peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

This month we have added eight new immigration processes to Immiguru, including one

new destination country - Bangladesh.

We have also introduced advanced document management and advanced notifications to

Immigo, our global immigration case management cloud software.

We hope you are able to join us for a webinar on Wednesday 25 March 2015 at 3pm (UK

time) to look at Short Term Assignments to Latin America.

Table of Contents

UNITED KINGDOM - BIOMETRIC RESIDENCE PERMITS FOR FIRST TIME APPLICANTS 2

SWITZERLAND – QUOTAS FOR EU/EFTA L PERMITS EXHAUSTED FOR FIRST QUARTER OF 2015 3

EGYPT – UPDATE: NEW WORK PERMIT APPLICATION REQUIREMENT TESTS LABOUR MARKET 3

MALAYSIA – UPDATED SALARY RULES FOR MDEC MSC EMPLOYMENT PASS; AND ENFORCEMENT OF TRANSFER OF

PASS TO NEW PASSPORT 4

BRAZIL – PROOF OF EXPERIENCE DOCUMENTARY REQUIREMENTS EASED 6

PHILIPPINES – REQUIREMENTS EASED FOR PROMOTED 9(G) VISA HOLDERS 6

ROMANIA – 2015 QUOTAS ANNOUNCED 7

DENMARK – NEW FAST-TRACK WORK PERMIT SCHEME AND OTHER CHANGES 8

HONG KONG – UPCOMING “ENHANCEMENT MEASURES” TO INCLUDE EXTENDED DURATION OF STAY FOR

EMPLOYMENT PERMITS, AND EXTRA BENEFITS FOR TOP TIER ENTRANTS 9

UKRAINE – SIGNIFICANT CHANGES TO WORK PERMIT PROCEDURE 10

MORE FROM PEREGRINE 11

PEREGRINE NEWS

February 2015

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

UNITED KINGDOM - Biometric Residence Permits for First Time Applicants

New regulations will require non-EEA

nationals seeking permission to come to the

UK from overseas for more than six months to

have a Biometric Residence Permit (BRP).

Currently non-EEA nationals are only required

to apply for a BRP when granted permission

to extend their stay in the UK for more than

six months. From March, the government is

extending this requirement to applicants from

outside the UK as part of the visa application

process.

What's Changed About Application

Procedures? Instead of having a visa vignette, or sticker,

affixed to a passport or travel document,

migrants will be issued with a short validity

"travel" vignette, allowing them to come to

the UK and collect their BRP within ten days of

arrival.

The change does mean that applicants will

need to be sure to enter the UK in good time,

within the validity of the initial "vignette", and

allow time to collect the BRP post arrival.

The visa application fee is not being increased

as a result of the introduction of overseas

BRPs.

When Will This Happen? The initiative will be rolled out in phases,

country by country, over a four month period

expected to start in March 2015.

What Is a Biometric Residence

Permit? The Biometric Residence Permit (BRP) is a

secure document containing biometric data

(fingerprints and a photograph). Biometric

residence permits in the EU have been

introduced as the result of European Union

(EU) regulation 380/2008. The BRP allows the

holder to easily demonstrate their

entitlement to work in the UK, and as such, is

one of the principal documents that

employers can accept when undertaking ‘right

to work’ checks.

Change to Right to Work Check

Process With the introduction of the overseas BRP,

employers will be able to either:

conduct the right to work check using

the BRP before employment

commences, resulting in one check.

The next check will be due when the

employee’s permission to be in the

UK and work expires.

allow employment to commence

before the employee is able to collect

their BRP, resulting in two checks.

Employers must be aware that they

will need to conduct an initial right to

work check on the basis of the short

validity “travel” vignette, and once

that vignette has expired, a further

check on the basis of the BRP. The

next check will take place when the

permission to be in the UK and work

expires.

Action Items

Note that applicants must bear in

mind the short validity of the vignette

and the need to collect the final BRP

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

post arrival when making their travel

plans to the UK

Employers should note that right to

work checks should be done on the

final BRP (i.e. not only on the

vignette), which may affect planned

employment start dates.

SWITZERLAND – Quotas for EU/EFTA L Permits Exhausted for First Quarter of 2015

The Q1 2015 quota for short term L permits

(for assignments longer than four months and

generally up to one year), for assignees from

European Union (EU)/European Free Trade

Agreement (EFTA) countries, has been filled.

Who is Affected? New, incoming EU/EFTA nationals who are

assigned to Switzerland but remain on foreign

employment contracts will not be issued short

term L permits until the second quarter of

2015.

New short term L permit quotas for EU/EFTA

nationals will be available from 1 April 2015.

Some cantons will, in the meantime, continue

to accept new applications in this category

and will keep them on hold until the second

quarter of 2015; other cantons will not. This

should be checked on a case-by-case basis.

Who is Not Affected? The quotas for long term (over one year) B

permits have not yet been filled.

Also, permits not subject to quotas, such as

the 120 day permit and the short term permit

for assignments of up to four months are not

affected.

The first quarter 2015 quotas for non-

EU/EFTA nationals have also not yet been

filled.

Background The Swiss government has reduced the work

permit quotas for the year 2015 (see our alert

of 1 December 2014). The quotas are

allocated to the cantons on a quarterly basis.

Action Items

Allow for possible delays with sending

EU/EFTA nationals to Switzerland.

Contact your supplier, or our partner

(details below), for any new EU/EFTA

national assignments to Switzerland,

as pending applications will be

treated differently depending on the

canton.

EGYPT – UPDATE: New Work Permit Application Requirement Tests Labour Market

The Ministry of Manpower and Immigration in

Egypt has advised that work permit

applications can be submitted (after some

confusion), and that there are changes to the

document requirements with the aim of

testing the local labour market.

The implementation of these changes is likely

to delay permit processing significantly.

The new requirement does not affect

applications that have already been

submitted, renewals or deregistrations.

New Document Requirement In addition to all the previously required

documents, a letter of support containing a

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

detailed job description must now also be

submitted in support of a work permit

application.

The document should be prepared by the host

company in Arabic, and must include a brief

description of the applicant’s work experience

and explanation of how this experience may

benefit the host company.

This new requirement is designed to check

that the applicant's specific experience

matches the job description, and to ensure

that qualified Egyptian nationals are not

overlooked for the job. The Egyptian

authorities have not yet clarified exactly how

the labour market testing will be carried out.

Nationals of African and Asian countries will

also have to submit an employment contract

in Arabic, legalised by the ministry of foreign

affairs of their home country and also by the

Egyptian embassy or consulate in their home

country.

Action Items

Ensure that new work permit

applications include the required job

description letter.

Plan for delays in work permit

processing as this requirement is

implemented.

MALAYSIA – Updated Salary Rules for MDeC MSC Employment Pass; and Enforcement of Transfer of Pass to New Passport

The Multimedia Development Corporation

(MDeC) has advised of some amendments to

the rules for Employment Pass (EP)

applications with monthly basic salary below

RM5000, for Multimedia Super Corridor (MSC)

status companies.

Also, the immigration authorities are

enforcing an existing rule that a holder of an

employment or other pass who has obtained

a new passport must transfer their pass to the

new passport before exiting or re-entering

Malaysia.

New Rules for MSC Company

Employment Pass Applications

Maximum Duration and Renewals

For Employment Pass (EP) applications with a

monthly basic salary below RM5000, for

Multimedia Super Corridor (MSC) status

companies, the permitted maximum duration

that can be applied for is now two years,

while the pass can only be renewed twice. The

maximum stay in these cases is therefore now

six years.

Previously, an application could be made for

an EP with a duration of up to three years,

and there was no limit on the number of

renewals. This remains true for EP

applications with a salary of more than

RM5000 per month.

Dependant Pass Application Rules Amended

In our alert of 15 January, we advised that

Employment Pass holders at MSC Status

companies with a basic monthly salary of less

than RM5000 are no longer eligible to apply

for a Dependant Pass (DP) for the family. This

restriction has now been extended to the

Social Visit Passes for children aged 18 and

above, parents, parents-in-law and common-

law spouses.

MDeC has also advised a slight relaxation on

the policy for MSC companies as follows:

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

For new applications, if the EP was

approved or endorsed before 31

December 2014, an application for

Dependant Pass (DP) or Social Visit

Pass (SVP) can still be made. An EP

application submitted and approved

after 31 December 2014 will not be

eligible to sponsor DP or SVP

applications.

For Dependant Pass and Social Visit

Pass renewals, if the DP or SVP was

approved prior to 31 December 2014,

the applicants can proceed to have

the relevant pass renewed. However,

a maximum of two renewals are now

allowed, counting from this date.

Endorsement of Existing Passes in

New Passports The Malaysian authorities have clarified an

existing rule that a holder of an existing

Employment Pass (EP), Dependant Pass (DP)

or Social Visit Pass (SVP) who obtains a new

passport must have the relevant pass

transferred to the new passport before exiting

or re-entering Malaysia.

New Passport Obtained in Malaysia Transfer of the relevant pass must be done

immediately upon obtaining the new

passport, and must be completed before any

travel to avoid difficulties at the exit/entry

points.

New Passport Obtained Outside

Malaysia

EP/DP/SVP holders who are visa-

required nationals are now required

to obtain a valid visa from their home-

country Malaysian consulate in order

to re-enter Malaysia. Upon arrival in

the country, the transfer of the

relevant pass to the new passport

must be made immediately.Previously

they could re-enter the country with

their old and new passports. The

authorities at the entry point would

normally stamp the new passport

with a “Report to Immigration HQ”

stamp, with a certain number of days

stay to complete the transfer process.

EP/DP/SVP holders who are visa

waiver nationals can still enter the

country with old and new passports

but may encounter difficulty at the

entry points. Their passport may be

stamped with a “Report to

Immigration HQ” stamp with a certain

number of days stay to complete the

transfer process.The current

processing time for the transfer of an

Employment Pass or a Dependant

Pass to a new passport is 3-5 weeks at

the Expat Services Division (ESD) in

Putrajaya and 3-5 working days at

MDeC.

Background The Multimedia Super Corridor (MSC) is a

Special Economic Zone in Malaysia designed

to promote development of the Malaysian ICT

industry. The Multimedia Development

Corporation (MDeC) administers Employment

Passes for MSC status Companies and other

ICT companies. Other Employment Passes and

expatriate services are managed by the

Expatriate Services Division (ESD), which

launched its online application services in

2014.

Action Items

Employers who wish to employ

foreign nationals for more than six

years, or with their families, should

consider increasing their salaries

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

above the RM5000 per month

threshold.

Any EP, DP or SVP holder who obtains

a new passport should initiate the

transfer of their pass to the new

passport as soon as possible, to avoid

problems exiting or re-entering

Malaysia.

BRAZIL – Proof of Experience Documentary Requirements Eased

The Ministry of Labour and Employment will now accept a wider range of documents as proof of work experience, in support of a temporary work visa. Moreover, in the case of applicants of companies linked by common ownership it will be possible to submit a letter of experience from the Brazilian host company, which does not need to be legalised abroad.

Who Benefits? This amendment will be useful to any foreign national applying for a work visa which requires proof of previous relevant work experience abroad. This includes those who enter Brazil with a temporary local employment contract with a Brazilian employer, and those providing technical assistance or technology transfer services for up to one year.

What Has Changed? According to the new Service Order (Ordem de Serviço do Conselho Nacional de Imigração nº. 01-2015) the Ministry will now accept translated and legalised employment contracts or pay slips as proof of work experience abroad. Previously, only a letter from the former employer company was deemed acceptable. For intra-company transferees within the same group of companies, the Ministry will accept a letter signed by the legal

representative of the local (Brazilian) host company attesting to the applicant’s relevant work experience abroad. As this document does not need to be translated or legalised, the document collection stage of the application should, in these cases, be quicker, and the successful applicant will be able to start work sooner.

Action Items

If you need to obtain a Brazilian work

visa which requires proof of the

applicant’s work experience, you can

benefit from the new supporting

document rules to submit applications

quicker.

PHILIPPINES – Requirements Eased for Promoted 9(g) Visa Holders

The Bureau of Immigration (BI) has exempted 9(g) Commercial Visa holders promoted to a higher position in the same company from the previous requirement of downgrading their 9(g) visas to 9(a) visitor visas and then applying again to convert these back into 9(g) visas. The change has been made with the aim of avoiding unnecessary inconvenience and expense.

Further Details Board Resolution No. EED-15-01 (approved on 29 January 2015) sets out the following requirements to qualify for the exemption:

Promoted 9(g) visa holders must

apply for a new Alien Employment

Permit (AEP) corresponding to the

new position;

They must apply for extension of their

9(g) visas coterminous with their new

AEPs; and

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

They must provide the Bureau of

Immigration with a certified true copy

of their new AEPs.

What is the 9(g) Visa? The 9(g) Commercial Visa is the work visa applicable to companies which are not registered with the Board of Investment (BOI) or Philippines Economic Zone (PEZA) to fill executive, technical, managerial or highly confidential positions for at least one year. The 9(g) visa may be issued for more than one year up to three years at a time, not to exceed the period granted under the Alien Employment Permit issued by the Department of Labour and Employment.

Action Items

On the promotion of any 9(g) visa

holder within the same company,

ensure that they meet the criteria

listed above to avoid the long,

inconvenient and expensive process

of applying for another 9(g) visa.

ROMANIA – 2015 Quotas Announced

Romania’s work permit quotas for 2015 have been published in the Official Gazette (art I no. 87/02.02.2015), according to Government Decision (H.G) no. 52/28.01.2015.

More About Romania’s Work Permit Quotas Romania’s work permit quotas run from 1 January every year and are decided annually by the government, based on the proposals from the Ministry of Labour. The quotas are set at national level and then subdivided into categories for local hires, assignees, highly skilled workers (Blue Cards) as well as seasonal workers, athletes, cross border workers, internships and volunteers. Once the quotas have been exhausted for a

particular category, no more work permit approvals in that category can be given till the following year - unless the Romanian government exceptionally adjusts the quotas (this last happened in 2012). The quota limits for 2014 were not reached.

Work Permit Quotas for 2015 The quota amounts for 2015 are the same as for 2014 (a total of 5500 authorisations), although allocations are different. The quotas are as follows:

work authorisations for local hires or

professional athletes: 3300

work authorisations for assignees:

900

work authorisations for highly skilled

workers (Blue Cards): 800

work authorisations for seasonal

workers: 200

work authorisations for interns: 200

work authorisations for cross border

workers: 100

The total number of authorisations is the same as in 2014 (5500) but the numbers have been allocated slightly differently: professional athletes no longer have their own special category and have been merged into the local hire category (meaning that this category has 3300 spaces, up from 3000 in 2014). Additionally, the quota for seasonal workers has been increased to 200 (up from 100) and the category listing for "nominal workers" has been removed.

Action Items Note the new work permit quotas for

2015.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

DENMARK – New Fast-Track Work Permit Scheme and Other Changes

Denmark has implemented a reform of its foreign labour regulations, including a new fast-track scheme, giving certified companies quicker and easier access to highly qualified employees from outside the European Union (EU) and the European Economic Area (EEA).

Fast-Track Scheme The new scheme, which replaces the previous Corporate Scheme, allows pre-certified companies to hire foreign nationals for up to four years. The employee can start work immediately after submitting a work permit application, without waiting for approval, with a temporary work permit. Employees may also work alternately in Denmark and abroad without their work permit lapsing. The certification process takes about 30 days, and can be initiated immediately. The first possible application date for the individual work permit is 1 April 2015.

Which Companies Qualify for Certification?

The scheme is intended for larger

companies with a real need to recruit

highly qualified foreign employees

quickly. The scheme encompasses

both private and public companies,

including universities.

It is a precondition for a residence

permit under the Fast-track scheme

that the company is certified by the

Danish Agency for Labour Market and

Recruitment.

The company must also have at least

20 full-time employees, comply with

Danish salary and employment

standards and not have any serious

issues with Danish authorities.

A company meeting the conditions will be certified for a period of four years, with the possibility to extend the certification if the conditions continue to be met.

Which Employees Qualify for the Scheme? One of the following four criteria must be met:

The foreign national is employed

according to the conditions of the Pay

Limit Scheme (minimum salary DKK

375,000 per year; or

The foreign national is employed as a

researcher; or

The purpose of the employment is a

high-level educational stay (not for

trainees); or

The employment is for a short stay of

maximum three months.

To benefit from quick job start, the candidate must arrange legal entry into Denmark themselves, and undergo various checks at the Danish Agency for Labour Marketand Recruitment.

Duration A residence permit under the Fast-

track scheme is granted for a period

of up to four years, unless the

application concerns a short stay of

up to three months. In this case a

residence permit can be granted for a

maximum of three months within one

year.

The permit for a short stay cannot be

extended and an initial application

must be submitted for each short stay

in Denmark.

A residence permit is granted in such

a way that the permit will expire 14

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

days after the end date of the

employment contract.

Other Reforms Establishment Card– a new scheme

which enables international graduates

who complete a Danish Master’s or

PhD degree to stay in Denmark with a

two-year residence permit which

allows them to work.

Greencard– the criteria for this

existing scheme have been tightened.

This points-based scheme allows high-

scoring candidates to search for jobs

in Denmark with a residence permit

that allows them to work.

Start-up Denmark – this is a new trial

scheme to help foreign entrepreneurs

with innovative business plans to start

businesses in Denmark.

Better conditions for researchers.

Action Items Qualifying companies interested in

benefiting from the Fast-track scheme

to hire highly qualified foreign

employees quickly should apply for

certification as soon as possible, to be

ready for the 1 April 2015 start date

for Fast-track work permit

applications.

HONG KONG – Upcoming “Enhancement Measures” to Include Extended Duration of Stay for Employment Permits, and Extra Benefits for Top Tier Entrants

The Immigration Department of Hong Kong

has announced a series of “enhancement measures” to be launched sometime in the second quarter of 2015, with the aim of attracting more high-quality foreign professionals and entrepreneurs to Hong Kong. Among other changes, the duration of stay arrangements will be relaxed and top tier entrants will be able to change jobs without prior approval.

Extended Duration of Stay For entrants under the General Employment Policy (GEP), the Admission scheme for Mainland Talents and Professionals (ASMTP) and the Quality Migrant Admission Scheme (QMAS, see below), the initial duration of stay upon entry and subsequent extensions of stay will be relaxed. The initial stay of successful applicants under the GEP, ASMTP or QMAS will be extended from one year to two years, or in accordance with the duration of the employment contract, whichever is shorter. The duration of extensions of stay will also be extended from two years, then two years, then three years to three years then another three years, so that a foreign national staying in Hong Kong for the maximum eight years will only need to extend their stay twice, rather than three times as previously.

Top Tier Entrants A newly-defined top tier of entrants may be granted a six-year extension of stay after their initial stay of two years. Moreover, a top tier entrant will have the right to change their job while in Hong Kong without prior permission from the Director of Immigration, and will need only to notify the immigration department of the change.

Who Qualifies as a Top Tier Entrant? A candidate for extension of stay under the GEP, ASMTP or QMAS General Points test (GPT) may qualify as a top-tier entrant if they have a provable assessable income for salaries tax of not less than HK$2 million in the previous year of assessment.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

Quality Migrant Admission Scheme (QMAS) Highly skilled or talented entrants under the General Points Test (GPT) will also qualify for the extended duration of stay rules, while high achievers under the Achievement-based Points test (APT) may be granted eight years of stay upon entry. There will also be bonus points awarded under the GPT for outstanding academic background and international work experience.

Entrepreneurs An applicant who wishes to establish or join in a start-up business will soon be able to submit an application, which may be favourably considered if the start-up business concerned is supported by a government-backed programme and the applicant is the proprietor or partner of the start-up company.

Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents (ASSG) This new pilot scheme is to be launched in the second quarter of 2015. Applicants who are the second generation of Chinese Hong Kong permanent residents from overseas, may apply for entry into Hong Kong under ASSG. There is no sector or quota restriction and no job offer is required upon entry. Key requirements include proficiency in written and spoken Chinese and good education, qualifications or work experience.

Action Items Applicants for initial stay or extension

should discuss with their immigration

provider the possibility of waiting to

apply until after the enhancement

measures have come into force in the

second quarter of 2015.

UKRAINE – Significant Changes to Work Permit Procedure

On 11 February 2015 a Resolution of the Cabinet of Ministers of Ukraine (No.42 of 28 January 2015) came into effect, amending the procedure for obtaining and extending work permits, to the benefit of those doing business in Ukraine. Under the amended regulations, the processing time for work permit applications has been reduced, work permits can be extended multiple times and closer to their expiry date and the labour market search requirement is waived for additional categories of applicants.

Time Limits

The maximum processing time for

work permit applications has been

reduced from 15 calendar days to 7

working days;

The employer has 7 business days,

rather than the previous 3 business

days, to submit a signed employment

agreement to the employment

centre;

The employer must pay the work

permit fee within 10 business days

from the applicant’s receipt of the

decision, instead of the 30 calendar

days from the date of the authority’s

decision.

Work Permit Extension A work permit can now be extended

unlimited times within the term of the

employment contract. Previously only

one extension was allowed, after

which a new work permit application

had to be submitted;

The deadline for submitting an

application for extension of a work

peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

permit has been amended from 30

calendar days to 20 calendar days

before expiration.

Labour Market Search Waiver The 15-day labour market search period, between the date of the announcement of the vacancy and the date of application for a work permit, has been waived for some information technology sector applicants, for those creating copyrighted work and for graduates from top-100 higher educational institutions.

Other Changes

Applicants must now be notified of

decisions by email as well as regular

mail;

The employment centre must return

documents to applicants if

applications are denied or rejected;

A new application form has been

introduced.

Action Items Employers should adjust their plans to

take into account reduced processing

times and unlimited extensions;

Employers must meet the new

shorter deadlines for paying the

processing fee and for submitting the

signed employment agreement.

MORE FROM PEREGRINE

Remember, all our news alerts can be found at

www.peregrine.im/news.

You can subscribe to our alerts from our

website, or follow @peregrineim on Twitter,

or our blog at blog.peregrine.im.

For more information about Immiguru,

Immigo and our other services, please visit

www.peregrine.im.

For any enquiries please contact

info@peregrine.im or +44 (0)20 7993 6860.

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 © 2014 Peregrine

Immigration Management Ltd.