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IMPACT – MEDIUM
What is the change? South Africa is introducing sweeping changes to its visa regime, including creating new longer-validity business visas and simplified application processes for business travelers, as well as easing burdensome rules for foreign children traveling to and from South Africa.
What does the change mean? Nationals who are South Africa’s co-members of the BRICS bloc (Brazil, Russia, India, China) and African countries are now eligible for 10-year, multiple-entry business visas. Frequent business travelers from other countries may be eligible for three-year, multiple-entry visas. Applications may now be sent by courier, as biometric data will now be submitted on arrival in South Africa instead of during the application process.
Background: Minister of Home Affairs Malusi Gigaba announced the eased visa rules at a press briefing Tuesday in Pretoria. The changes are intended to make it easier for business travelers, tourists and academics to come to South Africa.
In addition to expanding visa waivers, and relaxing requirements for BRICS and African nationals, regulations will be eased requiring documentary proof for foreign minors traveling to South Africa. Instead of requiring that all foreign minors carry documentation proving parental consent to travel, such documentation will be recommended. Immigration officials will only insist on documentation in high-risk situations and will give travelers who lack the documents an opportunity to prove parental consent. South African children must still provide proof of parental consent to leave the country.
South Africa has been working to expand its visa-waiver program and simplify application processes, focusing on both African and BRICS countries. This has resulted in visa waivers being extended to nationals of both the Russian Federation and Angola in 2017, as well as the new longer-validity visa options.
An e-visa program will be piloted in New Zealand by April 2019 before being rolled out to other locations.
Analysis & Comments: South Africa is currently attempting to pull its economy out of recession. The recent changes to migration processes are connected to an effort to attract both business travelers and tourists through streamlined procedures. The implementation of the changes regarding biometrics is expected to expedite both the visa application process and wait times at border checkpoints.
The upcoming e-visa will further simplify the application process for eligible tourists and business travelers. Authorities are expected to train immigration officers on eased regulations for foreign minors in time for expatriate families to travel during the Christmas and New Year holiday travel season.
As South Africa continues reviewing its visa regime with other African countries, it is likely that travel restrictions with Nigeria, Kenya, and Uganda will be eased. Visa waivers will likely soon be extended to nationals of Algeria, Bahrain, Belarus, Cuba, Egypt, Georgia, Ghana, Iran, Kuwait, Lebanon, Morocco, Oman, Palestine, Qatar, Sao Tome and Principe, Sahrawi-Arab Democratic Republic, Saudi Arabia, Tunisia, and the UAE.
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.
IMPACT – LOW
What is the change? Ukraine and Georgia have approved a new travel agreement making it easier for those with Ukrainian IDs to travel to Georgia for short-stay tourism and business trips. Also, Ukraine and Uruguay have agreed to move to a visa-free travel arrangement.
What does the change mean? Georgian and Ukrainian nationals may soon travel to each other’s countries using only a Ukrainian internal ID for short-stay tourism and business trips. The two countries have had a visa-free travel arrangement since 1999.
Uruguayan and Ukrainian nationals may soon travel to each other’s countries for tourism and business trips of up to 90 days within a 180-day period without having to obtain a visa prior to travel.
Background: Earlier this year, Ukraine established visa-free agreements with Antigua and Barbuda and the United Arab Emirates. In addition, Ukraine has signed amendments to its visa-free agreement with Serbia to extend visa-free stays from 30 days to 90 days, but the changes have not been enacted. Ukraine launched its e-visa program for nationals of 46 countries in April. E-visas are valid for tourism or business purposes for a single entry of up to 30 days. The Ukrainian visa-on-arrival program is available to nationals of 32 countries (30 of which are also eligible for e-visas), is only available at certain airports, and has the same requirements as the e-visa program, including a document that confirms the purpose of travel, such as an invitation letter from the hosting entity. Visas-on-arrival may be granted only for certain purposes, including tourism or business, for a single entry of up to 15 days.
Analysis & Comments: When enacted, the agreements will ease travel for Ukrainian nationals traveling to Uruguay and Georgia and for Uruguayan and Georgian nationals traveling to Ukraine.
U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin implementing its policy on the issuance of ‘Notices to Appear’ in cases involving inadmissible and deportable foreign nationals on Oct. 1, and will take an “incremental approach” to its implementation.
The policy memo was issued June 28 and establishes when a Notice to Appear, or NTA, will be issued to individuals whose petition or application with USCIS is denied. The NTA is a document USCIS issues as the first step in deportation proceedings that instructs the recipient to appear before an immigration judge. USCIS announced the new policy in July but then delayed its implementation.
Key points:
Additional information on the teleconference is available on the Upcoming National Engagements page. USCIS will provide updates and information on the implementation of this policy memo on its new Notice to Appear Policy Memorandum page.
BAL Analysis: BAL is closely monitoring the implementation of this policy and will provide additional analysis following tomorrow’s teleconference.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Immigration New Zealand has lengthened the validity period of interim visas, which are granted to employees whose applications to extend their status are still pending while their current visa is nearing expiration.
What does the change mean? Interim visas will be valid for 21 days after an application is denied or withdrawn, or for six months if a decision has not been made on the application.
Background: Interim visas are granted at the discretion of INZ if an individual’s visa is about to expire and the application for another temporary visa has not been decided. Employees who are granted an interim visa while their application for a further work visa is pending may be eligible to continue working on the interim visa if the job is in the same position, for the same employer and in the same location as their current visa. Additional information on the terms of each type of interim visa is available here.
Under the new policy, the interim visa starts from the day after the current visa’s expiration date, and expires upon approval of the application, 21 days after a denial of the application, or six months if a decision has not been made. Previously, interim visas expired as soon as a decision was made on the application or six months after the interim visa was first granted, making its holder unlawful the day after their visa extension was denied.
Analysis & Comments: The new policy gives employees who are denied a work permit extension three weeks of additional time to determine their options while continuing to work in their current position.
Licence No: 201501694 (New Zealand)
What is the change? In an effort to attract critical skills and talent, the New Zealand government has announced that it will be providing new paths for international students to obtain work authorization post-study.
What does the change mean? The changes are intended to attract high-skilled talent and will be beneficial to international students who plan to study in New Zealand or who are currently studying in New Zealand. The changes are intended to encourage international students to remain in New Zealand after study and facilitate work authorization without employer assistance.
Background: Following a period of public comment and consultation, the New Zealand government announced on Aug. 8 that it will implement changes for foreign students’ post-study work visas. Post-study work authorization for foreign students will no longer require employer assistance or sponsorship at all visa levels, which will allow students work authorization portability and the ability to change employers with greater ease.
Other key changes will include one-year post-study open work visas for Level 4-6 students and non-degree level 7 qualifications. Students outside of Auckland may benefit from a two-year open-study work visa for Level 4-6 and non-degree level 7 qualifications (provided study is completed by December 2021, at which point the benefit will revert to a one-year post-study open work visa). Graduate diploma recipients working toward registration with a professional or trade body may be eligible for an additional year of work visa validity.
Degree students, Level 7 or above, may be eligible for a three-year post-study work visa. Further, partners of students will be eligible for open work visas in their own right and children will be eligible to attend fee-free domestic schooling, provided that the foreign student is at Level 8 qualifications in areas specified on the Long Term Skills Shortage List.
Analysis & Comments: Foreign students as well as employers will benefit from recent changes to post-study work visas and should look into eligibility and benefits depending on student level and location. The most notable change is that students will no longer require employer assistance for post-study work visas, which will provide students and employers flexibility in post-study work authorization. For a better understanding of how these changes may impact post-study work visas, a summary of current regulations and the impending changes is available here.
What is the change? Singapore will introduce enhanced privacy regulations aimed at prohibiting businesses from collecting, copying or disclosing personal ID numbers—including National Registration Identity Cards (NRIC) numbers, Foreign Identification Numbers (FIN) and work permit numbers—unless required by law.
What does the change mean? Businesses face fines of up to 1 million Singapore dollars (about US$732,000) for violating the laws on personal data protection.
Background: The NRIC contains a permanent ID number issued to Singapore citizens and permanent residents, and FIN are issued to foreign workers. These numbers can be used to track personal information including home address, salary, medical details and property ownership. NRIC numbers are commonly requested for routine activities such as signing up for memberships, purchasing and renting items, and entering buildings.
Analysis & Comments: The new rules are intended to protect individuals against identity theft and fraud. Businesses that routinely collect personal ID numbers for purposes other than those required by law should develop policies for requesting and collecting alternative personal identifiers by the compliance deadline of Sept. 1, 2019.
What is the change? The Ministry of Manpower has removed the requirement that employers endorse forms with a company seal.
What does the change mean? Employers sponsoring foreign workers for all types of work passes can ignore the “company stamp” field on MOM forms (such as in-principle approvals, local sponsor forms, amendments of personal particulars, and others) while the agency updates its forms to remove the field.
Analysis & Comments: Companies sponsoring foreign workers have one less step in the endorsement process, thus reducing overall administrative completion time. Employers should note that signatures from an authorized signatory are still required on MOM forms.
What is the change? The Bureau of Immigration has issued a notice regarding contingency plans for the current shortage of 9(a) temporary visitor visa extension stickers, also known as “TV stickers.”
What does the change mean? Employees are urged to keep track of their official receipts for proof of 9(a) temporary visitor visa extensions.
Background: On Aug. 20, the Bureau of immigration released a notice regarding the shortage of 9(a) temporary visitor visa extension stickers. The government recommends that temporary visitor visa extension applicants should safeguard official temporary visitor visa extension receipts and present them when applying for additional temporary visa extensions, when departing the Philippines, and for any other immigration transaction where a temporary visitor visa extension sticker might be needed. Furthermore, the “TV Sticker” fee of 100 Philippine pesos (about US$1.84) will be suspended until further notice.
Analysis & Comments: The Bureau of Immigration’s contingency plan should ensure that the temporary visitor visa shortage will have minimal impact on employees or businesses in the Philippines. Employees are urged to keep copies of their temporary visitor visa extension application receipts.
The Department of Homeland Security released a draft regulation Saturday that establishes the standards the agency will use to apply the “public charge” ground of inadmissibility. The proposal defines public benefits that, when used, could make immigrants ineligible for a visa or a permanent resident card (green card). The draft regulation also proposes a new, complex calculation that includes factors used for determining whether applicants are likely to become a public charge and gives adjudicators greater discretion in making that determination.
The full proposed rule as published on the DHS website may be viewed here.
BAL Analysis: The proposed regulation has not yet been published in the Federal Register. There will be no change in law until a final regulation becomes effective, which will not happen for at least four months. Once DHS publishes the proposed rule—which is expected in the coming days or weeks—a 60-day period will follow during which businesses and individuals are encouraged to submit their comments to the government. The agency is then required to review all comments before publishing a final regulation. The final regulation will likely take effect 60 days after it is published. The complicated, novel, and controversial nature of some of these provisions make a court challenge likely if this moves to a final rule. BAL is continuing to review the proposal and will provide additional guidance regarding its potential impact.
What is the change? In-country immigration processing of work permits and residence permits is experiencing significant delays. The recent increased influx of Venezuelan and Haitian nationals has increased demand on immigration services and lengthened timelines for immigration processing.
What does the change mean? Visa applications processing, which in the past took between four to eight weeks, is now taking up to eight months. In addition, provisional work permits granted during the processing of the visas are taking up to three months to be issued from the date the main visa is filed. As a result, employees who travel to Chile on a temporary tourist visa (valid for 90 days) and file their visa application in-country may not have a decision on their work permit application before their tourist visa expires. Employers should consider whether to file visa applications at a Chilean consulate abroad instead and await approval before the employee travels to Chile.
Background: Foreigners are not permitted to work without a work permit or work visa. However, Chilean immigration regulation allows foreign individuals to enter on a tourist visa or visa waiver and apply for a Special Work Permit for Tourists in-country; this allows them to work legally, register on local payroll and obtain a provisional Chilean ID while their visa and provisional work permit application is pending with immigration authorities. However, the tourist work permit is valid for only 30 days—or until the person leaves the country—and can be renewed as long as they have a valid tourist card. The tourist card is valid for 90 days with a possible extension of another 90 days. The current delays in immigration process may mean that employees will be required to renew their Special Work Permits for Tourist several times until the provisional work permit is issued and the visa is approved.
Analysis & Comments: Individuals coming to Chile should consider whether they prefer to apply for a work visa at a Chilean consulate prior to their coming to Chile rather than do it in-country and face delays and expensive government fees. The consular processing entails greater documentary requirements, but processing times are significantly shorter (30 days) than in-country processing (eight months).