Key Changes

The main immigration law changes are:

1. Jobseeker visa

A new specific visa has been created for anyone wishing to enter Portugal to find a job.  Foreign nationals can apply for a 120-day jobseeker visa, renewable for a further 60 days.  Holders of this visa type can start working immediately as soon as they have found employment and can apply for employment-based residence status in Portugal.  Previously, job seekers coming to Portugal were required to leave the country and apply for employment-based status from abroad after finding employment.

2. Streamlined visa routes for citizens from the Community of Portuguese-Speaking Countries (CPLP)

Citizens of Angola, Brazil, East Timor, Guinea-Bissau, Mozambique and São Tomé and Príncipe can now benefit from streamlined visa issuance under the Mobility Agreement for Portuguese Speaking Countries.  Granting short-stay, temporary or residence visas for citizens under the Agreement on Mobility between CPLP member states waives a prior decision from the Portuguese Borders and Immigration Agency, SEF.

3. Operationalization of the second-generation Schengen Information System (SIS II)

The Borders and Immigration Agency is now required to input into the SIS II denials of entry and stay in Portugal when the denial is due to a concrete threat to the public order or security, or for national security reasons.  The prerogative to control exits from Portugal now includes national minors.  The scope of data to be included in the personal data records in SII/Borders and Immigration has therefore been widened, making it easier to implement refusals for travel, denial of entry and stay, or return, onto the SIS II.

4. Temporary stay and residence visa for remote workers

Foreign nationals can apply for an employment-based visa based on remote work or self-employment abroad.      Automatic assignment of provisional taxpayer, social security and healthcare numbers under the residence visa.  Applicants can obtain a temporary stay visa for stays up to one year, or residency visa for longer stays.

Other changes announced:

• When visas have been approved, an automatic notification is now being made to the Employment Services, Social Security, Tax Authority and the Health Ministry; allowing social security, tax and national health numbers to be issued more quickly.
• The process for issuance and renewal of residence documents for British nationals who benefit from the Brexit Agreement has been streamlined.
• EU Blue Cards can now be granted for two years, up from one; and renewed in three-year increments, up from two.

Newland Chase Insights

Although the law came into effect August 26, immigration officials continue to adapt to the recent amendments.  As such, there may be implementation issues during a transitional phase.  Newland Chase will continue to monitor any further updates from the Portuguese immigration authorities in relation to these changes.

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 PORTUGAL: Amendments to Immigration Law Announced Through Law on Foreign Nationals appeared first on Newland Chase.

Although there is some variation on exactly which countries are affected by the new restrictions, the most common are Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Seychelles, and Zimbabwe.

Individuals from, or with recent travel to, the affected countries currently face a variety of different restrictions including:

• Entry bans – exemptions for urgent or emergency reasons may apply
• Additional quarantine and testing measures
• Addition to high-risk country lists – for example, Red List, Countries with Area of Variant Concern, etc.
• Suspension of international flights from applicable countries
• Pause in visa and permit processing for applicants from applicable countries

Currently, most restrictions are temporary in nature and are scheduled to last into at least December; however, if concerns over the Omicron variant continue, it is anticipated that the restrictions will be extended.

Finally, it is important to note that the above restrictions may be in place for vaccinated and unvaccinated travelers alike, depending on the destination country in question.

For the most up-to-date and accurate information on what is required to enter the most frequented destinations in global travel safely and securely, please see Newland Chase’s Entry Guide. This online tool is updated daily and provides details on country-specific entry restrictions, entry and health requirements, in-country experience, transit restrictions, and re-entry requirements.

Newland Chase Insights

After several weeks of seeing many countries begin to open their borders strategically, especially for vaccinated travelers, the Omicron variant has brought back new geographic travel restrictions. Employers and travelers alike will need to keep close eye on travel requirements and restrictions in the upcoming weeks as the scientific community learns more about the Omicron variant and its possible effect on the worldwide effort to end the pandemic. As we saw with the Delta variant, it will be important to monitor both new travel restrictions on the current list of affected countries but also new countries/regions facing travel restrictions or complications as the variant spreads.

Newland Chase will continue to closely monitor the situation throughout the world. Be sure to utilize Newland Chase’s Entry Guide for country-specific travel guidance, requirements, and updates.

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.

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 New Global Travel Restrictions Introduced in Response to COVID-19 Omicron Variant Concerns appeared first on Newland Chase.

From 15 December 2021, eligible visa holders who have been fully vaccinated with a Therapeutic Goods Administration (TGA) recognized vaccine will be free to travel to and from Australia without the need to first apply for a Travel Exemption.

Requirements to be Considered Fully Vaccinated

Aligning with requirements for Australian Citizens and Permanent residents, in order to be considered fully vaccinated by Australian authorities, individuals must meet the following conditions:

• Completed a course of a Therapeutic Goods Administration (TGA) approved or recognized vaccine:
  • Two doses at least 14 days apart of:
    • AstraZeneca Vaxzevria
    • AstraZeneca Covishield
    • Pfizer/Biontech Comirnaty
    • Moderna Spikevax
    • Sinovac Coronavac
    • Bharat Biotech Covaxin
    • Sinopharm BBIBP-CorV (for 18-60 year olds).
  • Or one dose of:
    • Johnson & Johnson/ Janssen-Cilag COVID Vaccine.
  • At least seven (7) days must have passed since the final dose of the applicable vaccine.
  • Mixed doses will be accepted as long as all vaccines are approved or recognized by the TGA.

Travelers must produce one of the following as proof of their vaccination status (or acceptable medical exemption):

• International COVID-19 Vaccination Certificate – for those individuals vaccinated in Australia; or
• Foreign Vaccination Certificate – for those individuals vaccinated outside of Australia; or
• Proof of Medical Exemption – for those individuals who cannot be vaccinated for medical reasons. Children under the age of 12 are deemed ‘fully vaccinated’ for travel purposes. Additional guidance on medical exemptions can be found here.

Eligible Visa Subclasses

A number of key visa types for Australian businesses are included in the list of eligible subclasses, allowing employers access to a larger pool of skilled and semi-skilled workers to meet operational needs. These include:

Employer-sponsored

• Subclass 457 and 482 – Temporary Work (Skilled) and Skills Shortage visas
• Subclass 400 – Temporary Work (Short Stay Specialist) visa
• Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
• Subclass 403 – Temporary Work (International Relations) visa (other streams, including Australian Agriculture Visa stream)
• Subclass 407 – Training visa
• Subclass 408 – Temporary Activity visa
• Subclass 988 – Maritime Crew visa

Skilled

• Subclass 476 – Skilled – Recognised Graduate visa
• Subclass 485 – Temporary Graduate visa
• Subclass 489 – Skilled – Regional (Provisional) visa
• Subclass 491 – Skilled Work Regional (Provisional) visa

Working Holiday and Student

• Subclass 417 and 462 – Working Holiday or Work and Holiday visas
• Subclass 500 – Student visa
• Subclass 580 – Student Guardian visa (closed to new applicants)
• Subclass 590 – Student Guardian visa

Other Subclasses

Family members of Australian Citizens and Permanent Residents not currently able to access exemptions have also been added:

• Subclass 300 – Prospective Marriage visa
• Subclass 461 – New Zealand Citizen Family Relationship visa
• Subclass 870 – Sponsored Parent (Temporary) visa

While a number of refugee and humanitarian visas round out the list (Subclass 200, 201, 202, 203, 204, 449, 785, and 790).

Unfortunately, the list of eligible subclasses does not include Bridging Visa holders waiting for a new eligible subclass to be granted, nor does it include New Zealand Citizens who do not otherwise meet exemption requirements.

Quarantine

Currently, quarantine-free travel only applies to those entering and traveling within New South Wales, Victoria, or the Australian Capital Territory.

Eligible visa holders wish to enter or travel to any other State or Territory must check quarantine arrangements before commencing their trip. Information from each State and Territory Government is available here.

Newland Chase Insights

The lifting of the outbound travel restrictions for fully vaccinated Australians is welcome news for multinational companies, individuals, and families alike. As the Australian vaccination rates continue to climb, Newland Chase looks forward to additional restrictions being eased and lifted in accordance with health authorities’ guidance.

As always, if you have any questions regarding this announcement and how it affects you or your business, please do not hesitate to reach out to your Newland Chase dedicated contact or submit an enquiry here.

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 AUSTRALIA: Travel Restrictions Ending for Eligible Visa Holders [Updated 30 November 2021] appeared first on Newland Chase.

Those certified to have tested positive for tuberculosis will not be able to apply for a long-term stay.

Who Is Affected?

The requirement has been extended to nationals of Nigeria, South Africa, Belarus, Mozambique, Moldova, Azerbaijan, Angola, Ethiopia, Ukraine, Zimbabwe, Kazakhstan, Congo, Kenya, Papua New Guinea, Tajikistan and Peru.

It already applied to nationals of Nepal, East Timor, Laos, Russia, Malaysia, Mongolia, Myanmar, Bangladesh, Vietnam, Sri Lanka, Uzbekistan, India, Indonesia, China, Cambodia, Kyrgyzstan, Thailand, Pakistan and Philippines.

The certificate is required for long-term visas including the E-7 for local hire; the D-7 for intra-company transfer; the D-8 for inter-company transfer; the D-9 (Treaty Trader) visa for service contracts; and the F-3 visa for dependent family members of work visa holders.

The certificate is not required for the type A visa (government official); the C-1 visa (short-term news coverage); the C-3 visa (short-term visit general); the C-4 visa (short-term employment); and children age under six and pregnant women.

Consular Applications

For long-term visa applications at a South Korean diplomatic mission, nationals of the above countries, resident in any of those countries, must submit a certificate of health including a TB test result, valid for three months, issued by a hospital designated by the relevant Korean diplomatic mission within the last three months.

If nationals of high TB-burden countries are applying from non-TB-burden countries, they need to have a TB test after arriving in South Korea and before applying for their ARC.

Post Arrival Applications

For change of status or extension of stay applications post arrival in South Korea, nationals of high TB-burden countries must submit a certificate of confirmation issued by a Korean public health centre. Applicants should check with a public health center by phone before the visit as most of the public health centers are currently fully focused on COVID-19 tests and treatments.

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

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

The post SOUTH KOREA: Tuberculosis Test for Long-Term Visa or Residence appeared first on Newland Chase.

Instead, their work visa will be extended, for up to one year at a time, for the period of their employment contract.

Please note:

• The change only affects new hires. Existing DIRE holders will continue to use their DIRE until their work visa expires.
• Dependent family members of work visa holders still need to obtain a DIRE.

Our Advice

Employers hiring foreign nationals to work in Mozambique should consult their Newland Chase immigration specialist for the latest information on the implementation of this new procedure.

For advice and information on immigration to Mozambique in general, please email us at enquiries@newlandchase.com.

This information was provided by our sister company Peregrine Immigration Management.

The post MOZAMBIQUE: Residency Document No Longer Required for Foreign Nationals Entering for Work appeared first on Newland Chase.

The post Global Immigration Update – Monday 4th December 2017 appeared first on Newland Chase.

Window Malaysia aims to process and approve eVisa applications within two working days, an improvement on the usual five to six working days required to process a consular Visa with Reference application.

However, the major work permit issuing agencies in Malaysia, the MYXpats Centre of the Expatriates Services Division (ESD), and the Malaysia Digital Economy Corporation (MDEC), are as yet unable to confirm whether they recognize the new eVisa as part of their process flow.

Who Qualifies?

As we reported in June 2017, the eVisa program was launched earlier this year for tourist and business travel, initially for nationals of China, India, Sri Lanka, Nepal, Myanmar, Bangladesh, Pakistan, Bhutan, Serbia and Montenegro. The Malaysian authorities plan to extend this to further nationalities in the coming months..

What is the eVisa for Expatriate?

• The new eVisa for Expatriate (or eVDR) is an online version of the Visa with Reference (VDR), which is required, in many cases, for entering Malaysia for work.
• Online applications must be supported by a Visa Approval Letter issued by the Malaysian immigration department, giving permission to work with an Employment Pass or Professional Visit Pass.
• Once the eVisa is approved, the applicant and their employer will receive an email notification and the applicant will be required to print the eVISA.
• The eVISA must be presented, along with the Visa Approval Letter, upon arrival in Malaysia.
• The eVisa is valid for entry within three months of issuance, and for a stay of up to 30 days, within which time the holder must have their pre-approved Employment Pass endorsed in their passport.

What is the Visa with Reference?

The Visa with Reference (VDR) is an entry visa which requires pre-approval from the immigration authorities allowing the applicant to work in Malaysia.

• Certain nationals with pre-approval for Employment Pass I (EPI – up to five years, salary of at least RM 10,000 per month) or Employment Pass II (EPII – up to two years, salary of at least RM 5000 per month) can enter Malaysia without a visa, with only their Visa Approval Letter.
• Other nationals require either a consular entry visa, or a VDR.
• Those who obtain a VDR in advance of travel avoid paying a “Journey Performed” fee of RM500 per person payable on endorsement of the EPI or EPII in their passport post arrival.
• Most applicants for Employment Pass III (EPIII – up to 12 months, salary of at least RM 3000 per month) or Professional Visit Pass (PVP – assignees remaining on home contract for assignment of up to 12 months) do not have the Journey Performed option, and must obtain a VDR in advance of travel.
• Nationals of most Commonwealth countries (except Bangladesh, Cameroon, Ghana, India, Malaysia, Mozambique, Nigeria, Pakistan, Rwanda and Sri Lanka), who have pre-approval for any Employment Pass or Professional Visit Pass, do not need to obtain a VDR, nor pay a Journey Performed fee, to enter Malaysia. They need only present their Visa Approval Letter on arrival.

Our advice

Companies hiring foreign nationals in Malaysia should check with their Newland Chase immigration specialist and the local consulate whether the assignee should enter with an eVisa for Expatriate, a consular VDR, a consular entry visa or a visa waiver.

For advice and information on Malaysian immigration in general, please email us at enquiries@newlandchase.com.

This information was provided by our sister company, Peregrine Immigration Management.

The post MALAYSIA: eVisa Program Expanded to Include Work Visas appeared first on Newland Chase.

The post Global Immigration Update – Monday 24th April 2017 appeared first on Newland Chase.

Employers must complete the Mozambican Company Employees List (or Relação Nominal) each year which must list all individuals, including both local hires and foreign nationals, employed as of 31^st March of that year. The list must be submitted to the Ministry of Labor between 1^st and 30^th April inclusive.

Failure to submit the list within the required timeframe will result in the company being deemed non-compliant. This could have an impact on business as any non-compliant company will be unable to apply for new long-term work permits or renewals until the matter has been rectified as per the instructions of the Ministry of Labor.

Our advice

All Mozambican companies should submit their Mozambican Company Employees List to the Ministry of Labor no later than Sunday 30^th April 2017 in order to avoid penalties.

For further information on Mozambican immigration, please email us at enquiries@newlandchase.com.

The post MOZAMBIQUE: Deadline to Submit Annual Employees List Imminent appeared first on Newland Chase.

Europe

European Union

In 2016, two EU Directives pertaining to immigration were due to be transposed into national legislation by the Member States. New Document Regulations & Visa Waiver Agreements were also implemented.

The Enforcement Directive on the Posting of Workers

Directive 2014/67/EU (the so-called Enforcement Directive) was approved in 2014 with the aim of strengthening the practical application of the 1996 Posting of Workers Directive, by addressing issues related to fraud, the circumvention of rules, and the exchange of information between the Member States.

The Enforcement Directive was due to be implemented into the national legislation of the Member States by 18th June 2016, but at the time of writing only half of the 28 Member States had fully or partially implemented its provisions.

In 2016, Newland Chase published alerts about the implementation of 2014/67/EU in Poland, Ireland, Italy and Finland.

The EU ICT Directive

Directive 2014/66/EC of 15th May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aimed to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to the EU Member States. The United Kingdom, Ireland and Denmark opted out of the directive.

The deadline for the EU Member States to transpose this directive into their national legislation was 29th November 2016. However, as of the time of writing, only six Member States have implemented the directive.

In 2016, Newland Chase published alerts about the implementation of 2014/66/EU in the Netherlands, Bulgaria, and France.

Schengen Zone

In light of the migrant crisis, tighter border controls were implemented between Schengen states. Travellers within the Schengen zone were advised that they may face delays at border crossings due to passport control and should, therefore, ensure that they carry all required documentation such as passport, Schengen visa or residence permit if applicable whenever travelling between Schengen countries. We covered this in January and announced the New Schengen Borders Code in April.

UK

In January, we provided a Summary of Tier 2 MAC Recommendations.

In June, following the referendum that saw the majority of the British public vote to leave the EU, we explained how this could affect UK Nationals Living in the EU and EU Nationals Residing in the UK.

In July, the Home Office announced Significant Changes to the Immigration Act 1971, which introduces a new illegal working offence for migrants and an amended illegal employment offence for employers.

In November, the Home Office published a Statement of Changes to the Immigration Rules.

In December, we reported on a Potential Deal for EU Expats to Continue Living in the UK.

France

The French government published the first Decree that will implement the Law on Foreign Workers of 7^th March 2016. The Decree came into effect on 1^st November 2016 and applies mainly to two immigration categories and one work permit exemption.

Israel

In August, Israel”s Prime Minister appointed a special commission, consisting of high-ranking officials from the Ministry of the Economy and Industry and the Ministry of the Interior, which will be tasked with attracting foreign technology specialists to Israel.

Russia

Since 19th February 2016, foreign nationals applying for an initial or renewal Highly Qualified Specialist (HQS) work permit to Russia must hold a passport valid for one year, rather than the three years validity currently required.

Switzerland

On 16th December 2016, a new immigration Law was passed with the aim of preventing a deeper dispute with the European Union and to avoid endangering Switzerland”s access to the single market.

Middle East

Bahrain

Bahrain”s Labour Market Regulatory Authority (LMRA) announced that a new flexible work permit will be introduced and will be available exclusively to workers who have overstayed their visa due to being exploited by their employers. 

Qatar

At the end of the year, Qatar formally announced the end of its labour sponsorship system that requires foreign workers to seek their employer’s permission to change jobs or leave the country.

Saudi Arabia

Saudi Arabia announced the implementation of “Weighted Nitaqat” as an enhanced version of their Nitaqat program. The Saudi Arabian Ministry of Labour (MOL) also introduced a local labour market test, and dramatically increased the fees for several visa types, in an effort to improve the country”s “Saudization” policy.

Turkey

In September, Turkey made several amendments to the to the 2014 Law on International Protection (Residence Permit Law) via the Law on International Workforce.

UAE

On 12th May 2016, the General Directorate of Residency and Foreign Affairs (GDRFA) passed the rule that Dubai will no longer allow visa holders to transfer any employment or dependant visas which have been issued in other emirates.

Africa

Ghana

The Ghanaian Registrar of Companies announced that from August 2016, any local company that fails to file their Annual Return or renew their company registration will be liable for monetary penalties of 300 Ghanaian New Cedi (approximately $76 USD) per day.

Mozambique

Upcoming Reform for Long and Short Term Work Permit Regulations were announced, although we have yet to receive confirmation of any implementation of the changes.

Nigeria

In September 2016, the Federal Ministry of Interior (“FMI”) commissioned 28 new Combined Expatriate Residence Permit and Alien Card (CERPAC) production centres across Nigeria, increasing the total number of centres country-wide to 36.

Earlier in October, the new term of the temporary Nigerian visa – for temporary tourists, business and general visitors, was been updated to just 56 days, with various penalties for overstaying.

South Africa

Since October 2016, hard copy South African Police Clearance Certificates were no longer required for in-country applications.

Earlier in the year, the Minister of the Department of Home Affairs in South Africa announced that business travellers from 3 of the other 4 BRICS countries – Russia, India and China – are eligible to be issued long-term multiple-entry visas (for up to 10 years).

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