Quarterly Newsletter June 2016 - PwC · Immigration in Europe remains high on the agenda with the warmer waters signalling a resurgence in a heightened number of migrants braving

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Global Immigration Quarterly NewsletterJune 2016

Global Immigration: Quarterly Newsletter

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In our Spring/Summer 2016 edition of our newsletter 2016, we bring you the latest global immigration updates from across our global network over the last few months.

Immigration in Europe remains high on the agenda with the warmer waters signalling a resurgence in a heightened number of migrants braving the crossing of the Mediterranean seas in hope of a better life in Europe.

We are also on the eve of an EU referendum and should a Leave vote come through, we could see a possible Brexit. As such, our ‘Quarterly Focus’ section, this edition, looks at the upcoming referendum and provides some useful analysis from both sides of the argument with regards to Immigration and some of the possible effects.

We hope, as always, you enjoy reading through the various updates and please do not hesitate to get in contact should you have any queries at all or require further information on any of the matters raised.

Regards,

PwC LegalGlobal Immigration Team

Introduction Contacts

Stephan JudgeSenior Manager+44 (0)20 7212 [email protected]

Sapna PatelSenior Manager+44 (0)20 7804 [email protected]

Katrina CooperDirector+44 (0)20 7804 [email protected]

Julia Onslow-ColePartner and Head of Global Immigration+44 (0)20 7804 [email protected]

Claire PepperSenior Manager+44 (0)20 7212 [email protected]

Lindsey BarrasSenior Manager+44 (0)20 7212 1362 [email protected]

Stephanie OdumosuManager+44 (0)20 7212 [email protected]

September WeinbergerSenior Manager+44 (0)20 7804 [email protected]


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Quarterly focusEffects of a possible Brexit following the EU Referendum in the UK on 23 June 2016

The overwhelming theme of the immigration law around Brexit at the moment is uncertainty – not only uncertainty as to which way the vote on the referendum will go, but uncertainty as to how a vote “Leave” would be implemented, and uncertainty around what changes the UK would negotiate with the EU in the wake of a decision to “Remain”. In light of this, a number of prominent organisations including the Institute of Directors issued an open letter to the UK government in April calling for more clarity as regards the status in the instance of Brexit both on EU citizens in the UK and UK citizens living abroad.

Immigration and EU free movement are among the most politically contentious issues within the EU referendum debate. The level of uncertainty on the future of this policy area in a Brexit scenario is however very high and despite the aforementioned letter, the Government has yet to provide clear guidance.

Freedom of movement has consistently been rated among the most popular aspects of EU membership – among Britons as well – according to the recent surveys such as a public opinion report from the European Commission. Evidence also suggests that the UK’s economy has benefited from freedom of movement and particularly in the generation of fiscal benefits, competitiveness and by filling skills shortages in the British labour market.

Remain

Should the UK vote to remain in the EU, both UK nationals and EU nationals would maintain their right to free movement and access to the common labour market. All things considered, the expectation is that immigration policy and processes would remain largely the same, although some elements of unpredictability still exist.

The 1.2 million UK nationals currently living in other EU countries (mainly in Spain, Ireland and France) would retain their right to reside in the EU. It is uncertain, on the other hand, how they might be affected by a vote to leave.

In the “remain” scenario, the UK will likely adopt the set of proposals restricting newly arriving EEA citizens’ access to in-work benefits negotiated with the EU last February. The impacts of these restrictions, though, tend to be concentrated on a small share of newly arriving families. It is expected, therefore, that they would have a limited impact on the number of future EU migrants. Whether, as a consequence of these reforms, other EU countries would or could adopt similar restrictions for UK nationals residing on their territory is however unclear.


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Leave

There are a variety of possible outcomes under a “leave” scenario, depending on the relevant country model. Under a so-called “Norwegian” outcome, the UK would remain a member of the European Economic Area, and free movement of labour, capital, goods and services would persist. Accordingly this would have minimal impact of UK immigration policy. However, this is considered unlikely as it would seem to retain most of the perceived disadvantages of EU membership, including lack of national sovereignty as regards regulations, and the aforementioned free movement of persons.

More probable is a scenario where some form of immigration controls are implemented. The most popular model for this cited by the “Leave” camp is the Swiss model, whereby through a series of bilateral agreements with the EU, some elements of free movement of persons are retained – for example Local Hire permits in Switzerland do not have quotas for EU/EFTA nationals, but ICTs do. While this example tends to be the most commonly cited possibility from those in the “Leave” camp, it is unclear to what extent it is realistic – Switzerland as an economy is relatively distinct from the UK, and as any bilateral agreement would have to be negotiated in advance, it is uncertain to what extent the EU would permit similar negotiations to take place – certainly it would prefer to be seen as sending a credible signal to other potential leavers that one cannot simply leave the EU and hope for the best-case scenario as regards trade agreements.

As always, please reach out to your PwC contact if you require any further detail around this.

On Friday 24 June, the results will be in and we warmly invite you to join Julia Onslow-Cole and the PwC Panel of experts to join our free client webcast: “The EU Referendum – what’s next?” at 2pm on 24 June 2016. Our experts will be giving their in-depth analysis of the results, the likely consequences and examining how the EU could develop over the next five years. There will also be an opportunity to put your questions to the panel.

To sign up for the webinar please register at the link below:https://mytaxpartner.pwc.com/news/webcast-the-eu-referendum-whats-next

https://mytaxpartner.pwc.com/news/webcast-the-eu-referendum-whats-next


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Countries

Æ Angola

Æ Argentina

Æ Australia

Æ Austria

Æ Azerbaijan

Æ Belgium

Æ Bahrain

Æ Canada

Æ China

Æ Ethiopia

Æ France

Æ Germany

Æ Hong Kong

Æ India

Æ Ireland

Æ Malaysia

Æ Oman

Æ Peru

Æ Russia

Æ Saudi Arabia

Æ Sweden

Æ Switzerland

Æ Tanzania

Æ Thailand

Æ UAE

Æ UK

Æ USA

Æ Venezuela


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Your country information

Angola

The Angolan Government has recently announced new rules to standardise the process for oil companies seeking work permits and visas. New templates have been provided that are to be used for all letters of application for ordinary visas and also all letters of requests for work visas. In addition, a new form that must be filled out describing the details of the role to be fulfilled by the foreign national has also been circulated.

It has also been reiterated that foreign oil companies seeking to enter Angola must submit a program agreement with the Ministry of Petroleum, confirming that they will hire and train Angolan nationals to eventually replace their foreign staff.

What does this mean for you as an employer?

All oil companies seeking visas and work permits for foreign nationals in future, including extensions of existing visas

and permits, should be sure that their applications are submitted in line with the new requirements, using the new templates.

Argentina

In order to strengthen relations between Argentina and the US, a bilateral agreement has recently been signed which will suspend the requirement for some Argentinian nationals to obtain a visa to travel to the US. In return, Argentina will waive its reciprocity fee for US nationals travelling to the country for business and tourism for a period of less than 90 days until 22 June 2016 or until the fee is permanently revoked by issue of an Executive Order.

Currently, nationals of the US, Canada and Australia are visa exempt for stays of up to 90 days in Argentina, however they are required to pay a reciprocity fee of 160 USD which is payable upon arrival.

The reciprocity fee is still payable for Australian and Canadian nationals.


Employers intending to send US nationals to Argentina for short term business should be aware of this temporary suspension period and look to utilise this where possible given the overall cost of business travel will be reduced during this period.

Australia

On 3 May 2016, the Australian government released its election year budget. The budget is considered conservative and contains moderate measures to assist in returning Australia’s national accounts to surplus.

In conjunction with the federal budget, the Department of Immigration and Border Protection (DIBP) released its

Budget Portfolio Papers. These Portfolio Papers confirm that from 1 July 2016, visa application charges will increase. In addition, during the 2016/2017 financial year, DIBP's resourcing and staffing levels will decrease. Visa processing expenses are expected to decrease as well, which will result in higher visa costs and may also further impact processing times.

The Australian Federal Government previous cuts to its public service head count has already impacted on processing time frames, particularly in the temporary and permanent employer sponsored visa programs (subclasses 457 and 186). At present, subclass 457 visa processing is taking an average of eight weeks to be finalised, with employer nominated permanent visa applications (subclass 186) taking up to eight months.

Subclass 457 visa processing has also been


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to the skilled occupation and consolidated skilled occupations lists will also occur.


Given the current processing time frames, you need to allow sufficient lead in time when finalising international transfers and assignments into Australia. Further, cases which may have complex issues to address relating to health, character or compliance should be accompanied by appropriate documentation and submissions to avoid any further delays to processing.

Given the new requirement for sponsors to declare that they have not engaged in discriminatory recruitment practices, sponsors need to ensure they review their recruitment processes to confirm that where a position is filled by a foreign national, adequate records are maintained in relation to that specific recruitment process.

impacted by changes to the DIBP’s relevant policy guidelines and in particular, an increased focus on genuine position criteria. To date, this criteria has been applied quite liberally and contributed to an increase in subclass 457 visa refusals. PwC Australia and other stakeholders have raised serious concerns over the impact that this new policy has had on the program. As part of this, internal processes have been introduced by DIBP to ensure that sponsors are given an opportunity to address any concerns case officers may have around this genuine position criteria, before a final decision to refuse or grant the visa is made.

A requirement for sponsors to declare they have not engaged in discriminatory recruitment practices has recently been introduced as an enforceable subclass 457 sponsorship obligation. This replaces the previous attestation relating to non-discriminatory employment practices. This obligation applies to recruitment decisions based on visa or citizenship status only – discrimination on any other grounds are outside of the DIBP’s remit.

From 1 July 2016, Australia’s student visa program will be simplified with the number of student visa subclasses reducing from eight to two (different streams will be available). Minor changes

Austria

The Austrian authorities have increased the rigour with which they check whether companies, particularly multinationals, are complying with Austrian work regulations. Already licensed to perform unannounced raids on employers, going forward they will be performing checks even more frequently to determine if foreign employees are receiving remuneration in line with the Austrian minimum wage and that firms employing assignees are keeping copies of all applicable documents (ZKO – 3/4 form, employment permit, wage records and evidence of social security coverage (e.g. A1 certificate)).

While the primary responsibility for the ZKO notifications - in case of cross border personnel deployment from the EU/EEA and Switzerland to Austria - remains with the home employer (i.e. the non-Austrian entity), Austrian firms may be directly liable if they are unable to provide the relevant documents on demand.


Additional care must be taken to ensure that all employees are receiving at least the Austrian minimum wage, and that the relevant documentation is always retained

on the employer’s premises, as Austrian firms may now be directly liable.

Azerbaijan

Following amendments of the Migration Code in last April, any visitors to Azerbaijan for a period exceeding ten (10) days should ensure that they are registered at their place of stay with the State Migration Service of Azerbaijan. Previously, visitors were required to register when their period of stay exceeded three (3) days so there has been a clear relaxation of the rules in this area.


Should you have any business travellers affected by this, you will need to ensure that each individual whose visit exceeds ten (10) days is properly registered. Failure to complete this registration may result in an administrative penalty to unregistered foreigners in the range of AZN 300 – AZN 500 (approx.200 USD - 330 USD).


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Canada

Major updates this quarter include the introduction of the Electronic Travel Authorization (eTA) requirement, new Labour Market Impact Assessment (LMIA) exemptions and lists, changes to post-graduate work permit and provincial nominee programs and the prospect of new legislation.

As of September 2016, all visa-exempt foreign nationals (with the exception of American citizens) who fly to or transit through Canada by air will be required to apply for and obtain an eTA. Affected foreign nationals must obtain an eTA online prior to boarding a plane to Canada.

New LMIA exemptions were put in place for foreign nationals working in occupations essential to television and film productions and for native French speakers working outside Quebec in managerial, professional and technical roles. What is more, The Quebec Ministry of Immigration, Diversity and Inclusion updated its list of occupations that are eligible for the Facilitated LMIA process. Among the new inclusions are Sales Marketing and Advertising Managers, Accounting Technicians, Secretaries, and User Support Technicians.

Belgium

Belgium is expected to start implementation of the Single Permit Directive around November 2016. This new regulation will combine the process for applying for a Belgian work and residence permit into a single application. Because the applications are being combined, the time taken to procure all the requisite documents is expected to increase as now all documents are required to be in place by the time the application is filed, while previously certain documents were only required for the residence permit aspect, and hence could be procured later in the process.

In addition, a legislative proposal is expected to be submitted that, if passed, will require all foreigners who wish to remain in Belgium for longer than a

certain time period to sign a declaration confirming their intent to integrate into Belgian culture, in part by committing to respect several rights such as freedom of speech, freedom of religion and the equality of men and women.

No definitive guidance has been produced as regard the specific content of the statement, or the minimum time period spent in Belgium before the signing is required. However it is expected that the statement will broadly be in line with similar ones in other European countries that already require them of foreigners, for example France. Additionally it is not clear whether language skill requirements will be implemented, and indeed given Belgium’s three national languages, how the choice of which language to learn would be made.


Employers should be aware of the increased timings for Belgian work and residence permit applications and plan accordingly. Requests for documents such as Police Certificates and legalisations/translations of documents should be made as early as possible so as to minimize delays.

While the content of the integration statement has yet to be finalised, employers should be aware that it will be rolled. It is not clear if it will apply retroactively, or indeed if sanctions on violations of the statement will be enforced, but the content is expected to be relatively uncontroversial.

Bahrain

The Labour Market Regulator Authority has recently announced that companies that are unable to comply with the Bahrainization Rate set in accordance to their size will now be eligible to apply for new work permits and sponsorship transfers by paying an additional fee of BHD 300 (approx. 790 USD). This service is available with immediate effect.


Employers are still advised to make every effort to comply with their Bahrainization rate and to resort to this service only when this should not prove possible in useful time for the company. Companies are advised to consider this route as a temporary solution.


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Companies applying for Ethiopian immigration permission on behalf of their employees should identify a designated person (or a group of designated individuals) responsible for immigration and global mobility and make sure that they put together the above-mentioned ID card (complying with the above requirements) and include this in all applications.

In the post-graduate work permit program (PGWPP) sphere, eligible students are no longer limited to applying for a PGWPP work permit through an inland processing centre. Now, they may also apply at a visa office outside Canada or at a Canadian port-of entry. Notable changes to provincial nominee programs (PNPs) have included the launch of a new skills ranking intake system under the British Columbia PNP and the introduction of two new business streams under the Nova Scotia PNP, including the Entrepreneur Stream and the International Graduate Entrepreneur Stream.

Looking forward, the government plans to introduce a bill to revoke many prior changes to citizenship law. PwC will monitor the situation closely and provide updates as the legislative process moves forward.


Employers should advise their business travellers of the upcoming eTA implementation so as to avoid delays and disruptions.

The expanded LMIA exemptions allow certain employers to bypass the complex and costly Labour Market Impact Assessment process. What is more,

amendments to the PGWPP facilitate graduate employment by building increased flexibility into the application process. Employers should also take note of the changes in the PNPs, as these may affect or expand eligibility.

China

Employers in Shenzhen will be required to register with the Public Security Bureau (PSB) in Shenzhen with immediate effect before foreign employees can lodge any type of visa or permit applications. As of 25 April 2016, employers are required to validate their registration with the PSB on an annual basis once completed.

In order to register with he PSB, the names of 1 or 2 authorised local employees should be logged with the Shenzhen PSB system. An authorised representative would usually be a local HR contact or an Office Admin Representative. It should be noted that companies with more than 30 foreign employees may register up to 3 local representatives on the system.

The presence of those registered on the PSB system will not be required at the time the application is lodged, however employees must submit the original registration certificate provided by the PSB when filing a visa or residence permit application. This must also be provided when collecting their passport.

Employers can complete the registration process in one business day. This must be done the employer directly as registration cannot be completed by a third party.


Employers with a presence in Shenzhen should ensure that they register with the PSB immediately should they wish for foreign employees to be able to file any visa or Residence Permit applications and to not experience any delays.

Ethiopia

The Ethiopian Immigration Office has recently implemented a new mandatory requirement for residence permit applications. In addition to the signed Power of Attorney (PoA) which is currently required for residence permit applications, it will now be mandatory to provide a purpose made company ID card of the member of staff responsible for immigration operations within the company.

This ID card will have to be in a specific format and should include the company's logo, the ID number, the individual's name, photograph, job title and the statement "The above mentioned person is assigned to process our organisation's immigration task".


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France

In February 2016, French parliament adopted new regulations that once imposed will bring around significant changes to the current landscape of French immigration law. Please see below an overview of some of the main proposed changes:

•Short term stays to conduct productive work - Certain professional categories may not require a work permit for stays of 3 months or less;

•4-year resident permits for "high talent and competence" individuals - Certain professional categories will be able to benefit from a 4 year resident permit issued on the basis of professional merits to applicants considered to have "high potential";

•Other residence permit categories - Individuals that do not qualify as "high potential" could be eligible for different residence permit categories with varying validity ranging from 2 to 4 years depending on the type of employment contract held by the applicant;

•3-year resident and work card for Intra-company transfers (ICT) - Individuals working in France on ICT contracts will be able to apply for resident and work cards as well;

• Simplified process for graduates holding Masters Degrees - The process for obtaining a resident and work card for individuals holding a master’s degree will undergo significant simplification.

We expect these new regulations to be implemented around late 2016 and so until then, the current immigration rules will continue to apply.


Companies intending to employ foreign personnel in France should be able to benefit from these changes to the French immigration law which are intended to simplify and modernise existing procedures.

We are closely monitoring this situation and will provide further updates as they become available and once the implementing decree is issued.

Germany

In autumn of 2016, the German state of Baden-Württemberg, in cooperation with the Federal Employment Agency, will begin piloting a new points-based immigration model called PUMA (Punktebasiertes Modellprojekts für ausländische Fachkräfte).

Under this system, applicants will be allocated points on the basis of a number of criteria, including educational credentials, language skills (which will be particularly important), previous stays in Germany and relatives currently residing in Germany. In order to qualify for an immigration benefit, they will be required to meet a minimum threshold of 100

points and to have a recognized degree/ vocational education and a job offer in Germany.

If the pilot should prove successful, Germany will be to rethink the current immigration model and the system might be adopted more widely.

In January 2016 a new employment category for nationals of Albania, Bosnia Herzegovina, Kosovo, Macedonia, Montenegro and Serbia has been introduced on a temporary basis.

Under this category, nationals from the listed countries will be eligible for a work permit for any type of employment purpose, without restrictions on


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professions or qualifications. They will require an unconditional job offer with a German employer and the employer will have to conduct a labor market test and offer a minimum salary comparable to that of a German national in the same position. The category is expected to be available only until 2020.

Applications for this work permit category can only be submitted at Consular posts outside of Germany and applications filed in-country at the German immigration office cannot be approved under this route.

As this work permit category is intended to facilitate West Balkan nationals, whose asylum applications have been increasingly weaker following the political stabilization of the region, applications from individuals who have received asylum benefits within 24 months of applying are unlikely to be approved. Individuals who applied for asylum between 1 January 2015 and 24 October 2015, were still in Germany on 24 October 2015 and then left the country immediately will however be exempted.


Employers in the state of Baden-Württemberg should prepare for the

implementation of the point-based immigration system that will be piloted in autumn. We will be monitoring progress to anticipate the possible extension of the program to other regions and will notify employers in other German states of any extensive reforms to the national immigration system that may result from the successful implementation of the Baden-Württemberg’s pilot.

The new employment category introduced in January 2016 is expected to facilitate hiring nationals of Albania, Bosnia Herzegovina, Kosovo, Macedonia, Montenegro and Serbia. Employers should however be mindful that this is a temporary measure and that applications can only be processed at Consular posts outside of Germany.

Hong Kong

A recent report was prepared by the HKSAR Audit Commission after conducting a review on the Hong Kong Immigration Department's ("ImmD") current internal guidelines and operational procedures for the administration of various visa applications under the Admission Schemes.

The report's recommendations are mainly for the ImmD's reference and are aimed at internal enhancement including adherence

to internal standard guidelines and working procedures, and improvement on record maintenance.

Though the ImmD has agreed with the audit findings, they have not made a formal announcement around when they will conduct their own internal reviews and introduce any revisions which they may deem necessary.


While the ImmD has not yet confirmed when their review will take place, it is expected that this could result in a tightening of internal controls and adjudication standards. As such, there is the possibility that there may be increased scrutiny of visa applications in the future.

We are staying close to this issue and will provide further update as clearer guidelines become available.

India

As part of a new drive to improve security for foreign nationals and also to try and clamp down on those who overstay, the Bangalore Police Department is now carrying out increased


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Business Card", will be available for nationals of South Asian Associations for Regional Cooperation (SAARC) countries who plan to travel to India for business. SAARC countries include Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.

The visa can be issued for five years or less to business travellers of any SAARC countries, however, nationals of Bhutan and Nepal do not require a visa for travel to India. The qualifying criteria is being defined, however, for Pakistani nationals to qualify they should run an enterprise worth INR 10,000,000 (approx. 150,000 USD) and should have an annual income of at least PKR 1,000,000 (approx. 9500 USD). The Pakistani enterprise should also be a member of any Chamber of Commerce in Pakistan that India recognises.

Currently Pakistani nationals are eligible for a multiple-entry business visa valid for a maximum of 1 year and can travel to 10 cities. However, the new procedure will allow certain Pakistani nationals to obtain an Indian Business Card valid for 3 years and which will allow travel to 15 cities, if the criteria is met.


Employers should ensure their employees complete the regulatory formalities on time and keep the residence address and immigration status of their employees updated. Employers should also apply for any extension of status for the employees and their dependents within the stipulated time.

The police officers are also likely to visit the place of work specified during the registration process, so employers should be aware and ready to respond to such checks.

This will also now mean greater freedom of travel to India for nationals of SAARC countries and we would advise that those who meet the criteria to consider applying.

Ireland

The Department of Jobs, Enterprise and Innovation is experiencing a significant increase in the demand for Employment Permits and this is causing processing times to rise from the usual 4-5 weeks to 7-9 weeks.

and detailed verification on foreign nationals' residential addresses and their immigration status.

They are working with the Foreigners Regional Registration Office (FRRO) to verify and update the records of all foreign nationals on their systems. Any foreign nationals staying in Bangalore should expect a visit from a police officer at their residence or receive a phone call as part of the verification process.

This new drive has now come into force following two recent road accidents involving foreign nationals which highlighted gaps and incorrect residence details being registered.

Any foreign nationals who have changed their residential address after their previous registration process should inform the Foreigners Regional Registration Office (FRRO) and get their Residence Permit updated with new residence address.

Furthermore, foreign nationals who are going to be away from their registered address for longer than 2-4 weeks should also inform the local police/FRRO to avoid incorrect reporting.

From 01 April 2016, a new multiple entry business visa, known as the "India

2015 witnessed an increase of 32% in the number of permits relative to 2014, and it looks like 2016 will show further growth.

All Irish immigration agencies are experiencing a strain in resources as passport applications reached a record high in 2015, with 669,806 issued. Further, this number is expected to grow over the coming year as concerns around a possible UK exit from the EU drives UK


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nationals with Irish parentage to pursue Irish passports based upon their ancestry.


Companies applying for any sort of Irish immigration permission should expect increased processing times and possible delays. We would recommend that these extended processing times are factored into the overall timeframes for an assignment and that the immigration process should therefore be initiated with PwC Legal as early as possible.

Malaysia

The Immigration Department of Malaysia has introduced a new program enabling companies to offer short-term placements to foreign students on a Social Visit Pass. All foreigners admitted to Malaysia initially receive a Social Visit Pass. Companies registered with the headquarters of the Immigration Department of Malaysia, Expatriate Services Division (“ESD”), may now apply to offer international students on Social Visit Passes short-term placements under mobility programs for a maximum of 90 days (depending on nationality and pass validity). The types of mobility programs covered include student exchange, industrial or practical training, internship and mentorship.

In addition to these changes, and pursuant to the requirement that companies must obtain annual approval for the number of foreign nationals they intend to hire or continue to employ, the ESD has opened the 2016 filing period for expatriate projections. In doing so, it has announced a new, shorter client charter for processing requests.

With effect from 1 June 2016, there will be additional government fees for expatriate's Employment Pass and its related applications submitted to the ESD, which are approximately USD 20 to USD 84, depending on whether it is a principal's Employment Pass or dependant's pass.


Previously, international students were ineligible to undertake any short-term mobility program with companies in Malaysia without first obtaining a Professional Visit Pass (i.e., a short-term work pass). Under the new program, however, employers will benefit from a more streamlined process since foreign students may commence short-term mobility program immediately after their arrival on a Social Visit Pass.

The shorter client charter for expatriate projections should greatly assist businesses with planning and organisation. However, since approved but unutilised projections for 2015 do not carry over into the 2016 year, companies should plan in advance and lodge requests as early as possible to avoid delays in Employment Pass approvals.

The additional government fees are applicable for Employment Pass and its related applications submitted to the ESD only; they are however not applicable for other applications and by other adjudicating authorities, such as the above short-term placements for international students, expatriate projections or

Professional Visit Pass, as well as Multimedia Development Corporation/Malaysia Digital Economy Corporation ("MDeC"), Malaysian Investment Development Authority ("MIDA) being the other adjudicating authorities.

Oman

The Oman authorities have relaxed the regulations with regards to the resident card renewal process.

According to the new rules, the company owner or an official representative of the company can visit the Department of Civil Status to renew the foreign employee's resident card on their behalf. The individual concerned is now only required to attend in person if he/she is changing jobs. In this case a non-objection certificate will also be required.


As employers can now complete the renewal of their employee’s resident cards on their behalf, the administrative burden of employees having to appear in person will be removed.


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The official representative of the company is also able to submit multiple resident card renewal applications at the same time. This will minimise the long queues at the authorities and so aid the speed in which the process is completed.

Please do not hesitate to reach out to your usual PwC Legal contact for further details.

Peru

On March 15, 2016 the European Union signed a short-stay visa waiver agreement with Peru and as a result, EU citizens will be able to travel visa-free travel to Peru and the same for citizens of Peru when travelling to mainland Europe.

The new visa agreement is valid for periods of stay of up to 90 days in any 180-day period and it covers travel which consists of tourism, cultural visits, scientific activities, family visits and business activities. Anyone travelling to carry out productive work will still be subject to the relevant rules around work permission in the host country.

Please note that the agreement will not apply to Ireland and the UK and the existing national legislation will continue to prevail.

The Agreement has yet to be formally reviewed by the European Parliament, however it has been applied on a provisional basis from 15 March 2016.


Business and tourist visitors and travellers who are either of Peruvian or EU nationality will now be facilitated in their travel to the EU and Peru.

Russia

Since 5 April 2016, the Russian Ministry of Internal Affairs became responsible for issuing work permits, certificates confirming fulfilment of the immigration registration requirements, visa invitation letters, etc. Previously, these functions were undertaken by the Federal Migration Service.

From 31 July 2016, the residence permit process for refugees and those provided with temporary asylum arriving to Russia in emergency on a large scale, who become participants of the program of accepting compatriots to the Russian citizenship, have been relaxed.

The Russian Government is in the process of reviewing a bill stipulating that people who buy a trip from a Russian tour operator can be provided with an electronic tourist visa valid for the period of one month. PwC will continue to monitor this and provide any updates in due course.


Should this bill be passed by the Russian Government, this would greatly simplify the visa requirements for those wishing to travel to Russia for short-term tourist travel.

It is also possible that the transfer of the respective authorities from the Federal Migration Service to the Russian Ministry of Internal Affairs could result in slightly longer processing times for work permit applications and therefore employers should take these potential delays into account when planning start dates.

Saudi Arabia

The Ministry of Labor in the Kingdom of Saudi Arabia has announced that it will be nationalising the telecommunications

industry in the Kingdom. As a result, this means that eventually expatriate workers will not be able to hold telecom jobs in Saudi Arabia.

Impacted in the immediate term will be the telecom retail industry - those companies specialising in selling mobile phones, phone accessories and mobile phone repair and maintenance services. These retailers have been given 6 months to adjust their status an so within the next three months (by 6 June 2016) 50% of their total workforce must be a Saudi (or GCC) national and within six months (3 September 2016) the entirety of the workforce must be a Saudi (or GCC) national.

This ruling does not only impact those working directly in the sale and maintenance of mobile phones, it also impacts non-sales staff such as clerical workers, accountants and marketing professionals who work for telecom retailers. Large department stores with separate dedicated sections for the sale of mobile phone maintenance and accessories must also comply with this ruling.


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The Embassy of the Kingdom of Saudi Arabia in London has introduced a new requirement for applications for commercial visit visas, working visit visas or businessman visit visas.

Effective Tuesday 29 March, all business support letters submitted in support of these visa applications must now be originally signed and certified by the British Chamber of Commerce and Industry prior to filing.


Employers within the telecom industry must look to make the relevant changes amongst their Saudi workforce as soon as possible.

Employees who violate this ruling could face imprisonment followed by deportation, whilst the violating employer could be fined up to SR1 million, have their commercial registration cancelled and be prevented from investing in the telecoms sector for up to five years.

In addition, should you have any employees travelling for business and requiring a visa urgently, please do take this requirement into consideration, as it will lengthen the application process.

All applications that do not comply with the above requirement are likely to be rejected.

Sweden

The requirements for obtaining a Swedish work permit extension have become stricter and it has now been decided that work permit extensions will only be granted if the conditions for a work permit have been fully adhered to in all previous periods where the applicant held a Swedish work permit.

The above will also apply for those applying for a new permit to be able to work with a new employer in Sweden.

When applying for an extension, evidence must be submitted to show that the conditions of the work permit were being met for each month that this was held.


Given these changes, during the validity of existing permits, care should be taken to maintain records that prove that the criteria have been consistently met during all previous months as this will be required to be submitted at the point the extension application is lodged.

Switzerland

All of the quotas available for EU/EFTA (except Romania and Bulgaria) nationals have been exhausted for this quarter. These quotas are limits placed on the number of EU/EFTA nationals who can be employed as assignees in Switzerland for periods of longer than 4 months.

Therefore until 1 July 2016 no new work permits for EU/EFTA nationals on assignments longer than 4 months will be given out. Additionally no existing non-quota work permits may be converted into quota work permits for EU/EFTA nationals until 1 July 2016 either.

As of 1 June 2016, Swiss restrictions separating Bulgarian and Romanian nationals from other EU/EFTA nationals have been removed. This means that, along with nationals of other EU/EFTA countries, there are now no quotas for locally hired Bulgarian and Romanian nationals.

This also means that Bulgarian and Romanian nationals who are hired on assignment (i.e. remain on home payroll) will count towards the total quota of EU/EFTA nationals, which will in practice limit the number of places available to nationals of other EU/EFTA countries.

Please note that this legislation is still in a trial period, and if the number of Bulgarian and Romanian nationals increases by more than 10% over the next 12-month period (when compared to the average of the 3 previous 12-month periods), the Swiss authorities are permitted to re-introduce quotas for a maximum of 2 years. Should this be the case, it will not take effect until at least 12 months from now.


EU/EFTA assignees who need to start work in Switzerland before 1 July 2016 should either use the online notification tool or apply for work permits that are not limited by quota - i.e. local hires.

EU/EFTA assignees who seek to start work in Switzerland on or after 1 July 2016 should prepare their applications and submit them as soon as possible, so as to maximise the chance of being accepted as part of the next round of quotas.

Further, employers should also be mindful that the process of securing work permission for Bulgarian and Romanian nationals on assignment will be considerably cheaper and quicker given a local labour market test is no longer required.


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Tanzania

Tanzania have introduced new immigration legislation which includes a new work permit application process, an increase of government fees for work permit applications and a requirement for a succession plan to replace foreign nationals with local hires.

The Short Term Permit (STP) came into force in October 2015 and will replace the Carry on Temporal Assignment (CTA). The STP will be valid for a period of 6 months and will be subject to a fee of 500 USD to the Labour Commission and a further 2050 USD to the Immigration department.

The new legislation has also separated the work permit application from the residence permit application. As a result, applicants should first apply for either a class B or Class C work permit before applying for the residence permit. A fee of 500 USD or 1000 USD will be now be applicable depending on the class of work permit being applied for. There is also an additional fee of USD 2050 payable for the residence permit application.

It should be noted that foreign nationals cannot work in Tanzania until they have obtained both the work permit and

the residence permit. Once obtained, employees should ensure to carry both permits with them at all times.

Whilst a Business Pass can be used for short term assignments for a period of less than 3 months, this does not entitle the holder to undertake any work activities in Tanzania, whether paid or unpaid.

Employers should also note that there is a requirement under the new regulations to report the number of foreign nationals it employs twice a year to Tanzanian immigration officials.


Employers should be aware that there are penalties for non-compliance with immigration regulations. Employers and employees who breach immigration regulations could be subject to a fine of around 4500 USD or imprisonment for a term of up to 2 years.

Thailand

The Ministry of Interior have started imposing stricter sanctions on any foreign national who overstays the validity of their visa.

In addition to airport fines, there will be new temporary re-entry bans which will be proportional to the length of the overstay period. As per the guidelines, the bans will be applied as follows:

If the foreigner surrenders to the authorities:

Period of overstay Period of ban from re-entering Thailand

(staring from the departure date)

More than 90 days 1 year

More than 1 year 3 years

More than 3 years 5 years

More than 5 years 10 years

If the foreigner is arrested and prosecuted:

Period of overstay Period of ban from re-

entering Thailand

(starting from the departure

date)

Less than 1 year 5 years

More than 1 year 10 years


Should you have any employees travelling to Thailand, we recommend that they are advised to pay attention to the validity of their immigration permission and that they closely monitor the time they are spending in the country to avoid any overstays and the associated new re-entry sanctions.

UAE

Effective 27 March 2016, the UAE immigration authorities have implemented an online portal, known as the E-Vision portal, to allow for online submissions of immigration applications for:

i. Dependant permits

ii. Residence permit cancellations

iii. In-country change of status

iv. Visit Visas-Short and Long Term

Please see the online submission guidelines below:

• All applications for immigration related services are to be submitted via the E-Vision portal and no manual requests will be accepted


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• Original Emirates ID and the Passport of the sponsor are required to submit Dependant Entry Permit (DEP) applications online.

• IBAN number of the sponsor's UAE bank account is required for typing the application forms online

• Application will be reviewed and approved by the GDRFA authority-online

• Upon online approval of the applications the Sponsor or the authorised PRO must approach the GDRFA office personally for issuance of physical permits and stamping of the permits on passports.

The Dubai Health Authority (DHA) has recently implemented Phase III of the 2013 provisions on Health Insurance which require health insurance to be mandatory for all residents in the Emirate of Dubai. Accordingly, all residents and visitors are required to obtain health insurance cover on or before 30th June 2016.

New applications and renewals that fail to comply with this requirement will be negatively affected.


Due to this additional step of the requirements for online approval, the overall processing times of applications are

expected to increase slightly.

Foreign nationals who hold UAE employment permit must wait for their Emirates ID to be issued before filing DEP applications for dependants.

This is likely to impact dependant family members arriving in the UAE with on-arrival Visit Visas (30 day stay) issued at the UAE port of arrival as if the sponsor's Emirates ID issuance is delayed, there may be possible overstay fines or the possibility of dependants needing to exit and re-enter UAE to remain in status.

Employers will responsible to obtain the health insurance cards for their employees before their passports are submitted for a residence permit endorsement.

UK

The Home Office have now announced fee increases to visa, immigration, nationality applications and associated premium service fees for 2016/17 which are aimed to limit taxpayer contributions to UK Visas and Immigration services over the next 4 year period. The new legislation also sets maximum levels on the amounts for broad categories of fees that can be charged by the Home Office over the next 4 years. The maximum fees are not going to met in year 2016/17. The immediate proposed fee increases will came into effect on 18 March

2016 and fees for the Isle of Man took effect on 06 April 2016.

The main fee increases that the Home Office are proposing for 2016/17 are as follows:

• 2% increase in visit, study and work visas - a Tier 2 visa for up to 3 years will therefore increase from £564 to £575;

• 25% increase in settlement, residence and nationality applications - an Indefinite Leave to remain application will increase from the current rate of £1,500 to £1,875;

• Further increases to premium services (up to 33%) associated with application fees such as:

attending the Premium Service Centre in person appointment will increase from £400 to £500, fee for submitting applications through the priority service will increase from £300 to £400, and the priority visa processing fee for submitting visa applications under the priority service abroad will increase from £120 to £150 Sponsorship fees such as the renewal of Sponsor Licences and allocation of a Certificate of Sponsorship fee will remain unchanged.


Visa applications over the coming year will likely lead to increased overall immigration costs

through these heightened application fees. Whilst in some cases these changes will be nominal (such as the out of country priority service increase from £120 to £150), businesses should be mindful of the impact the transfer of a larger family to the UK may have on their immigration budget as well as the accumulative increase of all these changes on even a single applicant.

We would advise that consideration of these added costs are taken into account and also that an assessment and overview of each visa application is made in good time to ensure the most cost effective approach to the immigration services you require can be devised.

USA

Further to our alert on the guidance issued by US Customs and Border Protection (CBP) in relation to the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA), the Department of Homeland Security has added Libya, Somalia and Yemen as three countries of concern.


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Individuals who have visited Libya, Somalia and Yemen (in addition to the countries included in our previous alert: Syria, Sudan, Iraq and Iran) since 01 March 2011 are restricted from using the VWP. Unless such individuals qualify for a waiver, they will need to apply for a visa at a US consular post prior to travel. At this time, the restriction on VWP travel will not apply to dual nationals of these three countries.


Individuals travelling to the US, who are not eligible for the Visa Waiver Program under the new guidelines, should plan their travel in advance as they will likely be required to apply for a visa and they would normally have to attend an in-person appointment at a US Consular post.

Venezuela

Since 27 April 2016, Wednesdays, Thursdays and Fridays are considered as non-working days for the public sector and therefore Public Offices, including ministries, registries, notary offices and city halls, will only open on Mondays and Tuesdays. Further, Public Offices are now limiting their working hours to 6 hours a day.

As a result of the changes, we expect significant processing delays for Venezuelan permit applications and document procurement or legalisations.


Employers and foreign nationals should take into account these reduced opening hours and the possible slight delays and extended processing times that may be experienced as a result.


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This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers Legal LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.

© 2016 PricewaterhouseCoopers Legal LLP. All rights reserved. PricewaterhouseCoopers Legal LLP is a member of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.

Documents

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