Peregrine News October 2015

7/24/2019 Peregrine News October 2015

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peregrine:GLOBAL IMMIGRATION MADE SIMPLEVAT registration number: 111 7916 32

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

This month we have added 9 new immigration processes toImmiguru,including one new

destination countryZambia.

Immiguru now contains more than 1100 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.

On 20 October, we hosted a webinar on the use of technology by governments for

immigration services in the Asia-Pacific region. Seeherefor more details, slides and the

recorded webinar.

Peregrine will be exhibiting at theCIPD Annual Conference and Exhibitionat Manchester

Central Convention Complex (formerly GMEX)fromWednesday 4 to Thursday 5 November

2015. We will be at stand G14, proudly exhibiting our immigration software products.

Sophy King will be at theFEM EMEA Summit 2015on Friday 6 November at the Lancaster

London Hotel in London, and will be on a panel discussing Creating a Robust Frequent

Business Traveller and Commuter Policy.

We will also be attending, and sponsoring, theIBA Global Immigration Conferenceat the

Mandarin Oriental Hyde Park hotel in Londonfrom Wednesday 18 to Friday 20 November

2015. We are also hosting drinks at the Mandarin bar on Wednesday 18 November from

5pm to 7pm, so please come along for a chat before the IBA conference opening reception.

Table of Contents

ISRAELAPPLICATIONS FOR EXTRAORDINARY WORK PERMITS BEYOND 63MONTHS NO LONGER ACCEPTED 2

SPAIN

CITIZENSHIP FOR DESCENDANTS OF SEPHARDIC JEWS 2

NETHERLANDSMORE ENTRY VISA (MVV)EXEMPTIONS 3

SAUDIARABIANEW IDENTITY CARD FOR FOREIGN RESIDENTS 3

ISRAELSHORT EMPLOYMENT AUTHORISATION (SEA)PROGRAMME EXTENDED TO 45DAYS 4

BRAZILAND MONGOLIAMUTUAL SHORT-STAY VISA EXEMPTION IMPLEMENTED 4

INDONESIANEW RULES TO COUNTER ILLEGAL WORKING IN BALI 5

HUNGARYQUOTA INTRODUCED FOR NON-EEANATIONAL WORKERS;PLUS CHANGES TO HEADCOUNT

STATEMENT REQUIREMENT 5

CHILEVISA EXEMPTION FOR CERTAIN CHINESE NATIONALS 6

INDONESIA

AMENDMENT

CLARIFIES

RECENT

RULES ON

EMPLOYEE

RATIOS AND

BUSINESS

ACTIVITIES

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PEREGRINE NEWS

October 2015
https://peregrineimmigration.co.uk/productshttps://peregrineimmigration.co.uk/productshttps://peregrineimmigration.co.uk/productshttp://blog.peregrine.im/2015/10/20/apac-webinar-recording-and-slides-here/http://blog.peregrine.im/2015/10/20/apac-webinar-recording-and-slides-here/http://blog.peregrine.im/2015/10/20/apac-webinar-recording-and-slides-here/http://www.cipd.co.uk/events/annual/exhibitionhttp://www.cipd.co.uk/events/annual/exhibitionhttp://www.cipd.co.uk/events/annual/exhibitionhttp://emea.forum-expat-management.com/http://emea.forum-expat-management.com/http://emea.forum-expat-management.com/http://www.ibanet.org/Conferences/7th_Biennial_Global_Immigration_Conference_Our_Sponsors.aspx#Peregrinehttp://www.ibanet.org/Conferences/7th_Biennial_Global_Immigration_Conference_Our_Sponsors.aspx#Peregrinehttp://www.ibanet.org/Conferences/7th_Biennial_Global_Immigration_Conference_Our_Sponsors.aspx#Peregrinehttp://www.ibanet.org/Conferences/7th_Biennial_Global_Immigration_Conference_Our_Sponsors.aspx#Peregrinehttp://emea.forum-expat-management.com/http://www.cipd.co.uk/events/annual/exhibitionhttp://blog.peregrine.im/2015/10/20/apac-webinar-recording-and-slides-here/https://peregrineimmigration.co.uk/products


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ISRAELApplications for

Extraordinary Work

Permits Beyond 63 Months

No Longer Accepted

Israels Interior Ministry has stopped

accepting applications for working permits

beyond 63 months, under instructions from

the Ministry of Finance and the Ministry of

Economy.

This is expected to delay current pendingapplications for new and extension work

permits beyond 63 months, and halt further

applications for these extraordinary work

permits from being submitted.

Background

According to the Israeli law, an employer can

apply for a work permit and B-1 visa for a

foreign expert, for the maximum period of 63

months from the date of initial employment in

Israel.

Until recently, in exceptional cases, a special

application to extend the visa beyond 63

months could be submitted. Following legal

advice received by the Ministry of Finance and

the Ministry of Economy, the legality of the

current process is to be examined, re-verified

and then regulated accordingly.

Action Items

Expect delays in current pending

applications for new or extension

work permit applications beyond 63

months. The duration of the potential

delay is not clear at this time.

SPAINCitizenship for

Descendants of Sephardic

Jews

Effective 1 October 2015, a new law (Ley

12/2015) grants Spanish citizenship to

descendants of Sephardic Jews.

Details

Under the new law, descendants of Sephardic

Jews will be granted Spanish citizenship

without first holding a residence status in

Spain, and without renouncing their

nationality, if they meet the required criteria.

Applicants must prove their Sephardic

background and show a special link to Spain,

such as donations to a Spanish charity or

investment in Spanish property.

Applicants over the age of 18 must also pass a

test of Spanish language and knowledge of

the culture and constitution of Spain. A

criminal record certificate will also be

required from any country in which the

applicant has lived during the previous five

years, as well as the applicants birth

certificate. The citizenship application must be

submitted onlinehere before 1 October 2018

(although the deadline may be extended an

additional year).

BackgroundSpain and Portugal both expelled SephardicJews in in the fifteenth century. Earlier this

year, a similar citizenship law came into effect

in Portugal, with looser qualifying

requirements. There are an estimated 3.5

million people of Sephardic heritage around

the world, but it is expected that only a small

proportion will apply for Spanish or

Portuguese citizenship.
http://www.justicia.sefardies.notariado.org/http://www.justicia.sefardies.notariado.org/


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Action Items

Consider a Spanish or Portuguese

citizenship application for employeeswho are of Sephardic heritage.

NETHERLANDSMore

Entry Visa (MVV)

Exemptions

Effective 1 October 2015, more categories of

foreign nationals planning to reside and work

in the Netherlands for over three months are

exempt from requiring an entry visa (MVV).

Who Benefits?

The following categories no longer need to

obtain a long stay visa (MVV) for stays longer

than 90 days in six months:

Individuals with a valid residence

status in another Schengen Countryapplying in the Netherlands via a

Recognised Sponsor (Erkend

Referent), including highly skilled

migrants, scientific researchers,

labour migrants, students and foreign

nationals participating in exchange

programs;

Individuals with a valid work and

residence status in another EU

Member State providing cross-border

services in the Netherlands under the

notion of freedom to provide

services (as established under the

Van der Elst ruling);

Individuals applying for a start-up/

entrepreneurial residence permit in

the Netherlands.Foreign nationals in

one of these categories can now enter

the Netherlands on the basis of their

valid passports, foreign residence

permits and/or Schengen visas,

depending on their nationality.

What is the MVV?The MVV (Machtiging Voorlopig Verblijf or

Provisional Residence Permit) is a Dutch entry

visa for stays exceeding 90 days in six months.

Nationals of EU countries, Australia, Canada,

Japan, Monaco, New Zealand, Switzerland and

the United States do not require an MVV.

Action Items

Note that visa national assignees inone of the above categories can now

enter the Netherlands without

obtaining an MVV long stay visa..

SAUDI ARABIANew

Identity Card for Foreign

Residents

Effective 14 October 2015, Saudi Arabia has

introduced the Muqeem card, a new type of

resident identity card for foreign nationals

which replaces the previous Iqama card.

How does the Muqeem differ from

the Iqama?

The new Muqeem card is valid for five years,

so doesnt have to be replaced annually like

the Iqama. However, the information on the

Muqeem has to be confirmed online annually.

The new card will be machine readable at

checkpoints, banks, police offices and other

institutions, and it will be delivered by post

instead of collected in person.


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Action Items

Note the requirement to confirm the

information on the Muqeemresidence identity card annually.

ISRAELShort Employment

Authorisation (SEA)

Programme Extended to 45

Days

The work permit unit and the Ministry ofInterior (MOI) in Israel have announced that

the 30-day work authorisation programme

(SEA) has been replaced by a 45-day program,

effective 25 October 2015.

What has changed?

The new program allows for work activities in

Israel for up to 45 days total in a calendar

year, rather than for 30 days. A completed

affidavit form, declaring details of the short

term employment, to be signed by the Israeli

company representative and notarized, must

be submitted with the application.

What is the SEA?

Instead of the standard B1 work visa process

(a work permit application, followed by a

work visa application prior to entry) successful

applicants for an SEA permit will obtain an

expedited work permit approval allowing

them to enter Israel and work immediately,

with no further applications.

A separate application, must be submitted

prior to each entry, as well as in the case of

changing travel dates. The processing time for

SEA applications is 6-10 working days from

submission, approximately 8 weeks faster

than a standard consular B1 visa.

Once in Israel SEA holders can start work

immediately, but within two working days of

entry they should apply for a B1 work visa at

the MOI, which should be issued within two

working days. Multiple entry permits are an

available option within the permitted period.

The SEA permit applies only to visa waiver

nationals. Individuals who are required to

obtain visitor visas at the Israeli consulate

prior to entry (including Indian, Chinese and

Turkish nationals), cannot apply for work

authorisation under the SEA programme.

Action Items

Consider the SEA work authorisation

route for urgent, limited work trips to

Israel of up to 45 days in a year.

BRAZIL and MONGOLIA

Mutual Short-Stay Visa

Exemption Implemented

On 21 October 2015, the governments of

Brazil and Mongolia put into effect an

Intergovernmental Note on mutual exemption

from short-term visas, first signed in Brasilia

on 21 September 2015.

What Does This Mean?

Nationals from Mongolia holding valid travel

documents are now visa exempt to enter,

exit, transit and remain in Brazil for tourism

and business purposes for up to 90 days per

year, counting from the day of first entry. The

maximum period of 90 days may be extended

once by the authorities in Brazil for an

additional 90 days.

Brazilians can travel to Mongolia visa-free on

the same terms.


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However, Brazilians and Mongolians must

obtain the appropriate visa according to each

respective countrys lawif intending to stay

longer than 90 days or to perform any paid

activities, for research/internship/study

purposes, to perform social work, to provide

technical assistance or to engage in

missionary, artistic or religious activities.

Action Items

Note that Mongolian and Brazilian

nationals can enter each others

countries visa-free for up to 90 daysfor business or tourism, but not for

paid work.

INDONESIANew Rules to

Counter Illegal Working in

Bali

Effective 20 October 2015 until 31 December

2015, foreign nationals who have entered

Indonesia more than twice in a year, or who

have stayed in Indonesia for more than four

consecutive months, on a visa on arrival

(VOA), a tourist visa or a visa-free short visit,

are to be denied entry into Bali.

What Does This Mean?

At a meeting of government and tourism

organisations on 17 October, complaints weremade about the increase in foreign nationals

working illegally in Bali. Subsequently, the

Immigration Bureau in Jakarta issued an

instruction to the immigration authorities in

Badung District in the southern part of Bali,

tightening the rules for foreign nationals

entering Indonesia through Bali with a visa on

arrival, a tourist visa or a visa-free short visit

(nationals of 75 countries may qualify for the

latter).

Foreign nationals entering Bali from other

parts of Indonesia do not normally need to go

through immigration checks, but may still be

investigated by immigration officers under the

new stricter regime which aims to clamp

down on foreign nationals working without

the required authorisation.

Note that nationals of the following countries

can enter Indonesia visa-free for a short stay

for business purposes, and may be affected by

this new rule: Thailand, Malaysia, Singapore,

Brunei, Philippines, Chile, Morocco, Peru,

Vietnam, Ecuador, Cambodia, Laos, Myanmar,

Hong Kong and Macao. However, the change

should not affect business visa holders or

holders of temporary residence visas/permits.

Action Items

Ensure that foreign national travellers

to Bali have not already entered

Indonesia twice or more, or stayed in

Indonesia for more than four months,in the last twelve months with a visa

on arrival, a tourist visa or a visa-free

short visit.

HUNGARYQuota

Introduced for non-EEA

National Workers; Plus

Changes to HeadcountStatement Requirement

Effective now, Hungary has imposed an

annual quota for the maximum number of

non-EEA (European Economic Area) nationals

who can be granted work permits.

Additionally, foreignowned companies

applying for work permits or combined work

and residence permits, must now submit a


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statement of the number of non-EEA

nationals on their payroll or working on

assignment in the last quarter, instead of a

headcount statement for the last full calendar

year.

Quota

The quota, introduced by the Hungarian

government in August 2015, allows 59,000

work permits or combined work and

residence permits to be issued to non-EEA

nationals until the end of 2015. A new quota

will be announced each year.

Payroll Statement

In addition to a headcount statement as of

the day of application, a foreign-owned

company submitting an application for a work

permit or combined work and residence

permit must now provide a headcount

statement for the previous quarter, instead of

one for the previous calendar year.

Action Items

Ensure that the correct headcount

statement is supplied in support of an

application for a work permit

(including a short-term work permit

for under 90 days) or combined work

and residence permit;

Note the new quota and the

possibility that it may be filled before

the end of 2015.

CHILEVisa Exemption for

Certain Chinese Nationals

Chinese nationals holding Canadian or US

visas valid for a minimum of six months are

now exempt from the requirement to obtain a

consular tourist visa to enter Chile. Instead,

they can obtain a tourist visa at the port of

arrival in Chile.

Chinese nationals who do not have Canadian

or US visas can still obtain a tourist visa for

Chile from their consulate abroad, and the

normal visa fee will be waived.

What is the impact?

Visa-required nationals, such as Chinese

nationals, sent on assignment or locally hired

to work in Chile usually submit a work visa

application at a Chilean consulate abroad,

which requires the submission of legalized

documents, but allows them to start work on

entry.

Alternatively, they can obtain a tourist visa at

the consulate abroad, enter Chile and obtain a

short-term work permit for tourists in one day

which allows them to work while their post-

arrival work visa is being processed.

Chinese nationals holding Canadian or US

visas valid for a minimum of six months are

now able to enter the country more quickly,

by obtaining a tourist visa at the port of entry

instead of at a Chilean consulate, and can

then apply for the short-term work permit for

tourists and the post-arrival work visa as

usual.

Action Items

Companies considering sending

Chinese nationals to Chile for work

should check the applicants US and

Canadian visa status to ascertain

whether a consular visa application

can be avoided.


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INDONESIAAmendment

Clarifies Recent Rules on

Employee Ratios andBusiness Activities

Effective 26 October 2015, a new regulation

(35/2015) has been issued, amending the

regulation 16/2015 implemented in August

2015.

The most recent amendment eases the

required ratio of foreign to local workers,

allows business meetings without a work

permit and clarifies that foreign national

directors of Indonesian companies require

work permits but not stay permits to travel to

Indonesia for business meetings.

Ratio of Foreign to Local Employees

The previous regulation established that a

ratio of foreign national to local employees of

1:10 is required. The latest amendmentclarifies that a ratio of 1:1 is actually required.

However, if there are fewer than 10 local

employees per foreign national employee, the

Ministry of Manpower (MOM) may ask the

company to hire more locals, or issue

temporary work permits for only up to 6

months for some or all of the foreign national

employees.

In Indonesia, as elsewhere, the government

continues to try to protect jobs for local

workers, while business leaders push for less

regulation and more open immigration

policies.

Activities Requiring a Work Permit

The previous regulation expanded the

requirement to obtain an IMTA (work permit)

and KITAS (stay permit) to various activities,including business meetings held with

headquarters or representatives in Indonesia,

which until then had only required a business

visa.

The latest amendment clarifies that the

following activities do not require an IMTA

and a KITAS:

Providing guidance, counseling, and

training in the application of industrial

and technological innovation to

improve the quality and design of

industrial products;

Giving lectures;

Attending a meeting held with

headquarters or representatives in

Indonesia;

Conducting audits, production quality

control, or inspection at the

company's branch in Indonesia, for

less than one month;

A foreign worker in a trial for their

capability to work.

The following activities do require an IMTA

and a KITAS:

Production of a film with a

commercial nature;

Conducting audits, production quality

control, or inspection at the

company's branch in Indonesia, for

more than 1 month;

Work related to the installation ofmachinery, electrical, after-sales

service, or products in the exploratory

business period.

Foreign National Directors and

Commissioners

The previous regulation required foreign

national directors and commissioners of

Indonesian companies to obtain a workpermit for visits to Indonesia.


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The latest amendment confirms this, and

clarifies that foreign nationals in this category

do not require a stay permit (KITAS). They can

travel to Indonesia with a visa on arrival (VOA)

or a business visa, or visa-free depending on

nationality.

Action Items

Be aware of the continuing possibility

that the Ministry of Manpower will

not issue long-term work permits to

foreign national applicants if they are

not happy with the ratio of foreignnational employees to local

employees in the company.

Note that work permits are not

required for some business meetings,

training, lectures and short-term

audits and inspections.

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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.
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Peregrine News October 2015