Peregrine News September 2015

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

This month we have added 8 new immigration processes to Immiguru, including two new

destination countries Bahrain and Namibia.

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.

We have also made some small but very useful enhancements to Immigo, our global

immigration case management cloud software, to help users assign fees to specific

immigration processes (visit our blog for more details).

We hope that you are able to join us for a webinar on Tuesday 20 October at 9am (UK time)

to look at technology in Asia-Pacific immigration.

We will also be attending the ERC Global Workforce Symposium at the Hynes Convention

Centre in Boston, MA, from Tuesday 6 October to Friday 9 October. We will be at stand 934,

proudly exhibiting our immigration software products, and we would love to see you there!

Table of Contents

IRELAND CHANGES TO EMPLOYMENT PERMIT APPLICATION PROCESS AND ELIGIBILITY 2

QATAR NEW WAGES PROTECTION SYSTEM 3

KENYA ELECTRONIC VISA SYSTEM REPLACES VISA ON ARRIVAL 3

RUSSIA SCHENGEN VISA INFORMATION SYSTEM IMPLEMENTED 4

MEXICO STREAMLINED PROCEDURE FOR VISITORS ENTERING BY LAND FROM THE UNITED STATES 5

GERMANY PERMIT PROCESSING DELAYS AND BORDER CONGESTION 6

RUSSIA KYRGYZ NATIONALS NO LONGER REQUIRE WORK PATENTS 7

PHILIPPINES STRICTER EMPLOYMENT PERMIT RULES INTRODUCED 7

AUSTRALIA PAYMENT FOR VISAS AN OFFENCE UNDER PROPOSED CHANGES TO MIGRATION LAW 8

IRELAND QUEUE MANAGEMENT MEASURES AT DUBLIN IMMIGRATION OFFICE 9

MORE FROM PEREGRINE 9

PEREGRINE NEWS

September 2015



IRELAND Changes to Employment Permit Application Process and Eligibility

Effective 1 September 2015, the Department

for Jobs, Enterprise and Innovation (DJEI) has

implemented some changes to the

Employment Permit application process and

eligibility.

What Are The Main Changes?

Occupations Removed from Ineligible List

There is evidence that the Irish labour market

is experiencing a shortage in occupations that

were ineligible up to now for employment

permits. To respond to this shortage, the

Minister has approved the removal of the

following occupations from the Ineligible

Occupations list:

Telecommunications engineers;

IT engineers;

Chiropractors who are members of

the Chiropractic Association of

Ireland;

Mobility instructors for the visually

impaired;

Meat boners.

Occupations Added to Ineligible List

DJEI deem that there are no longer any

shortages in the Irish labour market for a

range of services managers (e.g. betting shop

managers, graphic design managers, library

managers, plant hire managers, production

managers and property, housing and estate

managers). These are now ineligible for

Employment Permits in Ireland and have been

added to the Ineligible Occupations list.

Highly Skilled Eligible Occupations List

In response to changing skills needs in the

medical sector, radiation therapists, orthotists

and prosthetists are now deemed highly-

skilled occupations, while healthcare practice

managers and senior social services managers

and directors are removed.

Other Changes to the Application

Process

P30 Validity

To date, a P30 in support of an employment

permit application had to be valid (i.e.

submitted to Revenue) within two months of

the date of the permit application. This will

now be extended to three months.

Passports

Previously, the passport of an applicant for a

renewal permit had to be valid for 12 months

prior to the date of application. To make it

easier for renewal applicants, the passport

now needs to be valid for only three months.

Note that 12 months validity still applies for

first-time applications.

New Forms

a new suite of standard employment permit

application forms for the grant and renewal of

employment permits, forms notifying

dismissal by reason of redundancy and change

of name, and forms submitting a decision for

review. There are no changes to Trusted

Partner registration forms and Trusted

Partner Employment Permit application

forms.

Impact

Employment permit applications

which have already been received by

the department and have passed

initial checks will not be affected by



these changes in any way and will

proceed as normal;

Employment permit applications

which have not yet been submitted

and are currently being drafted for

submission will need to be re-drafted

on the new application forms;

New employee and employer signed

pages must be requested for all

applications which have not yet been

submitted to the DJEI.

Action Items

Ensure that any Employment Permit

applications yet to be submitted use

the new application forms;

Note the changes to the eligible and

ineligible occupations lists.

QATAR New Wages Protection System

The Qatar Ministry of Labour and Social

Affairs has begun implementing a new Wages

Protection System (WPS), requiring all

employers to pay their employees through a

bank in Qatar.

What is the Wages Protection

System? The Wages Protection System (WPS) is an

electronic system initiated by the Ministry of

Labour and Social Affairs and the Qatar

Central Bank (QCB) to monitor and document

the process of worker wage payment, with a

view to ensuring that employers are

completing the wage payment in a timely

manner and according to the rules and

conditions provided for in the Labour Law.

Under the WPS, employees must be paid in

Qatari currency, to a Qatari bank account, at

intervals prescribed by the Labour Law.

All employers must register with their bank in

Qatar to use the WPS. If an assignee was

previously paid from outside Qatar by a

sending company abroad, they will now have

to be paid through their Qatari sponsor

company which must be registered to use the

WPS at a bank in Qatar. Employers who are

non-compliant risk up to one month in prison

or/and a fine of between QR2,000 and

QR6,000.

Action Items

Employers in Qatar must register for

the Wages Protection System with

their bank in Qatar by the end of

September 2015 or risk a penalty.

Companies sending employees on

assignment to Qatar will need to pay

the assignee through the sponsor

company in Qatar which must be

registered to use the WPS.

Employers should expect a visit from

the Ministry of Labours inspectors to

explain and check compliance with

the new law.

KENYA Electronic Visa System Replaces Visa on Arrival

Effective 1 September 2015, foreign nationals

requiring a single-entry visa for travel to

Kenya for business or tourism, or a transit

visa, are now required to obtain an eVisa

online before travel, rather than applying

manually for a visa on arrival in Kenya.



What is the eVisa? The eVisa is a pre-approval for entry to Kenya

granted online by the Department of

Immigration Services. It can be applied for via

a dedicated website. Payment must be made

with a Visa or Mastercard debit card, and

approval officially takes 2 business days,

although it may take longer in practice.

The eVisa is issued in PDF format and should

be printed out and carried on entry to Kenya.

It allows the holder to travel, within 90 days

of issuance, to a Kenyan port of entry, where

the immigration authorities stamp the

holders passport, granting the right to enter

Kenya once, for up to 90 days. The duration of

stay may be renewed once for up to a further

90 days, at the discretion of the immigration

authorities.

The eVisa system was introduced on 1 July

2015, but until 1 September manual

applications at the port of entry to Kenya

were still possible. Multiple-entry visas are

not yet available through the eVisa system.

Who is Eligible?

Visa-required nationals who

previously qualified for visa on arrival

are eligible for the eVisa;

"Category 3" nationals are not eligible

for the eVisa and need to make a

paper-based application for a referral

visa to the Department of

immigration services prior to travel.

These include nationals of

Afghanistan, Armenia, Azerbaijan,

Cameroon, North Korea, Eritrea, Iraq,

Kosovo, Lebanon, Libya, Mali,

Palestine, Senegal, Somalia, Syria and

Tajikistan;

Visa exempt nationals do not need to

obtain any visa to enter Kenya.

Why Is This Significant? Although Kenyan Airways has announced that

the Department of Immigration has

temporarily installed e-Visa booths at Nairobi

airport where travellers can obtain an eVisa

on arrival, it is likely that there will be very

long queues at these booths.

Moreover, depending on the airline, travellers

may not be allowed to board their flight to

Kenya if they cannot show their eVisa when

checking in. It is strongly recommended,

therefore, to obtain an eVisa before travel to

Kenya.

Action Items

Ensure that any visa-required

nationals travelling to Kenya obtain an

eVisa in advance of travel to avoid

potential issues when boarding and

delays on arrival.

RUSSIA Schengen Visa Information System Implemented

On 14 September 2015, the European Union

Visa Information System (VIS), which requires

all Schengen visa applicants to register their

biometric data, was expanded to Russia.

From 12 October 2015, the VIS will also start

operating in China, Japan, Mongolia, North

Korea, South Korea and Taiwan. On 2

November 2015, Bangladesh, Bhutan, India,

Maldives, Nepal, Pakistan and Sri Lanka will

come online

What is the VIS?

The European Union Visa Information

System is a database, established in



2004, which contains information on

visa applications by non-EU nationals

for visas to enter the Schengen area,

as well as the decisions taken by any

Schengen states consulate.

When applying for a Schengen visa for

the first time after the VIS has been

implemented in a country, all

applicants will have to appear in

person at a consulate or external

service provider to be fingerprinted

and photographed.

This biometric data, along with the

information applicants provide on the

visa application form, will be stored in

the VIS database and stored for five

years. Frequent travellers will only

have to complete the procedure once

within this period, as the fingerprints

will be copied from the previous

application file in the VIS.

Exemptions from the fingerprinting

requirement are provided for a

limited number of applicants,

including children under the age of

twelve.

The gradual worldwide deployment of

the VIS began in 2011.

Action Items

Applicants for Schengen visas in

Russia must now attend the consulate

in person and provide fingerprints and

a photograph.

MEXICO Streamlined Procedure for Visitors Entering by Land from the United States

Effective immediately, the National

Immigration Institute (INM) in Mexico has

announced a fast-track procedure for non-visa

required nationals entering Mexico by land

from the United States for non-remunerated

activities including business or leisure.

The new system is intended to speed up the

entry procedure by allowing applicants to

complete the visitors permit form (Forma

Migratoria Multiple, or FMM) and to pay the

corresponding government filing fees, online

in advance of travel.

Who Benefits? Foreign nationals who live in the United States

and who need to travel regularly to Mexico on

business or leisure could benefit from these

expedited entry procedures.

The online service is available for non-visa

required nationals entering at the Mexico/US

land border with Visitor status (without

permission to perform remunerated

activities).

How Does It Work? Applicants for the electronic FMM form can

complete the form online in advance, pay the

government fees ($332.00 MXN

(approximately $22.00 USD) and then print

both the proof of payment and the FMM duly

filled. This electronic FMM will be valid for 30

days before entering Mexico.

The immigration officer at the port of

entrance will determine the total length of

stay (up to 180 days) and issue a paper FMM.

Both forms have to be returned to the

immigration authorities upon departure.

Action Items

Qualifying business travellers should

consider taking advantage of the new,



online, fast-track FMM to facilitate

entry to Mexico.

GERMANY Permit Processing Delays and Border Congestion

Work authorisation processing delays are

expected in Germany as many labour office

employees have been removed from their

usual duties to help the immigration

authorities process record numbers of asylum

seekers arriving in the country.

Additionally, border controls introduced in the

last week by some EU member states may

lead to delays for travellers entering or

leaving these countries, with more countries

considering taking similar action.

German Authorities Swamped The Office for Migration and Refugees in

Germany (Bundesamt fr Migration und

Flchtlinge or BAMF) is increasingly

overwhelmed by a backlog of more than

250,000 asylum cases, and processing delays

for combined work and residence permit

applications should be expected.

The regional work permit teams of the

German International Placement Service

(ZAV), who are now being diverted to assist

BAMF, are usually responsible for processing

work authorisation applications.

This employment authorisation is required in

support of an application for a residence

permit for employment, and also in support of

a D visa for employment, which allows the

holder to start work before their combined

work and residence permit has been issued.

The staff diversion is expected to lead to

delays in both current and upcoming work

authorisation applications.

Preferred nationals (nationals of Australia,

Canada, Israel, Japan, New Zealand, South

Korea and the United States) have the option

of entering Germany without a visa, but

cannot start work until their combined work

and residence permit has been issued.

Border Controls Border controls have been temporarily

reintroduced by Germany on its border with

Austria (as of 13 September), Austria on its

border with Hungary (as of 15 September)

and Slovenia on its border with Hungary (as of

17 September). These border closures,

checkpoints and patrols have already caused

significant traffic jams and cancelled train

services

The temporary reintroduction of border

controls between EU member states is

allowed by the Schengen Borders Code, in the

exceptional case of a serious threat to public

policy or internal security.

Action Items

Applicants for visas and residence

permits for Germany should take into

account longer than usual processing

times.

Preferred nationals should consider

obtaining a D visa at the relevant

German consulate, in advance of

travelling to Germany, so that they

can start work on arrival, without

waiting for the residence permit to be

issued.

Travellers entering Germany, Austria

and Slovenia at certain borders should

be aware of the strong possibility of

delays.



RUSSIA Kyrgyz Nationals No Longer Require Work Patents

Effective 12 August 2015, the agreement on

the accession of Kyrgyzstan to the Eurasian

Economic Union (EEU) came into force.

Membership of the EEU means that Kyrgyz

nationals can now work in Russia, Armenia,

Belarus and Kazakhstan without the need for

a work permit or patent.

What Are the Benefits? Kyrgyz nationals entering Russia for work are

now exempt from requiring a work patent (an

employment authorisation process introduced

in January 2015 for nationals of member

states of the Commonwealth of Independent

States (CIS).

Along with Armenians, Belarusians and

Kazakhs, Kyrgyz nationals no longer need to

undergo the immigration medical check, the

Russian language and knowledge examination

and the fingerprinting appointment which are

required for the work patent application

process. Moreover, Kyrgyz nationals staying in

Russia for less than 30 days are now exempt

from registration with the Federal Migration

Service (UFMS). For nationals of non-EEU

countries, registration must be completed

within seven days of arrival in Russia.

Background The Eurasian Economic Union introduces the

free movement of goods, capital, services and

people and provides for common transport,

agriculture and energy policies, with

provisions for a single currency and greater

integration in the future. The Treaty was

signed by Russia, Belarus and Kazakhstan in

2014, and came into effect on 1 January 2015.

Armenias accession treaty came into force on

2 January 2015.

Action Items

Ensure that planning for Kyrgyz

nationals to work in Russia takes into

account the new easier process.

PHILIPPINES Stricter Employment Permit Rules Introduced

Effective 28 August 2015, the Philippines

Department of Labor and Employment (DOLE)

has issued revised Alien Employment Permit

(AEP) rules. Among the major changes are

stricter labour-market testing and understudy

training rules, and new employment permit

exemptions.

Main Changes

Labour-Market Testing Strengthened

The labour market test conducted by DOLE

will now include publication of the AEP

application details in a general circulation

newspaper, and also on the DOLE website for

a period of 30 days. This now also applies to

an applications for an additional position in

the same company or a subsequent

assignment in any related company.

The published notification must now include

more details, including the foreign national

applicants name, position, employer,

address, qualifications, job description, salary

and any other benefits.

Any Filipino national who is competent, able

and willing to do the job for which the

foreign national is requesting an AEP may file

an objection at the DOLE Regional Office of



application within thirty days after

publication.

A foreign national whose AEP has been denied

or cancelled may appeal within ten days of

this decision.

Understudy Training Program Reinforced

The employer must now submit an

understudy training programme to be

conducted by the foreign national to transfer

their skill or knowledge to two Filipino

workers. This requirement only applies to

technical positions, and not to executive or

managerial positions.

New Categories of Exemptions and

Exclusions

The new rules list categories of foreign

nationals who are exempt from requiring an

AEP due to international agreements, and also

those excluded from the requirement to

obtain an AEP because they are not

considered to be working in the Philippines.

The latter include:

Company Presidents, Secretaries,

Treasurers and non-executive board

members;

Consultants who are not employed in

the Philippines;

Intra-company transferees and

contractual service providers who are

executives, managers or specialists

and who have been employed by the

foreign service supplier for at least

one year.

Action Items

Take into account that some

applicants now qualify to work in the

Philippines without an Alien

Employment Permit;

Ensure that an understudy training

plan is submitted in support of the

AEP application;

Be prepared for possible delays due to

the implementation of the new labour

market testing and understudy

program rules.

AUSTRALIA Payment for Visas an Offence under Proposed Changes to Migration Law

The Australian Parliament has introduced a

new bill that would make it a criminal offence

for a person to request, receive, offer or give

any benefit, including payment, in return for a

sponsored visa, such as a Subclass 457 visa.

The proposed law would give the Department

of Immigration the option of cancelling a

sponsored visa obtained in return for

payment.

What Is the New Bill? The bill, entitled the Migration Amendment

(Charging for a Migration Outcome) Bill 2015,

was introduced on 16 September and is

intended to prevent payment for

sponsorship related events that leads to

exploitation of visa applicants and

undermines the Australian migration

framework. The proposed changes reflect

some of the recommendations made in the

Independent Review into Integrity in the

Subclass 457 Programme released last year.

Penalties and Liabilities The proposed new law makes payment for

sponsored visas a criminal offence, with fines

of up to AUD$64,800 for individuals and

AUD$324,000 for a company, and criminal

convictions of up to 2 years imprisonment.



Where criminal conduct is not shown, a civil

penalty of AUD$43,200 for individuals, and

AUD$216,000 for companies, may still be

applied.

Criminal and civil liability will also extend to

executive officers of companies,

unincorporated associations, and all partners

within a partnership.

Payment for visas excludes professional

services provided in the assistance of a person

obtaining a sponsorship related event. This

may include advice and services provided by

migration agents, lawyers, education and

recruitment consultants. However, a

defendant accused of benefiting bears the

onus of proving that the payment was a

reasonable amount.

Action Items

Whether or not the proposed

measures are passed by the

Australian Parliament, it is advisable

to check that any fees or other

benefits paid in respect of obtaining

an Australian sponsorship visa are

reasonable and not proscribed by law.

IRELAND Queue Management Measures at Dublin Immigration Office

Effective 30 September 2015, the Garda

National Immigration Bureau (GNIB) in Burgh

Quay, Dublin, is implementing organisational

changes to reduce the queuing time for

applicants seeking to register their

immigration status.

What Are The Changes?

New registrations at the GNIB will be

dealt with on Monday and Tuesday

only;

Registration renewals (for those who

have an existing GNIB card) will be

dealt with Wednesday to Friday only;

Additional staff resources are being

deployed to deal with registrations;

An on-line booking system for re-

entry visas is being finalized. Re-entry

visa applications are submitted to the

Irish Naturalisation and Immigration

Service (INIS) at the GNIB office in

Dublin.

Action Items

Ensure applicants for new or renewal

registrations attend the GNIB on the

correct day.

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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.

Documents

Peregrine News September 2015