Peregrine News February 2016

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32

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

Immigo We’re excited to announce a major new upgrade to the fees and invoicing functionality in Immigo. We’re going to be hosting a training webinar for this new feature on Thursday 10 March at 13.30GMT. If you’d like to join, please email mailto:[email protected]. The upgrade consists of five major new features:

• Request and track advance payments or deposits for work you do; • Generate and store credit notes; • Store invoices within Immigo; • Customise your invoice template; • Data feed into your accounting software.

We are also pleased to announce the launch of our Immigo How-To Videos. Every day in the month of March, we’ll be posting a short (less than 2 minutes) how-to video on our blog showing you how to use your Immigo account in the most efficient way possible. More Events

Join us for a webinar on Tuesday 8 March 2016 at 1.30PM GMT (UK time). The webinar topic is “Oil and Gas and Immigration in Africa” and is free to attend for Peregrine’s Immiguru clients and partners. Places are limited and will be allocated on a first-come-first-served basis, so please contact us to book your spot now.

The Peregrine team will be out in force at the EuRA conference in Malta this April, hosting EuRA’s first ever Immigration Symposium on Tuesday 19 April.

PEREGRINE NEWS

February 2016

mailto:[email protected]

http://blog.peregrine.im/2016/02/29/immigo-how-to-videos-leap-into-immigo-this-march/

https://vimeo.com/channels/immigo

http://blog.peregrine.im/category/immigo-help/

https://peregrineimmigration.co.uk/newsletter/RBr0Y9f2144


http://blog.peregrine.im/2015/12/02/peregrine-immigration-symposium-at-the-eura-conference-19-april-2016-malta/




Table of Contents

RUSSIA – RECENT IMMIGRATION DEVELOPMENTS 3

RUSSIA – PASSPORT VALIDITY REQUIREMENT EASED FOR HIGHLY QUALIFIED SPECIALISTS 4

ITALY – NEW QUOTA DECREE PUBLISHED 4

IRELAND – RECENT IMMIGRATION DEVELOPMENTS 5

AZERBAIJAN – NEW VISA-ON-ARRIVAL OPTION FOR US NATIONALS 6

VIETNAM – NEW DECREE BRINGS CHANGES TO WORK PERMIT RULES FROM APRIL 2016 7

INDONESIA – NEW ONLINE APPLICATION REQUIRED FOR STAY PERMITS 9

COLOMBIA – NEW ENTRY AND STAY PERMIT FOR SCHENGEN NATIONALS 9

MOROCCO, BRAZIL, CHILE – LEGALISATION OF DOCUMENTS WAIVED UNDER APOSTILLE CONVENTION 10

UNITED STATES – LIBYA, SOMALIA AND YEMEN ADDED TO COUNTRIES OF CONCERN LIST FOR VISA WAIVER

PROGRAM 11

AUSTRALIA – NEW PERMANENT RESIDENCE ROUTE FOR NEW ZEALAND NATIONALS 12

UNITED KINGDOM – IMMIGRATION HEALTH SURCHARGE TO BE EXTENDED TO AUSTRALIANS AND NEW

ZEALANDERS 13

MORE FROM PEREGRINE 14




RUSSIA – Recent Immigration Developments

The Bank of Russia has defined minimum

requirements for medical insurance for

foreign national employees which will take

effect on 1 May 2016.

In addition, effective 1 January 2016, work

permit holders applying to amend their work

permits more than seven days after a change

to their passport details must pay a fine of

between 4000 and 5000RUB.

Medical Insurance Requirements In accordance with Federal Law 115 (“On the

legal status of foreign citizens in Russia”),

foreign nationals working in Russia are

required to have medical insurance which

ensures that they can receive first aid and

urgent medical care while in Russia.

On 31 January 2016, Bank of Russia

regulations regarding this issue entered into

force. In accordance with these requirements,

medical insurance certificates held by foreign

citizens should include specific information

about:

The insurer (employer);

The insured person;

The insurance company;

The validity term and territory of

the certificate.

Insurance companies are required to amend

their documentation in accordance with the

above requirements within 120 days of the 31

January 2016, when the Bank of Russia

regulations entered into force. This means

that starting 1 May 2016 Federal Migration

Service offices will require medical insurance

certificates to match the above requirements.

Fines Effective 1 January 2016, a foreign national

work permit holders whose passport details

change must now apply to have their work

permit amended within seven business days

of the passport change or face a fine of

between 4000 RUB and 5000 RUB.

Reminders Please note that:

Highly Qualified Specialist (HQS)

work permit holders must be paid

at least 167,000 RUB gross per

month; HQS work permit holders

who take leave must be paid at

least 501,000 RUB gross per

quarter.

Passport validity for HQS work

permit applicants should be at

least three years from the date

the work permit application is

submitted.

Passport validity for standard

work permit applicants should be

at least one year from the date

the work permit application is

submitted.

Passport validity for work visa

invitation letter applicants should

be at least eighteen months from

the date of requested entry to

Russia.

Action Items

Employers in Russia must ensure

that the medical insurance

certificates of their foreign

national employees meet the

newly defined requirements in

the Bank of Russia regulations by

1 May 2016;




Work permit holders whose

passport details change should

now apply to amend their work

permits within seven working

days to avoid a fine;

Ensure all foreign nationals

applying for work permits and

work visas have enough passport

validity and that salaries meet the

minimum required for each

category.

RUSSIA – Passport Validity Requirement Eased for Highly Qualified Specialists

Effective 19 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.

Background Compliance with the previous passport

validity requirement of three years was

difficult as, in some cases, governments do

not issue new passports unless the current

one has less than one year of validity

remaining.

Passport Validity for Work Visa

Applications HQS work permit holders applying for work

visa invitation letters for themselves or

accompanying family members should note

that the required passport validity for this

application is one year and six months (18

months).

Action Items

Ensure that the new passport

validity requirements are met by

all applicants for initial and

renewal Highly Qualified Specialist

work permits and the associated

work visa invitation letters for

themselves and their family

members.

ITALY – New Quota Decree Published

On 2 February 2016 a new quota decree was

published, retaining the same 17,850 places

for subordinate (employed) and autonomous

(self-employed) work for non-European Union

(non-EU) nationals, but increasing the quota

allocations for change-of-status categories.

Online applications (on a first-come first-

served basis) opened on 9 February 2016.

Quota Allocations As last year, 2400 places are allocated to

autonomous workers of non-EU nationality,

1000 places to foreign nationals who have

completed study or training in their own

countries, and 100 places for individuals of

Italian origin, with at least one Italian parent,

residing in Argentina, Uruguay, Venezuela and

Brazil.

This year, only 100 places are reserved for

participants in last year’s Milan Expo: Last

year 2000 places were reserved for Expo

participants.

The remaining 14,250 places (up from 12350)

are reserved for non-EU nationals converting

EC long-term residence permits, or study,

training or seasonal permits into subordinate

or autonomous work permits, as follows:

http://news2.balglobal.com/WJ01OIO0J0p1MZ000000E00




4600 places for conversion of

seasonal work permits to non-

seasonal subordinate work

permits (up from 4050);


study or training permits to

subordinate work permits (up

from 6000);


study or training permits to

autonomous work permits (up

from 1050);

1300 places for conversion of EC

long-term residence permits

issued by other EU Member

States to Italian subordinate work

permits (up from 1000);

350 quotas for conversion of EC

long-term residence permits to an

Italian autonomous work permit

(up from 250).

A further 13,000 work permits will be

available for seasonal workers. These can be

applied for from 17 February 2016.

Action Items

Employers should consider taking

advantage of the increased places

available for permit conversion

this year.

IRELAND – Recent Immigration Developments

The Department for Jobs, Enterprise and

Innovation (DJEI) has implemented a new

online status enquiry facility for checking the

status of employment permit applications.

There have also been some changes to the

highly skilled Eligible List and Ineligible List.

Finally, we have an update on the recent

processing times for employment permits and

EU treaty applications.

Online Status Update Enquiries This facility has been introduced in advance of

the introduction of an online system for

employment permit applications, expected

later in 2016.

An applicant must complete an online form

here. They will receive an automated

response, informing them of the current stage

of processing of their application and, where

possible, an indication of how much longer it

will take for a decision to be made.

Occupations Added to Eligible List The following occupations have been added

to the Highly Skilled Eligible Occupation List:

Material Scientists and Industrial

Pharmacists;

Perfusionists and Gastro Intestinal

technologists/physiologists;

International marketing experts

with required domain knowledge

specialising in product strategy

development and management

with technical and

product/service knowledge

(pharmaceutical, medical devices,

Software B2B, SaaS products);

In addition, an explicit reference to “analytical

development” has been added to the niche

areas under SOC 211 Natural and Science

Professionals.

Occupations Removed from

Ineligible List The following occupations have been

removed from the Ineligible Categories of

Employment List (ICEL):

https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/

https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Highly-Skilled-Eligible-Occupations-List/

https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Ineligible-Categories-of-Employment/

https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Ineligible-Categories-of-Employment/




Paramedics

Tourist guides with non-EEA

languages

Aircraft Maintenance and related

trades

MIG/TIG welders

Computer Numerical Control

operatives.

Prospective applicants should note that,

where an occupation which has become

eligible is subject to a Labour Market Needs

Test, this test should not be commenced prior

to the occupation’s removal from the ICEL

(e.g. in this case, 1 February 2016).

Processing Times of Employment

Permits Processing of most standard categories of

employment permit processed at the DJEI is

currently taking between six and eight weeks,

depending on the type of application.

Processing times have not improved since

before the Christmas period, and are not

likely to improve in the near future due to the

upcoming St. Patrick’s Day and Easter

holidays.

For a full list of processing dates please see

here.

Processing Times of EU Treaty

Applications There has also been a slowdown in the

processing of European Union (EU) treaty

applications for dependents and spouses of

EU nationals which is processed by the EU

Treaty Office, INIS.

This delay in processing affects both the

granting of temporary permission to remain,

which is taking from 12 to 15 weeks, and also

the processing of the final decision, which is

currently taking between seven and eight

months.

These delays in processing are due to the

significant increase in EU treaty applications in

recent months. Please note that Garda

National Immigration Bureau (GNIB) offices

will not grant temporary stamps to cover the

processing period if the stamp or GNIB card is

out of date.

However, non EEA nationals are allowed to

remain while waiting for a final decision. As a

result, it is advisable for non-EEA nationals

whose temporary GNIB cards have expired, or

are due to expire, to refrain from travel

outside Ireland until their permanent

permission has been granted and their

renewed GNIB cards have been issued.

Action Items

Ensure that non-EEA nationals

waiting for a decision in their EU

treaty application do not commit

to travel until permission to

remain has been granted;

Note the changes to the eligible

and ineligible occupations lists..

AZERBAIJAN – New Visa-on-Arrival Option for US Nationals

Effective immediately, US nationals travelling

on the New York – Baku direct flight with

Azerbaijan Airlines will be able to obtain a 30-

day single-entry visa upon arrival at the

Heydar Aliyev International Airport in Baku.

This option is available for US nationals

travelling for tourism, business or work (with

a work permit), who would otherwise have to

wait one to two months to obtain a visa.

https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates




Required Documents The following documents are required to

obtain a short-stay (up to 30 days) single-

entry visa upon arrival:

Valid passport;

Two passport size photos of the

applicant;

Visa fee: for US nationals - $160 US

dollars;

Completed visa application form filled

out upon arrival;

Boarding pass from the AZAL flight;

Letter of invitation (recommended):

For a business or work visit: an

invitation letter from the host

company;

For a personal visit: an invitation

letter from an Azerbaijani national or

a foreign national currently resident

in Azerbaijan along with a copy of

their Azerbaijani ID;

For a tourist visit: a copy of a hotel

reservation.

Action Items

US nationals travelling to Azerbaijan

for work, business or tourism should

consider taking advantage of this visa-

on-arrival option for earlier entry to

Azerbaijan..

VIETNAM – New Decree Brings Changes to Work Permit Rules from April 2016

A new decree, in force from 1 April 2016,

includes new rules for the issuance, renewal,

amendment and annulment of work permits.

Below we outline the key points of Decree

11/2016/ND-CP of 3 February 2016, which

replaces Decree 102/2013/ND-CP of 5

September 2013.

Work Permit Exemption for Short

Term Assignments Foreign nationals working in Vietnam for less

than 30 days and for a total cumulative period

not exceeding 90 days per year shall be

exempt from having to obtain a work permit.

Furthermore a work permit exemption

certificate is not required in this case. The

host entity in Vietnam simply needs to apply

for the appropriate visa on behalf of the

applicant. There are no additional Labour

Department requirements.

Position Approval A position approval issued by the department

of labour is no longer required in support of a

work permit application. However, local

employers are still required to report their

foreign labour demand to the provincial

people's committee. The employer is not

required to report their foreign labour

demand for short-term work permit

exemption cases.

Qualification Documents for Experts

and Specialists The new decree requires both a university

degree (or higher) in a related field and

evidence of three years’ work experience to

qualify for a work permit. Currently, only one

of these documents is required.

Work Permit Processing Time The official processing time for labour

department to issue work permits is reduced

from 10 to 7 working days.




Work Permit Renewal Work permit renewal applications will be

accepted up to 45 days prior to the current

work permit expiry date (compared to 15 days

as per current regulations). This will give more

time for companies and employees to

anticipate the renewal and ensure that all

supporting documents are still valid.

Among the documents required for renewal,

the current and valid work permit is required.

In case of loss, a certification of loss from the

local police office or from a competent foreign

authority is required. Also it is critical to

report to the local authorities immediately

upon the loss of a work permit.

Applicants for a work permit renewal will be

required to provide one of the following

document(s):

a certificate from an agency,

organization or enterprise from

overseas confirming that he/she is an

expert in a related field

a university degree (or higher) AND a

work testimonial proving a minimum

of three years’ experience in a related

field.

These new requirements will also apply to

applications for renewal by holders of work

permits issued under the current rules.

Work permit Amendment The new decree provides guidance on the

amendment of work permits in case of

a change of employer;

a change of position;

work permit expiry.

Documentary requirements for a new work

permit in such cases are reduced.

Work permit Annulment Upon request for annulment of a work permit,

as per the new decree, the labour department

will provide the company with confirmation of

the revocation of the work permit.

Health Certificate The health certificate document required for a

work permit application must have been

issued less than twelve months ago

(compared to six months ago as per current

regulations).

Non-Criminal Record Requirement The non-criminal record certifying that the

work permit applicant does not have a

criminal record, and is not subject to criminal

prosecution, will be issued by the overseas

country. However, if the applicant has been

resident in Vietnam, a local police record must

also be issued by a Vietnamese agency. The

new decree does not stipulate for how long

the applicant should have been living in

Vietnam to require a local non-criminal

record. Labour departments will likely

continue to request a local non-criminal

certificate as soon as the applicant has a

Vietnam entry stamp their passport.

Action Items

Plan to take advantage of the new

short-term work permit exemption if

possible, from April.

Check back for further details of the

new requirements once the expected

guidance circular is published.




INDONESIA – New Online Application Required for Stay Permits

Effective 1 February 2016, foreign nationals

applying in Indonesia for the KITAS temporary

stay permit or for a visit visa renewal must

first complete an online registration.

In addition, the Ministry of Manpower has

removed the previous limitations on work

permit validity for Indian, Chinese, Hong Kong

Chinese, Macanese and Taiwanese nationals.

ITAS Online for KITAS Since 1 February 2016, an applicant for a

KITAS temporary stay permit must submit an

online form here. Within seven days

(currently three days), they will receive a

confirmation by email, which must be

submitted in support of the manual KITAS

application.

ITAS Online is only required for KITAS

applications at the Immigration Offices in

West Jakarta, South Jakarta, Soekarno Hatta,

Central Jakarta, East Jakarta, North Jakarta,

Tangerine, Bogor, Depot, Karawang and

Bekasi.

This extra step does not delay the applicant

starting work in Indonesia, as this is permitted

upon arrival with a valid work permit.

ITK Online for Visit Visa Renewal An applicant for a visit visa renewal (single

business visa or visa on arrival) who has

visited more than one province of Indonesia

must submit an online form called ITK Online.

ITK Online is applicable to all Immigration

Offices in Indonesia.

Work Permit Validity Restrictions

Lifted The Ministry of Manpower (MOM) has

removed the previous work permit duration

limit of six months for Indian, Chinese, Hong

Kong Chinese, Macanese and Taiwanese

nationals. Now these nationalities can obtain

a twelve-month work permit provided they

meet the standard criteria.

Action Items

Foreign national work permit holders

must remember to submit an ITAS

Online application upon arrival in

Indonesia as part of the KITAS

temporary stay permit application

process;

Employers should note the lifting of

work permit duration restrictions on

nationals of China, Hong Kong,

Macao, Taiwan and India.

COLOMBIA – New Entry and Stay Permit for Schengen Nationals

On 24 November 2015, Colombia introduced

a new category of Entry and Stay Permit

called PIP-10 for Schengen Area member

states.

Nationals of Schengen Area countries were

already allowed to enter Colombia visa-free.

On 3 December 2015 the European Union

(EU) signed a short-stay visa-waiver

agreement with Colombia on behalf of its

Schengen Area Member States, allowing

Colombians to enter any Schengen Area

country visa-free.

http://izintinggal.imigrasi.go.id/IT-online/pelaporan_vitas.xhtml

http://izintinggal.imigrasi.go.id/IT-online/permohonan.xhtml




What is the Schengen Area? The Schengen Area consists of 22 EU Member

States and four non-EU Member States:

Iceland, Liechtenstein, Norway and

Switzerland.

The visa policy of the Schengen Area

determines which nationalities require visas

to enter the zone, and which are visa exempt.

Currently 54 nationalities qualify for the visa

waiver, and the EU intends to sign reciprocal

visa waiver agreements with Peru, Georgia,

Ukraine and several more countries in 2016.

The non-EU Schengen countries are expected

to sign separate equivalent visa waiver

agreements in each case. Bulgaria, Croatia,

Cyprus and Romania are not yet part of the

Schengen Area, but nonetheless have a visa

policy that is based on the Schengen area.

The visa waiver agreements do not apply to

the United Kingdom and Ireland which have

opted out of the Schengen area.

What is the PIP-10? The PIP-10 is a new category of Colombian

Entry and Stay Permit which allows nationals

of Schengen Area countries to stay in

Colombia for up to 90 days in a 180-day

period. Non-Schengen visa waiver nationals

are still issued a different category of PIP,

depending on the activities they intend to

carry out in Colombia (i.e. business, tourism)

PIP-10 holders are allowed to participate in

any non-remunerated activities while in

Colombia and, unlike holders of PIPs in other

categories, do not have to pay a fee for

extending their Entry and Stay Permit.

Action Items

Expect Schengen Area nationals

arriving in Colombia to be issued a

PIP-10 Entry and Stay Permit.

MOROCCO, BRAZIL, CHILE – Legalisation of Documents Waived Under Apostille Convention

Morocco, Brazil and Chile have all recently

signed the Apostille Convention, which

eliminates the need for consular legalisation

of public documents. The Apostille

Convention will enter into force for Morocco

and Brazil on 14 August 2016, and for Chile on

30 August 2016.

What is the Apostille Convention? The Apostille Convention (also known as the

Apostille Treaty, or the Hague Convention

Abolishing the requirement of Legalisation for

Foreign Public Documents) was signed on 5

October 1961. It has since been signed by 112

countries.

The Convention specifies how a public

document issued in one of the signatory

countries can be certified by a competent

authority of that country for use in any other

of the signatory countries without the need

for consular legalisation (certification by the

Foreign Ministry of the country where the

document is to be used).

Action Items

Expect faster preparation of

Moroccan, Brazilian and Chilean

documents, and documents for use in

Morocco, Brazil and Chile, once the

https://www.hcch.net/en/instruments/conventions/specialised-sections/apostille




Convention comes into force in

August.

UNITED STATES – Libya, Somalia and Yemen Added to Countries of Concern List for Visa Waiver Program

On 18 February the U.S. Department of

Homeland Security announced that it is

adding Libya, Somalia and Yemen to the list of

countries or areas of concern, limiting Visa

Waiver Program (VWP) travel for certain

individuals who have visited any of those

countries since 1 March 2011.

However, unlike the first four countries on the

list (Iran, Iraq, Sudan and Syria, since 21

January 2016), a person who is a dual citizen

of a visa waiver-eligible country and one of

the newly added countries of concern may

still travel using the VWP.

The changes come under the Visa Waiver

Program Improvement and Terrorist Travel

Prevention Act of 2015.

Who is Affected? Under the Act, nationals of VWP countries

who have traveled to or been present in

Libya, Somalia, Yemen, Iran, Iraq, Sudan, or

Syria on or after 1 March 2011 (with limited

exceptions for travel for diplomatic or military

purposes in the service of a VWP country)are

no longer eligible to travel or be admitted to

the United States under the Visa Waiver

Program (VWP).

These individuals will still be able to apply for

a visa using the regular immigration process at

U.S. embassies or consulates. For those who

need a U.S. visa for urgent business, medical,

or humanitarian travel to the United States,

U.S. embassies and consulates are ready to

process applications on an expedited basis.

Exceptions Under the new law, the Secretary of

Homeland Security may waive these

restrictions if he determines that such a

waiver is in the law enforcement or national

security interests of the United States. Such

waivers will be granted only on a case-by-case

basis.

What is the Visa Waiver Program? The Visa Waiver Program (VWP) allows

qualifying citizens of participating countries to

travel to the United States without a visa for

stays of 90 days or less. Travelers must be

eligible to use the VWP and have a valid

Electronic System for Travel Authorization

(ESTA) approval prior to travel.

The VWP was amended following the

November 2015 terrorist attacks in Paris. On

December 18, 2015, the President signed into

law the “Visa Waiver Program Improvement

and Terrorist Prevention Act of 2015” as part

of the year-end spending bill. Among other

provisions, this law amends the Immigration

and Nationality Act to provide enhanced

security measures for the VWP.

Action Items

Nationals of VWP countries who have

traveled to or been present in Libya,

Somalia, Yemen, Iran, Iraq, Sudan, or

Syria on or after 1 March 2011 should

check their eligibility for a waiver;

Current ESTA holders should check

their ESTA status prior to travel on the

U.S. Customs and Border Patrol (CBP)

website.

http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html#ESTA

http://www.cbp.gov/travel/international-visitors/esta




AUSTRALIA – New Permanent Residence Route for New Zealand Nationals

The Australian Government announced on 19

February that, as of 1 July 2017, there will be

a separate pathway for New Zealand citizens

to apply for permanent residency and then

Australian citizenship.

Who is Eligible? New Zealand Special Category Visa (SCV)

holders who arrived after 26 February 2001,

who have lived in Australia for the last five

years and were in Australia on 19 February

2016.

The SCV is a temporary visa which allows New

Zealand citizens to enter, stay, work and study

in Australia, but without the rights and

benefits of permanent residents or citizens of

Australia.

What are the Requirements?

The pathway will be made available

within the Skilled Independent

category of the General Skilled

Migration (GSM) stream of Australia's

annual Migration Programme. This

means that it will not be company

sponsored.

The New Zealand national must have

earned the minimum of the Migration

Income Threshold (TSMIT) as

evidenced by their Australian Taxation

Office Notice of Assessment

throughout their qualifying residence

period, to apply for permanent

residency and thereafter citizenship.

This amount is currently AUD53,900.

The New Zealand national must have

been resident in Australia for the five

years immediately prior to the visa

application.

The New Zealand national and their

accompanying family must all meet

the health and character tests.

The visa application charge will be

consistent with the General Skilled

Migration Programme which is

currently AUD3600 per primary

applicant with an additional AUD1800

for partners, AUD1800 per dependent

child over 18 and AUD900 per child

under 18.

Steps to Becoming an Australian

Citizen New Zealanders taking advantage of this

pathway will usually be able to apply for

citizenship after one year of permanent

residence, provided they meet the allowable

overseas absences requirement.

This requirement means that a person must

not have been absent from Australia for more

than one year in total in the four year period,

including no more than 90 days in the year

before applying.

The usual citizenship eligibility requirements

will apply, such as:

being of good character if 18 years of

age or above;

being likely to reside, or continue to

reside, or maintain a close and

continuing relationship with Australia;

passing the citizenship test if aged

between 18 and 59 years of age, or

pass a citizenship review.




Action Items

Qualifying New Zealand nationals

should consider this route to

Australian permanent residency and

possibly citizenship.

UNITED KINGDOM – Immigration Health Surcharge to be Extended to Australians and New Zealanders

The Home Office have announced that the

Immigration Health Surcharge will be

extended to Australia and New Zealand

nationals coming to the United Kingdom as

well as those already in the UK looking to

extend their stay.

The announced change is currently in draft

but is likely to be implemented from 6 April

2016 subject to parliamentary approval.

What is the Immigration Health

Surcharge? The Immigration Health Surcharge was

initially introduced in April 2015 to all non-

EEA nationals applying to come to the UK to

work, study or join family members for

‘’’more than six months’’’, but exempted

Australian and New Zealand nationals due to

reciprocal healthcare agreements with the

respective Australian and New Zealand and

the UK Government.

The surcharge is set at £200 per year, with

dependents paying the same amount as the

main applicant. Those aged between 18 and

30, applying to come to the UK on the Youth

Mobility Scheme, will benefit from a

discounted rate of £150 per person per year,

which will align the cost with the amount paid

by students.

Migrants applying for a UK visa of six months

or less are exempt from paying the surcharge.

Those applying to come to the UK on a Visitor

visa are also exempt, although non-EEA

visitors who access NHS services are charged

150% of the cost of their treatment.

This surcharge is payable at the outset of the

immigration application process. As the

surcharge is calculated on a yearly basis, if a

migrant applies for a grant of stay of three

years, they will be required to pay the charge

in full for the three year period at the point of

application for their visa. As an example, a

worker coming to UK for three years on a Tier

2 Visa would be required to pay £600 on top

of their visa application fee.

If an application is refused or rejected, the

applicant will be automatically refunded the

surcharge (but not the visa application fee).

New Zealand Prime Minister John Key has

reportedly suggested that the New Zealand

Government is not at this stage planning to

introduce a reciprocal change for British

Nationals resident in New Zealand. British

nationals can still use free care in New

Zealand, an entitlement bound by the Health

Benefits Act 1982.

Action Items

If this change comes onto effect,

employers should ensure that all

nationals of New Zealand and

Australia employed to work in the UK

for six months or more pay the

immigration health surcharge before

submitting their immigration

applications.

https://www.gov.uk/healthcare-immigration-application




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Immigration Management Ltd.

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