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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.
 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link