Peregrine News December 2015

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peregrine: GLOBAL IMMIGRATION MADE SIMPLE 

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Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

We wish all our friends, clients and partners a Happy New Year!

Last month we added three new immigration processes to Immiguru: 

  Indonesia – Temporary Work Permit (1 to 6 Months);

  Indonesia – Urgent or Temporary Work Permit (Up To 1 Month);

  Norway – Temporary Assignments (Under 90 Days).

Immiguru now contains over 1200 immigration processes to more than 90 destination

countries, which our 200+ partners help us to keep up-to-date to reflect changes to rules

and procedures around the world.

Table of Contents

CANADA  – NEW EMPLOYER PORTAL FOR INTERNATIONAL MOBILITY PROGRAM  2 

SPAIN  – RESIDENCE RIGHTS EXTENDED FOR DEPENDENTS OF EU NATIONALS  2 

ISRAEL  – NEW REGULATIONS FOR FOREIGN EXPERTS  3 

AUSTRALIA  –

 LABOUR MARKET TEST EXEMPTIONS FOR CHINESE NATIONALS  5 

MORE FROM PEREGRINE 5 

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PEREGRINE NEWS 

December 2015

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CANADA – New Employer

Portal for International

Mobility Program

From 21 November 2015, all employers

submitting offers of employment for the

International Mobility Program (IMP) must do

so via the new Employer Portal. Submissions

via the Employer Portal were compulsory

from 26 October 2015 for all employers under

the IMP other than those exempt from the

employer compliance fee.

What is the new procedure?

An employer wishing to submit an offer of

employment must now first register with the

employer portal. A representative may be

added by the company as a secondary user,

and can then submit offers of employment on

the employer’s behalf. The employer

compliance fee (currently $CAN 230) must

also be paid via the Employer Portal.

Previously, the fee was paid online and then

an online form completed (including the fee

receipt number) and submitted by email. A

representative submitting the form on behalf

of the employer had to submit a scanned Use

of Representative form.

On successful submission of the offer of

employment via the Employer Portal, an offer

of employment ID number is assigned to the

information submitted. The employer should

provide this offer of employment ID number

to the foreign national for inclusion in their

work permit application form.

What is the International Mobility

Program?

The International Mobility Program (IMP)

allows employers to hire or bring in foreign

workers without the need of a Labour Market

Impact Assessment (LMIA).

Exemptions from the LMIA process are

available for people authorised to work in

Canada temporarily due to free trade

agreements, such as NAFTA, intra-company

transferees, International Experience Canada

participants, spouses of highly-skilled foreign

workers and some other categories.

 Action Items

  Employers hiring LMIA-exempt

foreign nationals should ensure that

they register with the Employer

Portal, and then use the portal to pay

the compliance fee and submit the

offer of employment.

SPAIN – Residence Rights

Extended for Dependents

of EU Nationals

Effective 9 December 2015, a new regulation

(Real Decreto 987/2015 of 30 October 2015)

extends the definition of dependents of

European Union (EU) nationals who qualify for

an EU residence card in Spain, to include non-

U national common-law partners in a steady

relationship, as well as any financially or

physically dependent family members.

Who is Affected?

  The non-EU national common-law

partner of an EU national will now

qualify for a five-year EU family

residence card if they can show

evidence of a “steady relationship”.

This should include evidence either of

continuous cohabitation of at least

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one year, or of children they have had

together.

  Other non-EU national family

members will now also qualify if they

can prove financial dependence on

the principal applicant, or are

physically dependent on the principal

on health or disability grounds.

  Previously in Spain, these non-EU

national family members of EU

nationals were only granted one-year

(renewable) Spanish residence cards,

according to the general regulations

for non-EU nationals.

 Action Items

  EU nationals can now plan to bring

their non-EU national common-law

partners, and financially or physically

dependent family members, to Spain

for longer periods.

ISRAEL – New Regulations

for Foreign Experts

Effective immediately, new regulations for the

employment of foreign nationals have been

announced. The new regulations significantly

tighten the qualifying criteria for work visas,

especially for professionals who do not

require an academic qualification.

However only a first edition of the regulations

has been published, so further amendments

and clarifications are to be expected.

What has Changed?

1. The new regulation ‘’’distinguishes

between expert professions that require

academic qualifications, and those that do

not’’’. For both categories there is arequirement to pay double the average salary.

However, the new regulations determine the

following for professionals who do ‘’’not’’’

require an academic education:

  The employer must pay the salary to

an Israeli Bank in the name of the

employee;

  The employer must provide a contract

issued by an Israeli lawyer confirming

that the employee's contract of

employment in the home country

complies with Israeli labor law, and

with he employer's obligations under

the regulations;  Upon extension of the permit in this

sub category, copies of wire transfers

to the Israeli bank account of the

employee must be provided by the

employer, as well as bank

confirmation that no-one except the

employee can transfer or withdraw

sums from the account.

  Where the employment is beyond

three months, only professionals who

require academic qualifications can be

accompanied by family members with

dependent immigration status.

  For professionals who do not require

academic qualifications, the decision

to allow dependents to accompany

the employee is discretionary. For

duration of stay below three months,

dependents will not be allowed to

stay in Israel.

2. The Ministry of Interior may require a salary

higher than double the average salary, for

professions in which the average salary is

higher than double the general average

salary.

3. Application for a work permit extension

should be submitted at least 60 days before

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the expiration of the current employee's work

visa.

4. Extraordinary well-justified applications for

work beyond five years and three months

from the first day of employment in Israel

must be submitted at least six months prior to

the start date of the assignment or expiration

of the current visa. Otherwise the employee,

if already working in Israel, will need to depart

from Israel upon expiration of the current

visa, and return only after approval of the

extension.

5. The foreign expert will have to depart from

Israel no later than 30 days after the

termination of employment (if applicable) and

provided their work visa is still valid.

6. The regulation sets a time frame for the

process: the application will be initially

checked within 21 days to verify that all

documents are provided, and a decision will

be made within an additional 30 days.

7. Any significant change in the work of an

employee should be reported to the Ministry

of Interior within seven work days. The

regulations do not specify what amounts to a

significant change, but it will certainly include,

inter alia, changes of salary (decrease or

increase), work location, job description or

management structure, as well as resignation,

layoff or early completion of the assignment.

8. Passports of employees and dependents

must be valid for at least one year and three

months from the beginning of the process.

Previously, the regulation required two years

and three months validity.

9. The Ministry of Interior is now instructed to

check the visa applicant’s entries and

departures from Israel, especially in the 12

months prior to the submission of theapplication.

The aim of this measure is to eliminate the

issuance of visas to those who stayed and

worked in Israel prior to the visa process. It is

therefore recommended that visits to Israel

prior to the work visa process will be limited

to those employees expected to work.

10. Applications sponsored by a foreign

company must provide a notarised Power of

Attorney that has been certified by the Israeli

Consulate abroad, authorising the Israeli

representative (lawyer) to act on the

company's behalf for the submission of the

work permit and visa.

11. The regulation sets out the committee

structure and personnel, and holds that

decisions can be made by email or telephone,

apart from normal committee meetings. The

committee has the discretion to forward the

application to other government Ministries or

bodies, to obtain their opinion on a specific

application.

12. Upon visa processing at the Consulate, the

applicant will have to provide a Police

Clearance issued in the last 12 months, as well

as medical clearance conducted at a local

clinic or hospital accredited by the relevant

Israeli Consulate. The Consulate is authorised

to ask for any additional documents as they

see fit.

13. Entry into Israel following consular

processing will have to be done through Ben-

Gurion Airport.

 Action Items

  Ensure that new and extension work

visa applications adhere to the new

regulations;

  Be prepared for further amendments

to and clarifications of the new

regulations in the coming weeks.

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Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

AUSTRALIA – Labour

Market Test Exemptions for

Chinese Nationals

Certain Chinese nationals applying for work

visas to Australia will no longer require Labour

Market Testing (LMT) under the terms of the

China Australia Free Trade Agreement

(ChAFTA), which is due to come into effect on

20 December 2015.

Exemptions from Labour Market

Testing under ChAFTA

A new Ministerial Determination has been

made to honour Australia’s commitments

under the China-Australia Free Trade

Agreement (ChAFTA).

The Determination specifies that Labour

Market Testing is inconsistent with the terms

of the ChAFTA and will therefore not need to

be conducted for the following individuals:

  Executives, Senior managers and

Managers as ‘’’Intra-Corporate’’’

transferees;

  Specialists as ‘’’Intra-Corporate’’’

transferees;

  Independent Executives;

  Contractual Service Suppliers.

Labour market testing is not required where itwould be inconsistent with Australia’s

international trade obligations (see here. 

Nationals of China, Japan or Thailand, and

nationals and permanent residents of Chile,

Korea or New Zealand, among others, are

thereby exempt.

Labour Market Testing

457 Visa

Standard business sponsors for a Temporary

Work (Skilled) visa (subclass 457) are required

to provide information with their nomination

about their attempts to recruit Australian

workers during the last twelve months.

Labour Market Testing for the 457 visa is

normally required for nurses and engineers,

trade and technical occupations (see the list

of non-exempt occupations here. 

400 Visa

For Temporary Work (Short Stay Activity) visa

(subclass 400) applications, a letter of job

offer or contract must be submitted, which

states that the applicant has knowledge

and/or experience which cannot be

reasonably found in the Australian labour

market.

 Action Items

  Check whether Chinese national

applicants for Australian work visas

qualify for a labour market testing

exemption under the new China

Australia Free Trade Agreement.

MORE FROM PEREGRINE

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DISCLAIMER: The information contained in this immigration newsletter has been

abridged from laws, court decisions, and administrative rulings and should not be

construed or relied upon as legal advice. If you have specific questions regarding the

applicability of this information, please contact Peregrine © 2015 Peregrine

Immigration Management Ltd.