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.

The post EUROPEAN UNION – Reminder of Upcoming Entry-Exit System (EES) 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.

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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.

There are many different factors that go into deciding the best and worst countries to do business, ranging from a country’s economic indicators—such as gross domestic product, unemployment rate, and the consumer price index—to its corporate tax rates and political climate. On the one hand, underserved or emerging markets can represent fertile ground for growth. However, new markets can come with unforeseen challenges and instability you may not be used to dealing with at home, so it’s best to do your research about which country might be most beneficial for your business.

There are so many countries to choose from, your decision will differ based on the type of business you are looking to expand. Read on to learn about some of the best countries to do business for international companies.

Singapore

This relatively small island nation is an economic powerhouse, with super business-friendly policies that make it ideal for a business looking to expand, according to the World Bank. Its economic growth is strong, and its population has a relatively high earning power and GDP per capita, translating to lots of spending potential. Politically stable, Singapore also offers favorable tax laws to business owners, including no dividend or capital-gains tax.

To top it all off, it offers numerous free-trade agreements and great access to promising neighboring countries, including Malaysia and Indonesia—all of which means more avenues for expansion and possible markets to capture once you’ve established your business in Singapore.

Hong Kong

A Special Administrative Region of China, Hong Kong is a great place to do business. Its free-market economy depends on the global market for its economic growth, and its workforce is highly educated. With world-class infrastructure and easy access to China, it’s a good option for any company wanting to expand its footprint or gain a presence in Asia. Many Chinese companies are eager to be listed on the Hong Kong Stock Exchange (HKEX), thanks to its reputation as a leader in global commerce.

United Kingdom

Though it may have left the European Union, the UK is still considered one of the top countries for business owners. It has a relatively low business-tax rate compared to the average Central European country, and one of the lowest corporate-tax rates of the G20 nations.

Furthermore, its digital infrastructure is particularly business-friendly. Its online portals and digital filing systems are easy for foreigners to navigate, meaning you could incorporate your business in a single day working from your laptop.

Though the UK voted to make itself less competitive on the global stage as a result of Brexit, it is opening up free-trade agreements with the rest of the world as a result of leaving the EU, which can be more beneficial depending on the nature of your business.

Norway

A wealthy country with a highly educated and relatively wealthy population, Norway is a great place to do business if you’re in the tech or services sector. Its sophisticated digital infrastructure means that bureaucratic tasks, such as filing taxes or registering your business, are incredibly straightforward compared to other nations. And though it is not in the EU, its place in the European Economic Area means it has very strong ties with the bloc, both culturally and economically. It also has a world-leading quality of life.

Ireland

Ireland has earned a reputation as an economic success story among EU countries in the wake of the 2007-08 financial crash. One of the ways it has done so is to make it very attractive to do business there, including offering low corporate-tax rates that have drawn in big tech companies, including Google and Facebook.

But the tax benefits aren’t the only reason Ireland is an attractive place to start a business. Ireland GDP has grown steadily during the last decade, and it has a robust labor force with an international-facing outlook. Though it wouldn’t have been true 20 years ago, Ireland has certainly made the case for being one of the best countries for international corporations.

Mexico

With one of the largest economies in Latin America, Mexico is a highly competitive economy if you’re looking to expand your business’s footprint outside of the US. It has relatively little political instability compared to other countries in the region, a large tourism economy—thanks to the resorts dotted all along the Pacific Ocean—and a relatively young population, which translates to a strong workforce with much earning power ahead of them.

Reforms to business registration mean it’s less of a bureaucratic headache to do business in Mexico these days. In addition, its proximity to the United States make it attractive to American business owners who want to have a footprint in both countries.

So where should you start your business?

There is no singular country that can be declared the best country to do business. It will depend on what you’re trying to achieve as a business owner and the type of market or customer you are trying to reach. But these countries represent some of the most welcoming and exciting places to consider.

Stay in the loop with Newland Chase

An experienced immigration specialist can help you navigate the complexities of border-crossing requirements. Contact Newland Chase for a quote today.

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 NC Insights – The Easiest Countries to Do Business in for 2023 appeared first on Newland Chase.

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.

_____________________________

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 COMPLIANCE CORNER – Travel to Host Country During Work Permit Processing appeared first on Newland Chase.

The new exemption explained

The new exemption came into force on 01 January 2023 and the Immigration Skills Charge (Amendment) Regulations 2022 confirms that sponsors of the Global Business Mobility – Senior or Specialist route will be exempt from paying the ISC if all of the following apply:

• The Certificate of Sponsorship (“CoS”) was assigned on or after 1 January 2023;
• The worker is a national of an EU country (this does not include Iceland, Liechtenstein, or Norway) or is a Latvian non-citizen;
• The worker has been assigned to the UK by a business established in the EU and which forms part of the same sponsor group; and
• The end date of the assignment stated on the CoS is no more than 36 months after the start date.

Recap on ISC

The ISC is a charge payable by employers to the Home Office when sponsoring the majority of workers under both the Skilled Worker and Global Business Mobility – Senior or Specialist Worker routes.

The amount of charge is calculated based on the size of the sponsoring organisation and the length of employment given on the certificate of sponsorship.

A large company sponsor must pay an ISC charge of £1,000 per year per worker, while small and charitable companies must pay £364 per year per worker. A sponsor is eligible to pay the small or charitable sponsor ISC charge if it has charitable status or is subject to the small companies’ regime as set out in the Companies Act of 2006 or is a person who employs no more than 50 employees.

Cost reduction for employers

Businesses can now take advantage of the new exemption to save on ISC and reduce the overall costs when sponsoring group senior managers or specialist employees to come to or stay in the UK to undertake temporary work assignments with a UK business that is linked to their employer overseas.

Organisations and individuals impacted by this development are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

For general advice and information on immigration and business travel to the UK, please contact us.

The post UNITED KINGDOM: Immigration Skills Charge Exemptions appeared first on Newland Chase.

Changes to work start dates

• Clarification on starting work early: A worker can start working in their sponsored employment as soon as they have permission to enter or stay in the UK, even if this is before the start date recorded on their CoS. You do not have tell the Home Office if the worker’s start date has been brought forward after they have been granted permission.

Updates to delays to work start dates

1. The Home Office have amended the guidance for when the permitted 28 days in which a sponsor can delay a start date can begin. The guidance now refers to the 28 days starting from when the applicant is NOTIFED of the decision (rather than the date of grant of the visa itself) – if this date is the latest date.
2. The Home Office have increased the reasons for delaying past the permitted 28 days in which a sponsor can delay a start date. Acceptable reasons for a delayed start may include:
   • travel disruption due to a natural disaster, military conflict, or pandemic;
   • the worker is required to finish a contractual notice period for their previous employer – if the worker is in the UK, their conditions of stay must allow them to do this;
   • the worker requires an exit visa from their home country and there have been administrative delays in processing it;
   • illness, bereavement, or other compelling family or personal circumstances (see below):

This is not a comprehensive list and each case will be judged on its merits

In relation to delaying past the permitted 28 days, there will be no prior approval obtained; for this. Instead, the sponsor “should be aware that UKVI may cancel the workers permission if they do not consider that there is a valid reason for a delayed start”. The sponsor should do a right-to-work check prior to the commencement of employment, and any follow up checks, and if the worker subsequently informs them that their permission has been cancelled, the sponsor needs to stop sponsoring them and report this via the SMS account within 10 working days.

• Sponsors do not have to report a change to start date (where the worker has been granted permission) if it is delayed by no more than 28 days

Leave without pay

The Home Office have added additional guidance in relation to leave without pay for more than the permitted four weeks:

If you believe there are compelling or exceptional circumstances as to why you should not stop sponsoring a worker who has been absent from work without pay for more than four weeks (and an exception does not apply), you must report the absence and reasons via the ‘Report migrant activity’ function in the SMS for UKVI to consider. You should be aware that UKVI may cancel the worker’s permission if they are not satisfied there is a valid reason for continuing to sponsor the worker. If this happens, you must stop sponsoring the worker. Again, this must be reported using the Report migrant activity function, and if the Home Office considers that there is not a valid reason it may cancel the worker’s permission (and the sponsor must stop sponsoring them).

Reduction in rate for health reasons

In relation to the recent immigration rule, changes to include health reasons within the permitted reasons for a reduction in pay, the guidance elaborates on this as follows:

[The reduction in pay is permitted if] the reduction coincides with a temporary reduction in the worker’s hours, or a phased return to work, for individual health reasons, provided:

• this is supported by an occupational health assessment; and
• the reduction does not result in the hourly rate falling below any hourly rate requirement
  which applied when the person obtained their most recent grant of permission.

Skills Charge

There is also a concession to not have to pay the Skills Charge in the following circumstances (note: this is currently subject to Parliamentary approval, and we will await clarification of how this is to be applied in practice):

• you assign the CoS on or after 1 January 2023;
• the worker is a national of an EU country or is a Latvian non-citizen – note that this concession does not apply if the worker is a national of Iceland, Norway, Liechtenstein, or Switzerland;
• the worker has been assigned to the UK by a business established in the EU, and which forms part of the same “sponsor group”;
• the end date of the assignment, as specified on the CoS, is no more than 36 months after the start date.

Organizations and individuals impacted by this development are encouraged to contact a Newland Chase immigration specialist for case-specific advice. For general advice and information on immigration and business travel to the UK, please contact us.

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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During an informal meeting by Foreign Affairs Ministers on August 31^st, 2022  a political agreement was reached on a common and coordinated way forward when it comes to visa issuance for Russian citizens. This agreement has now been formalized when, on September 9^th, 2022 the EU Council adopted Council Decision (EU) 2022/1500 to suspend the EU’s Visa Facilitation Agreement with Russia in whole, giving Member States wide discretion and greater scrutiny in processing short-stay visa applications from Russian citizens.

While Russian nationals are still able to apply for Schengen and EU national short stay visas, as of September 12^th, 2022 the visa fee will increase from €35 to €80, and such applications will be processed with increased scrutiny. The European Commission has issued guidelines for the member states on how to process visa applications while the Facilitation Agreement is suspended. Among other things, these guidelines contain the following recommendations:

• Visa applications for non-essential reasons should be de-prioritised when allocating visa appointments.
• Processing times can go up from the 10 days under the Facilitation Agreement to up to 45 days, to ensure that sufficient scrutiny can be applied to the applications. Member states can e.g. decide to take such longer time for non-essential applications, which may allow for faster processing of applications for essential travel and for emergencies.
• Issuing visas with shorter validity and/or single-entry visas instead of multiple-entry visas should be considered, since the economic instability, the restrictive measures and political developments in Russia may increase the likelihood that applicants will no longer fulfil entry conditions over time.
• Travel insurance issued in Russia may be rejected, since claims against the insurance company might not be recoverable in a Member State due to the sanctions which are currently in place.
• Additional documents outside of the normal can be requested, where this is needed to ensure a high level of scrutiny, in particular in cases of possible threats to public policy, public order and international relations.
• Already issued visas for Russian nationals may be revoked if it becomes evident that the conditions for issuing a visa are no longer met.

It should be noted that long term permits and visas are not affected by this Decision, and Ireland is not bound by it.

Denmark has its own Visa Facilitation Agreement with Russia. In response to the EU suspension, it has decided to suspend this agreement as well and has issued a new Visa Executive Order on September 10^th, 2022, which moves Russia from group 3 to group 5 of countries with a visa requirement, with immediate effect. This means that Russians can only apply for visas for private reasons in extenuating circumstances, such as a terminal illness or death in the family. Business visas can still be issued, but only in specific justified cases.

The Schengen-associated countries (Norway, Iceland, Switzerland and Liechtenstein) have their own bilateral visa facilitation agreements in force with Russia which replicate the Visa Facilitation Agreement. They are not bound by the Decision, but are expected to suspend their bilateral agreements as well, following their national procedures.

Newland Chase Insights

Companies who rely on Russian nationals to travel to the EU and Schengen for business or short term work up to 90 days are likely adversely affected by this Decision of the EU Council. Employers should expect to be required to provide more information about why the travel is essential, as well as to provide assurances of return of their employees to Russia after their activities are concluded. Frequent travel to EU/Schengen  may be impaired due to the possible need of subsequent single entry visas, where previously multi-entry visas potentially could have been obtained, as well as due to the likely longer processing times. Companies may want to consider transferring their frequently travelling Russian nationals to one of their entities in the EU/Schengen.

Please reach out to Newland Chase for your specific questions about how these suspensions of agreements impact your company or if you want to discuss the options for your specific situation.

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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In preparation for travelers heading to the FIFA World Cup 2022 in Qatar, the authorities have announced that any foreigners traveling from 1 November 2022 to Qatar should procure a Hayya Card prior to entering the country, except Qatari Residence permit holders.

However, there is no clear information from the authorities as as to whether travelers on Qatar temporary work visas are required to secure a Hayya card. No other standard visit/travel/visa-free/visa-on- arrival permits will be issued during this period and Hayya will be considered as the entry permit.

Residents of United Arab Emirates and Gulf Cooperation Council (GCC) countries will also need a Hayya card to enter Qatar starting from 1 November 2022. This requirement is applicable to all travelers intending to visit Qatar, irrespective of whether they are traveling to attend the FIFA World Cup, for leisure, or any other purpose.

Those with confirmed match tickets can apply for a Hayya card now. The traveler’s accommodation will also need to be validated during the process. To apply for a digital Hayya Card, and to book accommodation, please visit Qatar2022.qa or download the Hayya to Qatar 2022 app (available on iOS and Android).

Hayya Card is operated by the government of the State of Qatar. For any questions relating to the digital Hayya Card please contact info@hayya.qa or call 800.2022 (Qatar) or (+974) 4441.2022 (International). Please contact enquiries@book.qatar2022.qa, for enquiries regarding the accommodation options.

Qatar Travel Prior to 1 November 2022

Travelers who intend to travel to Qatar before 1 November 2022 may be permitted to entry the country based on the below categories of visas. If the traveler intends to attend FIFA World Cup 2022 matches, they will still need to secure a Hayya card to access the stadium.

Visa on Arrival – 90 days

Nationals of the countries listed in the table below can secure a visa on arrival for 180 days from the date of issuance and are entitled to stay in Qatar only for 90 days, during either a single trip or on multiple trips.

Visa on arrival – 30 days + extendable 30 days

Nationals of the countries listed in the table below can secure a visa on arrival for 30 days from the date of issuance and are entitled to spend up to 30 days in Qatar, during either a single trip or on multiple trips. The visa on arrival can be extended for a further 30 days in-country.

India and Pakistan

Citizens of India and Pakistan are eligible to apply for the 30-day visa waiver/visa on arrival for single or multiple-entry visits during the 30 days from the date of initial issuance. However, there are some additional rules in place.

• Travelers from India and Pakistan should have passport validity for a minimum of six months or more.
• Travelers must carry confirmed return tickets.
• Hotel quarantine booking for the number of days advised (currently one day which ends after proof of a negative test).
• Travelers must carry a valid credit card or a minimum cash amount of USD 1400 (may vary and recommended to check with the carrying airline prior to making travel plans).
• Hotel bookings for the duration of the stay must be booked in advance through the Discover Qatar website.
• Travelers from both countries should have a certificate confirming a negative PCR test completed during the 72 hours from the time of arrival.
• Travelers must be fully vaccinated with vaccines approved by the Ministry of Public Health and have completed a period of 14 days after the last dose.
• Those coming directly from Pakistan should also present a certificate of vaccination against polio.
• Passengers arriving in Qatar must download and activate the Ehteraz app upon arrival at Qatar’s entry ports.

Visa-Free Entry for GCC Nationals

GCC nationals do not need a visa to travel to Qatar. This applies to citizens of Bahrain, Kuwait, Oman, Saudi Arabia and United Arab Emirates.

For general advice and information on immigration and business travel to Qatar, please contact us.

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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