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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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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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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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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 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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