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

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.

• 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

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link