Australia: Visa Application Charges

Australian Visa Application Charges (VACs) are set to increase on July 1, 2010. The new VACs will apply to all applications received by the Department of Immigration and Citizenship on or after that date, including those for many employer-sponsored applications. The new fees for many of the employment-related visa categories are provided in the table below.

This Client Alert replaces the one released earlier today due to an inaccuracy in the table of fees referred to. We apologize for any inconvenience caused.

*The First Installment covers the primary visa applicant and all persons included in the visa application. Note that the Second Installment (also referred to as the Migration Health Service Charge) is per applicant aged 18 years or over. In some instances, there is a different Second Installment payable for applicants aged under 18 years.

Full details of the new application fees for all visa categories will be available through the Department of Immigration and Citizenship, starting July 1, 2010.

Source: Fragomen

India

Employment (E) visa holders in India who are submitting an initial application to renew their status may now obtain a first renewal of up to one year directly from their local Foreigners Regional Registration Office (FRRO), rather than the three-month preliminary extension that FRROs previously granted to first-time applicants. This change, put in place recently by the Ministry of Home Affairs, is expected to streamline the E visa renewal process.

Previously, FRROs were authorized to grant first-time E visa renewal applicants a preliminary three-month extension only and were required to forward applications requesting extensions of more than three months to the Ministry of Home Affairs for final adjudication. They could, however, grant one-year extensions to E visa holders seeking a second or subsequent renewal. With this latest policy change, FRROs are now authorized to issue up to four one-year extensions, for a maximum E visa validity period of up to five years.

Police Clearance Requirement

E visa renewal applicants throughout India may now be required to include clearances from the police authorities in each location where they have lived during their initial residence period in India, proving that they have not been convicted of any crime in India. Previously, police clearances were required only in certain filing locations.

Implementation of Changes

FRROs in Bangalore, Mumbai and Chennai have implemented the renewal procedures and police clearance requirement, with other locations expected to follow suit shortly. Since each FRRO retains discretion in implementing procedural changes, application procedures may differ in other filing locations across India.

This change does not appear to affect the process for E visa renewal applications submitted to Foreigners Registration Offices (FRO). In smaller municipalities, FROs administer immigration procedures but have more limited authority than FRROs, which service larger municipalities.

Fragomen will continue to monitor the implementation of this development and provide updates as they become available.

The content of this alert is provided for information purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to indiaqueries_newpolicy@fragomen.com.

Source: Fragomen

Russia: New Streamlined Work Permit Procedure

Russia is introducing a new streamlined work permit program for highly qualified foreign specialists on July 1, 2010. Under the new program, eligible organizations seeking to hire these specialists will be exempt from Russia’s work permit quota and employment permit regimes, though they will be subject to a variety of safeguards and reporting requirements. Russia is also simplifying the rules for individual Russian citizens seeking to hire foreign workers and the registration requirements for foreign nationals relocating internally in Russia.

Which Employers Qualify to Use the New Program?

Only Russian legal entities and accredited branch offices of foreign legal entities will be able to sponsor foreign nationals for the new highly qualified specialist work permits. To qualify, employers must be able to demonstrate that they have not violated any rules or procedures relating to the employment of foreign nationals within the two years preceding their application.

Representative offices of foreign legal entities will not be able to sponsor foreign workers under the new permit program. They must continue to use the standard process for obtaining work permits for any potential foreign employees, even if those employees are highly qualified.

Who Is Eligible as a Highly Qualified Specialist?

To be eligible as a highly qualified specialist, a foreign employee’s prospective annual gross income must exceed two million rubles (approximately US $65,000) and be paid in accordance with all Russian labor and contractual laws. The foreign national must also have considerable experience, skills, and achievements in their field of employment, though Russian authorities have not specified the levels necessary to qualify.

Benefits of the New Program

Eligible employers seeking to sponsor foreign workers for the highly qualified specialist work permits will not be subject to the normal Russian work permit quota restrictions and therefore will not have to anticipate their foreign labor needs in advance. They will not have to obtain an employment permit before they can issue invitation letters to prospective foreign workers, nor will they be required to certify a highly qualified specialist’s educational credentials. In addition, there is no limit on the number of highly qualified specialists an employer may hire. The new program is expected to reduce work permit processing times to fourteen business days, from the normal average of three to six months.

The validity of work permits under the program will be increased to three years. Highly qualified foreign workers will be able to extend their stay, provided that they file for an extension at least thirty days before the expiration date on their visa. Work permits for highly qualified specialists can be issued for multiple regions within Russia, rather than a single jurisdiction, provided the highly qualified foreign national will actually work in the regions covered by the permit. Lastly, highly qualified specialists will pay lower Russian income taxes than other foreign workers.

Restrictions and Safeguards Against Misuse of the New Program

Employers must provide highly skilled specialists and any accompanying family members with full private medical insurance. Foreign specialists will be required to register with Russia’s tax inspectorate, and employers must, within thirty days of a work permit’s issuance, notify immigration authorities of the foreign national’s tax registration. On a quarterly basis, employers will have to notify immigration authorities of the number of highly qualified specialists they employ, along with their salary and tax withholding information. Employers must also notify Russian authorities if any of their foreign employees have an unpaid break in employment of a month or more within a 12-month period.

Employers that fail to comply with all of the new program’s requirements, or any other immigration regulation, may be barred from using the highly qualified specialist program for a two-year period.

Other Changes

In addition to the new program for highly qualified specialists, Russia also eased rules for individual Russian citizens who employ foreign nationals. Foreign nationals will no longer need to obtain work permits to work for individuals. Instead, they will obtain a work license which will be issued for one to three months initially and can be extended for a subsequent three-month period.

Russia is also simplifying its registration procedures for foreign nationals relocating within Russia. When a foreign national relocates to another region, he or she will no longer have to de-register with local authorities before moving, as is the current requirement. Rather, authorities will automatically de-register the foreign national once he or she registers in the new location.

In preparing this article, Fragomen worked closely with the Migration Law Department of the Russian firm, VISTA Foreign Business Support (VFBS). The content herein is provided for informational purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to emea@fragomen.com.

United States: June Visa Bulletin

The Department of State has released the June Visa Bulletin, its projection of immigrant visa availability for the coming month. Next month, there will be modest advancements in priority date cut-offs for the third employment-based preference category (EB-3) for professionals and skilled workers. Cut-off dates will advance by three weeks for India, to October 22, 2001, and by two months, to June 22, 2003, for China and all other countries except Mexico, which is unavailable. In the second employment-based preference category (EB-2), the priority date cut-off for China will advance by two months, to November 22, 2005, but will remain unchanged for India and current for all other countries.

In June 2010, priority date cut-offs for the employment-based immigrant categories will be as follows:

EB-1

Current for all countries.

EB-2

China – November 22, 2005.
India – February 1, 2005.
All other countries – current.

E-3 Professionals and Skilled Workers

China – June 22, 2003.
India – October 22, 2001.
Mexico – Unavailable.
All other countries – June 22, 2003.

EB-3 Other Workers

Mexico – Unavailable.
All other countries – June 1, 2001.

EB-5

Current for all subcategories and countries.

For general information on how the Department of State determines immigrant visa availability and gauges demand for employment-based immigrant visas, click here and here.

Source: Fragomen

Brazil: São Paulo Returns to Same-Day Registration Procedure

The Foreign Division of the Federal Police Department of São Paulo has eliminated the multi-step, password-based appointment system for local registrations and reverted to a same-day appointment system. This means that foreign nationals working in São Paulo are again able to complete necessary registration procedures in one day and will no longer be subject to the sixty-day delays that had been reported under the appointment system.

Foreign nationals who have already scheduled a registration appointment under the password process must still wait until their scheduled appointment. They may not obtain same-day service unless they have an urgent need to travel abroad and can present a confirmed flight ticket for travel the following day.

Though São Paolo has eliminated the password system, it has placed new restrictions on third parties that assist with registration procedures, which could slow the process for foreign nationals. These third-parties, including law firms and immigration providers, may schedule only three individual registration sessions or one family session per day. As a result, foreign nationals who use a third party to assist them with registration procedures may experience slight delays.

In general, foreign nationals who will remain in Brazil for more than 90 days must register with the Federal Police within 30 days of entry. Until registration procedures are complete, these individuals cannot obtain their RNE number, the identification number that a foreign national needs in order to be added to a local payroll, open a bank account, obtain a driver’s license, and complete other post-entry formalities.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to

lar@fragomen.com.

Source: Fragomen

European Union: Potential Impact of Volcanic Ash on European Travel

Travelers who are affected by flight cancellations resulting from the recent volcanic eruption in Iceland and have to remain in their host destination beyond their authorized period of stay are urged, at a minimum, to retain proof of their planned travel and contact their Fragomen global advisor with any queries or concerns.

Fragomen is conscious that travelers to the UK and Europe may be affected by flight delays and cancellations resulting from the cloud of ash produced by the recent volcanic eruption in Iceland.

Travelers may be required to remain in their host destination beyond their authorized period of stay due to unavailability of flights. Travelers whose authorization to remain in their host country has or will shortly expire are urged to contact their Fragomen representative to ascertain what, if anything, the immigration authorities will require in such circumstances. At a minimum, clients are urged to retain proof of the planned travel that would have enabled them to depart the country prior to the expiration of their status. Some jurisdictions may require additional documentation.

Furthermore, clients should also be aware that the disruptions are causing delays in courier service to and from Europe, which may impede the timely submission of immigration applications and could delay potential start dates for employment or business activities within the European region.

The content of this alert is provided for information purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to EACordination@fragomen.com.

Source: Fragomen

United States: March 2010 Visa Bulletin Reveals Minor Advancements

According to the latest Department of State Visa Bulletin, employment-based immigrant visa cut-off dates will move ahead by several weeks in the second preference category (EB-2) for China and just over one week for EB-2 India. The third preference (EB-3) professional and skilled worker subcategory will advance for all countries except Mexico.

The Department of State has released the March 2010 Visa Bulletin, its projection of immigrant visa availability for the coming month. In March, there will be a six-week advancement in priority date cut-offs for the employment-based second preference (EB-2) category for China, to July 8, 2005. EB-2 cut-off dates for India will advance 10 days to February 1, 2005. In the third employment-based preference category (EB-3) for professionals and skilled workers, cut-off dates will not advance for Mexico. EB-3 cut-off dates will advance nine days for India, to July 1, 2001, and just under three months, to December 15, 2002, for all other countries. All other categories will remain unchanged from the February 2010 bulletin.

In March 2010, priority date cut-offs for the first three employment-based immigrant categories are as follows:

EB-1
Current for all countries.

EB-2
China – July 8, 2005.
India – February 1, 2005.
All other countries – current.

EB-3 Professionals and Skilled Workers
China – December 15, 2002.
India – July 1, 2001.
Mexico – July 1, 2002.
All other countries – December 15, 2002.

EB-3 Other Workers
All countries – June 1, 2001.

See http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html for the March 2010 Visa Bulletin in its entirety.

Source: Fragomen

Sweden: New Work Permit Exemptions for Certain Short Stays

Effective January 1, 2010, employers are no longer required to obtain work permits for foreign nationals coming to Sweden to engage in certain short-term training and business activities, under two new provisions of the Swedish Aliens Ordinance

The new work permit exemptions apply to the following categories of foreign national for stays of no more than three cumulative months within a twelve-month period:

• Foreign nationals who are employed by an international group of companies and are entering Sweden to engage in practical training, internal training, or other educational or competence development activities at an affiliated entity in Sweden; and
• Foreign nationals who will participate in educational programs, conduct tests, prepare or finish deliveries, or engage in similar activities in Sweden, within the scope of a business transaction.

For longer stays, a work-and-residence permit will continue to be required. Note that the work permit exemptions do not affect visa requirements.

The work permit exemptions were put in place to facilitate international business exchanges, at the recommendation of the Swedish Migration Board. The exemptions will give employers greater flexibility to send staff to local affiliates in Sweden for training and related programs. They will also give business visitors greater freedom to conduct activities that are related to forming deals in Sweden.

In preparing this alert, Fragomen worked closely with the law firm of Bird & Bird (Stockholm). The content herein is provided for informational purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to emea@fragomen.com.

Source: Fragomen

United Arab Emirates: Guarantee Deposits to be Required by Dubai International Financial Centre

Effective January 24, 2010, employers operating in the Dubai International Financial Centre (DIFC), one of the United Arab Emirates’ Free Trade Zones, must submit a refundable guarantee deposit of AED 2,500 (approximately US $680) with each new work permit application for a foreign national or permit renewal application.

By February 20, 2010, employers must submit the guarantee for all existing work permit holders. Entities with more than 50 employees must submit a single, total deposit of AED 125,000 either in cash or in the form of a bank guarantee. DIFC authorities will hold the deposit to ensure employers and their foreign workers comply with work permit rules and obligations.

All guarantee payments must be made in favor of DIFC Investments LLC. The guarantee deposit will be refunded when the employee visas are either cancelled or transferred. The Personnel Sponsorship Agreements (PSA) that employers must sign when they establish their operations in the DIFC already contain provisions requiring the guarantee deposits to sponsor a work permit, but these provisions are only now being implemented.

The content of this alert is for information purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to middleeast@ae.fragomen.com.

Source: Fragomen

United Kingdom: Upcoming Immigration Changes in 2010

This spring, the UK Border Agency (UKBA) is expected to introduce more stringent overseas employment requirements for new intracompany transferees and limit their ability to apply for permanent residence. The UKBA will also introduce new internship and work experience categories for foreign nationals and is also expected to loosen compliance requirements for foreign nationals who are promoted while working in the UK.

Following two reports from the Migration Advisory Committee, the United Kingdom’s independent advisor on migration issues, a number of changes to the UK immigration system are anticipated in 2010. In April, the introduction of new restrictions on intracompany transferees under Tier 2 of the Points Based System is expected. Also in April, the UK Border Agency (UKBA) is expected to introduce two new immigration categories for internships and work experience.

The UKBA is also expected to change its policy concerning the position of foreign workers who are promoted while working in the UK.

New Restrictions for Tier 2 (Intra Company Transfer)

The UKBA has confirmed that it will make two changes to the Tier 2 (Intracompany Transfer) category that are tentatively scheduled for implementation in April 2010. First, the minimum period of time a foreign national must work for his or her sponsoring employer overseas to qualify for intracompany status will be increased to twelve months, up from six. In addition, the UKBA intends on removing the ability of Tier 2 intracompany transferees to apply for permanent residence in the UK after five years of working in the UK.

Foreign nationals already residing in the UK in the Tier 2 intracompany transferee category will not be affected by these changes.

New Immigration Categories

The UKBA has also confirmed that it is tentatively scheduled to introduce two new non-work immigration categories in April 2010. The first new category will allow companies to offer internships to foreign nationals studying at foreign universities as part of the company’s recruitment process. The second category will allow companies to employ foreign nationals in global graduate and other work experience programs in the UK. Note that neither of these new categories will permit employment in a permanent position nor act as an alternative to a Tier 2 employment category.

New Policy Towards Promotions for Foreign Workers

The UKBA has also tentatively scheduled to change its policy concerning the position of foreign workers who are promoted while working in the UK. Currently, any significant change to the job of a Tier 2 worker must be pre-approved by the UKBA. Under the upcoming policy, which is expected be implemented in February 2010, companies employing foreign nationals under Tier 2 would only need to notify the UKBA of a promotion and not apply for pre-approval of the employment change, provided the promotion or other change of job can be considered a natural career progression.

The content of this alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to ukcaseinitiate@fragomen.com.

Source: Fragomen