Malaysia

Malaysia now requires employers sponsoring certain Employment Pass and Visit Pass (Temporary Employment) applications to include a standard declaration attesting to the application’s accuracy and the authenticity of its supporting documents. The declaration is required for both new and renewal Employment Pass and Visit Pass (Temporary Employment) applications for foreign nationals who will earn a monthly salary (excluding allowances) of MYR 8,000 (approximately USD 2,488) or higher. This new requirement took effect on July 5, 2010.

The declaration is made on standardized form, called a Letter of Undertaking (LOU), that must be signed by one of the sponsoring company’s directors and include the company’s stamp. The LOU is submitted during “Stage 1” of the application process, when the employer seeks approval for the foreign national’s proposed position within the company. If the Malaysian immigration authorities find that a false declaration was made in the LOU, the work pass will be revoked and the signing director will be liable to a fine of up to MYR 10,000 or imprisonment for up to five years.

It is expected that this new requirement will reduce the processing time for Stage 1 of the application process to less than seven business days for those foreign nationals that meet the salary threshold. Applications for positions with salaries below the threshold will continue to be processed within seven to ten business days.

In preparing this alert, Fragomen worked closely with the law firm of Shearn Delamore & Co. in Kuala Lumpur, Malaysia. The content of this alert is provided for informational purposes only.

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

Costa Rica: New Social Security Process

Foreign nationals who are seeking a first-time residence and work permit must now be registered with the Costa Rican Social Security Administration (CCSS) after their application is approved in order to receive their permit, according to a recent government ruling. Previously, foreign nationals had to be registered with the CCSS before filing their residence and work permit application. The new registration requirement also applies to dependent family members aged 18 or older who are applying for a residence permit without work authorization. Dependents under the age of 18 are not required to register with the CCSS, as their parents’ registration will suffice.

Typically, once an initial application for a residence and work permit is approved, the foreign national receives a written notification from the immigration authorities. A separate approval notification is also issued on behalf of all family members applying for dependent residence permits. The applicant must then submit the approval notifications to the CCSS, as well as additional documentation upon request, in order to register himself or herself and any dependents. Once registration is complete, the CCSS will issue a booklet to the applicant and each dependent family member as proof of compliance with the registration requirement. After the applicant and dependents obtain their registration booklets, they must appear at a local immigration office to retrieve their residence permits.

Foreign nationals and their dependents aged 18 or over who are renewing their residence permits must continue to provide proof of social security registration with their renewal application, the new ruling clarified. As with initial applicants, dependents under the age of 18 are not required to register with the CCSS.

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 lar@fragomen.com.

Source: Fragomen

Mexico: New Immigration Procedures Take Effect

Mexican authorities recently provided clarification on the implementation of the new Immigration Procedures Manual, which went into effect on May 1, 2010. The following is a summary of notable developments under the new rules. Please note that the Mexican government’s interpretation of the new Manual is subject to change at any time without notice. Fragomen will continue to monitor the implementation of the new Manual and provide updates as they become available.

Permissible Use of the New FMM Immigration Document

All foreign nationals entering Mexico must obtain the new Multiple Use Immigration Form (FMM) upon arrival at a Mexican port of entry. The types of business and work activities foreign nationals can perform under the FMM, however, depend largely on their nationality. Certain foreign nationals will be permitted to work on the FMM without the need for additional employment authorization; others may be required to obtain work authorization. All FMM holders who are placed on a Mexican company’s payroll or who otherwise receive payment from a local source while in Mexico, regardless of nationality, require work authorization in addition to the FMM, despite contrary language in the new rules.

“Unrestricted” nationals
FMM holders who are nationals of countries designated as unrestricted – including the United States, Canada and most European Union countries – may perform any activity in Mexico for up to 180 days without further authorization, provided they are not paid by a Mexican source. Unrestricted nationals who receive payment from a Mexican source or will remain in Mexico for business or employment purposes for more than 180 days must obtain a work permit in addition to the FMM.

“Restricted” nationals
Nationals of countries designated as restricted – including China, India, Russia and newer EU member countries – must receive advance authorization from the immigration authorities before entering Mexico for business or work. After obtaining the required authorization, these nationals must apply for an entry stamp and be interviewed at a Mexican consular post abroad before traveling to Mexico. On arrival in Mexico, they will obtain the FMM but are not permitted to engage in business or work activities until they complete the business or work authorization process at a local immigration office, which must occur within 30 days of arrival. As a result, restricted nationals must wait until they receive their work permit before commencing work in Mexico.

“Regulated” nationals
Nationals of countries designated as regulated – including Brazil, Guatemala, Indonesia and the Philippines – must apply for and obtain an entry stamp from a Mexican consular post abroad before traveling to Mexico. On arrival, they are granted the FMM and may perform any activity in Mexico for up to 180 days without further authorization, provided that they are not paid by a Mexican source. Regulated nationals who receive payment from a Mexican source or will remain in Mexico for business or employment purposes for more than 180 days must obtain a work permit in addition to the FMM.

Visa Exemption for Restricted and Regulated Nationals Holding U.S. Visas

It is expected that nationals of restricted and regulated countries who hold a visa issued by the United States and a passport valid for at least six months will be permitted to enter Mexico without prior authorization from the Mexican authorities. It is unclear at this time whether any restrictions will be placed on the type of U.S. visa which will qualify for the exemption. Currently, only restricted and regulated nationals who are permanent residents of the United States are eligible for the visa exemption. Fragomen will provide updates on the new exemption as additional information becomes available.

New Work Permit Format

As of May 1, 2010, foreign nationals who require a work permit are being issued the new “nonimmigrant photo credential” work permit (fotocredencial del No Inmigrante). The new work permit is an identification card bearing the holder’s photo and a barcode designed to expedite the admission process. It replaces the FM-3 nonimmigrant permit. The FM-3 had previously served as the work permit for a wide range of employment categories, including executives, managers, administrators and other professionals. Current FM-3 permit holders in Mexico will be issued the new nonimmigrant photo credential work permit upon renewal of their work authorized status.

Changes of Employer or Job Title

Under the new rules, nonimmigrant photo credential work permit holders who seek to change employers or job titles may do so without prior authorization from the Mexican authorities, provided they continue to work in the same industry and type of position originally authorized. Previously, work permits were specific to a particular employer and position, and foreign nationals could only change employers or job titles at the discretion of the Mexican authorities. As before, employers must notify immigration authorities whenever their foreign workers’ employment is terminated before the expected end date.

Employer Reporting Obligations Unchanged

Employers’ reporting obligations remain unchanged under the new rules. Employers who hire foreign nationals in Mexico must notify the immigration authorities within 15 days of terminating a foreign employee or following changes to a foreign employee’s professional activities, domicile, marital status or dependent family members (e.g., birth of a child on Mexican soil).

New Online Appointment System

Applicants or their representatives are now required to make an appointment in order to file applications of any kind with the immigration authorities in Mexico. Because applications must now be filed based on the immigration authorities’ appointment schedule and may no longer be filed immediately upon preparation, processing delays may occur.

In preparing this article, Fragomen worked closely with Aguilar Noble, Salgado & Asociados (Mexico). 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 lar@fragomen.com.

Source: Fragomen

Israel: Employers Face New Worksite Compliance Requirements

Effective immediately, employers in Israel are subject to stricter civil and criminal penalties for workplace immigration violations, and may be required to provide documentation of immigration compliance with their tax filings, according to an Israeli government announcement. These measures are designed to deter the unlawful hiring of foreign workers. In a separate development, the work permit application fee has been increased.

New Penalties for Unlawful Employment

Under the new rules, companies and their officers are subject to a range of civil and criminal penalties for violations of Israeli immigration law. Companies found to have hired foreign nationals unlawfully will have their names published on the government’s official website and be subject to fines of at least NIS 25,000 (approximately US$ 6,600) for every worker hired unlawfully. In addition, all foreign employees of companies found to be noncompliant are to have their work permits and visas revoked, and will be required to depart the country.

The new rules impose a duty on corporate officers to take steps to prevent immigration violations. Where a company is found to have hired foreign workers unlawfully, corporate officers are presumed to have breached their duty and may be held individually liable and subject to civil and criminal penalties and fines, up to and including imprisonment. Penalties are assessed based on the severity of the violations; factors include the length of the illegal employment, the company’s track record on compliance and the unlawful workers’ employment conditions.

Employers who may be at risk of noncompliance are urged to contact their Fragomen global immigration professional immediately to take corrective action.

New Tax Requirement for Employers of Foreign Nationals

Israeli companies that hire foreign nationals must now provide proof of immigration compliance in order to claim deductions for expenses incurred in connection with their foreign workforce, according to the recent announcement.

Work Permit Application Fee Increase

Effective immediately, the work permit application fee is NIS 1,110 (approximately US$ 290), up from NIS 833 (approximately US$ 221).

In preparing this article, Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel). 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

Switzerland: New Work Permit Quotas Released for July through December 2010

The Swiss Federal Council has announced the release of an additional quota of B-Permits (used for long-term assignments) and L-Permits (issued for a period up to one year) for the period July through December 2010, as follows:

B-Permits: 1,000 B-Permits have been made available for the period July through December for a total 2010 quota of 3,000 B-Permits. Two thousand B-Permits were made available for the period January through June.

L-Permits: 4,500 L-Permits have been made available for the period July through December for a total 2010 quota of 8,000 L-Permits. There were 3,500 L-Permits made available for the period January through June.

The overall permit allocations have changed from 2009, when the quotas were 4,000 B-Permits and 7,000 L-Permits. Due to an increased demand for L-Permits among the various Swiss industry sectors, the Swiss Federal Council has reallocated quota numbers, reducing the total B-permit quota for 2010 in favor of increasing the 2010 L-permit quota.

The Council has not yet announced how these national quotas will be divided among the cantons. Fragomen is closely monitoring this situation and will issue additional alerts as more information is released.

As a reminder, work permit quotas generally apply only to first-time applicants seeking to take up employment in Switzerland, and the B-Permit quota also applies to those seeking to convert an L-Permit into a B-Permit. Work permit extensions are not subject to the quotas. Prospective non-European national workers may also be eligible for four-month work permits, which are not subject to a quota but have other restrictions, including limits on the ability to extend status from within Switzerland.

In preparing this alert, Fragomen worked closely with Suter Howald Attorneys at Law in Zurich, Switzerland. The content of this alert is provided for informational purposes only.

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

Source: Fragomen

Malaysia New Procedure and Additional Documentary Requirements for Position Approval (“Stage 1”) Applications Filed with the Immigration Head Office

From May 1, 2010, the Malaysian Immigration Department (MID) will implement a new procedure and require additional documents for “Stage 1” Employment Pass and Visit Pass (Temporary Employment) applications submitted to the MID headquarters office in Putrajaya. A Stage 1 application seeks approval of a position that a foreign national may fill within the company.

Under the new procedure, sponsoring employers will generally be required to designate one of their employees to submit their Stage 1 applications in person at the MID headquarters office. The designated employee must present the following documents during the submission: (1) a copy of his/her Malaysian identity card; and (2) a copy of his/her latest Employee Provident Fund (EPF) statement showing that the employer is making EPF contributions for his/her benefit. These documents must be certified by an authorized officer of the sponsoring company.

As an alternative to filing through a designated employee, employers may continue to use their immigration providers to file Stage 1 applications, provided that the following documents are submitted with each application: (1) a letter authorizing the filing, signed by the local company signatory and stating the signatory’s contact details, and (2) copies of the signatory’s Malaysian identity card and his/her latest EPF statement, which must be certified by an authorized officer of the sponsoring company. Previously, these documents were not required.

In preparing this alert, Fragomen worked closely with the law firm of Shearn Delamore & Co. in Kuala Lumpur, Malaysia. The content of this alert is provided for informational purposes only.

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

Source: Fragomen

Costa Rica: New Immigration Law Takes Effect

Costa Rica adopted a new immigration law that went into effect on March 1, 2010. In addition to significant changes to the business visitor and temporary residence categories (reported here), the new law introduces a new social security registration requirement for residence and work permit applicants, imposes heightened penalties on foreign nationals who remain in Costa Rica beyond their authorized period of stay and significantly increases filing fees for residence applications.

New Social Security Registration Requirement
Foreign applicants for residence and work authorization, including intracompany transferees and seconded employees who remain on their home country employer’s payroll, must now provide proof that they have registered with the Costa Rican Social Security Administration (CCSS) prior to submitting their applications, including change-of-status and renewal applications. Applications submitted by unregistered foreign nationals will be denied. Previously, while foreign nationals were subject to the social security registration requirement, they were not required to provide proof of their registration with the CCSS prior to applying for residence or work authorization.

New Penalties for Noncompliance
Foreign nationals who remain in Costa Rica beyond their authorized period of stay are now subject to fines of US$ 100 per month of overstay. Foreign nationals who do not pay their fines for overstaying are now barred from re-entering Costa Rica for a period equal to three times the period of their overstay. For example, if a foreign national remains in Costa Rica illegally for two months and fails to pay the corresponding fine, he or she will be barred from reentering Costa Rica for six months from the date of his or her last departure.

Heightened Filing Fees for Residence Applications
Under the new law, filing fees for initial and renewal residence applications increased to US$ 250 (up from US$ 30), and US$ 123 (up from US$ 58) respectively.

The Costa Rican authorities have not yet issued implementing regulations for the new law. Fragomen is monitoring the situation and will 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 lar@fragomen.com.

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

India: Foreign Nationals Face New Procedures and Increased Wait Times as Bangalore Foreigners’ Registration Office Assumes Regional Enforcement Authority

Foreign nationals residing within the jurisdiction of the Foreigners’ Registration Office (FRO) in Bangalore now must follow new registration procedures due to the elevation of the FRO to the status of Foreigners’ Regional Registration Office (FRRO) on January 11. As an FRRO, the office will provide an increased immigration enforcement presence in the city. Registration applicants should be prepared for increased wait times to file applications and collect documentation as a result of the procedural changes.

The Foreigners’ Registration Office (FRO) in Bangalore has been elevated to the status of a Foreigners’ Regional Registration Office (FRRO), effective January 11, 2010. The move to FRRO operations in Bangalore has resulted in several procedural changes, as well as additional security requirements, which have increased wait times for foreign nationals registering their presence in India.

Foreign nationals holding any visa valid for more than 180 days must register at their local FRRO or FRO within 14 calendar days of arrival in India. The registration requirement, if applicable, is generally noted on the visa. A new registration must be completed when a visa is renewed, or if the registered foreign national’s personal information (such as a residential address) has changed.

While it was previously necessary for a registration applicant to appear in person at the Bangalore FRO only when filing a registration application, Bangalore registration applicants (including children) are now required to visit the FRRO in person both to submit applications and for endorsement and collection of immigration documentation. In addition, applications may only be submitted between 9:30 a.m. and 1:00 p.m., while submissions previously were accepted from 11 a.m. to 5:30 p.m. Documents can now be collected only between 4:30 and 5:30 p.m. On a positive note, the Bangalore FRRO will process registration applications in one working day, whereas the processing time at the Bangalore FRO was typically three to five working days.

The reduction in application and collection hours has resulted in long queues at the Bangalore FRRO and applicants should be prepared for longer wait times. However, a new system may be introduced in the coming weeks to help streamline the application process and reduce wait times.

The elevation of the Bangalore FRO to an FRRO was due to a need for an increased immigration enforcement presence in the city, a result of Bangalore’s rapid development as the information technology hub of India and the large number of foreign companies and foreign nationals settling there. An FRO office is usually a Commissioner of Police or District Superintendent of Police office that also oversees in-country immigration functions and reports to the State Government. An FRRO is dedicated entirely to in-country immigration procedures and reports to the Indian Ministry of Home Affairs and the Intelligence Bureau. The FRRO in Bangalore is the sixth such office in the country. There are also FRROs in New Delhi, Mumbai, Chennai, Kolkata and Amritsar.

Please note that Fragomen staff are available to provide guidance to assignees and to accompany assignees to the Bangalore FRRO, as needed, and will be present at the Bangalore FRRO to assist with any difficulties that might arise.

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 toindiaqueries_newpolicy@fragomen.com.

Source: Fragomen