Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

An important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.

The legislation imposes significant obligations on EU member states in two respects:

• a single procedure for non-EU migrants to apply for a combined work and residence permit; and
• equal rights for third-country nationals working legally within the EU.

The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).

To learn more about the Directive and its potential implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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From the end of February 2012, the United Kingdom is extending the requirement to register biometric details to all non-EEA applicants within the country who are applying for visas of more than six months.

The UK government's move is in line with the European Union regulations specifying a uniform format for residence permits for third-country nationals. The UK was the first EU member state to implement the programme, introducing electronic residence permit cards for some immigration categories from November 2008. The new extension will complete the rollout to all in-country applicants with effect from 29 February 2012.

To learn about the requirement and its implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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By Shin-I Lowe

On November 12, 2011, while meeting in Honolulu with Asia-Pacific Economic Cooperation (APEC) leaders, President Obama signed the APEC Business Travel Card (ABTC) Act, which will expedite travel in the Asia-Pacific region for qualified American travelers. Under the Act, U.S. Customs and Border Protection is authorized to issue the ABTC to U.S. citizens as part of its Global Entry program. Cardholders will receive expedited scheduling of visa interviews and access to fast-track immigration lanes at airports in APEC's 21 economies.

The Act, which unanimously passed Congress earlier this month, allows U.S. business people to apply for the cards for reciprocal rights in the region. Cardholders will have pre-cleared immigration entry into the 18 fully participating member economies, eliminating the cost and time involved in obtaining visas. Cardholders also will benefit from expedited transit through special fast-track lanes at major airports and seaports in all 21 economies.

An APEC press release cited business leaders’ praise of the development as a “clear signal” that the United States is helping businesses as they seek stronger trade ties in the Asia-Pacific region.

Photo credit: Official White House Photo by Pete Souza
 

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The Migration Advisory Committee (MAC) has recommended to Parliament that the shortage occupation list under Tier 2 of the United Kingdom’s point-based immigration system be reduced to cover 190,000 employees (not migrants) – by comparison, in 2007 the number was 1,000,000. MAC has recommended eliminating 29 job titles from the list (e.g., veterinary surgeons, obstetrics and gynecology consultants) and adding 33 job titles (e.g., actuaries, high integrity pipe welders). If the recommendations are accepted, the listed occupations would be the only positions open to migrants from outside the European Economic Area under Tier 2’s shortage occupation route, which has an annual limit of 20,700.

The full 252-page report is available here (pdf).

Photo credit: Alina Hart

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A recent report by the New York Times observes that, as global migration has increased, so has the importance and influence of the International Organization for Migration (IOM), an intergovernmental organization focusing on migration-related issues. IOM, founded in 1951 and comprised of 132 member countries (89 of which joined in the past 20 years), assists governments and individuals. For example, IOM has helped recruit meatpackers for Canada, assisted the U.K. government screen would-be migrants for tuberculosis, and installed microscopes in Bangladesh’s airports to detect passport fraud. Assistance for individuals has included aiding migrants’ repatriation during armed conflicts, and staging folk dramas to warn against sex trafficking.

The Times observes that IOM’s influence varies by location, noting that “[t]he United States and other rich donors largely dictate [IOM’s] agenda and ensure that it does not erode their power to decide which migrants they admit and how many.” In nations whose labor needs are satisfied via migrant workforces, and in nations that supply migrant workers, IOM plays a heightened role in guiding policy and educating and assisting workers. Although some of IOM’s actions have been criticized by policy groups and government officials, with a $1.4 billion budget, it appears that the group, originally established to resettle Europeans displaced by World War II, will remain an active participant in global migration affairs.

Photo credit: Vasare

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By Andrew Osborne and Anita de Atouguia of Lewis Silkin

The UK Border Agency has finally opened up the Tier 1 (Exceptional Talent) route. This route is for exceptionally talented individuals in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise and are likely to become leaders in their particular areas.

To qualify under this category, applicants need to obtain an endorsement from a Designated Competent Body (“DCB”). The DCB’s include:

• The Arts Council England
• The British Academy
• The Royal Academy of Engineering
• The Royal Society

The DCB’s have agreed specified eligibility criteria and Code of Practice with the UK Border Agency. There is a limit of 1,000 in the first year of operation, of which the first half year allocation of 500 will be decided from 9 August through 30 November 2011. The remaining 500 will be allocated from 1 December 2011 to 5 April 2012. Applicants must apply for entry clearance only. There is no provision to switch into this category from within the UK.

Photo credit: David Franklin

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Australia’s Department of Immigration and Citizenship announced that, as of July 1, 2011, thirteen occupations (e.g., medical physicist, barrister, retail pharmacist) will be added to its Skilled Occupation List, while four will be removed (optometrist, orthoptist, panel beater, and vehicle painter). The amended list is the result of independent expert advice that identified specialized occupations of high value to Australia. The updated list will apply to new independent or unsponsored skilled migration applications submitted on or after July 1, 2011, subject to certain exceptions concerning transitional arrangements.

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By George Koureas of Lewis Silkin

The UK Border Agency’s permanent immigration cap came into force on 6 April 2011. Under the annual limit, UK employers will only be able to hire 20,700 non EEA nationals based outside the UK to work in skilled professions under Tier 2 (General) of the UK's Points Based System. A further 1,000 visas will also be made available to people of 'exceptional talent' whom experts believe will make the biggest contribution to science and the arts in the UK.

New hires under Tier 2 (General) coming to the UK will also need to have a graduate level job, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.

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The UK Border Agency has announced its annual update to the occupation codes of practice for sponsored skilled workers, with an effective date of March 1, 2011. To sponsor a migrant worker from outside Europe under Tier 2 or Tier 5 of the points-based immigration system, employers must use the codes of practice to: (1) check the skill level and appropriate pay for the job; and (2) determine where in the United Kingdom the job must be advertised before it can be offered to a migrant worker. Employers also must consult the latest version of the codes of practice before issuing a certificate of sponsorship.

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The European Parliament has announced two visa waiver agreements with Brazil, one concerning ordinary passport holders and the other for diplomatic, official and service passport holders. Under the agreements, all EU citizens, including nationals of Estonia, Latvia, Malta and Cyprus (who previously had needed visas to enter Brazil), can travel visa-free to Brazil for tourism and business stays of up to three months.

The new agreements do not apply to:

• students, researchers, artists, and members of religious orders, whose travel is governed by existing treaties between individual EU Member States and Brazil; or
• individuals seeking paid work. The agreements do not prevent EU Member States and Brazil from imposing visa requirements in accordance with (1) applicable EU or national law or (2) bilateral agreements that cover individuals seeking paid work.

Photo credit: Tobia Wolter

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In a July 2010 proposal, the European Commission proposed a directive that would create a uniform standard for all 27 member states concerning international intra-corporate transfers (ICTs) of highly skilled employees. The proposal permits managers and specialists to remain in a member state for up to three years (trainees for up to one year), and to bring their family along. Many businesses, currently confronted with different applicable standards among member states, support the proposal, which many believe would increase competitiveness by allowing companies to bring their best and brightest overseas—albeit temporarily—to develop, strengthen and expand EU operations. Moreover, because ICT costs, including relocation, transportation and insurance, can be burdensome, uniform rules permitting longer stays would potentially offset front-end expenditures.

Support, however, is lacking among union representatives, according to EurActiv.com. One trade union official expressed concern that ICTs will permit companies to “flood labor markets with cheap labor that undermine local conditions.”

European Parliament and member states are expected to discuss the proposed ICT directive during the first half of 2011.

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According to euobserver.com, a proposal in the European Union (EU), if adopted, would require the collection of Passenger Name Record (PNR) data of travelers flying internationally into or out of the EU. The proposal does not apply to travelers flying between EU member states.

PNR data include an individual’s home address, mobile phone number, credit card information and email address. The data are collected in the departure country, then forwarded to the arrival country for security screening purposes. Such a procedure exists in the United States: airlines flying into and over the United States must provide authorities with all passengers’ PNR data.

Support among EU member states is mixed. The proposal’s supporters point to reports that data collection resulted in 1,800 individuals being denied entry to the United States in 2008 based on data revealing links to terrorist cells or organized crime. Opponents express concerns about infringements upon civil liberties and contend that the burden on governments to maintain another huge information database (and on businesses to collect and supply this information) is onerous.
 

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The Overseas Citizen of India (OCI) and People of Indian Origin (PIO) cards will be merged in order to facilitate cardholders’ visa-free travel to India, residency rights, and participation in business and educational activities in the country, reports The Hindu. For information on the current differences between the cards, please see the India Ministry of Home Affairs’ comparative chart (pdf).

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The UK Border Agency recently announced some additional details regarding the cap on number of certificates of sponsorship issued under Tier 2 (General) of the points-based system. Beginning in April 2011, an annual limit will be placed on Tier 2 (General) applications. Moreover, until April 5, 2011, an interim limit on the total number of certificates of sponsorship that sponsors can issue under Tier 2 (General) is in effect: 10,382 certificates (including initial and extension applications). Included in the interim limit are certificates already allocated to sponsors. However, a small number of certificates have been set aside and sponsors may be allocated additional certificates if they are:

• an existing sponsor and exceptional circumstances exist; or
• a new sponsor.

The following types of Tier 2 applications are not included in the interim limit: intra-company transfers; ministers of religion; and sportspersons.

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Beginning January 1, 2011, skilled and professional foreign workers in the United Arab Emirates (UAE) will no longer need to obtain a no-objection certificate from their former employer in order to take a new position elsewhere, reports The National. Instead, the only requirement will be to obtain a visa stamp from the Ministry of Labour. The change is significant: previously, employers could refuse to issue a no-objection certificate, which forced workers to exit the UAE for six months before they could take a new position.

As for unskilled and semi-skilled workers, the employer’s consent is required for a worker to change jobs, but only during the first two years of employment. Also, the consent requirement is waived if the employer does not meet basic employment standards.

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On December 17, 2010, the UK High Court held that the Home Office’s temporary cap on the number of non-EU citizen skilled workers allowed entry to the UK was introduced unlawfully. As reported by the BBC, the High Court found that ministers had “sidestepped” Parliamentary scrutiny by implementing the measure without a vote. Due to this ruling, the temporary cap for two tiers of job applicants—which was intended to stay in place until the permanent cap takes effect in April 2011—is no longer in effect.

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The federal government has announced changes to the Temporary Foreign Workers Program to enhance the protection of temporary foreign workers. To learn more about the changes and their implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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The UK Government has announced the figures for the permanent cap on non-European Union migration to the United Kingdom. In its bid to reduce net migration to the tens of thousands by 2015, the Home Secretary Theresa May announced a figure of 21,700 as the yearly limit on migrants entering the UK from outside the EU. However, this cap excludes the categories for "Tier 2" intra-company transfers. To learn more about the cap and its implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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As noted by Daily News & Analysis, although the Indian government has removed the 1% cap on foreign worker visas for infrastructure projects, the requirement that employment visa applicants draw a salary in excess of $25,000 USD remains (see Part B of FAQs Relating to Work Related Visas Issued by India (pdf)). However, the salary requirement does not apply to: ethnic cooks; language teachers (other than English language teachers)/translators; or consular staff working in India.

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Over the next decade, China will attempt to increase its “cultural soft power” and to become the premier academic destination in Asia by attracting greater numbers of foreign students to enroll in degree courses, reports China Daily. To accomplish its goal of having 150,000 foreign students enrolled in degree courses in 2020, China’s central government will make additional national scholarships available and will encourage provincial governments, schools, enterprises and social organizations to expand their scholarship programs.

China hit a record high of 240,000 international students in 2009, but less than half enrolled in degree courses – the majority (60%) were enrolled in Chinese language courses. Since the 1950s, 1.7 million overseas students have studied in China. China’s ambitious plan includes enrollment, in 2020, of 500,000 foreign students, which is nearly one-third of the last half century’s combined total.
 

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India has removed the 1% cap on visas for foreign nationals on project workforces, the Hindustan Times reports. The cap was introduced in order to cut back the large numbers of Chinese nationals working on infrastructure projects in India and to increase domestic employment. According to The Economic Times, the number of Chinese workers decreased after India streamlined its immigration processes by only issuing employment visas to skilled Chinese nationals, so the cap was no longer necessary.

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India’s Ministry of Home Affairs has released a new Frequently Asked Questions (FAQ) (pdf) concerning work-related visas. As previously discussed, the Ministry issued a separate FAQ on the same subject – business visas and employment visas – in October 2009. The most recent FAQ discusses 22 topics, including:

• the differences between business visas and employment visas;
• both visas’ eligibility criteria, duration, and required documentation;
• whether a business visa can be converted to an employment visa, and vice versa;
• which visas are required for Non-Governmental Organization workers; and
• which visas can be issued to family members of visa holders.

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Following two years of negotiations, the European Commission has adopted draft decisions regarding short-stay visa waiver agreements with Brazil for holders of ordinary passports and for holders of diplomatic, service and official passports. The waiver agreements will provide reciprocal visa-free travel for all Brazilian and European Union (EU) citizens, including nationals of Malta, Estonia, Cyprus and Latvia (who currently cannot travel to Brazil without a visa). Before the proposed visa waiver can take effect, the decisions must be approved by the European Council and the agreements must be ratified by all EU member states and the Brazilian parliament.

Photo Credit: Tobias Wolter

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As of July 19, 2010, rules for the United Kingdom’s Points Based System have changed (pdf), permitting the Secretary of State to limit the number of Certificates of Sponsorship (CoS) assigned to sponsors, and to limit the number of CoS assigned to specific sponsors in any one period. The UK Border Agency (UKBA) released updated guidance on Tier 2 (General) sponsorship (pdf), which outlines the changes. UKBA will send each sponsor a letter detailing their individual CoS allocation for the interim period, which runs from July 19, 2010, to March 31, 2011.

Some sponsors will be given a “zero allocation” for the period, limiting their sponsorship to existing employed migrants, and preventing sponsorship of new employees unless the sponsor applies for “exceptional consideration,” which might result in additional CoS being issued. Moreover, sponsors that are downgraded to a B-rating will automatically have their allocation set to zero “until they demonstrate their commitment to make improvements by signing up to (and paying fees associated with) a sponsorship action plan.” 

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The UK Border Agency announced that, beginning July 19, 2010, it will limit how many applications submitted under Tier 1 (General) of the points-based system will be considered per month. A long-term limit will be imposed in April 2011. Additionally, the score necessary for approval of a Tier 1 (General) work permit will increase from 95 to 100 points.

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The UK Border Agency announced that on July 19, 2010, it will introduce an interim limit on the number of sponsorship certificates employers can issue to migrant workers. An annual limit will be introduced in April 2011.

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Daily News & Analysis reports that, in response to criticism over the government’s recent enforcement of a rarely-used 1955 law requiring nonresident Indians (NRIs) who became United States citizens to obtain surrender certificates and pay up to $425 for an Indian travel visa, India has amended its travel rules for NRIs. As a result:

• NRIs who became U.S. citizens before June 1, 2010 will not need to obtain a surrender certificate, but will be required to pay $20 to have their India passport stamped “cancelled.” NRIs who have lost their India passports will need to provide an affidavit and a copy of their U.S. naturalization certificate.
• NRIs obtaining U.S. citizenship on or after June 1, 2010 will be required to obtain a surrender certificate and pay $175.

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Switzerland will issue an additional 5,500 work permits in 2010 for individuals from countries outside the European Union and the European Free Trade Association, thereby doubling the number of available work permits to 11,000, according to Swissinfo. Work permit availability was halved in December 2009 amid fears of rising unemployment, but the government revised the policy upon observing that the economy is rebounding more quickly than anticipated.

Image credit: Fabio Fatuzzo

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India’s “visa on arrival” scheme has proven popular, with 1,793 visas issued in the first three months of a 12-month pilot program, according to The Economic Times. Intended to increase tourism, the program allows citizens of Singapore, Finland, New Zealand, Japan and Luxembourg to obtain a tourist visa upon arrival in India instead of securing the visa beforehand. More than half of the visas were obtained by tourists arriving at the Delhi airport. So far, Singapore nationals have been issued the largest number of visas (642) under the program.

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A “project visa” for foreign nationals working on joint ventures in India continues to be contemplated by the government, according to The Economic Times. The visa would be valid for the duration of a specific project and, possibly, divided into two categories: unskilled labor visas, and skilled labor visas.

India has struggled with employment-related immigration issues over the past several months. Previously, it tightened restrictions on foreign labor to increase employment opportunities for Indian nationals, putting a cap on how many visas would be issued to Chinese nationals working on projects in India. As a result, numerous projects fell behind schedule, particularly power plant construction.

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In connection with the implementation of a new automated immigration system, there was a brief period (March 30 to April 4, 2010), during which Kuwait’s Ministry of Social Affairs and Labor did not process transactions related to the issuance of work permits or the transference of expatriate residence, reports Arab Times. The new system, which has been delayed since 2007, took effect on April 4, 2010. The system aims to ease the exchange of information between the Ministry of Social Affairs and Labor and other ministries, reduce paper usage, and connect the government with local banks, according to KuwaitSamachar.com.

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The UK Border Agency (UKBA) has unveiled its “super premium service” for applicants seeking to extend their stay in the UK. For £15,000, the following services will be available:

• immigration application forms will be picked up by a Royal Mail courier;
• applicants can have their biometrics enrolled at a location of their choosing, including their home or business premises, at a time and date of their choosing (between 9:00 a.m. and 5:00 p.m., Monday through Friday); and
• a decision on the application will be made within 24 hours of the visit, if all requirements are met.

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Canada is on the verge of a backlog of skilled immigrant applications, reports the Toronto Star. Recent government data shows that the average processing time is seven and a half years. Currently, 600,000 applications have been submitted for the 80,055 available 2010 skilled immigrant visas, more than half of which were submitted after March 2008.

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In its revised Travel Alert on Chile, the State Department is advising U.S. citizens to avoid tourism and non-essential travel to Chile due to the February 27 earthquake’s aftermath. It has further advised Americans in Chile to apprise friends or family of their well-being via telephone or Internet.

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Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

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The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

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The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.

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The Indian government may be relaxing the rules that prevent business visa holders from working in India, according to The Economic Times. For instance, the government is identifying activities within the IT industry for which companies may employ—for limited periods—foreign nationals who do not hold work permits. Although the IT industry, which pushed for relaxation of the rules, applauded the move, it continues to press India to discard rules that limit the number of business visas available and restrict allocation of employment visas to 1% of a project’s total number of workers.

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Government officials and local businesses are uncertain whether Singapore, which is one of the world’s fastest-growing economies, can maintain strong economic growth levels over the next decade. As reported by The Wall Street Journal, the export-heavy Asian country is trailing other regional competitors in productivity and has been negatively impacted by the global financial crisis as its primary consumers, the United States and Europe, struggle to fully recover.

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JoongAngDaily reports that South Korea has eased the path to citizenship and relaxed immigration restrictions as follows:

• seventeen additional citizenship examination centers are opening in local immigration offices this month (previously, there was only one venue for taking citizenship examinations);
• companies can submit visa applications online (www.visa.go.kr) instead of sending company officials to apply on-site at immigration offices;
• procedures for obtaining re-entry permits following short home visits and overseas trips will be eased for international students and foreign nationals married to South Korean nationals;
• applicants who file re-entry applications on-site or through the Immigration Service’s official website will be permitted to make unlimited overseas trips and re-enter on multiple occasions regardless of their length of residence in South Korea; and
• individuals applying for re-entry will be exempt from paying fees.

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As this blog previously noted, as of January 6, 2010, the UK Border Agency (UKBA) has started issuing identity cards to skilled foreign workers and their dependents. The identity card confirms the holder's identity, nationality, and immigration status in the UK, and also indicates whether the holder is authorized to work or study under the country’s points-based immigration system.

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Turkey’s Labor and Social Security Ministry plans to launch an online application system for work permits this year, according to Today’s Zaman. The new system will speed up the application process and allow employers to track an application’s status. In the interim, petitioning employers must request a password through Turkey’s government web portal and then submit required documents by mail or in person. Decisions regarding applications will be sent to a company email address.

Image credit: Marc Mongenet

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Gulfnews.com reports that a single application form for United Arab Emirates residence visas, labor cards and identification cards will be available later this year. Instead of providing the same biographical data (e.g., name, nationality, marital status) on three separate applications, petitioners will complete one application and the information supplied will be used to process all three official documents. Approved applicants will then be issued an all-purpose identification card.

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By 2011, Malaysians might be required to obtain a visa in order to enter the United Kingdom, according to The Star Online. Presently, Malaysians may visit the U.K. for up to six months without a visa. However, the U.K. is considering rescinding Malaysia’s visa-free status due to the high number (an estimated 20,000) of Malaysian nationals overstaying and working illegally. If this occurs, Malaysian visa applicants will need to pay a nonrefundable processing fee of 1,200 Ringgits (approximately 350 USD; 220 GBP).

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Global Times reports that government officials are working to combat illegal immigration in southern China’s Guangdong province, home to 57,800 permanent — and more than 1.14 million temporary — foreign residents. During the first half of 2009, almost one-third of foreigners visiting China entered or exited through the province.

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The Times of India reports that, beginning February 1, 2010, an online application process for U.S. visas will be launched at consulates in India. Applicants will complete applications and answer additional questions online, print out a confirmation page, and then bring the document to a consular office.

Although the global economic crisis caused a decrease in the number of U.S. visa applications overall, student visa applications from India — the United States’ top source of foreign students —was up 9%, from 94,563 to 103,260, in 2009 as compared to 2008.

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Citizenship and Immigration Canada has announced that temporary residents seeking work permits or extensions of their stays in the country now can apply online. The online option, however, will not be available for co-op program work permit applications.

The online application will reduce processing time because, unlike paper applications which might be submitted partially complete, thereby requiring their return, online applications must be fully completed at the time of submission.

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The United Kingdom’s Identity and Passport Service (IPS) has introduced two new voluntary identification cards: 

• a national identification card for British nationals; and
• an identification card for European Economic Area (EEA) and Swiss nationals.

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The UK Border Agency has issued new advice to employers regarding the impact of company takeovers and restructurings on sponsor licenses and migrant workers.

Scenarios discussed in the advice include:

• takeovers of an entire sponsor organization by another organization;
• partial takeovers of a sponsor organization by another organization; and
• the splitting away of part of a sponsor organization to form a new organization.

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The BBC reports that the number of immigrants to Australia from China has surpassed those from New Zealand and the United Kingdom, thereby making China the country’s main source of immigrants. In the four months prior to October 2009, 6,350 Chinese nationals came to Australia. While emigration from China to Australia rose by 15% over the same period last year, it decreased from the UK and New Zealand by 28% and 47%, respectively. Emigration from the UK and New Zealand is largely employment-driven, whereas Chinese emigration is primarily to reunite families.

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The Daily Telegraph reports a significant increase in the number of foreign workers employed in the UK via intra company transfers under Tier 2 of the country’s points-based immigration system. In 2008, more than 48,000 intra-company transfer applications were filed; approximately 30,000 concerned foreign IT workers. In total, over 35,000 foreign IT workers entered the UK that year – three times the amount that entered during the height of the dot com boom in 2000.

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The Times of India reports that India’s tightening of restrictions for Business Visas (BV) and Employment Visas (EV) for foreign workers has delayed completion of numerous infrastructure projects. To remedy the situation, the home ministry has proposed a Project Visa (PV) that will allow foreign nationals to work on specific projects, mainly infrastructure and those of strategic importance. Currently the proposal is being examined by a government committee.

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A master’s degree will no longer be required for highly skilled workers seeking employment in the UK under Tier 1 of its points-based immigration system, according to the Financial Times. The move came in response to strong lobbying by business interests, who argued that the restrictions blocked access to the best talent as the UK tries to emerge from the global recession.

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The UK Border Agency announced that the Migration Advisory Committee (MAC) has completed its review of Tier 1 of the UK’s points-based immigration system. The MAC report recommends that:

• salary multipliers used to convert previous earnings (from outside the UK) into a UK equivalent should be rapidly and thoroughly reviewed;
• migrants with a bachelor's degree but no master's degree should be allowed to come to the UK if their previous earnings are sufficiently high;
• professional qualifications (e.g., law or accountancy) should be considered the equivalent of a master's degree;
• the pay thresholds should be substantially increased, with no points for previous annual earnings below £24,000;
• migrants with previous annual earnings of at least £150,000 should not need to meet the education requirements;
• applicants should receive points for their age if they are 39 or under; and
• successful applicants should initially be allowed to come to the UK for two years -- not three years -- with the possibility of a three-year extension if they are in highly skilled employment.

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The global economic crisis and rising unemployment have caused Croatia to drastically reduce the number of work permits it will grant, according to croatiantimes.com. Only 902 new work permits will be approved for 2010, compared to 4,267 in 2009. However, it is expected that the 6,000 foreign workers already in Croatia will get their work permits renewed.

Image credit: Zscout370

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New Zealand’s Minister of Immigration recently announced that a new visa scheme has been created to attract highly skilled individuals between the ages of 20 and 35. The “Silver Fern” policies, which will take effect in April 2010, create two types of permits.

• A “job search” permit allows qualifying individuals entry to New Zealand for nine months to seek skilled employment. Initially, permit availability will be limited to 300 per year.
• A “practical experience visa/permit” grants those who gain employment the right to work and reside in New Zealand for a further two years. There will be no annual limit to the number of applicants for this type of permit.

Image credit: ButterStick

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Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.

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In an effort to boost trade with India, Canada has announced a new visa scheme for business visitors from India, according to expressindia.com. The new scheme will offer multiple-entry visas to Indian citizens, and business visa applications will be cleared within 24 hours. Canada also intends to double the number of Indian students to whom visas will be awarded. The move comes as Canada and India finalize nuclear cooperation and investment protection agreements.

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Gulfnews.com reports that Kuwait’s Ministry of Interior will require foreign residents seeking to leave the country to obtain and present a clearance certificate demonstrating that they have paid their water and electricity bills. Moreover, expatriate employees working for ministries and various government institutions must obtain a clearance certificate before an exit permit to leave Kuwait will be granted. Unpaid water and electricity bills by residential users (both Kuwaitis and non-Kuwaitis) amounted to over $563 million in 2008, according to Kuwait’s Ministry of Electricity and Water.

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According to The Economic Times, changes to India’s visa scheme for Chinese nationals has resulted in a substantial decrease in the number of Chinese workers—from 650 to 100—at a power plant project in Mundra. Because of visa issues, the project, which is owned and operated by a consortium of Chinese businesses and is supervised by Chinese contractors, has replaced Chinese workers with Indian workers. Similar staffing changes have occurred at power projects in Haryana and Uttar Pradesh.

Photo Credit: Bert Marshall

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Responding to proposals by the Migration Advisory Committee, the UK Border Agency (UKBA) has announced that before employers may hire migrant workers for a job under Tier 2 of the points-based system, they must advertise the position for four weeks. Previously, the test required two weeks of advertising, or one week’s advertising for jobs with salaries of £40,000 or more. The change is intended to better support British nationals looking for skilled jobs as the country comes out of the economic downturn.

The change will take effect December 14, 2009. To provide flexibility to employers, the four weeks of advertising will not need to run continuously. Employers that have already advertised positions need not re-advertise to meet the requirement.

Updated guidance for Tier 2 sponsors will be provided on UKBA’s website on December 14.

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The economic recession has resulted in a growing number of U.S. jobseekers, particularly those at the executive level, seeking (and securing) employment abroad, according to USA Today. Although the number of candidates remains relatively small, the trend reverses a longtime pattern of greater numbers of foreign workers seeking jobs in the U.S. than the reverse.

Recruiters cite India, China, Brazil, Dubai and Singapore as the “hottest” markets. Candidates in the fields of engineering, investment banking, computer technology, manufacturing and consulting are in high demand.

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Senators Bernie Sanders (I-Vt.) and Charles Grassley (R-Iowa) have introduced legislation that would prevent large companies that conduct mass layoffs from hiring foreign labor through guest worker programs. The Employ America Act (S. 2804) (pdf) builds on similar prohibitions included in the American Recovery and Reinvestment Act (ARRA or “Economic Stimulus”), which prevents companies receiving funds through the Troubled Asset Relief Program (TARP) from replacing laid-off citizen workers with foreign labor. Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.
 

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According to IBN Live, visa applications by Pakistan-born U.S. citizens seeking to visit India will now be processed by authorities in New Delhi, rather than by the Indian embassy in Washington, D.C. or by consulates. Visa approvals had been tightened by the Indian embassy in Washington, D.C.

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The Times of India reports that India has issued a travel advisory in response to the Chinese embassy’s practice of stapling paper visas to passports of individuals from Jammu, Kashmir and Arunachal Pradesh. Indian officials have declared these visas invalid because they do not conform to the usual practice of pasting visas to passports. The advisory reminds Indians traveling to China to ensure that the visas are pasted onto their passports.

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As reported recently on this blog, the Government of India's Ministry of Home Affairs has released guidance on permissible use of Business Visas and Employment Visas by foreign nationals visiting India. This development has significant implications for multinational corporations sending employees to India on short-term assignments. For an update regarding this uncertain legal development based on feedback from companies whose employees have been directly affected by this situation, continue reading Littler's ASAP "India Guidance on Its Visa Regimes May Create Major Change for Companies Doing Business in India," written by Ian Macdonald.

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According to The National, the United Arab Emirates Ministry of Labour (MOL) plans to reform the system by which it accepts work permit applications through external typing offices, following reports of abuse, including forgery. The external typing offices submit applications directly to the MOL on behalf of individuals and companies, collect ministry fees and fines, and provide legal advice. There are approximately 5,000 of these offices, and currently they can operate without a license.

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gantdaily.com reports that Canada will cut its immigrant visa quota by 3,000 while keeping the 2010 permanent resident visa quota at current levels of between 240,000 and 265,000. The lower immigrant visa quota is based on the 18-month processing time for applications of refugee status claimants. The quota, however, may go up again in 2011 and 2012 because vacancies on the Immigration and Refugee Board will soon be filled.

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Gulf News reports that remaining outside the UAE for six months or longer will result in the automatic cancellation of a residence permit. The condition is not new – it is contained in the Federal Residency Law – but it had not been rigorously enforced. Now, however, a residence permit holder who remains outside the UAE for more than six months must reapply for a visa to re-enter. Exemptions may be granted, but only under specific circumstances.

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India's Ministry of Home Affairs (MHA) has released an FAQ (pdf) to clarify the two types of visas available for work-related visits to India: business visas (“B” visas) and employment visas (“E” visas).

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According to Maktoob Business, uncertainty remains two years after Oman enacted a law granting residency visas to foreign property owners, mainly because the law did not specify whether developers or the government would issue the visa. As a result, many foreign property owners have been unable to secure a residency visa. Instead, individuals who wish to remain in Oman for longer than one month must either secure a visa through their employer or renew a visitor’s visa on a monthly basis (which requires exiting Oman in order to apply for the visa).

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The Philippines has revised its guidelines for issuing alien employment permits (AEP), reports the Oman Tribune. The new rules require foreign workers—and domestic and foreign employers looking to employ them—to obtain an AEP. Individuals and companies can face a fine of $200 for every year that a foreign worker is employed without an AEP.

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Work permit quotas for 2009 in the Swiss Cantons of Aargau, Geneva, Vaud, Zug, and Zurich have been exhausted. As a result, employers may not sponsor one-year work permits for non-European Union (EU) foreign nationals or nationals of EU countries on assignment in these Cantons until 2010.

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As reported by Business Standard, sources suggest that a new visa is being developed for Chinese nationals working on contract labor projects in India. The move comes in response to Indian laborers' concerns that many projects, particularly those financed and operated by Chinese companies, import Chinese labor instead of hiring locally, thereby negatively impacting the Indian workforce. Although details have yet to be released, the new visa would ostensibly set defined lengths of stay for Chinese laborers and only be issued for specific projects.

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Khaleej Times reports that the United Arab Emirates is leveraging technology to expedite residency permit applications. Specifically, physical fitness test results, a requirement for new and renewed residency permits, are being delivered electronically by the Dubai Health Authority directly to the Dubai Naturalisation and Residency Department (DNRD). Previously, applicants had to manually retrieve and deliver the results. The new system notifies applicants via text message that their results have been delivered and that they should proceed to DNRD to complete further paperwork.

Officials estimate that the system can process 40,000 tests a month, with each result taking approximately five days to process. Nevertheless, applicants with an urgent need can apply for test results to be transferred within 24 hours.

Photo credit: Niklas Bildhauer

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South Africa might introduce a universal African visa for visitors attending FIFA’s World Cup in Johannesburg next year, according to Bua News. The visa, however, will require the approval of other African nations. Assuming enough support can be garnered, visa holders could travel to other participating African states during their visit to South Africa.

South Africa previously created an “events visa,” which was specifically introduced to ease the way for soccer fans planning to visit the country for the event. 

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The New York Times reports that Chinese health officials will abolish mandatory testing for hepatitis B during medical exams given to prospective college students, factory workers and government employees. This policy change means that individuals who test positive for hepatitis B will no longer be automatically barred from classrooms and jobs. Experts contend that cancelling blood testing for employment and academic purposes will not cause the disease to spread.

The change, brought about by public pressure, is significant because 120 million people in China are estimated to be infected with hepatitis B. Infected individuals have been prohibited from attending medical school, securing teaching positions or filling jobs in the food production industry.

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The Business Standard reports that India’s Parliament is expected to propose legislation that will increase criminal penalties for human smuggling in an effort to curb exploitation of Indian workers abroad by recruiting agencies and employers. The proposed legislation is also intended to make the emigration process simple and transparent. Under the new law, recruiting agencies will be required to register with the Emigration Management Authority (EMA), a new body that will replace the Protector General of Emigrants. Moreover, recruiting agencies will be subject to periodic performance reviews and rated by the government. In addition, foreign employers in certain countries favored by Indians seeking employment abroad will need to be accredited before they can hire Indian nationals.

Photo Credit: Dhirad

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The UK Border Agency unveiled updated guidance notes for Tiers 1, 2 and 5 of its points-based immigration system. Significant changes include:

• The English language requirement has been eliminated for individuals switching in country from leave as a Business person to Tier 1 (Entrepreneur).
• "Representatives of overseas Businesses" has been added to the list of immigration routes from which it is possible to switch into Tier 2.
• The maximum 10% limit on share ownership no longer applies to Tier 2 (Intra-Company transfer) applications
• Tier 5 (Temporary Worker) applicants granted leave to enter for up to three months upon arrival in the UK will have their leave automatically lapse once they travel outside the Common Travel Area (UK, Republic of Ireland, the Isle of Man and the Channel Islands), thereby prohibiting automatic re-entry to the UK on the basis of their original grant of leave.

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The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.

To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).

Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010. 

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The Sunday Business Post reports that Ireland may require all non-EU citizens traveling to Ireland for periods of several months or longer to obtain a visa. Currently, Ireland designates countries as either “visa required” or “non-visa required,” regardless of the proposed length of stay. The proposal comes amidst concerns that student visas and other types of visas are being used to gain back-door access to Ireland’s labor market.

Beginning January 1, 2011, Ireland plans to require a visa for students staying more than three months. Under the proposal, the Irish Naturalisation and Immigration Service seeks to introduce a visa requirement more in line with other countries’ immigration practices. In the interim, analysis will be conducted to determine whether certain countries will be exempted and whether long-stay visitors will need visas. The proposal will not be implemented until the government is confident that changes will not adversely impact visa processing times.

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The UK Border Agency has announced that immigration applicants may now book appointments online under the following circumstances: 

• an applicant may submit a “premium application” (for a higher fee) to receive a same-day decision during an in-person appointment at a public enquiry office; or
• an applicant who submitted an application by mail but needs to provide biometric information at either a public enquiry office or biometric enrollment center.

Family groups of 11 or more applying collectively must use the telephone booking service to schedule appointments. The telephone booking service will remain operative for individuals without internet access and for those who prefer to call.

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The UK Border Agency confirmed that, beginning October 5, 2009, Tier 4 education sponsors can enter phase 3, a voluntary trial period under the UK’s points-based immigration system. During the trial period, sponsors are permitted to issue potential students visa letters while transitioning to using the sponsorship system to issue confirmations of acceptance for studies.

From October 5, 2009, to February 2010, sponsors can issue confirmations, visa letters, or both to potential students applying from within the United Kingdom. Applicants from outside the United Kingdom will still have to apply with a visa letter until February 2010.

Confirmations of acceptance for studies will become mandatory in February 2010.

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The New York Times reports that, in order to cut costs, companies have been sending fewer employees on long-term overseas assignments. However, short-term assignments, which last from several months to a year, have increased in popularity over the past eight years.

Although shorter assignments are more cost effective, companies face an increased risk of violating immigration and tax laws in the host country, and the consequent deportation of its employees or closure of its business. The article cites a KPMG report which found it difficult for companies to meet their compliance obligations because employees on extended business travel frequently move between multiple locations and have unpredictable schedules.

Notwithstanding the résumé value derived from overseas assignments, employees often find it difficult to accept short-term overseas assignments because prior commitments (school, mortgages, etc.) prevent the entire family from moving abroad. Other negatives include the increased expense incurred for communications, and the additional burdens placed on the non-traveling partner for managing household and childcare responsibilities. 

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Health certificates authenticating that individuals are free of the H1N1 virus will be required for visitors to the United Arab Emirates (UAE) who are performing Haj, the annual Muslim pilgrimage to Mecca in Saudi Arabia. According to a Khaleej Times article, the certificate will be “issued by accredited government health providers, not private health facilities, to guarantee greater accuracy in medical examination.” The UAE will not permit pilgrims to travel to Saudi Arabia without the certificate.

In addition:

• the certificate will be signed by the doctor to ensure accuracy;
• an e-system will be used to prevent fraud; and
• screening for chronic diseases that impact immune systems will be conducted, with the goal of protecting pilgrims from diseases.

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The U.S. State Department has announced a travel alert for India. U.S. citizens visiting or living in India are cautioned about possible terrorist attacks throughout India during the country’s current holiday season which also coincides with the anniversary of the September 11th attacks. It has been less than one year since the Mumbai attacks in which hotels and other public places were targeted.

Accordingly, U.S. citizens are advised to:

• be aware of local surroundings;
• maintain a low profile;
• monitor local news reports;
• consider the security level of venues before visiting them; and
• register with the nearest U.S. Embassy or Consulate via the State Department’s website. Those without internet access can register directly at any of the five diplomatic offices.

The travel alert will expire on October 30, 2009.

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Australia has amended the requirements for its subclass 457 visa (Temporary Business – Long Stay) for the stated purpose of preventing exploitation of foreign workers and ensuring that they are not brought in to undercut national wages. Subclass 457 visas are the most commonly used visa for sponsoring foreign workers in Australia. The visas can be valid for a period between three months and four years.

Under the amended rules, employers sponsoring foreign employees on subclass 457 visas are required to pay the market rate for the position. Employers currently paying below the market salary rate to existing subclass 457 visa holders will have until January 1, 2010 to commence paying market rates.

Where an Australian national occupies a similar position, a foreign worker’s rate will be based on that employee’s salary, benefits, etc. Where no equivalent Australian employee exists, employers must review outside collective agreements, salaries, etc. to establish the market rate.

In addition, if an employee’s salary is $180,000 AUD ($155,275 USD) or more, the employer will be exempt from the market rate requirement. Also, subclass 457 visas will not be issued for positions with salaries below $45,220 AUD ($39,008 USD).

Previous significant changes to the 457 visa were made in April; specifically:

• An increased English language requirement for trade occupations and chefs;
• The introduction of formal skills assessments for all trade occupation applicants from countries that are not considered low-risk;
• A requirement that employers attest to a strong record of, and commitment to, employing local labor and non-discriminatory employment practices;
• The development of formal training benchmarks for sponsors; and
• A requirement that labor agreements be in place for ASCO (Australian Standard Classification of Occupations) five to seven occupations.

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Human Resources and Skills Development Canada (HRSDC) announced that it will no longer issue labor market opinions (LMOs) without expiration dates. This ensures that current labor market conditions are accurately assessed upon issuance.

In May 2009, HRSDC mandated that LMOs submitted with work permit applications would only be valid for six months. LMOs submitted after the expiration date will not be considered and those applications will be returned as incomplete.

Live-in caregiver applications in Quebec are an exception. In these instances, applicants first apply for an LMO and then, upon receipt but before applying for a work permit, must apply for the certificat d’acceptation du Québec (CAQ). These LMOs will be valid for three months following a CAQ’s issuance.

The LMO expiration date is different from the LMO duration of employment or the work permit expiration period. The LMO expiration date determines whether an LMO is valid when the work permit application is submitted, whereas the LMO work duration represents the timeframe of work the employer had requested and which was approved by HRSDC. The duration of work permits remains at the discretion of Citizenship and Immigration Canada and Canada Border Services Agency. It should be noted that if an employer has specific timelines for a short employment opportunity, HRSDC/Service Canada may issue LMO confirmations that expire in under 6 months.

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The Migration Policy Institute released a report suggesting that migration flows, particularly illegal immigration, have decreased during the global economic downturn. The recession has impacted economic migration to major immigrant-receiving regions like the U.S. and U.K. Would-be migrants stayed put, and migrants remained in their adopted countries rather than return home, despite high unemployment rates.

Other findings by the report include:

• Remittances were generally down, although certain countries, like Bangladesh, saw an increase. Although this marginally impacted countries in which remittances account for only a minimal percentage of gross domestic product (GDP), countries that rely heavily on remittances were more seriously affected (e.g., remittances account for 0.2% of Turkey’s GDP but account for one third of Moldova’s GDP).
• The recession has greatly affected migrants’ financial well-being.
• Almost half of Eastern European immigrants who came to the U.K. in the middle of 2004 had returned home by the end of 2008.
• The inflow of Mexican nationals into the United States decreased by more than two-thirds between March 2004 and March 2009.
• Rates of unemployment for foreign-born workers in Spain rose to 28.4% during the first quarter of 2009, compared to 17.4% for native workers.

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In order to promote greater contact between separated family members in the United States and Cuba, and to increase the flow of information and remittances to the Cuban people, the Office of Foreign Assets Control (a division of the Treasury) has amended (PDF) the Cuban Assets Control Regulations. The amendments implement President Obama’s April 13, 2009, initiative and various provisions of the Omnibus Appropriations Act, 2009.

Amendments to the regulations, which were originally issued in 1963 through the Trading With the Enemy Act, include:

• Travel restrictions to Cuba have been relaxed so that qualifying family members can visit relatives in Cuba as often as they like.
• Visits by close relatives to U.S. Government employees assigned to Havana are now unlimited.
• With certain conditions, travel-related transactions that are directly related to commercial marketing, sales, negotiation, accompanied delivery, or servicing in Cuba of certain agricultural commodities, medicine, or medicinal devices have been authorized.
• Requirements concerning documentation required of Cuban nationals who live outside Cuba seeking a license to enter the United States will be examined more favorably. In instances when applicants cannot meet the evidentiary burden, the amendments allow for increased consideration of, and favorable licensing actions based upon, other evidence.

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Canadian trade officials announced that the Canada-Peru Free Trade Agreement (CPFTA) became effective on August 1. In addition to addressing issues of trade, investment, and the environment, the CPFTA also details how immigration will be fostered between Canada and Peru.

Under the CFPTA, each country will issue temporary business visitor visas to qualified applicants. However, work permits can be denied when that person’s entry would adversely affect: 

• settlement of an ongoing labor dispute at the intended place of employment; or
• employment of a person involved in a dispute.

Additionally, the countries will:

• limit visa application fees for temporary entry of business persons; and
• issue decisions concerning business visa applications within 45 days of submission.

The countries have also agreed to exchange information concerning business visa requirements so that each could familiarize itself with the other’s policies and procedures. Furthermore, each country has agreed to collect, maintain and—upon request—distribute data pertaining to business visa programs as it relates to citizens of the partner nation.

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Examiner.com reports that under a new immigration law, applicants for residency in Costa Rica will need to demonstrate greater financial security. Those in the “pensionado” (retiree) category must prove they have a monthly government or private pension of at least $1,000 per month, up from $600 per month. The minimum income requirement for “rentista” (small investor) applicants has more than doubled, from $1,000 per month to $2,500. The law, which the Costa Rican Congress unanimously approved, is expected to take effect in early 2010.

The overhaul will particularly impact U.S. citizens, for whom Costa Rica has become the most popular Central American destination for a second home or a permanent relocation.

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The Globe & Mail reports that the conservative-led Canadian government is expected to propose reforms to its refugee system in fall 2009. The reforms include adopting an application system that would fast-track asylum claims by individuals from countries generally considered safe. Under the current system, the Immigration and Refugee Board (IRB) is charged with hearing claims, issuing decisions and handling appeals. The reforms are aimed at expediting the process by allowing immigration officers to hear claims and issue decisions, leaving only appeals to the IRB. Canada has experienced an increase in asylum petitions, and seeks to curb unfounded claims while ensuring due process is afforded to qualified applicants.

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Financial Times reports that lobbying efforts by lawyers and businesses led to a relaxation of the UK’s points-based immigration system posting requirement. British companies seeking to fill senior-level positions with salaries over £130,000 no longer are required to advertise the positions in local Jobcentres. However, companies must continue to advertise via other UK media.

In addition, the Migration Advisory Committee (MAC), which oversees the points-based system, declined to ban intra-company transfers in which businesses bring in overseas staff. Unions had pushed for a ban, but officials believed that preventing foreign companies from relocating staff to the UK would negatively impact investment in Britain.

Rules for the points-based system are being tightened in other respects. The MAC recently recommended that the required posting period for jobs with salaries above £40,000 be increased fourfold, from one week to four weeks. Also, starting salaries of skilled non-EU workers without formal qualifications must be at least £32,000, up from £24,000; for qualified workers the starting salary increased from £17,000 to £20,000. Although the number of skilled non-EU workers coming to the UK has decreased recently, the new changes are expected to produce a further 10% cut.

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According to the New York Times, an increasing number of U.S. college graduates are seeking employment in China. The low cost of living and vibrant Chinese economy, coupled with the dwindling U.S. job market, have made metropolitan areas such as Shanghai and Beijing appealing to recent graduates eager to join the workforce.

Some U.S. graduates are able to obtain far more important positions in Chinese companies than would be possible in the U.S. Rather than starting with an internship, then progressing to an entry-level position and slowly advancing through the ranks, American graduates are able to skip a rung or two on the corporate ladder and gain invaluable business experience that would have taken considerably longer in the U.S.

The benefits, however, are not one-sided. As Chinese businesses attempt to enter U.S. markets, American graduates, with their keen understanding of Western society and culture, are perceived as uniquely qualified to act as company liaisons. Moreover, the assertiveness of U.S. graduates, at least compared to their Chinese counterparts, is highly valued by Chinese businesses seeking to drive their companies forward.

Language, interestingly, has not been much of a barrier, even for those with limited or even no knowledge of the Chinese language; many Americans working in China become conversant in Chinese in a short period of time.

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The Financial Times reports that United Kingdom-based companies fear the points-based immigration system is negatively impacting their ability to compete. They complain that the rules have made it increasingly difficult to recruit, hire and train applicants and employees from outside Britain and that the system is flawed.

Problems have persisted since the system was introduced last year. Although designed to provide “British jobs for British workers,” the policy has frustrated companies in Britain. The requirement that businesses looking to fill high-level executive roles must post positions at local job centers, coupled with the inflexibility of visa examiners concerning application mistakes, has hampered recruitment efforts. Moreover, companies have found compliance difficult because the rules are constantly changing.

Government officials counter that 90% of applications from outside the UK are processed within three weeks. The Home Office is advising its visa case workers to be more flexible when examining applications. Most recently, the UK granted an exemption to candidates from colleges such as Harvard and Stanford, allowing them to participate in annual graduate recruitment drives until August.

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The UK Border Agency (UKBA) has announced several changes to its points-based system. Changes include (PDF):

• Under Tier 2 (General), employers will no longer need to post job vacancies at JobCentres if the position is that of a director, chief executive or legal partner where the salary package exceeds £130,000 or where stock exchange disclosure will be required;
• Migrant workers applying for a Tier 2 visa based upon an intra company transfer (“Tier 2 (ICT)”) must not be directly replacing a settled worker; and
• Establishment—exclusively for University Vice-Chancellors and Academic Registrars—of a UKBA email inbox to address urgent immigration-related matters that have not been resolved by other agencies. Responses will be guaranteed within 72 hours.

In addition, the UKBA has updated information it provides to employers wishing to sponsor foreign employees for a Tier 2, 4 or 5 visa. The 191-page packet (PDF) can be downloaded at UK Border Agency’s website.

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Arab Times reports that Kuwait will now allow foreign workers, after three consecutive years of employment with the same employer, to transfer their residence permits to another sponsor without approval of the current sponsor. However, this policy change does not apply to: 

• foreign workers hired locally (who can transfer after one year); or
• foreign workers hired for government projects (who can only transfer after five years – unless they hold a university degree in which case they can transfer after three years).

The policy change is an attempt by the Kuwaiti government to eliminate visa trading in the country. Kuwaiti legislators, concerned that companies were taking advantage of foreign workers, applauded the move.

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As reported by Daily Triumph, Libya, in an effort to increase tourism, has made it possible for tourists to obtain visas at their point of entry. Moreover, in addition to the government, authorized service providers will be able to obtain visas for tourists. Libya is hoping to attract 1.5 million tourists a year. Recent statistics show that 17,000 tourists visited Libya during the first three months of 2009.

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Panama has amended its visa policy concerning nationals from “restricted countries” (Bulgaria, China, India, Iran, Malaysia, Pakistan, Philippines, and the United Arab Emirates, among others). Previously, these citizens required a visa to visit Panama. Now, however, if they possess a visa from the United States, Canada, Australia, or the European Union, they can enter on a tourist visa so long as it is secured at least 48 hours before traveling to Panama. Tourist visas are good for 30 days and can be extended for an additional 60 days if renewed before the expiration of the initial 30-day period.

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The BBC reports mixed reviews on England’s recently revised immigration system. Some contend that individuals with long and distinguished professional careers are slighted under the system and that preference is given to younger, more educated individuals with less experience. Others believe the system, although tough, is fair and that it promotes employment of domestic workers while allowing employers to look outside Britain and the European Union (EU) to fill specialist vacancies.

Many dismiss the system’s effectiveness and have called for a cap on migration of non-EU nationals. However, supporters contend that the system’s clear and objective criteria, without quotas, allows for admission of the most beneficial immigrant workforce regardless of the economic climate.

Issues remain, however, concerning the UK Border Agency’s inefficiency processing biometric visas and responding to specific cases. Moreover, some are troubled by the system’s lack of an independent appeals process.

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As reported by The Economic Times, due to an aging workforce and gaps in its IT, engineering, and medical sectors, Australia is encouraging skilled Indian professionals to apply for permanent residency. Indian nationals already comprise the second largest immigrant population in Australia, and currently the country’s medical system relies considerably on Indian healthcare professionals.

Although Australia recently decreased the number of available visas to skilled workers because of the economic downturn, this move is seen as temporary and numbers are expected to increase once the economy recovers. Australian officials note that even at lower numbers it is still running one of its biggest skilled migration programs in years.

Australia is also cracking down on scholastic institutions, particularly vocational schools, that do not provide adequate skills and language training to Indian students. Because a skills test will be required next year in addition to the English language test, the aim is to ensure that international students receive quality schooling that eventually will allow them to apply for permanent residency.

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In an effort to prevent fraud and identity theft, next month the United Arab Emirates (UAE) Federal Naturalisation and Residency Department will require applicants for residency visas to provide fingerprint samples. As reported by gulfnews.com, the measure is designed to enhance secure identification and prevent entry of persons with criminal records – said individuals will be denied visas and turned over to police officials.

A fingerprint database is being constructed and eventually all foreign UAE residents will have to submit biometric information for visas. Current residents will provide fingerprints upon submitting a renewal application.

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Due to the rise in H1N1 virus (“swine flu”) carried by foreign visitors, travelers to India must disclose whether they are undergoing treatment for the illness or have shown symptoms, and, if so, they may be quarantined, hospitalized or denied a visa. As reported by Thaindian News, of India’s 340 reported H1N1 cases, 260 individuals caught the illness abroad, 111 coming from the United States.

Although to date no one has been denied a visa, Indian officials are advising that infected persons be cured before applying for a visa. Indian embassies have been issued guidelines concerning visas and the flu which, according to the World Health Organization, has been reported in 135 countries and claimed at least 800 lives.

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Price gouging by illegal manpower brokers, mainly based in Malaysia, has increased immigration costs for Bangladeshi workers seeking employment in Libya. Brokers will purchase large quantities of Libyan work visas then sell them at inflated rates to workers and employment recruiters. Normally, workers’ migration costs average 100,000 to 120,000 Bangladeshi Taka (1,455 -1,746 USD). However, some workers complain of being charged twice that amount.

Recruiting agencies believe that if they could go directly to the government, visa costs would decline. Libya’s Expatriates’ Welfare and Oversees Employment Minister said workers’ failure to protest costs was an issue, but claimed no knowledge of increased costs. He stated he would monitor the situation for the next two months.

The Daily Star reports that these unregulated broker practices coupled with the economy’s decline has resulted in many foreign governments limiting Bangladeshi workers’ ability to obtain work. The first five months of 2008 saw 378,994 Bangladeshis seek employment overseas, while only 212,332 have done so this year.

Each day about 300 Bangladeshi workers leave for Libya, which recently began building infrastructure projects worth over $100 billion. Libya estimates the projects will employ around 200,000 workers in two years. Libya’s government has begun hiring Bangladeshi workers, and last December recruited 20,000 Bangladeshi workers.

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As reported by China Daily, police in the Chinese city of Guangzhou have been closely monitoring residential and business areas inhabited by foreigners, looking for individuals without stay permits or holding fake passports. Concerns over illegal immigration, particularly crimes committed by foreigners, have resulted in police stepping up efforts to curb the practice. Officials from Guangzhou Intermediate People’s Court said that one-third of fraud cases between 2002 and 2008 were committed by foreigners.

The police campaign has caused tension in the city’s African communities, resulting in protests over an unconfirmed death of a Nigerian man during a passport check. Police officials have only confirmed two injuries; one involved a man allegedly involved in illegal money operations who injured himself as he attempted to evade a passport check.

Each year, over one million people enter or exit through the ports of Guangzhou, a major trading hub for foreigners, especially from the Middle East and Africa. A local university estimates that over 20,000 Africans with valid travel documents reside in the area, although the overall number is higher because many do not have visas.

To assist foreigners, the entry and exit administrative authority opened an online service where they can apply for permit extensions. Foreigners traveling or residing in the area should always carry their passports and comply with registration procedures.

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Brookfield Global Relocation Services recently reported that 25% of the 180 multinational firms surveyed would decrease how many employees are relocated overseas. Assignment costs was the number one reason. China topped the list as the most relocated to country while also being the most difficult country to move to.

Older and experienced employees were more likely to be relocated, with only 9% of companies sending employees aged 20-29 abroad. However, 92% of companies stated that family concerns was the top reason for refusing a foreign assignment. Children’s education, cultural adjustment, location difficulties, and partner resistance were considered the most critical challenges. Spouses were particularly affected. Their employment was less likely before and during an overseas assignment.
 

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Recent violence in Urumpqi, in China’s Xinjiang Uyghur Autonomous Region, resulted in The State Department issuing a Travel Alert in the area until August 10, 2009. Americans in that area are advised to avoid demonstrations and large gatherings, remain indoors and avoid unnecessary movement in the city. Those planning on traveling to the area have been advised to defer their travel to the region.

While there is no indication of violence directed at U.S. citizens, Chinese state media has reported over 150 deaths and over 1,000 injured. Although there is an increased security presence, further violence might occur.

The State Department has recommended that Americans register through its website with whichever office is nearest: the U.S. Embassy in Beijing, the U.S. Consulate General in Chengdu, the U.S. Consulate General in Guangzhou, the U.S. Consulate General in Shanghai, or the U.S. Consulate General in Shenyang.

Travelers can obtain information on security conditions by calling, toll free, (888) 407-4747, in the U.S. or, if outside the United States and Canada, (202) 501-4444 - toll charges will apply.

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As of July 14, 2009, Czech and Mexican nationals must possess a Temporary Resident Visa to visit Canada.

Over the past four years Canada has seen a large increase in refugee claims filed by nationals of both countries. Since 2005, Mexican nationals have accounted for 25% of all claims filed in Canada. The second largest group is Czech nationals who have filed over 3,000 claims since October 2007, a sharp increase compared to less than 5 in 2006.

Citizenship and Immigration Canada has experienced significant cost increases, processing delays, and has instituted the visa restrictions for Mexican and Czech nationals because it believes the volume of claims submitted undermines its ability to help individuals fleeing real persecution.

Now, in order to visit Canada, Mexican and Czech nationals must demonstrate to immigration officials that:

• Their visit to Canada is temporary
• They will not overstay their visa
• They have enough money to cover their stay
• They are in good health
• They do not have a criminal record, and
• They are not a security risk

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South Africa’s Department of Home Affairs is launching its first “events visa” in order to ease the way for soccer fans planning to visit the country for the 2010 World Cup. As reported by The Sunday Independent, the events visa relies upon a biometric verification technology for controlling travelers’ movements.

This special visa is part of an array of services that will enable South Africa to more effectively track the movement of World Cup spectators through the country’s 72 ports of entry. The nation’s Home Affairs Minister commented: “To contribute to the smooth but secure flow of tens of thousands of international visitors expected to attend the 2010 World Cup tournament, our immigration services . . . will improve traveler screening and use mechanisms that will prevent the entry of undesirable elements. Part of the arsenal for this will be travel document readers, airline liaison officers and the events visa . . . and gathering of intelligence through closer cooperation with other law enforcement agencies, both foreign and domestic.”
 

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Singapore’s Ministry of Manpower has announced the July 1, 2009 opening of a new Employment Pass Services Centre (EPSC). The new EPSC will register and issue new long-term pass (LTP) cards to the following groups of LTP holders:

• Employment Pass holders;
• EntrePass holders;
• Personalised Employment Pass holders;
• Training Employment Pass holders;
• Work Holiday Pass holders; and
• Dependant Pass and Long Term Visit Pass holders.

Existing LTP holders belonging to the above groups will be issued with new LTP cards when their passes are renewed.

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A review conducted by Australia’s Department of Immigration and Citizenship regarding the student visa program found that Indian students breached their visa conditions at a rate three times higher than the average breach rate. As reported by The Australian, the review ranked Indian students alongside Bangladeshis and Cambodians as a level-four risk, which is the second highest risk category (no country currently ranks at the highest risk category).

As a result of these findings, rules for Indian students have been tightened: Indian students now must prove they have enough money to support themselves for the duration of their studies and must pass stricter English language tests. Critics of the tightened standards argue that they fail to distinguish between university students and vocational training students (who account for almost 80% of all Indian students in Australia).
 

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As reported at philstar.com, the Philippines’ Bureau of Immigration is introducing a Special Visa for Employment Generation (SVEG), to be officially launched on July 3. The SVEG is available to qualified non-immigrant foreigners who will employ at least 10 Filipinos in a lawful and sustainable enterprise, trade or industry. Qualified foreigners who are granted the SVEG will be considered special immigrants with multiple entry privileges and conditional extended stay privileges.

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Canada’s Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, has announced  the release of “The Employer’s Roadmap,” which helps guide employers in hiring, assimilating, and retaining internationally trained workers.

The Roadmap is a tool for employers, human resources professionals, recruiters and managers in small to medium-sized enterprises and covers topics such as:

• the benefits of hiring internationally trained workers;
• how to hire and recruit such workers;
• how to assess qualifications; and
• how to integrate and retain employees with different professional and cultural backgrounds into the workforce.

This resource is one of several measures that the Canadian government is taking to help newcomers quickly and successfully integrate into the Canadian labor market. Another measure is Canada’s Economic Action Plan, which includes an investment of $50 million (Canadian) to help develop a common approach to foreign credential recognition.

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The Australian government’s 2009-10 budget  includes a 20% increase in application charges for a number of visa categories, effective July 1, 2009. This measure will increase revenue by $400 million (Australian) over four years and is intended to help offset the costs associated with operating the migration and temporary entrant program.

A list of visa application charges is available on the Department of Immigration and Citizenship website.

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Current global migration patterns indicate that, due to rising unemployment rates and contracting economies in developed countries, fewer workers are migrating from poor to wealthier nations, and the flow of migrant workers returning to their home countries is increasing. As reported in The Wall Street Journal,  this is potentially the biggest reversal in migration flows since the Great Depression.

Statistics illustrating the reversal include:

• Emigration from Mexico to the U.S. dropped 13% in the first quarter of 2009 compared to the first quarter of 2008. In the same period, more people returned to Mexico than left Mexico for the U.S., about 139,000 and 137,000, respectively.
• In 2009, a projected 60,000 or more Indonesia citizens will return home from Malaysia, South Korea and other wealthy neighboring nations, as immigrant workers lose their jobs.
• Tens of thousands of Indians are returning from Dubai as jobs there dwindle and work permits expire.
• In the United Kingdom, the number of registered workers coming from new European Union member nations like Poland and the Czech Republic dropped 55% in the first quarter of 2009 compared to the same quarter a year earlier.

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Due to the prevalence of fraudulent visas and passports, the Indian government is planning to install magnifying equipment and ultraviolet lamps at all international airports in order to more accurately verify the authenticity of travel documents. As reported by the Press Trust of India, other steps being taken at India’s international airports are the installation of new computer software (to verify passengers’ passport details) and additional training of immigration officers.

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As reported by The Japan Times, representatives of municipalities and human rights groups have voiced their opposition to government-sponsored immigration bills, on the grounds that the bills will violate foreigners' rights and lead to “excessive control” over them. Under the current system, local ward offices handle alien registration; the new bills would transfer responsibility to the Justice Ministry. Hiroko Uehara, the former mayor of the city of Kunitachi in western Tokyo, stated that centralizing the responsibility for alien registration would lower the quality of service for foreign residents. "Municipalities have so far made an effort to provide, at their own discretion, services to foreign residents," Uehara commented. "But if immigration takes control of registration, all that effort will be lost."

For details of the immigration bills at issue, see our previous entry about the proposed changes.

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Immigration officials of the Gulf Cooperation Council (GCC) likely will approve a single visa application system, which would allow Gulf visitors entry to all six of the GCC member countries (the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait). As reported at zawya.com, the single Gulf visa application system was proposed and favorably received at a recent meeting of undersecretaries of GCC interior ministries. GCC representatives also are discussing a range of issues regarding security coordination among the member countries, aiming to facilitate movement of Gulf citizens and foreign residents within the GCC.

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The UK Border Agency has announced changes to the way in which it processes applications by European nationals and their families for registration certificates, residence cards, family member residence stamps or confirmation of permanent residence in the UK. From June 1, 2009, the agency will check all applications upon receipt and will reject them unless the applicant has completed the application form correctly and provided the necessary supporting evidence. Family applications will be rejected in their entirety unless the necessary supporting evidence has been provided for all of the named applicants.

Further information about the application requirements is available at the agency’s “Applying under European Law” webpage.

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The European Union has formally adopted a work authorization program intended to attract highly skilled foreign workers and modeled after the United States’ Green Card program. The “Blue Card” will allow immigrants to work in any EU member state (except Great Britain, Ireland and Denmark) and will entitle card holders to limited social and welfare rights, for a renewable period of one to four years, EUobserver.com reported. Blue Card holders will receive equal treatment with nationals as to working conditions, including pay and dismissal, and will have some ability to move between EU member states. The program also includes penalties for employers who hire illegal immigrants.

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The UK Border Agency has announced  that, in order to assist the increasing number of foreign nationals who must enroll their biometric information (fingerprints and photograph) when they apply to extend their stay in the United Kingdom, in June it will open four additional biometric enrollment facilities. The latest information on the new sites is available on the agency’s webpage on biometric enrollment.

The agency’s announcement notes: “By recording and checking fingerprints and digital photographs against existing records before deciding whether to grant permission to stay, we can strengthen our border and reduce abuse of the system.” The agency has been issuing, since November 2008, compulsory identity cards to foreign nationals from outside the European Economic Area who extend their stay in the UK as partners or students. In March 2009, the agency expanded the scheme to additional applicant categories.

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The Australia Government’s Department of Immigration and Citizenship has announced changes to its Subclass 457 employer sponsorship program. Effective May 15, 2009, Australian Standard Classification of Occupations (ASCO) major groups 5 to 7 no longer can be nominated under the Subclass 457 Standard Business Sponsorship (SBS) arrangements. If an employer is interested in employing a temporary overseas worker in ASCO groups 5 to 7, the employer may seek to enter into a labor agreement. Further details about the changes are available on the department’s webpage entitled “Frequently Asked Questions about changes to Subclass 457 program – Change to pathways for ASCO 5-7 Occupations.”

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The UK Border Agency has announced that passport holders from South Africa, Swaziland, Lesotho, Bolivia and Venezuela who are registered on the Iris Recognition Immigration System (IRIS) will need to re-enroll in order to continue using the IRIS facility. IRIS is a means of border control allowing registered travelers to enter the United Kingdom through automated barriers at certain airports, where a registered person’s identity is confirmed by simply looking into a special camera.

Additional information about the re-enrollment requirement, and about IRIS generally, is available on the IRIS section of the Border Agency’s website.
 

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As reported by the Associated Press, China has implemented new visa regulations for U.S. citizens, effective May 4. A notice on the website for the Chinese Embassy and its consulates in the U.S., dated May 3, stated that all visa applications now will require six business days to process, with express and rush services for visa applications suspended until further notice. Visa applicants also must fill out a form declaring which countries and U.S. states they have visited during the preceding two weeks. The regulations appear to apply to all Chinese visas, including tourist and business categories.

Chinese Foreign Ministry spokesman Ma Zhaoxu declined to comment on the specific visa changes for U.S. nationals, apart from saying that "relevant adjustment [to the visa policy] is non-discriminatory and is not targeted at any country. The adjustment of visa policy will not affect the normal entry of foreigners and exchanges of people."

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As reported by the Al Arabiya News Channel, the United Arab Emirates Minister of the Interior has issued a decree granting expatriate property owners multiple-entry visitor visas allowing them to stay six months at a time. Previously, the UAE had allowed foreign investment in property, but the residency rights of foreigners who purchased residential property were unclear.

Details of the decree include:

• Owners of developed properties (wholly-owned residential units, suitable for accommodating a family) can stay for six months from the date of entry into the UAE.
• The visa does not allow the property owner to work in the UAE.
• Upon expiration of the six month period, the property owner must return to his or her home country or any of the GCC countries.
• The initial six month visa may be renewed if certain conditions (minimum monthly income and property value) are met.
• The property must be worth at least AED 1 million ($272,300), and the owner’s fixed income must be at least AED 10,000 ($2,723) a month, or the equivalent in foreign currency.

Property analysts commented that the new policy still required clarification before it would have the intended effect of reviving the UAE’s real estate market. For example, it is unclear whether the decree applies to leasehold as well as freehold properties.

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Beginning in early August, Bahrain will implement a new labor law that will end the employer sponsorship system and permit foreign workers to change jobs without their employer’s consent. As reported in The National, the law was adopted following three years of consideration and is the first of its kind in the Gulf region.

The law is designed help end to the practice of some Bahraini employers that sponsor several—and sometimes hundreds of—foreign workers and charge them a “visa fee” to work with another employer. The workers, mostly from the Indian subcontinent, are not allowed to change jobs without their sponsor’s permission. Once the law takes effect, an employer will be able to terminate an employee’s contract and deport him or her with one month’s notice, and an employee will be able to leave his or her job after giving three months’ notice to the employer.

The law also is intended to help decrease the number of foreigners entering Bahrain to work. Currently there are more than 500,000 expatriates in the country, which accounts for about half of Bahrain’s population. The government also is considering a cap on the number of foreigners who enter Bahrain and expects to resolve by the question by the end of 2009.
 

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The Minister of Labour for the United Arab Emirates has announced proposed legal revisions that would allow foreign workers who have lost their jobs to stay in the UAE for up to six months. Currently, expatriates need to leave the UAE within one month after their employment is terminated. As reported in The National, the proposed law would apply to workers of all nationalities and would extend their visas by between three and six months, depending on the worker’s job. Also, visa application fees would be reduced for companies that hire unemployed workers already in the UAE. The legislation is awaiting approval by the Cabinet and is expected to become law within two months.

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The Irish government has announced the introduction of revised legislation for work permits, which will make it more difficult for foreign nationals to seek employment in Ireland. The changes, which were reported at irishtimes.com, will come into effect on June 1 and apply primarily to first-time entrants in the labor market.

The key provisions of the revised legislation are:

• Permits will not be granted for jobs paying less than 30,000 Euros per year.
• Permits will not be granted for a number of professions including domestic workers and HGV (heavy goods vehicle) drivers.
• Stricter conditions for the renewal of permits—including higher fees—will apply.
• Spouses and dependents of future work permit holders will need to apply for permits in their own right.

The green card list, which covers professions offering salaries between 30,000 and 59,999 Euros per year, also has been revised. As of June 1, a number of positions in the healthcare, financial services and marketing sector also will be ineligible for work permits.

In announcing the coming changes, Mary Coughlan, Ireland’s Minister for Enterprise, Trade & Employment, commented that the revised legislation was needed due to the changing realities of the Irish labor market. So far in 2009, Ireland has granted a total of 2,087 work permits to foreign nationals, compared to 23,722 for the same period two years ago.

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As reported by The Moscow News Weekly, over the past several months it has become more difficult for companies to hire and retain foreign employees in Russia. A major issue cited by various foreign business associations is that the enforcement of migration rules can be unpredictable. For example, the Federal Migration Service has become stricter in enforcing certain rules: Two years ago, diplomas attesting to the applicant's educational qualifications were required only for language teachers, but since October 2008, the rule is being enforced for all professions.

There also are concerns about the quota system for work permits and the bureaucratic obstacles that employers sometimes encounter with the system. One possible solution is to give certain white-collar employees from the European Union, the United States and Japan "green cards" that would exempt card holders from the quota system. The Federal Migration Service has drafted a bill along these lines that may be introduced in the Duma in July.

Another reason for the difficulties is the procedure by which representative offices hire foreign workers. A representative office is issued a permit by an accrediting body (such as the Chamber of Commerce and Industry or the State Registration Chamber) which states how many foreign employees the representative office may hire. Under this arrangement, foreign employees working for the representative office do not receive work permits, but rather an accreditation card from the accrediting body. Recently there have been reports of police officers questioning the validity of these accreditation cards during their routine document checks in the streets. The Japan Business Club and the Association of European Businesses have been advising their members to obtain work permits for accredited foreign employees working in representative offices.

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The Australian government has enacted amendments that will increase the range of visas and citizenship provisions available to same-sex couples. Amendments to the Immigration (Education) Act 1971, Migration Regulations 1994 and Migration Act 1958 will take effect on July 1, 2009. Key changes to migration legislation include:

• a new definition of spouse, applying to opposite-sex married couples;
• a definition of de facto partner, applying to both same-sex and opposite-sex de facto couples;
• new definitions of parent and child which will include recognition of certain parent-child relationships via artificial conception procedures and surrogacy arrangements;
• a new definition of member of the family unit, recognizing de facto partners (same and opposite-sex) as family members;
• a simplified and more equitable visa framework. All visas that currently include provisions for spouse will be available to opposite-sex and same-sex de facto partners alike.

Further details about the changes are available on the Department of Immigration and Citizenship (DIAC) website.

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Under new United Arab Emirates visa regulations effective at the end of July, jobseekers from India, Pakistan, Nepal, the Philippines and Bangladesh, who currently are not subject to visa fees, will have to pay a refundable deposit of Dh1,000 ($272) and secure health insurance while they look for work. One likely result of the new regulations, as reported at portstrategy.com, is a rush of would-be workers in the port of Dubai in the spring and early summer. Another probable consequence is that potential employers and recruitment agencies will need to search abroad to find workers in order to avoid a labor shortage. Anyone found working while on a visit visa can be fined more than Dh50,000 ($13,617) and banned from re-entering the UAE. Employers also will be subject to strict penalties for violations.

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The United Kingdom's government has announced the start dates for new short stay visitor visa requirements for nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela. Under the new requirements, nationals of these countries wishing to visit the UK for up to six months, will need to obtain a visit visa, and provide their fingerprints before they travel. Travelers from these countries who transit through the UK en route to other countries also will need a transit visa.

Start dates for the new visa requirements are:

• May 18, 2009 for Bolivian and Venezuelan nationals. Venezuelan nationals holding valid biometric passports containing an electronic chip will be exempt from the visa requirement.
• July 1, 2009 for nationals of South Africa, Lesotho and Swaziland.

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As reported at KableNET.com, the UK Border Agency plans to work with the United States, Canada and Australia to “introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing.” This system, which is intended to help identify and bar foreign criminals from entering the UK, is one of the programs discussed in the agency’s business plan  issued on April 1.

Other highlights of the business plan include:

• As of December 2008, the agency had enrolled more than 3.6 million sets of fingerprints from visa applicants, finding more than 5,200 cases of identity swaps.
• By December 2009, the agency will open its National Border Targeting Centre, checking 60% of all international passenger movements (with the goal of checking 95% of movements by the end of 2010).
• By 2011, all new applicants coming to the UK for more than six months, or extending their stay, will need to have a biometric identity card.
   

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Effective March 28, application forms for any temporary Australian visa must meet new health requirements, the Australian Visa Bureau reports. The working holiday visa and the holiday visa are affected by these changes. Changes to the health requirements include:

• revised “country risk levels” for tuberculosis;
• changes to “classroom requirements” for applicants seeking to work in the education industry; and
• tests for applicants seeking to study as a dentist, nurse or doctor.

The revised health requirements and the revised health procedures advice manual are available on the Department of Immigration and Citizenship website.

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Due to planning levels being achieved, some occupations have been removed from the Permanent Sponsorship and Provisional Sponsorship lists of the South Australian sponsored visa program, the Australian Visa Bureau reports. One occupation (hairdresser) was removed from the Permanent Sponsorship list, and several occupations (including construction project manager, statistician, health information manager, social professional, hairdresser and various scientist positions) were removed from the Provisional Sponsorship list. These amendments follow the Australian federal government’s recent changes to the General Skilled Migration Program, which reduced the number of occupations listed on the Critical Skills List.

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Effective March 31, 2009, the United Kingdom’s immigration rules covering highly skilled migrant workers have changed, raising the requirements of two categories in Tier 1 of the points-based system. Following the change, anyone applying for permission to enter the UK in the Tier 1 (General) category for the first time, or who applies to switch into the Tier 1 (General) category from another category, will need to have a Master's degree and a minimum salary of £20,000 to score points for qualifications and earnings respectively. Migrants applying to extend their permission to stay under Tier 1 (General) will not be affected by the changes.

The Tier 1 (Post-Study Work) category has also changed. Anyone applying in this category will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education (or PGDEs in Scotland only).

New versions of the Tier 1 (General) and Tier 1 (Post-Study Work) application forms, as well as revised guidance for applicants in these categories, are available on the UK Border Agency website.
 

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The UK Border Agency has announced changes to the immigration rules for the following categories of business visitors:

• Secondees;
• Advisers, consultants, trainers, troubleshooters; and
• Trainees.

Details of these changes are outlined in the immigration rules and the immigration directorate instructions.

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New United Kingdom (UK) Immigration Rules raising the academic and financial requirements for highly-skilled foreign workers applying for entry into the T1 (General) and T1 (Post-Study Work) categories will become effective for all applications submitted on or after March 31, 2009. The changes will apply to applicants seeking permission to enter the UK in this category for the first time, or who are applying to transfer into the Tier 1 (General) category from another category.

The resident labor market test, which prevents employers from offering skilled jobs to foreign workers without first advertising them to workers who have already settled in the UK, will also be strengthened. Effective March 31, 2009, an employer wishing to sponsor a foreign worker to do a job under Tier 2 (General) must first advertise the job:

• to settled workers in Jobcentre plus; and
• use one other method permitted by the relevant code of practice.

Full details of these changes are available in the revised guidance for sponsor applications.
 

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Conservative Party MP Damian Green said Britain should adopt Australian-style limits on immigration in light of the global financial crisis. Green made his comments simultaneously with the release of data showing UK unemployment had risen above two million for the first time since 1997, and following an announcement by the Australian government that it would reduce its skilled migrant program by nearly 20,000 to 115,000 this financial year in an effort to protect local jobs in the tough economic climate.

In support of his position, Green also stated that one in seven children in British primary schools does not speak English as a first language. Responses to Parliamentary questions reflected that in 2004, 452,388 primary school children spoke English as a second language, and that in 2008 that figure had increased by 113,500, a rise of almost 25 percent. UK communities secretary Hazel Blears is expected to announce that anyone from outside the European Union applying for a student or work visa will have to pay a migrant tax, which will go to local authorities to assist with the impact of immigration on their schools, doctors' surgeries and other public services.
 

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The Economic Times reports that Britain is preparing to impose a tax of up to £50 on applicants for student or work visas. The fee will go into a “transitional fund” to support government bodies dealing with the impact of immigration, including local authorities and police. Additional details about the fee are forthcoming; UK ministers are expected to make an announcement shortly.

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The Australian government is cutting the number of skilled migrant visas it will issue by 18,500, the first reduction in 10 years. According to Immigration Minister Chris Evans, there is mounting pressure to protect jobs made scarce by the global financial crisis. The Australian statistics bureau expects the unemployment rate to reach 7 percent in the year ending June 30, 2010. Evans has also indicated that the government will cut some trades from the list of needed overseas workers.

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As reported in The Edmonton Sun, Canada’s immigration department is planning to give preferred treatment to some business travelers, allowing them to obtain visas much faster than other visitors. Under the plan to streamline the visa process for business visitors, employees of established companies with operations in Canada would get visas in as few as one or two days.

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Japan’s cabinet has signed off on a bill that, in an effort to prevent illegal entry, would transfer complete control of alien registration to the central government, according to The Japan Times Online. At present, the government is in charge of granting permission for residency, while municipalities are in charge of issuing alien cards. According to Justice Ministry estimates, municipalities have inadvertently issued registration cards to about 20,000 foreigners staying illegally in Japan, a problem that has been blamed on the state’s lack of legal authority to investigate registration data. Other features of the bill, which will soon be submitted to the Diet for enactment, include:

• harsher penalties for those living in Japan illegally;
• extension of the maximum period of stay for foreign residents from three to five years; and
• improved working status for foreign vocational trainees, who would be guaranteed legal protection for wages and labor conditions after engaging in on-the-job training programs for two months or longer.

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As of April 6, the UK Border Agency is extending the range of applications that can be made in person at their public enquiry offices. Applicants will be able to use the “premium service” at the public enquiry offices if they are applying under specified categories of Tiers 1, 2 and 5 of the points-based system. The Agency began setting appointments for the affected categories on March 2.

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As reported in the Herald Sun, Immigration Minister Chris Evans stated that the global economic crisis is greatly reducing Australia’s need to import foreign workers. Less than 12 months ago Australia was struggling with a skills shortage, but now the country’s unemployment rate is on track to hit 7 % in 2010. A final decision on the 2008-09 immigration intake will be made by Cabinet ahead of the May Budget.

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As noted in our previous blog entry, UK Home Secretary, Jacqui Smith, has announced significant changes to UK immigration laws and policies regarding foreign workers and visitors coming to the UK from outside the European Economic Area (EEA). For analysis of this development, please see Littler's ASAP Changes in UK Immigration Rules by Ian R. Macdonald and Shin-I Lowe.

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The United Kingdom’s Home Secretary, Jacqui Smith, has announced three significant changes intended to support domestic workers and raise the bar for foreign workers wishing to enter the country. As of April 1, the UK government will:

• strengthen the resident labor market test for tier two skilled jobs so that employers must advertise jobs to resident workers before bringing in a worker from outside Europe;
• use each shortage occupation list to trigger skills reviews that focus on training resident workers for these occupations; and
• tighten new criteria against which highly skilled migrants seeking entry to the United Kingdom are judged, by raising the educational qualifications and salary required for tier 1 (General) of the points-based system.

Home Secretary Smith said: 

“Just as in a growth period we needed migrants to support growth, it is right in a downturn to be more selective about the skill levels of those migrants, and to do more to put British workers first.”

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The European Parliament has voted in favor of legal sanctions against employers of illegal workers.  If formally agreed by EU member state ministers, the rules allowing for sanctions could become effective  in 2011.  The rules provide for administrative and financial penalties and, in the most egregious cases, criminal sanctions. Currently, only 19 of the 27 EU member states have criminal penalties available for such cases and the penalties differ widely from country to country. As many as eight million illegal workers are believed to be employed in Europe's hotels, farms, homes and other sectors.

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The UK Border Agency has temporarily reinstated the skilled worker category for representatives of overseas newspapers, news agencies and broadcasting organizations. The skilled worker category is one of several being deleted as part of the changes to the United Kingdom's immigration system. The reason for the temporary reinstatement is that, although most representatives of overseas newspapers, news agencies and broadcasting organizations will be eligible to apply under tier two of the new points-based system, a small number of individuals may not be eligible because they do not have a sponsor based in the United Kingdom. The Border Agency will introduce a more permanent solution later in 2009 so that representatives whose employers are not established in the United Kingdom can apply under tier two.

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The UK government has announced its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10. The press release issued by the UK Border Agency states:

In setting the fees for 2009/10, the Government has continued to take into account the United Kingdom's international competitiveness at a challenging time for the global economy.

A schedule of proposed fees is included in the government’s Written Ministerial Statement.

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Australia’s government has released draft regulations outlining new sponsorship obligations for employers of temporary skilled overseas workers who hold Subclass 457 visas. The Subclass 457 visa program is an uncapped scheme driven by market demand for employers to sponsor skilled overseas workers for up to four years.

A panel of industry, union and state government representatives will be assessing the proposed new regulations and will provide feedback to government. Proposed employer obligations to be considered by the panel include:

• Payment of a minimum salary to Subclass 457 visa holders;
• Payment of return travel costs for visa holders and their spouses; and
• Cooperating with inspectors exercising powers under the Worker Protection Act.
   

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The United Kingdom’s Home Office announced the introduction of new visa checks for Bolivia, Lesotho, South Africa, Swaziland and Venezuela after they failed to pass Britain’s strict new visa waiver test. This measure is just one of many the government has enacted to further tighten border security. The visa waiver test reviewed all non-European countries and regions to evaluate the risk their citizens might pose, in terms of illegal immigration, crime and security, by not having to apply for a visa before entering the UK.

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UK Immigration Minister Phil Woolas may tighten the immigration points system in order to limit the number of skilled foreign workers entering the UK before the summer, when 400,000 students will be graduating from university. As reported in the Daily Mail, Woolas stated: “The points-based system that has been introduced allows us to toughen the criteria, and clearly in the economic situation that is something it is beholden on us to do.” The plan, dubbed “British jobs for British graduates,” has been under debate for several weeks, and it now goes to Cabinet for discussion.

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The New York Times reported that the Czech Republic will offer a free plane ticket and $649 to foreign workers who agree to return home after losing their jobs in the economic downturn. Interior Minister Ivan Langer stated that many unemployed foreigners lacked cash to buy a ticket home because they had to pay bribes or excessive fees to agencies that had placed them in jobs.

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KableNET reports that the United Kingdom’s Foreign and Commonwealth Office (FCO) is planning to establish web-based embassies for parts of the world where it does not have a physical presence. This trial project is not yet live, but the FCO plans to make Maldives the site for first virtual embassy. Other possible locations are Honduras, Kyrgyzstan and Madagascar.

The “virtual embassy” websites will be interactive, including an external page for the public providing basic information on the country (or region) and links to consular and visa services. The virtual embassies also will provide support tools for existing “laptop diplomats”--FCO staff who work away from embassies using mobile communications and laptop computers.
 

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The Department of State has issued a travel alert to warn U.S. citizens of safety and security concerns in Madagascar “due to demonstrations stemming from a political rift between supporters of the mayor of the capital city of Antananarivo and the government of Madagascar.” The travel alert urges American citizens to consider carefully the risks of travel to Madagascar at this time, and expires on May 1, 2009. Although, to date, American citizens have not been targeted, the alert urges U.S. citizens already in Madagascar to maintain a high level of vigilance and a low profile.

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A record 151,635 work permits were issued in the United Kingdom in 2008. The Telegraph further reports that: 

• Indians were the largest recipient of the permits, at 49,950, followed by 28,835 Americans and 8,090 for workers from China.
• More than one in four permits allowed the migrant to stay for up to five years although 40 per cent were for less than a year.
• Some 85 permits were for more than five years.
• Over the same time period, unemployment increased by 290,000. 

These figures emerged on the day that Britain officially entered a recession.

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Driven by a high unemployment rate, The Times is reporting that British Home Secretary Jacqui Smith has altered the rules regarding overseas job advertisements. Under existing rules, employers are required to advertise a job vacancy for up to two weeks in the UK before advertising overseas. Now, however, employers will also be required to advertise openings for skilled workers in the JobCentre Plus network. The new rules are intended to help fulfill Prime Minister Gordon Brown's controversial promise in 2007 to keep 

British jobs for British workers.
 

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New regulations governing the Temporary Foreign Worker Program in Canada have gone into effect. As of January 1, 2009, Canadian employers seeking to hire foreign workers must meet minimum advertisement requirements for the position established by the department of Human Resources and Skills Development Canada (HRSDC). The minimum advertisement requirements for a particular position are based on the National Occupational Classification (NOC) system. More information about the nature and scope of the requirements is available here.

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As reported at Personneltoday.com, Chartered Institute of Professional Development (CIPD) chief economist John Philpott has recommended further restrictions on migration into the UK during the economic downturn. Philpott suggested that the points-based system should be tightened up to slow the arrival of non-EU workers. Under the points-based system, foreign workers wishing to work in the UK accrue points according to their qualifications, previous earnings, age and UK experience. The government can adjust the number of points required for entry to the UK.

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The Telegraph (UK) reports that The Borders, Immigration and Citizenship Bill, expected to take effect in April 2009, will levy an “immigration tax” of approximately US$30 upon entry into the UK on a visa, to go into a “transitional fund” to help deal with the impact of immigration. The bill also will introduce the concept of “probationary citizens” for migrants who want to settle in the UK: after five years’ residency, an applicant enters a probationary period, the length of which will depend on contributions the applicant has made to society, such as volunteer or community work.

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While analysts still see strong economic reason to continue the inward flow of workers to Australia, the government is rethinking its policies regarding skilled migrants as the nation’s jobless rates rises. As reported in The International Herald Tribune, Australia’s Labor government has said that it would review its migrant intake, and the immigration minister, Chris Evans, has said that cuts would be modest at first but will continue to take into account any changes in public opinion.

The global economic downturn could be a rare opening for Australian businesses to attract top talent and fix skill shortages that have been a longstanding national issue. Stephen Roberts, an economist at Nomura, commented:

There's going to be an extraordinary pool of experienced people looking for work and a real chance for Australia to fill gaps in sectors like health and engineering, which are crying out for them.
 

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Australia’s Department of Immigration and Citizenship (DIAC) has replaced the visa labeling system with an online verification system, which is accessible by visa holders as well as by employers and other organizations. The Visa Entitlement Verification Online (VEVO) service allows Australian visa holders to check, free of charge, the status of their visas online. Due to the new system, DIAC will no longer issue paper labels for passports for Australian visa holders, and additional information regarding each visa (such as visa conditions) can be provided online and in a secure environment.

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The Guardian reported that Great Britain’s Labour Party will seek a revision of the international convention on refugees, on the grounds that it predates mass migration and leads to abuse of the asylum system. Immigration Minsiter Phil Woolas said he wanted to start a debate about the 58-year-old convention which protects individuals' rights to asylum from state persecution. French president Nicholas Sarkozy has made a similar proposal. Woolas said:

The Geneva convention was intended to protect individual people from persecution. A significant number of people who claim asylum are doing so for broadly economic reasons. So I think it is right we look at the framework, as indeed other European countries are doing.

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Vietnamese information service Quan Doi Nhan Dan reported on the January 2009 visit to Vietnam by Australia’s Minister for Immigration and Citizenship, noting that the visit and the signing of the MoU signal stronger cooperation between Australia and Vietnam on immigration issues. This was the first visit to Vietnam by an Australian immigration minister since 2004.

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Immigration talks between France and Mali collapsed on January 8 after Mali refused to sign a bilateral accord, according to Yahoo! News. Negotiations collapsed despite France having made "many concessions," such as agreeing to increase the number of Malian immigrants authorized to work in its territory. Of the 120,000 Malians in France, only 45,000 live there legally.

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Under the United Kingdom’s new Employer Sponsorship system (in place since November 27, 2008), employers must register for a license in order to employ non-European Economic Area migrants. The UK Border Agency announced that 4,875 employers in the UK have registered as sponsors as of January 5, 2009.

According to the Border Agency, the new system:

• ensures only those skilled migrant workers who are needed can enter the UK;
• introduces tough criteria requiring employers to prove a resident worker doesn't want the job before offering it to a foreign worker; and
• is flexible, meaning that the bar can be raised or lowered according to the needs of the labor market and the country as a whole.

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VOANews.com reports that the cities of Shanghai and Guangzhou are offering significant incentives to attract overseas Chinese and foreign professionals to fill high-level jobs. Shanghai will offer tax incentives to overseas professionals who agree to work at financial institutions in the city. Guangzhou, in southern coastal China, is offering cash incentives to mid- and upper-level professionals from overseas: the city has a $30 million fund to attract top talent in the manufacturing, technology, trade and finance sectors.

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Under Australia’s 176 visa scheme, migrants seeking permanent residence and who are unable to pass the immigration points test for independent migration are sponsored either by an eligible family member or by the government of an Australian state or territory. States sponsor the residence application of a migrant, in exchange for a commitment to live in the state for at least the first two years after migrating to Australia. Each state keeps a list of occupations deemed eligible for sponsorship.

Victoria has announced significant changes to its eligibility list  for the 176 visa, effective from January 12, 2009. This action reflects the changing labor market in Victoria, Australia’s second-most populous state. Off the list are many traditional occupations such as teachers, accountants, and several trades. Occupations new to the list include various engineering jobs, geologists, dental technicians, and social workers.

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A study by Migrationwatch UK found that, although the number of people working in the UK rose by 1.34 million from 2001 to 2008, the number of British-born workers in employment fell by 62,000 over that same period. The number of migrant workers from Eastern Europe increased by half a million. These figures are being used to argue that Prime Minister Gordon Brown's policy of "British jobs for British workers" is failing to meet its goals.

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