IMPACT – MEDIUM

What is the change? The online work permit application system that piloted in April will become mandatory July 1, starting in Hanoi and then in other provinces in coming weeks.

What does the change mean? Under the new system, applicants must apply for work permits on the government’s online portal and must use an e-signature authenticated by the company’s authorized signatory.

  • Implementation time frame: July 1, in  Hanoi. Dates are yet to be confirmed for other provinces.
  • Visas/permits affected: Job position approvals, work permits, work permits renewals, work permit exemptions.
  • Who is affected: Companies applying for work permits in July and thereafter.
  • Impact on processing times: Processing times are expected to be shortened from seven working days to five for work permits, and from 15 working days to 10 for job position approvals.
  • Next steps: Companies should apply for an online account and e-signature if they have not already.

Background: The system, which is intended to streamline processes, was piloted in several provinces in April with the target date of July 1 for nationwide implementation.

BAL Analysis: The online process should improve the overall timelines and application procedures, although there may be some initial delays during the transition. For the time being, the Ministry of Labour, Invalids and Social Affairs is requiring applicants to produce original copies of supporting documents, which will be checked against the electronic copies submitted online, before they may collect their permits.

This alert has been provided by the BAL Global Practice group and our network provider located in Vietnam. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

IMPACT – MEDIUM

What is the change? The Bureau of Immigration has said it will not process applications to cancel Alien Certificate of Registration Identity Cards (ACR I-cards) unless corresponding visas have been downgraded.

What does the change mean? Foreign nationals leaving the Philippines (or cancelling their ACR I-cards for other reasons) will be required to cancel or downgrade their visas to visit visas before they can cancel their ACR I-cards. This could add to the time it takes for foreign nationals, in particular those on work visas, to leave the Philippines. The rule does not apply to ACR I-cards issued to tourist visa holders.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: ACR I-cards with corresponding visas that are still valid or have not been downgraded, not including ACR I-cards issued to tourist visa holders.
  • Who is affected: Visa holders cancelling their ACR I-cards while their visas are still valid or have not been downgraded.
  • Impact on processing times: The change will add an administrative step that could add to the time it takes for foreign nationals, in particular those on work visas, to leave the Philippines.
  • Next steps: BAL and its network partner in the Philippines continue to seek clarification from the Bureau of Immigration about the scope of the new rule, including whether it will apply to long-term visit visa holders.

Background: ACR I-cards are identification cards that contain personal information, including biometric data. The cards are used as re-entry permits, but do not replace the need for passports or visas when required. Work visa holders are required to cancel their ACR I-cards when they complete an assignment in the Philippines. They are supposed to cancel their visas upon leaving as well, but under the change they will not be able to cancel their ACR I-cards without first canceling or downgrading their visa to a visit visa.

BAL Analysis: The change could add to the time it takes for some work visa holders to leave the Philippines upon completion of an assignment. BAL continues to seek information about the scope of the new rule, including whether it will apply to long-term visit visa holders as well as work visa holders.

This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

IMPACT – MEDIUM

What is the change? The Swiss canton of Neuchâtel has instituted a requirement that non-Swiss nationals provide an original long-form birth certificate, as well as a marriage certificate or related document when registering with local authorities.

What does the change mean? Foreign nationals registering with local authorities upon moving to Neuchâtel should be prepared to provide the appropriate document (see chart below) when completing their registration processes.

  • Implementation time frame: The change was implemented April 1.
  • Visas/permits affected: All permits types, including B, C and L permits.
  • Who is affected: EU and non-EU nationals moving to Neuchâtel, including B, C and L permit holders and dependents. The change also applies to non-Swiss nationals moving from another Swiss canton to Neuchâtel. People changing addresses within Neuchâtel are not affected.
  • Impact on processing times: Registrants who do not have the appropriate documentation could be refused registration.
  • Business impact: Businesses should take note of the change and advice prospective employees accordingly.

Background: Switzerland requires foreign nationals who move to the country to register with local authorities within 14 days of their arrival and before they begin working. The April 1 change requires registrants to provide one of the following documents:

Marital Status Required Document
Single Long-form birth certificate
Married Marriage certificate or family booklet
Divorced Divorce certificate or family booklet
Widow/Widower Spouse’s death certificate or family booklet

Other required documents include copies of employees’ Swiss work contracts and original passports and two passport photos (for EU nationals only, as non-EU nationals are required to provide biometrics). In addition, employees must provide documentation confirming the employees’ arrival date and address in Neuchâtel (e.g., a copy of an apartment lease). Required certificates must be accompanied by a translated copy in English, French, German or Italian, if the original is in another language.

BAL Analysis: BAL is not aware of any other cantons that have instituted a similar requirement. Employers in all cantons should work with BAL, however, to ensure foreign employees are prepared for their registration appointment no matter where in Switzerland the employee and his or her dependents are registering.

This alert has been provided by the BAL Global Practice group and our network provider located in Switzerland. For additional information, please contact your BAL attorney.

Copyright © 2017 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

IMPACT – MEDIUM

What is the change? Malaysia’s e-visa program is now available for business travelers. The program covers nationals of 10 countries – Bangladesh, Bhutan, China, India, Montenegro, Myanmar, Nepal, Pakistan, Serbia and Sri Lanka.

What does the change mean? E-visas are valid for a single entry for 30 days. While they may be used for business purposes, travelers are advised that because the change is recent, there may be some uncertainty. Therefore, they should continue to apply for consular visas unless they are traveling on an urgent basis.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: E-visas.
  • Who is affected: Nationals of the 10 countries covered by Malaysia’s e-visa program.
  • Business impact: Business travelers may use the e-visa for limited business activities.
  • Next steps: The e-visa application is online. Those applying for a business e-visa must select “e-VISA”not “e-NTRI,” which is only for tourists.

Background: Recently, Malaysia confirmed that e-visas may be used by business travelers. Permitted activities on a business e-visa, as with a consular business visa, are limited to:

  • Visiting a current project site or factory floor for informational purposes with no hands-on work.
  • Attending contract discussions.
  • Attending seminars.
  • Auditing company accounts.
  • Journalism.
  • Factory inspections.
  • Carrying out investment opportunity surveys.
  • Sport competitions.

BAL Analysis: E-visas are often subject to greater scrutiny at Malaysia’s entry ports, and because the business e-visa is a recent change, applicants are advised that the safest option is to apply for a consular visa if possible and apply for an e-visa only for urgent travel.

This alert has been provided by the BAL Global Practice group and our network provider located in Malaysia. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

IMPACT – MEDIUM

What is the change? The Economic Community of West African States has agreed in principle to admit Morocco as the bloc’s 16th member.

What does the change mean? Once membership is approved, Moroccan nationals will enjoy free movement within the bloc. Details must be worked out before Morocco’s ECOWAS membership becomes official.

  • Implementation time frame: Ongoing.
  • Who is affected: Moroccan nationals and nationals of the current 15 ECOWAS countries.
  • Business impact: ECOWAS’s acceptance of Morocco as a member would provide significant business benefits for Moroccan nationals and Moroccan companies, as they would enjoy free movement and free trade within the bloc.
  • Next steps: ECOWAS officials said they must fully consider the implications of Morocco’s membership before the country may formally join.

Background: ECOWAS is a trading bloc in West Africa with 15 current members:  Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. Morocco applied to join the bloc after rejoining the African Union in January. In addition to Morocco, Mauritania is hoping to rejoin ECOWAS, and Tunisia is seeking observer status with the organization.

BAL Analysis: Morocco’s membership in ECOWAS would benefit Moroccan companies and business travelers. It would also signal Morocco’s continued interest in building ties with other African nations after focusing for years on developing relations with European countries.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

IMPACT – MEDIUM

Brexit negotiations are set to begin Monday between U.K.’s Brexit Secretary David Davis and the EU’s Brexit negotiator Michel Barnier while a political cloud hangs over Prime Minister Theresa May in the U.K.

The meeting will set out the structure of talks to follow in months to come, and will focus on the rights of EU nationals in the U.K. and vice versa, the financial settlement and other issues related to the divorce. The EU’s position is that the separation agreement must be resolved before future trade relations can be discussed. According to the BBC, EU officials have said that the U.K. has agreed to this approach, but Davis is not budging on wanting divorce and trade talks to occur simultaneously.

An early resolution on citizens’ rights would provide certainty to the more than 3 million EU citizens currently living and working in the U.K. and more than 1 million Britons living in the EU.

At home, May’s political future is uncertain. Following a shocking election defeat, she is in negotiations to form a fragile government with Northern Ireland’s Democratic Unionist Party. Blamed for running a lackluster campaign that failed to connect with ordinary voters, May now faces criticism for not meeting with victims of an apartment building fire in West London that killed more than a dozen residents last week, and her budget cuts are being scrutinized as a possible contributor to unsafe conditions leading to the fire.

Meanwhile, Conservative MP Brandon Lewis has been appointed Minister of State for Immigration for the new U.K. government. Having originally opposed Brexit, he is now a supporter of May and voted against unilaterally guaranteeing the rights of EU citizens to remain in the U.K. He reiterated that May has vowed to reduce net migration to the tens of thousands but has refused to say whether he agrees with the pledge, according to British media.

BAL Analysis: While the U.K. government’s priorities will become clearer by the end of June when the Queen’s Speech lays out the new government’s priorities, the Conservatives’ minority government is expected have a weakened hand in negotiations. It is hoped that an early decision will be made on the rights of EU nationals already living in the U.K. or arriving ahead of Brexit, to give much needed certainty to individuals and employers alike.

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.

Copyright © 2017 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.

IMPACT – MEDIUM

A strike by workers in the Department of Home Affairs appears to have been averted after the DHA and a union representing the workers reached an agreement on a working-hours dispute.

Key points: 

Workers had planned to launch a strike on June 19, but the National Education, Health & Allied Workers’ Union (Nehawu) said Friday it had reached a settlement with the government. Union leaders said they will brief workers on the agreement Monday morning.

It appears that normal operating hours and immigration services will continue for the foreseeable future. A strike likely would have caused significant delays at airports and to in-country immigration services.

Background: As BAL reported earlier this month, the dispute stemmed from the DHA’s decision to adjust employee shifts when it changed its offices’ hours in 2015. The sticking point for the union was that workers were asked to cover Saturday shifts, adding an extra work day to their schedules even though, according to the DHA, employees were still on a 40-hour work week. Nehawu said in a Facebook post Friday that the government agreed to withdraw the 2015 policy and that “workers will revert back to the working conditions that were applied prior to the introduction of the imposed new working hours” in 2015. A statement posted on DHA’s website said that agency officials would brief the media on Saturday about “the settlement agreement reached between the parties.” 

BAL Analysis: A strike would have caused significant disruption to travel and immigration services, and news of the agreement is a welcome development.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

President Donald Trump ordered new travel and trade restrictions with Cuba on Friday, but stopped short of rolling back all of the Obama administration’s efforts to open up relations with the country.

Key points:

  • Obama-era regulations allowing commercial flights to Cuba will not be changed, but Trump reinstated a requirement that “people-to-people” visits must be led by regulated tour groups. Individual tourist travel remains off limits.
  • Trump will also prohibit business transactions with Cuba’s Armed Forces Business Enterprises Group, a conglomerate tied to the Castro regime. However, exemptions will be made for air and sea travel, according to numerous media reports.
  • Trump will not cut diplomatic ties with Cuba, and the embassy in Havana will remain open. The administration is also leaving in place Obama’s move to end visa-free residency for Cubans.

BAL Analysis: President Trump signaled during his campaign that he would take a harder line on Cuba than Obama did. While he announced changes that will take some forms of travel and business transactions off the table, he did not reverse all Obama-era changes. The restrictions Trump did order will not take immediate effect, but will be implemented once the Department of the Treasury and Department of Commerce promulgate the relevant regulations.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

Copyright © 2017 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.

IMPACT – Medium

What is the change? The Ministry of Manpower (MOM) and the Directorate General of Immigration (DGOI) have announced the holiday schedule and office closures for the Hari Raya Idul Fitri celebration at the end of Ramadan.

What does the change mean? Employers should plan for the holiday schedule to avoid delays in processing.

  • Implementation timeframe: June 20 – July 4.
  • Visas/permits affected: All MOM and DGOI services.
  • Who is affected: Foreign nationals applying for visas and permits in Indonesia.
  • Impact on processing times: Applicants may face delays in the process if they do not meet submission deadlines.

Background: In addition to the holiday dates, MOM has also confirmed the following deadlines.

Deadline Action
June 20 Last day to submit applications
June 22 Applications completion by MOM
July 4 Counters and online systems resume receiving applications

Meanwhile, DGOI (and local Immigration offices) announced a separate holiday closure schedule.

June 22 Half-day schedule
June 23 – July 23 Offices closed in celebration of Hari Raya Idul Fitri
July 3 Counters/Online system resume receiving applications

BAL Analysis: Employers should factor in the holiday schedule and filing deadlines when planning business schedules and start dates for employees.

This alert has been provided by the BAL Global Practice group and our network provider located in Indonesia. For additional information, please contact your BAL attorney.

Copyright © 2017 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.

IMPACT – LOW

What is the change? The Italian government has imposed new residence permit filing fees.

What does the change mean? Effective June 9, applicants have to pay additional filing fees ranging from €40 to €100, depending on the type of permit and validity period.

  • Implementation time frame: Immediate and ongoing. The changes will be applied retroactively by most immigration offices, meaning that fees will be attached to pending applications as well as new applications.
  • Visas/permits affected: All residence permits, including EC residence permits for long-term residents and intracompany transfer permits.   
  • Who is affected: Employers and foreign nationals applying for residence permits.
  • Business impact: Companies may need to adjust their budgets slightly to account for the new filing fees.

Background: The new fees were put in place after the European Court of Justice ruled that Italy’s previous, higher filing fees violated EU regulations. Filing fees were temporarily abolished, reintroduced and then abolished again. They have now been introduced again, but at lower rates. The fees will be as follows:

Permit Type Filing Fee
Residence permits valid for three months to one year €40
Residence permits valid for one to two years €50
EC residence permit for long-term residents, ICT permits €100

Italy’s €76 fixed fee for all residence permit applications will also remain in place.

BAL Analysis: Employers and non-EU nationals applying for residence in Italy should take note of the new fees and plan accordingly.

This alert has been provided by the BAL Global Practice group and our network provider located in Italy. For additional information, please contact your BAL attorney.

Copyright © 2017 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.