By: Clara Excler

Changes to travelling in Europe are due to take place in 2024 and 2025 with the introduction of the Entry-Exit System (EES) and the European Travel and Immigration Authorisation System (ETIAS). This update provides a summary on the EES.

Purpose of EES

EES is an automated border registration system that travelers will need to go through each time they enter and exit the Schengen area (I.e. each time they cross the external EU borders. The system does not apply to intra-Schengen travel).

The aims of EES include:

• To check the identity of the traveler
• To replace entry and exit stamps in passports
• To check travelers’ criminal records
• To check travelers’ immigration history, including previous entry or visa refusal
• To create an electronic record of each traveler’s stay in the Schengen area.

Please note:

• If a traveler has exceeded their Schengen allowance of 90 days in a 180-day period, they can be refused entry.
• Visits for both business and personal (tourist) reasons are counted towards the Schengen allowance.

EES-required nationals

All non-EU/EEA/Swiss nationals will require an EES. This includes visa-required as well as non-visa-required non-EU/EEA/Swiss nationals entering the Schengen area as visitors.

EES-required countries

All Schengen countries will be using the EES:

• Austria
• Belgium
• Croatia
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland

EES process for travelers

Travelers will have their biometric data (fingerprints and facial photograph) taken at a special kiosk, before processing their passport, and the system will check the data against EU security databases (SIS, Interpol, SLTD).

A mobile application is currently being developed by the EU, to start pre-registration from home, but it is not expected to be ready for the launch of the new system.

Airports, ports and railway stations are in full preparation mode, investing in dedicated registration zones and facilities, planning to adapt their queuing system (especially for cars and coaches) and installing and testing the new kiosks.

While some airports are raising concern about their readiness, the biggest challenges are faced at the English Channel crossing, at the ports of Calais, Dover, Folkestone, and the Eurostar terminals, which have dual controls, limited space for processing, and must also plan to adapt the registration zones to weather conditions.

EES implementation timeline

There have been a number of delays to implementation, and current reports indicate that the implementation of EES is once again postponed. The European Authorities never formally confirmed a date, but October 2024 had been the latest launch date circulated. Amid concerns of readiness, November 10, 2024 (November 17 at the very latest) is now suggested as the new tentative launch date.

Newland Chase insight

We recommend anticipating delays when entering and exiting the Schengen area, particularly during the transition phase after initial implementation of the system. Travellers should allow additional time prior to boarding, especially when crossing the English Channel via train or ferry.

We also advise employers to keep track of their employees’ Schengen allowance (which includes any time spent in the Schengen area for either business or holidays), as it will become recorded and tracked by the EES, leaving no room for mistakes.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.

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At Newland Chase we pride ourselves on helping our clients stay ahead of the news. We’re constantly evolving and adapting to provide the best guidance and strategic advice for our clients.

We’re excited to announce today that our global immigration and travel solutions are continuing to evolve to meet the ever-changing employment demands of our clients.

We’ve enhanced our Advisory Services, structured around four strategic services. These changes are designed to streamline processes, assure compliance, and drive success for our clients. Introducing our four realigned strategic services: 1) Immigration and Travel, 2) Workforce Compliance, 3) Future of Work, and 4) Discovery.

Immigration and Travel

We understand how crucial global mobility and travel are for your business. As a trusted partner, we leverage our extensive knowledge of global immigration and cross-border business travel to deliver customized solutions that meet your unique needs. By working closely with you, we identify and address potential concerns, mitigating risks and avoiding costly penalties. Our goal is to provide seamless, timely, and fully compliant travel arrangements for your employees, ensuring peace of mind and minimizing disruptions to your global operations. With Newland Chase Advisory, you can trust that your organization’s international mobility and travel programs are in expert hands.

Workforce Compliance

When it comes to taking care of your people, compliance is non-negotiable. Newland Chase Advisory helps corporations navigate complex employment scenarios by identifying key actionable events, recognizing and addressing risks, and by creating comprehensive reference materials for right to work checks, document collection, and retention processes. With our comprehensive solutions, you’ll gain access to essential reference tools, including country-specific guides, real-time assessments of work eligibility, and oversight of eligibility records for your entire employee population. Our workforce compliance services also empower clients to navigate non-traditional workforce structures, including contractors, remote workers, students, and business visitors. Newland Chase Advisory will ensure legal workforce compliance and empower your organization to thrive in a rapidly changing global environment.

Future of Work

Progressive employers know that competitive advantage can be found in employment policy. Recent world events have accelerated the shift from traditional working norms and towards remote hybrid work arrangements, leading to a need for corporate and HR leaders to adapt their focus to long-term people strategies. Newland Chase Advisory has developed a Future of Work service suite to help clients navigate workforce challenges. The suite includes services such as corporate impact assessments, layoff consultancy services, international location and work-from-anywhere strategies, and reskilling and redeployment immigration strategies. These services aim to provide data-driven, legally compliant HR and global mobility strategies to optimize talent deployment, reduce risk, and maximize business opportunities.

Discovery

To ensure clients maintain compliance with essential document management requirements, Newland Chase Advisory has developed our Discovery service. This comprehensive solution includes employee population audits, benchmarking against industry best practices, and provides detailed findings, actionable recommendations, and training to ensure seamless implementation. With our expert guidance, clients can confidently navigate regulations surrounding document collection and retention, GDPR, personnel file requirements, and right-to-work documents, ensuring optimal compliance and minimizing risk.

Evolving to meet the needs of an evolving client base

Existing Newland Chase Advisory clients can continue to expect the same high service levels they’re used to—these changes won’t disrupt established service patterns. They represent a new way of looking at our services to ensure that whatever the world throws at us, we’ll be there for our clients to provide the very best guidance and support.

To learn more about our four strategic services, or for help with any immigration or travel issue you’re currently facing, existing clients can contact their Client Manager. If you’re not currently a Newland Chase client, email advisory@newlandchase.com to learn more about what we do.

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The Danish Parliament has passed a Bill amending the Danish Aliens Act, allowing greater flexibility for residence in Denmark.

Effective from July 01, 2024, the amendment will allow employees in the short-term track of the Fast Track scheme to apply for an extension to their stay, provided the stay does not exceed 90 days per year. Once the employee has applied for the extension, they will be allowed to continue working without needing a new provisional work permit, new biometric features recorded, or a new ID check by SIRI.

If an employee is required to work beyond the 90-day allowance within the 12-month period, they need to apply for a new work and residence permit.

Additionally, there has been a positive development to the job change rule where an employee holds a Pay Limit Scheme permit and is looking to switch to a Fast Track scheme permit with the same sponsoring Danish company. They will now be able to continue to work while in the process of changing schemes.

Finally, changes to the requirements for a Danish bank account were announced. Employees will now be able to have their salary paid into a foreign bank account. The bank account requirement has been removed from the following schemes:

• Researcher Scheme
• The Fast-track scheme’s Researcher Track
• The Fast-track scheme’s Education Track
• The Fast-track scheme’s Short-Term Track
• The Fast-track scheme’s General Pay Limit Track

For the remaining work permit schemes, the requirement to open a Danish bank account has been extended to 180 days.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

The post DENMARK – Changes to the Danish Aliens Act 2024 appeared first on Newland Chase.

On March 31, 2024, Japan launched a new residence status called “Digital Nomad Visa”. This visa allows eligible foreign nationals to remain in Japan for up to six months in a 12-month period and work remotely for their overseas employer. Digital Nomad Visa holders are permitted to carry out the provision of paid services or selling of goods to overseas clients and are geared towards professions such as software developers, digital designers, virtual assistants, or sole proprietors of foreign companies.

How do applicants qualify for this visa?

• Applicants must be a national of a visa-exempt country and a country with a bilateral tax treaty with Japan. 
• Applicants must be employed by and remunerated by their employers overseas. 
• Applicants must have a minimum annual income of at least JPY 10 million (approx. USD 68,300) or more at the time of application 
• Applicants must hold an insurance policy that covers death, injury, and illness during their stay in Japan. Coverage of 10 million yen or more for the costs of treatment for injuries and illnesses must be in place.

A Digital Nomad Visa-holder can bring a legally married spouse and children with legal parentage to Japan, provided they also meet eligibility criteria. The Digital Nomad Visa will come under the “designated activities” visa category. Refer to the table below for the list of eligible nationalities.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

Nationalities Eligible for Japan’s Digital Nomad Visa

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments. 

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Effective April 24, 2024, the Peruvian visa exemption for Mexican ordinary passport holders for tourist and business visits to Peru will be suspended. Mexican ordinary passport holders who wish to visit Peru for tourism or business purposes must apply for an appropriate visa at the nearest Peruvian diplomatic mission in their country of citizenship or ordinary residence before travel.

However, the following Mexican passport holders remain exempt from tourist and business visa requirements for up to 180 calendar days, either as a continuous visit or several consecutive visits during a one-year period, and are not required to apply for a visa before travel:

The holder of a visa for the United States of America, Canada, United Kingdom, Australia, Japan, or any member state of the Schengen area (see Note 1), with a minimum validity of six months.

The holder of permanent residence status as a foreigner for the United States of America, Canada, United Kingdom, Australia, Japan, any member state of the Schengen area, or any member state of the Pacific Alliance (see Note 2).

Newland Chase insights

The visa exemption suspension by the Peruvian government is in response to the Mexican government’s decision on April 6, 2024, to temporarily suspend the visa exemption enjoyed by Peruvian passport holders for travel to Mexico for tourism or business purposes with effect from April 20, 2024. The decision was taken due to an exponential increase in the number of irregular Peruvian migrants travelling through Mexico to reach the United States and Canada, which has created a humanitarian emergency. It is hoped that this measure will stop migrants from putting their lives, health and human rights at risk.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

Notes:

1. The member states of the Schengen area include Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

2. The member states of the Pacific Alliance, include Chile, Colombia, Mexico and Peru.

The post PERU – Suspension of Visa Exemption for Mexican Ordinary Passport Holders appeared first on Newland Chase.

Do you have an Irish born grandparent? If so, you may be entitled to apply for Irish citizenship by having your birth registered on what is termed, the Foreign Birth Register. Once an applicant’s birth is registered on the Foreign Birth Register, they are an Irish citizen and can apply for an Irish passport.

You will generally only be entitled to apply for Foreign Birth Registration on the basis of having an Irish born grandparent, if your relevant parent applied for Foreign Birth Registration before you were born. If they did so, you are also eligible to apply and if each generation applies for their registration before the next generation is born, each successive generation can benefit from the process.

In support of an application, an applicant will require official documentation relating to three generations, to include themselves. Usefully, siblings can submit their applications together, and can rely on one set of original documentation for their parent and Irish born grandparent.

The current processing time for Foreign Birth Registration applications is approximately 9 months from the date of submission. However, an applicant who is an expectant parent or a stateless person can expect to have their application expedited, on request.

The benefits of Irish citizenship include being recognised as a national of Ireland, a citizen of the European Union and having the right to live and work in Ireland, the UK and the European Union. Arising from these benefits, demand for Foreign Birth Registration has increased significantly since Brexit.

In addition, the Irish passport is ranked joint third (with Austria, Denmark, Luxembourg and the UK) by the Henley Passport Index which ranks the world’s passports according to the number of destinations their holders can access without a prior visa.

Please contact our Irish MD, Jane Pilkington, for any questions or assistance: jane.pilkington@newlandchase.com

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post IRELAND – Citizenship by Descent – Irish Born Grandparent appeared first on Newland Chase.

As the world’s largest economic region, and home to many of the highest scoring countries for quality of life and general well-being, Europe attracts foreign workers and business visitors from all over the world. In addition, its rich cultural heritage and diverse natural landscapes position the region as the global leader for tourism.

Most European countries have either joined the European Union (EU)¹ and/or the European Economic Area (EEA)², or have applied for membership of the EU. Between the EU and EEA countries, and to a lesser extent, Switzerland, there exists freedom of movement of capital, goods, persons, and services. This provides for some interesting options for cross border travel and work within the region (hereafter referred to as EU+), both for nationals of these countries as well as nationals from the rest of the world—so-called third-country nationals (TCNs).

The EU+ countries, with the exception of Bulgaria, Cyprus, Ireland and Romania, have also joined together to create the Schengen Area³—a single travel area within which generally no border controls take place⁴.

However, the cooperation between these countries also comes with limitations, which are often unknown or misunderstood by employers and their employees, and visitors generally. In this article we address some of the most common misconceptions about short-term travel within Europe from abroad.

Misconception 1: One visa allows travel to all European countries

The countries which form the Schengen area have defined a common list of third country nationalities who are visa-exempt for a cumulative stay up to 90 days in each rolling 180 days period (90/180 days, in short) in the whole of Schengen⁵. Nationalities not included in the visa-exempt list will require a so-called Schengen C visa for such short stays, which can be issued as Single Entry for one specific trip, Double Entry for two specific trips or (after having compliantly travelled on one or both of these several times) Multiple Entry within a longer period. Such Schengen C visas upon entry generally allow travel throughout the whole of the Schengen area (with border crossings within Schengen not being considered separate entries). The maximum allowed stay on a Schengen C visa can also be up to 90/180 days but is subject to the validity duration approved by the consulate.

Therefore, while one visa can indeed facilitate travel to many European countries, Bulgaria, Cyprus, Ireland and Romania, although part of EU and EEA, are not part of Schengen and therefore have their own visitor visas. Bulgaria, Cyprus and Romania do allow travel for Schengen visa holders to some extent, but the Schengen visa cannot be obtained through their consulates, and their national visas do not allow travel to Schengen. All other European countries outside of these four also have their individual visas which cannot be used for international travel within Schengen or the rest of Europe.

Misconception 2: A visa-exempt stay in Schengen can be extended by obtaining a Schengen visa or a second passport

Many travellers who are exempt from requiring a Schengen visa incorrectly believe that if they want to stay longer than the 90/180 days, they will simply be able to apply for a Schengen visa when nearing the maximum allowed period of stay. In fact, it is generally not possible for exempt nationals to obtain a Schengen C visa at all.

There are some circumstances in which a Schengen visa waiver national would require a special Schengen C visa (most commonly if the individual wants to work for a short period in certain countries), but in such scenarios the time spent on that special Schengen C visa will still count towards the 90/180 days stay limit. (Stays on a special C visa will be counted together with the visa free stay).

Obtaining a second passport does not extend the allowed stay beyond 90/180 days. This restriction applies per person, not per passport.

The only way to obtain authorisation for a stay of longer than 90/180 days in Schengen is to obtain long term residence authorisation in a specific country (either through a residence permit or the equivalent Schengen long stay D visa for that country), in which case stay in that country only will no longer count towards the 90/180 days restriction. However, such residence authorisation can generally only be obtained if the planned stay in that country is more than 90/180 days, and in most cases requires a company sponsoring the permit for work related reasons, as well as having a residential address in the country.

Therefore, it is crucial for frequent travellers to Schengen to plan their trips as far in advance as possible, and to keep close track of all dates of stay in Schengen (including dates of arrival and departure, no matter how short the stay). This should include not only dates travelled for work—personal stays in Schengen will also need to be counted.

If travel is planned by someone else (e.g. a project manager), then those personal dates of stay in Schengen will need to be shared with them. The European Commission has created a Schengen calculator which allows you to verify that planned travel is within the allowable limit: https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en⁶

Misconception 3: Visa exempt stay allows work

Many people refer generally to immigration documentation as “visa requirements”. This may be because there are a few well known countries in the world where work and residence authorisation are both issued in the form of a visa, most notably the USA. However, in most countries a visa only allows its holder, subject to the border control officer’s discretion, to enter a country for a pre-determined period. In most countries, work authorisations and long term residence authorisations are issued through separate documents, most commonly work and residence permits (potentially combined in a single permit). For this reason, it is better to refer to “immigration requirements”.

Due to the incorrect use of the term “visa requirements”, people could incorrectly assume that if they are visa exempt for a short stay in Schengen (or another country or region), that this means that they are authorised to carry out working activities on this visa free status as well.

However, generally this is not allowed, and activities should be strictly limited to activities such as tourism, visiting family and friends, and any activities recognised as business in the specific host country.

The same restrictions apply for people travelling on a Schengen C visa as for visa waiver nationals (unless, in either case, additional work authorisation has been obtained). Furthermore, if the activities are considered work, then other requirements, such as a Posted Worker Notification and related obligations, may also apply.

A special note for British nationals: although the EU and the UK negotiated a Trade and Cooperation Agreement⁷ (TCA), this agreement does not in general allow work to be carried out by British nationals in the EU (or vice versa). The TCA does contain a list with some activities that should be allowed on business status which otherwise tend to be considered work, however, some of these activities are open to different interpretations. In addition, some non-conforming measures have been included by some of the EU member states, which means that it has been agreed for them still not to allow some of those activities without a work permit, or for them to add additional restrictions to the activities for them to be allowable on business status. Posted Worker obligations may also still apply, even if the activity is work permit exempt.

Misconception 4: All countries in Europe allow the same activities on business status

Although there is a lot of cooperation between European states, this in general does not include a common list of allowed activities on business status. Many countries do not even themselves have a clear definition of what business activities are, so there are a lot of grey areas.

Therefore, whenever travelling abroad for work related reasons, even if it is only for one or a few days, it is always important to verify if the planned activities are allowed on business status or would potentially require work authorisation. Companies that have many frequent travellers could benefit from a robust assessment tool, to obtain visibility and ensure their employees are travelling compliantly.

However, apart from the aforementioned TCA business-allowed activities for British nationals, there is one other exception: the EU Blue Card Directive (2021/1883)⁸ contains a list of activities which EU Blue Card holders should be allowed to carry out when travelling on their Blue Card for business to other EU states: attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training. That said, new Directive, although officially due to be implemented into national legislations by 18 November 2023, has not been implemented yet in most EU countries. In addition, some of the activities as included in the list above are still subject to multiple possible interpretations. Therefore, it is expected that there will remain differences in what will be allowed for EU Blue Card holders when travelling on business to other EU countries.

Misconception 5: You can choose where to apply for a Schengen visa

Although a Schengen C visa, once issued, can in most cases be used to travel throughout the Schengen area, this does not mean that you can freely choose through which country’s consulate you want to apply for the visa. Instead, the visa needs to be obtained through a consulate of the country of main destination. In case the person is planning to travel to multiple countries, then in principle, the country where the person will stay the longest is considered the main destination. If stay will be equally long, then the country of first entry into the Schengen area has jurisdiction. Note that if multiple destinations are known at the time of visa application, supporting documentation regarding all those destinations will need to be provided.

Furthermore, a person needs to apply at the consulate with jurisdiction over their country of nationality or country of residence (which in some low volume locations can actually be in another country). Within that country there may be multiple consulates and/or visa application centres representing the same Schengen country.

Often then one consulate/visa application centre will have jurisdiction based on city of residence, although some Schengen states may allow applications to be filed at any of their representations within a specific country.

Preparations are currently being made to move the Schengen application process to one unified online system. Although this online system is planned to be implemented within the next few years, the current experience of continuing delays in the implementation of two other travel related digitalisation efforts (ETIAS travel authorisation for visa exempt nationals and the Entry and Exit System-EES) may cast doubt on whether such short timeline will be met.

Misconception 6: You can apply for a tourism visa to carry out business activities

Schengen C visas can be issued for different purposes, most commonly tourism and business, each of which require different types of supporting documents. Furthermore, different countries can issue different visa types. For example, Switzerland has a separate Schengen C visa category for visiting family, while many other countries may include this in the more generic tourism visa type.

The visas are sometimes issued with a remark from the issuing Schengen country regarding the purpose for which the visa has been issued. However, if the visa is issued for Multiple Entry (not to be confused with a Double Entry visa), then the visa can also be used for a purpose other than the one indicated in the Remark (if that type of activity is allowed on a visitor status by the host country). This means that, for example, a visa with the remark of tourism can be used for a business visit. However, this does not mean that you can apply for a Tourism Schengen C visa, if the purpose of obtaining the visa is to carry out business activities.

At time of application for a Schengen C visa, it is mandatory to provide information and documentation related to all planned visits at that time, and all information needs to be accurate at that time (for example, it is not permitted to use dummy hotel reservations).

This means that if, at the time of application, you have already planned a specific business visit, you will need to submit supporting documentation related to that business visit and apply for a business visa. Not doing so may be considered fraud.

However, if you currently only have tourism activities planned, then you can apply for a tourism visa with related supporting documents. If the issued validity allows, you can then later use that visa for a later planned business visit as well.

If using a visa with a remark referring to a different purpose, it is advisable to bring some proof that you have initially travelled for the purpose for which the visa was issued. In the event that the initial trip for which the visa was obtained was cancelled, then documentation relating to the cancellation of the trip should ideally be available. Without such documentation the border control officer may draw the conclusion that you have obtained your visa on a fraudulent basis, which may result in refusal of entry and visa cancellation and can negatively impact future visa applications.

About the author: Carlijn Langeveld is a seasoned global immigration specialist with more than 16 years of experience under her belt. As Advisory Services Manager she provides strategic immigration advice to Global Mobility and Travel Managers of both Small and Medium Sized companies, as well as large Fortune 500 multinationals. Her specialties include work related travel in Schengen and the EU, and Posted Worker Compliance.

1 EU consists of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden

2 EEA consists of EU, plus Iceland, Norway and Liechtenstein

3 Bulgaria and Romania are making significant steps towards joining the Schengen area. As part of this process, from 31st March 2024 border control between Schengen and these countries will be abolished for travellers through air and sea.

4 If special circumstances threaten its safety, a Schengen country can temporarily reintroduce border controls. This exception has e.g. been widely used during the Covid crisis, and is currently being used by some countries related to the war in Ukraine.

5 This means that on any day of stay in Schengen on visa exempt visitor status you need to look back at the past 180 days (including that day), and determine if this day of stay will bring you beyond the allowed 90 days in that 180 days period.

6 Newland Chase has a more user-friendly Schengen stay calculator available which allows for more continuous tracking and planning.

7 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:22021A0430(01)&from=EN#d1e33059-10-1

8 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021L1883&from=EN

The post 6 Common Misconceptions about Short Term Travel in Europe appeared first on Newland Chase.

Employees are allowed to work in Denmark for two separate working periods – each of 15 working days within a 180-day period. These two working periods must be separated by a stay outside of Denmark of at least 14 days.

Requirements

• The Danish company must have a minimum of 50 employees
• The employee must be employed by a foreign affiliated company
• The employee must work at the Danish company with which his/her foreign employer is affiliated

Documentation

The following documents are required:

1. An invitation letter or program from the Danish company including:
   • Information about the group relationship
   • The current number of employees in the Danish company
   • The period required to carry out the work
2. A copy of the employment contract from the home company

It should be noted that the scheme does not apply to the industries specified below, unless the foreign worker is travelling to Denmark to carry out work at management level or work requiring knowledge at intermediate or higher level.

• Construction
• Agriculture
• Forestry and horticulture
• Cleaning (including window cleaning)
• Hotel and catering as well as carriage of goods by road

Immigration Insights

Please note that the authorities are still working on preparing Annex 1 (required information when entering Denmark). We will publish more information as we receive it.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post DENMARK – Upcoming Changes to Work Permit Exemptions appeared first on Newland Chase.

Foreign expatriates have been returning to Israel in greater numbers over the past two weeks. Individuals seeking to return but with upcoming or past visa expiration circumstances should consider submitting an application for a waiver from consular processing. We recommend liaising with a specialist immigration provider for support with this as the approval of waivers requires strong justification and a compelling case needs to be submitted to Israeli immigration authorities.

Foreign nationals seeking to secure work authorisation in Israel should be aware that, effective January 1, 2024, the minimum monthly prevailing wage for foreign national experts has now increased to NIS 24,758—up 5.5 percent from 2023.

Additionally, from within Israel, the US Embassy has resumed non-immigrant and immigrant visa services. Appointments are available on the scheduling site for Israelis seeking to schedule interviews for H, L and E employee applications, as well as O and other non-immigrant visa classifications. The State Department has extended the interview waiver program for certain eligible non-immigrant applicants who wish to renew their visas. Israeli nationals may qualify for interview waiver if they apply in Israel; have no prior visa refusals (unless waived or overcome); and display no apparent or potential ineligibility. Renewal applicants must apply within 48 months of the prior visa’s expiration date. It should be noted that in-person interviews may still be required based on individual cases and at the discretion of the Consular Officer.

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Friday 10 November Update:

The Ministry of Interior in Israel are yet to provide further information regarding an automatic extension to work visas for foreign employees beyond 9 November.

Further to our previous alert advising that expiration dates of valid work visas would be extended up to 9 November 2023, immigration authorities have not yet released an additional automatic extension of work visas for foreign employees or published any official guidelines to clarify the situation.

Foreign nationals who have already departed Israel with visas due to expire whilst they are outside of Israel must have their visa extensions processed at Israeli consulates before the expiry of their current visas. Due to the complexity and evolving nature of the conflict, we recommend liaising with immigration providers for further advice as several Israeli consulates worldwide are working with reduced hours or are currently closed. All matters, including the lack of clear government guidelines for visa extensions, should be reviewed on a case-by-case basis and will depend on various factors including the employee’s nationality, physical location, and visa expiration date as well as other considerations.

For some consular matters, there may be a possibility to submit a special request for a waiver from consular processing and to instead have this completed in Israel, However, should this be successful, work activities can only commence once the visa processing is complete in Israel (which may take an additional 1-2 days).  We would recommend that all employers of foreign nationals seeking to extend their stay in Israel, begin the process for visa renewals three months prior to their visa expiration date to allow for sufficient time for work visas to be processed.

Meanwhile, the Rafah crossing from Gaza into Egypt continues to open periodically. This week, a number of foreign passport holders and some injured evacuees passed through the crossing following a two-day suspension.  The Rafah border crossing is the only exit from Gaza that does not border Israel.

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Wednesday 01 November Update:

The Rafah border crossing connecting Gaza with Egypt has reopened for the first time since the start of the conflict between Israel and Hamas.  Severely injured Palestinians requiring hospital treatment as well as dual national foreign passport holders have been permitted to evacuate Gaza.  The embassies of the people permitted to leave the warzone have been informed in advance.  It is expected that further evacuations will take place in the coming days.

Meanwhile, Israeli immigration authorities have advised that that the expiration date for all visas (other than B-1 work visas) – which were due to expire before 8 February 2024, will automatically be extended to 8 February 2024. Additionally, foreign nationals working in the domestic caregiving and agriculture sectors whose work permits were due to expire between 7 October 2023, and 7 January 2024, will now be granted an extension of three months from the expiration date of each permit.

Unless any further announcements are made regarding extensions, visas should be extended following the regular extension process.  As mentioned previously, all visa holders with an expiration date prior to 9 November 2023, including work visas, will automatically be extended to 9 November 2023.

The Israeli Ministry of Foreign Affairs have now closed Israeli embassies in the following countries: Egypt, Jordan, Bahrain, Turkmenistan, and Morocco.

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Friday 27 October update:

Immigration authorities in the United Arab Emirates have placed additional security checks on Palestinian and Israeli nationals applying for visas required to obtain employment and dependent permits.  Additionally, Newland Chase has observed an increasing trend of visit visa refusals from Lebanon, Egypt, and Palestine.

It is still possible for Israeli citizens to enter the UAE, and the UAE is still granting visa on arrival for tourism/business meetings.

Currently, it is not possible for Israeli nationals to enter Lebanon, Egypt, Qatar or Saudi Arabia unless there are humanitarian grounds to apply for an exemption to enter these countries. As the conflict develops, we anticipate that additional countries may consider restricting entry for Israeli citizens.

Finally, a growing number of countries are advising their citizens to avoid travel to Lebanon at this time. The US State Department has raised its advisory for Lebanon to Level 4: Do Not Travel. The US embassy in Lebanon is advising American citizens who wish to depart Lebanon to leave immediately, due to the unpredictable security situation. International flights from Beirut–Rafic Hariri Airport are still operating, though at reduced capacity. The US Embassy in Lebanon further is offering potential financial assistance to Americans wishing to leave Lebanon, but who lack funds.

Tuesday 24 October update:

Cyprus to assist with evacuation and repatriation 

The Ministry of Foreign Affairs in Cyprus have implemented the Special National Plan ESTIA to support with the evacuation and repatriation of foreign citizens from an area in crisis.

Special National Plan ESTIA is activated in times of emergency or crisis, to allow for the safe evacuation of civilians from a nearby crisis area (in this instance the wider Middle East region) through Cyprus.  More specifically, in consultation with the embassies of 26 countries (including the US, Denmark, UK, Portugal, Holland, Belgium and Germany), Cyprus will operate as a transit for foreign nationals seeking to return to their home countries. Cypriot authorities are arranging temporary accommodation, food, and special return flights to transport foreign citizens back to their country of nationality.  The Special National Plan ESTIA is not applicable for Israeli or Palestinian nationals.

Holders of Israeli passports can enter Cyprus as visitors, without a visa for stays that do not exceed 90 days within a six-month period provided that their passport will be valid for at least three months at the date of departure.

Palestinian nationals cannot enter Cyprus as visitors and will need to apply for a visa. If they are already holders of a visa allowing entry to Cyprus, it is recommended to check with their embassy their individual status to find any available options.

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Friday 20 October update:

Israeli citizens eligible for visa-free travel to US effective immediately

The US Department of Homeland Security (DHS) have announced, with immediate effect, that Israeli citizens will be permitted to undertake short-term travel to the United States under the U.S Customs and Border Protection (CBP), Electronic System for Travel Authorization (ESTA) scheme.

US authorities had previously designated Israel into the U.S. Visa Waiver Program effective 30 November 2023, however the implementation date has now been brought forward due to the ongoing conflict in the Middle East.  Successful applicants will be able to enter the United States for tourism or business purposes for up to 90 days. Israeli citizens and nationals who currently have a valid B-1/B-2 visas can also continue to use them for business and tourist travel to the United States.

Eligible Israeli citizens and nationals must have a biometrically enabled passport book. ESTA applications may take up to 72 hours for processing. The ESTA application will be available in English only at this time and is expected to be available in other languages by 1 November 2023.  ESTA is an automated system that assists in determining eligibility to travel to the United States under the Visa Waiver Program. Upon completion of an ESTA application, travellers are notified of their eligibility to travel to the United States under the Visa Waiver Program. Holders of non-biometric, temporary, or emergency travel documents, or travel documents from a non-Visa Waiver Program designated country will not be eligible for an ESTA but can instead apply for a U.S. visa.  Additionally, any individuals intending to stay in the United States longer than 90 days should consider applying for a visa instead of an ESTA.

Eligible travellers can apply online for authorization to travel to the United States through the ESTA at esta.cbp.dhs.gov or by downloading the “ESTA Mobile” app through iOS App Store or the Google Play Store.

Rafah border remains closed to Palestinian and foreign nationals in Gaza

Meanwhile, Palestinians and all foreign nationals continue to be unable to evacuate from Gaza across the neighbouring border to Egypt. In addition to border sites with Israel being closed, the Rafah crossing on the border of Egypt and Gaza remains shut meaning that it is not possible to evacuate the ongoing war taking place in Gaza.

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Friday 13 October update:

On 12 October 2023, the immigration authorities in Israel (known as the Population, Immigration and Border Authority ‘PIBA’), have announced that they will be closed to the public until further notice.  No indication has been provided regarding the duration of the closure.  This is likely to cause a further delay to work permit applications currently in process in Israel and/or at Israeli Consulates internationally.  For up-to-date information on the specific locations of the office closures, we recommend reviewing information on the PIBA website (piba.gov.il) or on telegram at: https://t.me/pibaIsrael.

Travel to Israel continues to be severely impacted by the ongoing conflict between Israel and Palestine. Whilst some scheduled flights are operating as normal, individuals planning to enter or depart Israel should anticipate delays or cancellations.  The Ministry of Interior desk at Ben Gurion Airport Terminal 3 should be contacted in case an emergency passport is required for any individuals who has a flight booked within a 48-hour period.  More information on eligibility and issuance of emergency passports can be found on the PIBA website (Issue a emergency passport(temporary) or travel document | Population and Immigration Authority (www.gov.il))

As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Wednesday 11 October update:

Further to our client alert on 9 October 2023, the security situation in Israel and Gaza remains unstable due to the ongoing conflict.  Ben Gurion Airport remains operational and commercial airlines are continuing flights to and from Israel, albeit with several scheduled flights being delayed or cancelled. As of 11 October, there have been no reported consular or embassy closings in Israel. This could change at any time and we will continue to monitor the situation and advise accordingly.

Immigration authorities in Israel have confirmed that the expiration dates of all currently valid work visas expiring for the next month will be extended until at least 9 November 2023. After this period, if no subsequent notification is issued, work permits or visas will need to be extended in accordance with the standard procedures.

Work permit applications currently in process may be delayed due to staff shortages within the immigration authorities in Israel and/or at Israeli Consulates internationally. As the Israel-Palestine crisis continues to evolve, CIBT will continue to monitor any developments and provide updates as necessary.

Monday 9 October:

The attacks by Hamas against Israel on Saturday have sparked a crisis situation across the country. CIBT has been monitoring the situation to determine how travel in and out of Israel will be affected.

As of Monday morning, there were no reported consular or embassy closings in Israel. This could change at any time, and we will continue to monitor the situation.

The US State Department in an official announcement is saying “the situation in Israel remains dynamic” but has not as yet issued a formal travel advisory. The State Department has published the following information for US citizens in Israel, saying: “US citizens seeking to be in touch with the US Embassy in Israel, can call 1-833-890-9595 (toll free) and 606-641-0131 (local). For the latest security alert regarding Israel, please click here.”

Meanwhile, the government of the United Kingdom issued an urgent advisory warning people to “avoid travel to Israel and the Occupied Palestinian Territories.” The Foreign and Commonwealth Development Office has specifically warned against all travel to Gaza, the Sheba’a Farms, and Ghajjar, as well as any areas within 500 meters of the borders with neighboring Lebanon and Syria, as well as all but essential travel to areas in the northern West Bank.

In terms of travel, Ben Gurion International Airport – Israel’s primary international airport – remains open, though sporadic closures due to Hamas rocket attacks are possible. A number of airlines, including America, Delta, British Airways, and Lufthansa, cancelled flights to Tel Aviv over the weekend and are scaling back operations this week. Anyone with a scheduled flight to or from Israel should check with your carrier on the current status of your flight.

Cruise lines are also being affected by the conflict. On Saturday both Holland America Lines and Oceana immediately suspended shore excursions and hastily left the port of Haifa in northern Israel on Saturday. Most cruise lines are either diverting from scheduled stops in Israel or canceling shorter cruises entirely.

The situation in Israel is rapidly developing. CIBT will continue to monitor the situation and provide updates as necessary.

Frequently Asked Questions

Are consulates and embassies in Israel operating differently in light of the conflict? Will there be delays in visa and work permit issuance?

As of October 13, we have no reports of foreign embassy or consulate closures in Israel, though this may change as the conflict goes on, so please follow Newland Chase’s blog and social media accounts for updates.

On 12 October 2023, the immigration authorities in Israel (known as the Population, Immigration and Border Authority or ‘PIBA’), have announced that they will be closed to the public until further notice.  No indication has been provided regarding the duration of the closure.  This is likely to cause a further delay to work permit applications currently in process in Israel and/or at Israeli Consulates internationally.

Does CIBT provide services in the region?

Yes, we can provide travel document services to the region, including providing visas.

Can business travelers still move in and out of the region?

Yes, there are no broad travel bans currently in place, though some governments, like the United Kingdom and United States, are advising against travel to the region in general and are saying not to travel to Gaza specifically.

Flights into and out of David Ben Gurion airport – Israel’s main international airport – are subject to delays and cancelations, with some airlines stopping flights into Israel.

Can tourists still move in and out of the region?

Yes, there are no general travel bans currently in place, though many governments are advising against travel to the region. Flights into and out of David Ben Gurion airport – Israel’s main international airport – are subject to delays and cancelations, with some airlines stopping flights into Israel.

Cruise lines have been diverting away from port calls in Israel, and ending shore excursions, so if you are traveling to Israel as part of a cruise, the itinerary will likely remove any stops in Israel.

Anyone traveling to Israel currently for tourist purposes should exercise extreme caution and register with your country’s embassy in Israel upon arrival so you can be contacted in case of emergencies.

What precautions should foreign nationals in the region take?

If you are a foreign national currently in the Israel/Palestine region (or even in a neighboring country such as Lebanon or Jordan which could see fighting spill over into their countries) we recommend you register with your country’s embassy or consulate in case support is needed at any time.

US citizens should enroll in STEP (Smart Traveler Enrollment Program), which both lets local embassies and consulates know you are in the region and provides you with emergency alerts and advisories.

It is also important to keep a copy of your travel documents (copies of your passport, national ID cards, travel visas, work permits, etc.) with you at all times. Also monitor local media for real-time information on any potential disturbances in your immediate area.

Can Israelis travel to the United States without a visa?

Yes. A visa-waiver scheme between the US and Israel was scheduled to go into effect in November. Due to the ongoing conflict, the visa-waiver program has begun immediately. Israelis can now travel to the US for periods up to 90 days without a visa. For longer stays, a visa will still be required.

Can foreign nationals who are currently in Gaza leave?

Foreign governments have been working to arrangements for their citizens currently in Gaza to leave, though mobility is greatly affected by active military operations. The foreign nationals should plan to leave via the Rafah border crossing between Gaza and Egypt. The Rafah crossing has been open for limited periods of time for humanitarian reasons since the beginning of the conflict. Foreign nationals should work with their local embassy or consulate on procedures to leave Gaza.

How long is this conflict expected to last?

There is no way to tell, though we will work to provide information and travel document service for the duration of the conflict.

Where can travelers get regular updates?

Our staff is following developments in the region closely and will provide updates on any announced travel restrictions or embassy/consulate closings. Please follow our social media channels and our blog for updates.

Links
Blog: Immigration Insights – Newland Chase Global Immigration Services for Corporations & Individuals
LinkedIn: https://www.linkedin.com/company/cibt/
Facebook: https://www.facebook.com/cibtcorp
Twitter: https://twitter.com/CIBTGlobal

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Although sometimes allowed, generally it is advisable not to travel for business to the host country, especially for meetings at the future hosting entity; the inspectorate could at time of an inspection (mis)interpret the presence of a work authorisation applicant at the company’s premises as them having started their assignment prematurely, and hence illegally. Stay on other visitor status, for example for a look and see trip, is more often accepted by the authorities, but this is also not always allowed.

Sweden is a good example of a country where any stay in the country during work permit processing can lead to an immediate rejection of the application. Checking entry records by the authorities is a standard part of the application processes. In case of unexpected required travel to Sweden, the authorities would therefore need to be informed of the travel, which will result in them putting the application processing on hold for the duration of the applicant’s stay in Sweden.

In France employees were already advised to not travel to the country during work permit application processing, but recently the authorities have become stricter in this regard. The authorities are now requesting a signed statement that the employee is not in France during the application processing.  Furthermore, entry and exit records are now actively checked by the authorities as part of the application processing. Anyone that is travelling to France during processing therefore risks rejection of their application.

There are generally no border controls within the Schengen* area. As a result, travellers may arrive in one Schengen country and then travel freely by private or public transport to another Schengen country. Authorities are aware of this, and therefore countries such as Sweden and France may also question travel by applicants to other Schengen countries during processing of their work authorisation applications. Therefore, when applying for a permit to a Schengen country where such travel restriction during processing is applied, it is advisable to stay out of the Schengen area altogether until work authorisation (and visa, where required) is obtained.

Should you have any questions about the requirements or restrictions for any upcoming international travel, do not hesitate to reach out to Newland Chase at UK@newlandchase.com  to book a consultation with our immigration experts.

* Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

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This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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