IMPACT – LOW
What is the change? Following a foiled gun attack on a French train Sunday and a sustained surge of Mediterranean refugees, European leaders are renewing calls to place border controls on travelers in the Schengen area.
What does the change mean? European leaders are meeting to discuss changes ranging from identity and luggage checks to bringing back full national border enforcement.
- Implementation time frame: Ongoing.
- Visas/permits affected: Changes to policy could have implications for Schengen visas for non-EU nationals and visa-free movement for EU nationals, and applications may take longer to process.
- Business impact: New policies could slow travel at borders and potentially require additional processing for individual countries.
Background: Talk of reintroducing controls resurfaced in May with the refugee crisis and is receiving renewed interest after a gunman was thwarted on a high-speed train from Amsterdam to Paris.
Belgian Prime Minister Charles Michel called for a meeting with ministers from Germany, France and the Netherlands. “The Schengen Agreement is important for our economy and our citizens, but we are now faced with new threats in Europe and so we’ll maybe have to move towards new rules in identity and baggage checks,” Michel said.
However, imposing border restrictions would violate the core of the 26-country Schengen free-movement regime. European Commission spokesperson Christian Wigand said at a press conference that “freedom of movement is a fundamental European right – this is non-negotiable.” Under the Schengen agreement, member states may institute police checks as long as they do not amount to systematic border controls, he added.
BAL Analysis: Travelers in the Schengen area should expect the possibility of heightened security or stricter rules in the future.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
What is the change? The European Commission has extended the deadline for employers and other immigration stakeholders to comment on potential changes to the EU Blue Card scheme.
What does the change mean? The commission will now accept comments and recommendations on reforms to the Blue Card scheme until Sept. 30.
- Implementation time frame: Now until Sept. 30.
- Visas/permits affected: EU Blue Card.
- Who is affected: Companies hiring non-EEA high-skilled employees under the Blue Card scheme.
- Business impact: Employers and others have the opportunity to weigh in before the commission recommends changes to the scheme.
- Next steps: Those interested in commenting may contact a BAL professional or submit comments directly to the commission using the online form.
Background: In May, the European Commission issued a migration agenda containing business migration proposals that include boosting the popularity of Blue Cards and giving Blue Card holders greater cross-border EU access. The commission is seeking opinions from employers of all sizes, organizations and non-EU workers living outside or within the EU.
The initial deadline for public comments was Aug. 21.
BAL Analysis: The commission’s initial agenda has indicated a possible expansion of the EU Blue Card, but its recommendations on the future of the scheme may be influenced by public comments from business and other interests.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
What is the change? The European Union’s visa information system will be rolled out in Russia in September.
What does the change mean? Russian citizens applying for Schengen visas will be required to submit biometric data, including fingerprints and digital photos.
- Implementation time frame: Sept. 14.
- Visas/permits affected: All types of visas for the Schengen area.
- Who is affected: Russian nationals applying for Schengen visas.
- Business impact: The system will make Schengen visa issuance more efficient and uniform, but will require an initial appointment for biometric capture.
- Next steps: Russian applicants should prepare to appear at the appropriate Schengen country’s embassy or consulate as part of their visa application process.
Background: The visa information system unifies visa procedures for Schengen countries and is already in effect for visa applicants at Schengen member countries’ embassies and consulates in much of Asia, Africa and the Middle East. In October, it was announced that Russia would be included in the program sometime this year.
BAL Analysis: Russian applicants should plan for the extra step required when applying for Schengen visas.
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.
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.
IMPACT – LOW
What is the change? On June 30, 2015, Croatia’s first transitional phase of accession to the European Union ended, and member countries that did not already allow Croatians free movement and access to the labor market were required to decide whether to extend restrictions on Croatian nationals.
What does the change mean? As of July 1, Belgium, Cyprus, France, Germany, Greece, Italy, Luxembourg and Spain have removed work permit restrictions on Croatian nationals, allowing them full access to their labor markets. Countries that will maintain restrictions on Croatian workers for another three years are Austria, Malta, the Netherlands, Slovenia and the United Kingdom.
- Implementation time frame: July 1 and onward.
- Visas/permits affected: Work permits, residence permits.
- Who is affected: Croatian nationals and companies recruiting them in the restricted countries.
- Impact on processing times: Work permit processing will be eliminated in all but five remaining EU countries.
- Business impact: Companies bringing Croatian nationals to most of Europe will not need to fulfill work permit criteria and regulations.
Background: Croatia joined the EU on July 1, 2013 under agreements that allowed individual member states to decide whether to keep or remove work permit restrictions on Croatian nationals during transitional phases. The first phase has just ended and as of July 1, Croatians may work freely in all countries except Austria, Malta, the Netherlands, Slovenia and the U.K., which will maintain individual work and residence permit schemes.
BAL Analysis: Employers will have to continue to observe work permit regulations for Croatian employees in the five EU countries for another three years.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – LOW
The Greek debt crisis that may force the country to exit the Euro single currency and the European Union as a political entity would have serious consequences for the free movement of Greek nationals, throwing into confusion the status of Greek migrants looking to travel and work within the Eurozone, and for Greek nationals already working in Europe.
As EU members, Greek nationals and their family members currently have the right to free movement into any country within the EU for work, study or to live as self-sponsored individuals, without being subject to work permits or visas. After five years of residency in another EU member state, Greek nationals automatically become permanent residents.
These freedoms are now under threat.
Tonight at midnight, Greece’s €1.6 billion loan repayment to the International Monetary Fund became due and the bailout from the EU expired. Barring a last-minute deal, Greeks are set to vote in a referendum on Sunday as to whether to accept another EU bail-out and the austerity measures that the money is conditioned upon. EU leaders have warned voters that a “no” vote would constitute a rejection of membership in the single currency and would mean Greece would be the first member state to leave the EU. Meanwhile, Greek banks have closed for the week and ATMs have limited how much money can be withdrawn. Visitors to Greece have been warned to carry cash and take out travel insurance in case their flights or accommodations are canceled. While foreign bank accounts are not affected, travelers should be aware that the availability of ATM and credit services is now limited.
Should the “Grexit” take place, each EU member state will decide its own policy on Greek migrants. In the past, British Prime Minister David Cameron has said Greek nationals may be prevented from entering the U.K. should the Greek economy collapse. In 2012, Cameron told MPs that he is prepared to exercise legal powers to abandon existing EU obligations and stop potential mass migration of Greek nationals into the U.K.
At this stage, it is unclear whether member states possess legal grounds to remove Greek nationals and their family members who are already exercising rights of free movement in EU member states, particularly those who do not have settled status. Greek nationals could be vulnerable to differing political and legal attitudes throughout the EU and cannot assume their current basis for working or living in another EU country would be maintained.
BAL Analysis: While the impact on migration is speculative, the situation is in flux and BAL recommends employers consider immigration implications for Greek national employees if the Grexit occurs.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
What is the change? The European Commission is opening up a public consultation on the future of the EU Blue Card as the first step in implementing the business-immigration proposals contained in the Commission’s migration agenda.
What does the change mean? Employers and other stakeholders are invited to submit their ideas on how to improve economic migration, address skills shortages and attract more applicants to the Blue Card program.
- Implementation time frame: The comment period runs from May 27 to Aug. 21.
- Visas/permits affected: EU Blue Card.
- Who is affected: Companies recruiting and employing non-EEA skilled migrants.
- Business impact: Changes to the Blue Card and other categories of economic migrants from both within and outside the EU will impact the ability of businesses to move their workforce into and around the EU.
- Next steps: Companies, expatriate employees and assignees, and other interested parties may wish to submit comments via the European Commission’s online comment form.
Background: Two weeks ago, the European Commission issued a migration agenda that projected a growing need for skilled migration to sustain an aging EU population. The agenda proposed to overhaul the EU Blue Card program by boosting the number of Blue Cards issued and easing movement within the EU for Blue Card holders.
The Commission is now seeking comments from the public, including employers of all sizes, business associations, non-EU migrant workers, and entrepreneurs outside the EU or already legally residing in the EU.
“This new policy on legal migration should help the EU address specific skills shortages and become a more attractive destination for talented workers and entrepreneurs who are willing to invest in Europe,” the Commission said. “In addition, the specific section on the EU Blue Card intends to gather opinions on how the shortcomings of this scheme can best be addressed, and how it can be made more effective and attractive.”
The Blue Card program has not garnered widespread interest; in the first two years only 16,000 cards have been issued and more than 80 percent were issued by a single country (Germany).
BAL Analysis: Employers, organizations and individuals interested in commenting must fill out an online form, read the privacy statement and submit comments by mail or email to the European Commission’s Directorate-General for Home Affairs.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
What is the change? The European Commission’s migration agenda, released last week in response to the Mediterranean refugee crisis, also contained proposals to review and expand the European Union Blue Card program for third-country economic migrants.
What does the change mean? The agenda recommends overhauling the Blue Card scheme to better attract talent to Europe by improving the opportunities for holders of the cards to move within the EU and increasing the number of Blue Cards issued.
The agenda also contemplates creation of a visa category for individuals providing short-term skilled services to businesses and government.
What the Migration Agenda said: As part of a multipronged effort to reduce illegal migration, the agenda also called for a new policy on legal migration. “The next step should be an attractive EU-wide scheme for highly qualified third-country nationals,” the agenda said. “By the end of May, the Commission will launch a public consultation on the future of the Blue Card Directive.”
The Commission noted that in the first two years of the Blue Card scheme, only 16,000 of the cards have been issued (13,000 by a single member state).
According to the agenda, the Blue Card scheme will be reviewed to find ways to “make it more effective in attracting talent to Europe” and to consider “issues of scope such as covering entrepreneurs who are willing to invest in Europe, or improving the possibilities for intra EU mobility for Blue Card holders.”
The agenda also pointed to the services sector as an area of important economic impact that will be under consideration. “The services sector includes well-trained, highly-skilled foreign professionals who need to travel to the EU for short periods in order to provide services to businesses or governments. The Commission will assess possible ways to provide legal certainty to these categories of people, also in order to strengthen the EU’s position to demand reciprocities when negotiating free trade agreements (FTAs),” the agenda said.
In furtherance of the agenda, the Commission will promote permanent dialogue and peer evaluation on issues where a decision by one member state impacts other members. The Commission will also seek input from business stakeholders, trade unions and other social partners.
BAL Analysis: While the proposed Blue Card changes may take months or years to implement, the agenda indicates a commitment to improve and perhaps broaden the scope of visas for economic migrants to better accommodate business demands. Initiatives to increase the number of Blue Cards and ease intra-EU mobility for card holders are of particular interest and BAL will be following these developments and updating clients accordingly.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
What is the change? The European Union and the United Arab Emirates signed an agreement Wednesday that sets the stage for short-stay visa-free travel between most EU countries and the UAE.
What does the change mean? The agreement will allow visa-free travel for most EU nationals to the UAE and for UAE nationals to most EU countries for up to 90 days in a 180-day period. The U.K. and Ireland are not party to the deal.
- Implementation time frame: Ongoing. The agreement must be “ratified or approved” by the EU and the UAE “in accordance with their respective internal procedures.”
- Who is affected: EU and UAE nationals.
- Impact on processing times: The arrangement will save travelers significant amounts of time because they will not be required to obtain visas for stays of up to 90 days in a 180-day period.
- Business impact: Short-stay business travelers are among those covered.
- Next steps: The agreement will enter into force on the “first day of the second month” following ratification by the European Parliament and the UAE.
Background: Under the terms, EU and UAE nationals with valid passports will be eligible for visa-free travel for tourism, culture, scientific activities, family visits and business. The agreement does not cover “paid activity.” All EU countries with the exception of the U.K. and Ireland are included in the agreement.
BAL Analysis: The agreement signed Wednesday has been more than a year in the making, and is intended to facilitate business travel between EU and UAE nationals.
This alert has been provided by the BAL Global Practice group and our network provider located in the United Arab Emirates. 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.
IMPACT – MEDIUM
What is the change? The European Union’s Court of Justice has rejected Germany’s requirement that spouses of Turkish nationals demonstrate language proficiency.
What does the change mean? The German language regulation violates the standstill clause of the Ankara Agreement between the EU and Turkey because it makes family unification and establishment more difficult and “goes beyond what is necessary” to obtain its objective.
- Implementation timeframe: July 10.
- Visas/permits affected: Residency permits.
- Who is affected: Spouses of Turkish nationals applying for residency.
- Impact on processing times:
Background: The case was brought by Naime Dogan, a Turkish national who applied to join her husband, a Turkish national working and residing in Germany. The German Embassy denied her family reunification visa petition on the grounds that she did not demonstrate basic knowledge of the German language. Since 2007 Germany has imposed the language requirement on certain non-EU spouses to promote integration and curb forced marriages and marriage fraud.
But EU’s highest court said in a July 10 ruling that the requirement violates the Ankara Agreement’s standstill clause, which generally prohibits EU countries from introducing new restrictions on Turkish nationals. The Agreement, which Germany joined in 1973, established the framework for an association between the European Economic Community and Turkey.
The court said the language requirement unnecessarily “makes family reunification difficult or impossible” for Turkish workers, effectively forcing them to choose between a job in the EU and their family in Turkey.
BAL Analysis: Because the court decided the case based on the Ankara Agreement, it did not reach another argument put forth by Dogan that the linguistic requirement also violates EU Council Directive 2003/86/EC on the right to family reunification of third-country nationals. However, the court ruling may lead to challenges under that directive to similar language restrictions across the EU.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
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.
IMPACT – MEDIUM
Under an EU directive, member countries are required to implement a single application procedure and single work-and-residency permit. EU Directive 2011/98 aimed to simplify procedures and ensure that foreign workers receive equal labor rights and social benefits. It exempts intra-company transfers (ICT). Passed in 2011, the directive set a deadline of December 2013 for member states to implement and incorporate the new procedures into their national laws. However, not all countries met that deadline, the directive has not been adopted everywhere, and the rules vary from country to country. Below is a summary of adoption in various EU member states:
Denmark, Ireland and the U.K. These countries are not bound by the directive and are not required to transpose it into their national laws.
France. France has not adopted legislation and continues to issue separate work and residency permits for third-country nationals who are not Blue Card holders. The government is expected to make the change to a single permit when it overhauls its immigration regulations.
Germany. Germany has implemented a “one-stop shop” for work and resident permits for non-EU nationals who are applying to work and live inside the EU or who are already living and working within the EU. The application process has not changed and is the same as before. However, this process does not apply to holders of permanent residence and work permits, employees transferred permanently from one entity to another within the EU, au pairs, refugees or sailors.
Hungary. Hungary implemented the single permit in January. Previously, the work permit application could be processed first, before an employee entered Hungary, and the residence permit was processed after entry. Now, the employee may not begin working until the Immigration Office issues the combined permit, now called a “residence permit,” which displays the name of the employer. If the employee changes jobs, he or she must apply to change the residence permit as well as the work permit.
Italy. Italy implemented the EU directive March 4 in Legislative Directive n.40. However, the new procedure for a single work-and-residence permit does not significantly alter the application process and does not affect intra-company transferees or highly-skilled workers.
The Netherlands. The Netherlands passed the Combined Work/Residence Act (GVVA) on April 1. The combined permits replace the work permit (TWV) and are now granted by the Immigration and Naturalisation Service (IND), instead of by the UWV Werkbedrijf. Sponsoring employers apply to the IND and the IND consults with the UWV Werkbedrijf to determine if other job seekers should be given priority and whether other criteria have been met, such as adequate recruitment efforts by the employer. Many foreign workers are exempt from the GVVA, including intra-company transferees, student trainees, students on work placement, employees provided by cross-border service providers, independent contractors, long-term residents of other EU member states, and others.
Poland. Poland adopted a single work-residence permit on May 1, but it only affects in-country procedures for foreign nationals already legally living and working in Poland.
Spain. Spain passed the single permit law (14/2013) on Sept. 27, 2013, as part of its Entrepreneurs Law. The provision implements a single application form for all third-country nationals and applies to all types of work permit applicants. Although the law does not specify whether the provision applies to intra-company transferees, the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE) is applying the new single procedure to ICTs, giving work authorization to dependent family members and possibly avoiding the visa process if the applicants are legally in Spain during the immigration process; visa nationals applying from overseas must go through procedures to obtain a visa to enter Spain.
This alert has been provided by the BAL Global Practice group and our network providers located in EU member countries. 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.
