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IMPACT – MEDIUM
What is the change? Foreign university students have been granted a “blanket administrative extension” that will allow students whose visas are set to expire on or before Dec. 31 to remain in South Africa until March 31, 2017.
What does the change mean? The change will allow affected students to remain in South Africa three months into the new year to complete their studies, as many of South Africa’s universities grapple with student protests that have disrupted class schedules. Affected students do not need to take any action. However, absent any additional extension, they must leave South Africa on or before March 31.
Background: South Africa’s universities have been struck by demonstrations by students protesting the cost of higher education. The demonstrations have disrupted class schedules and, in some cases, final exams have been postponed until after the new year. This would have meant that some foreign students whose visas were set to expire on or before Dec. 31 would have had trouble completing their studies. The Department of Home Affairs responded this week by issuing Immigration Directive No. 25 of 2016 to provide the extension.
BAL Analysis: The extension is designed to make it easier for foreign students to complete their studies without falling out of status. South Africa has also made it clear that those who stay to complete their studies will not be declared “undesirable” upon departure, which would affect their future ability to come to South Africa, provided they leave on or before March 31.
This alert has been provided by the BAL Global Practice group and J Fetting Inc. in South Africa. For additional information, please contact your BAL attorney.
Copyright © 2016 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? The Italian government is proposing to create a new investor visa category and special tax incentives for foreign entrepreneurs.
What does the change mean? Under the investor visa, foreign nationals who invest at least 1 million euros in Italy would be eligible for two-year residence permits (renewable for an additional three years) for themselves and their family members. Foreign entrepreneurs who invest in and move to Italy for at least nine years will be eligible for a flat lump-sum income tax of 25,000 euros per household member and 100,000 euros on income generated abroad.
BAL Analysis: If approved, the new visa will provide an expedited path to residency and access to Europe for foreign investors and their families who are willing to invest in Italy.
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.
IMPACT – HIGH
What is the change? On Thursday, the Home Office announced that the first phase of Tier 2 changes following the Migration Advisory Committee’s recommendations will be implemented between now and April 2017.
What does the change mean? Companies should plan for higher salary thresholds for high-skilled foreign employees and assignees in the Tier 2 (General) and (Intra-Company Transfer) categories and should prepare for the closure of the Tier 2 (Skills Transfer) sub-category. The changes also include giving extra weight to overseas graduates within the Tier 2 (General) quota.
Below are the key changes and implementation dates relevant to business immigration.
Tier 2 (General):
BAL Analysis: The higher salary thresholds will increase labor costs for businesses. Companies should anticipate the additional salary increases in April of next year.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
The United States, the United Kingdom and other countries have warned against nonessential travel to Ethiopia following the government’s declaration of a state of emergency in October.
Key points:
Background: Protesters have been demonstrating in Ethiopia for months. The government declared a state of emergency Oct. 8, and has imposed curfews and placing restrictions on public demonstrations, social media and other communications. People who violate the decree may be arrested or searched without court order.
BAL Analysis: Foreign nationals should seriously consider delaying nonessential travel to Ethiopia until further notice. Those in Ethiopia should exercise caution, especially in areas considered by officials to be particularly dangerous. Companies with personnel in Ethiopia should account for all their employees. U.S. citizens may wish to enroll in the State Department’s Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
A British High Court has ruled that the government cannot trigger procedures to begin withdrawal from the EU without a vote by Parliament. The court rejected the government’s argument that the Crown’s prerogative powers authorize Prime Minister Theresa May to begin Brexit procedures on her own.
The government vowed to appeal to the Supreme Court. In the meantime, the court’s decision blocks May from unilaterally invoking Article 50 of the Lisbon Treaty, which begins formal withdrawal procedures from the EU, and could delay or thwart eventual Brexit negotiations.
The court reasoned that when the U.K. joined the EU, Parliament took the “major step” of passing as primary legislation the 1972 European Communities Act, which transposed EU law into domestic law, and therefore it is “not plausible” that Parliament intended that the Crown be able to unilaterally undo the Act under its prerogative power.
Background: The legal challenge was brought by several U.K. citizens and other interested parties, including EU nationals living in the U.K., who argued that it was unconstitutional for the government to begin withdrawal from the EU without Parliamentary assent. Under Article 50, withdrawal procedures begin when a state formally notifies the EU that it intends to leave. The notification sets off a two-year negotiations period.
The court ruling will further delay the already contentious Brexit proceedings, as European leaders have said that negotiations on the terms of a Brexit deal will not begin until the U.K. triggers Article 50.
The full court decision may be viewed here.
BAL Analysis: Although the ruling is a victory for Brexit opponents, it will be appealed and does not overturn the referendum result. If the ruling is upheld by the Supreme Court, Parliament could potentially vote against withdrawing from the EU, but many Members of Parliament recognize that the democratic consensus is to leave the EU and may instead use their vote in Parliament to gain influence over the terms of the Brexit negotiations. The expectation is that Parliamentary debate would move the government away from a “hard Brexit,” in which free movement rights are cut dramatically, toward a more nuanced relationship with the EU where benefits of the single market are secured through some sort of preferential immigration deal for EU migrants. The spike in the value of the pound immediately following the result suggests that markets have a renewed confidence in the U.K. steering toward a more business-friendly course in the eventual Brexit negotiations.
What is the change? The first decree implementing France’s new Law on Foreign Workers has been released. Processing of all resident permits for the Talent Passport and Intra-Company Transfer (ICT) Seconded Employees categories is now handled outside France by appropriate French consulates. The decree also defines the jobs and activities that are exempt from work permits for up to 90 days.
What does the change mean? High-skilled foreign nationals applying under the new Talent Passport or ICT Seconded Employee categories should anticipate delays as the transition to consular processing takes place. Pending applications filed before Nov. 1 will be processed under previous rules.
Background: The Law on Foreign Workers overhauls resident permit categories and took effect Tuesday.
The implementing decree moves processing of resident permits under the Talent Passport and ICT Seconded Employee categories to French consulates. The Talent Passport category is an umbrella category that includes ICTs (on local contracts), EU Blue Cards, investors, scientists and others. The ICT Seconded Employee category is for managers seconded to a French office of a transnational company.
The decree also designates the following activities as exempt from work permits for stay of up to 90 days:
BAL Analysis: Businesses should anticipate delays for newly filed applications in affected categories. BAL is following the implementation of the new law and will report on additional decrees as details become available.
This alert has been provided by the BAL Global Practice group and our network provider located in France. For additional information, please contact your BAL attorney.
What is the change? The Canadian government this week announced a new Global Skills Strategy that will aim to reduce visa and work permit processing times to no more than two weeks. The government also said it will waive work authorization requirements for some short-term assignments.
What does the change mean? When implemented, the changes could significantly reduce visa processing times and reduce administrative requirements for many foreign nationals traveling to Canada for short-term work.
Background: The Global Skills Strategy was announced in Canada’s Fall Economic Statement 2016, which was released Monday and aimed in part to address the problems the Canadian government says it has had in providing speedy permit processing.
“In too many cases, long processing times for work permits make it difficult for Canadian businesses to attract the talent they need to succeed,” the statement said. “Whether it’s to bring in staff to help train Canadian workers or bring new, international experiences to Canadian companies, once here, these talented workers can drive innovation and help Canadian firms to grow and prosper – leading to more jobs for Canada’s middle class and a stronger economy for all.”
The statement said work permit requirements will be waived for “work terms of fewer than 30 days in a year” in order “to facilitate short-term, inter-company work exchanges, study exchanges, or the entrance of temporary expertise.”
BAL Analysis: While the changes announced this week are welcome news, few details on how they will be implemented were provided. Once more information is provided, it should become clearer how significant the benefits may be.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
What is the change? Canada conducted its 23rd Express Entry draw of 2016 Wednesday, issuing 2,080 invitations to apply. The lowest qualifying score was 472.
What does the change mean? The number of candidates invited to apply for permanent residency was the highest of any draw this year, up again from the last draw. The minimum score decreased slightly to 472 from 475 on Oct. 19.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and have issued just 25,982 so far this year. The number of invitations has increased dramatically in the last two months. Express Entry Draws in 2016:
BAL Analysis: More invitations to apply were issued in Wednesday’s draw than in any draw this year. The increase is consistent with the trend in the past two months toward an increase in the number of candidates invited to apply for permanent residency per draw. The drop in the minimum qualifying score is also positive news for Express Entry candidates, as it was the lowest minimum qualifying score since April.
What is the change? The Russian government has expanded the list of employers who are allowed to hire Turkish nationals.
What does the change mean? The government has exempted designated companies from a ban on hiring Turkish nationals that was implemented in January.
Background: On Jan. 1, 2016, the government placed several restrictions on Turkish nationals, including a ban on Russian employers hiring Turkish nationals who were not already in an employment agreement as of the ban. The Russian government has now expanded the list of companies exempt from the ban. The full list is available here.
BAL Analysis: Employers should continue to track the status of Turkish employees in Russia for work permit expirations. In addition, the ban continues to apply to the visa waiver and thus requires that Turkish nationals obtain a visa to enter Russian territory.
This alert has been provided by the BAL Global Practice group and our network provider located in Russia. For additional information, please contact your BAL attorney.
What is the change? British consulates have been unable to finalize the processing of certain points-based visa applications because their internal points-based system checker is temporarily unavailable. The problem arose Tuesday and appears to be affecting British consulates across the globe.
What does the change mean? Issuance of Tier 2, Tier 4 and Tier 4 (non-YMS) visas may be delayed.
Background: UK officials said in an email that consulates were having problems with their internal PBS checker, which is used to process certain points-based visa applications. The problem appears to be global and not isolated to any particular consulate or region. It remains unclear how long the checker will remain down.
BAL Analysis: Businesses may need to adjust schedules and start dates if delays are prolonged. BAL will continue to monitor the situation and provide additional information as it becomes available.