Eased process set for BOI companies to rehire following work permit cancellation

IMPACT – MEDIUM

What is the change? The Board of Investment’s Single Window System will no longer automatically cancel a job position when the employer files for cancellation of a visa and work permit that remain valid for more than 90 days. But if the position remains valid for less than 90 days, it will be canceled automatically.

What does the change mean? BOI companies may hire a foreign national for the same title and position as that of the canceled work permit without needing to file for a new job position approval, thus reducing the relocation time of the new employee from six to eight weeks to three to four weeks.

• Implementation time frame: Immediate. The change took effect Sept. 3.
• Visas/permits affected: Visas and work permits under BOI.
• Who is affected: All BOI-registered companies.
• Impact on processing times: Companies will save time when refilling a canceled work permit with a new employee as they will not need to file a new “pre-position” approval application, which takes approximately three weeks.

Background: Previously, once a BOI company submitted an application to cancel a visa and work permit, the position approval was automatically removed from the system and the company would need to reapply for approval before filling the position with a new employee.

Companies should note that foreign engineers who are nominated for a job position must possess an engineering degree, and that software, programmer or other IT professionals must submit all certificates related to their field in addition to the educational certificate related to the BOI job title.

Analysis & Comments: The change will ease job mobility by reducing the steps that BOI companies need to take when replacing a former employee and shortening the relocation time for new employees. However, the replacement employee’s work permit and visa will be valid for the same period as the previous position and need to be renewed before its expiration date.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.