor status. Currently, universities risk losing this status and with it their ability to enroll foreign students, if 20% or more of its foreign student applicants subsequently have their visas refused. This will be reduced to 10% in November, giving universities just three months to put in place improvements to their admissions procedures.
Most applicants apply to universities online and do not attend an interview. It is difficult to fathom how universities will be able to eliminate the risk of a student failing to make a successful visa application, unless they have staff located abroad to meet the prospective students and shepherd them through the visa process. Alternatively, this measure may well force universities to outsource the compliance and visa assistance for students to third-party providers to safeguard their Highly Trusted Sponsor status.
United Kingdom pt. 2On October 16, 2014, the UK Home Office released a Statement of Changes to the Immigration Rules, in which amendments are made across several categories of the UK immigration system.
Main Changes to Tier 2 of the Points-Based System
An assessment of whether a genuine vacancy exists is being added to the Tier 2 (Intra-Company Transfer) and Tier 2 (General) routes.
This change empowers Entry Clearance Officers and caseworkers to refuse applications where there are reasonable grounds to believe that the job described by the sponsor does not genuinely exist, has been exaggerated to meet the Tier 2 skills threshold, or has been tailored to exclude resident workers from being recruited, or where there are reasonable grounds to believe that the applicant is not qualified to do the job.
Depending on how it is interpreted by the Immigration Service, this change may mark a move away from a purely objective points-based system.
Main Changes to Tier 1 (Investor)
This route is being reformed following recommendations from the Migration Advisory Committee (MAC), and will see an increase in the minimum investment threshold from £1million to £2million, as well as several other rule changes, effective November 6, 2014.
The £5 million and £10 million routes still exist for Tier 1 (Investor) applicants wishing to benefit from accelerated settlement.
Business Visitors
The Business Visitor route is being expanded to include new eligible activities as follows:
allowing scientists and researchers to share knowledge, expertise and advice on an international project which is being led by the UK;
creating a provision for overseas lawyers, who are employees of international law firms which have offices in the UK, to provide direct advice to clients in the UK on litigation or international transactions provided they remain paid and employed overseas;
allowing graduates of an overseas nursing school to be admitted as a Business Visitor in order to the sit the Objective Structured Clinical Examination (OSCE).
Other Changes
There are also some changes to the other Tier 1 routes (General, Entrepreneur and Exceptional talent) as well as to the appeals system for students under Tier 4. There are also several other minor changes; please see the full Statement of Changes for more details or contact us if you have questions.