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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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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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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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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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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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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 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 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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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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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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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 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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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