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IMPACT – MEDIUM
What is the change? Australia has launched the Global Talent Scheme—a one-year pilot program under the Temporary Skill Shortage (Subclass 482) visa scheme aimed at attracting foreign talent with cutting-edge skills to bring innovation to Australia.
What does the change mean? The two streams of the Global Talent Scheme will allow established accredited sponsors or new start-up companies to benefit from a simplified application process, faster processing, and four-year TSS visas. Companies must meet financial eligibility criteria, salary minimums, and conduct labour market testing before being invited to enter an agreement with the Government. They must also demonstrate throughout the life of the agreement that they are bringing opportunities to Australian workers by creating new jobs and transferring skills and knowledge to Australians.
Background: Following the elimination of the subclass 457 visa and introduction of the stricter TSS visa in its place in March, the Australian Government announced the launch of the Global Talent Scheme, recognizing the global competition for tech talent and the need to provide fast-track processing for a subset of TSS applicants in cutting-edge fields. To be considered under the scheme, companies must first demonstrate that they are unable to fill the position with an Australian worker and that they cannot fill the position through other visa routes. Foreign employees in the Global Talent Scheme will be issued four-year TSS visas and are eligible to apply for permanent residence after three years. If the position ends, the worker will have 60 days to find a new sponsor and new visa or depart Australia.
The qualifying criteria for the two streams of the Global Talent Scheme are summarized as follows.
Additional information is available on the Government’s Global Talent Scheme Fact Sheet here.
BAL Analysis: Companies that meet the eligibility criteria for sponsorship should consider the Global Talent Scheme for niche roles that are restricted under the occupation lists for other visa routes such as the short- and medium-term streams of the TSS visa.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 0101248
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? The Muslim holiday of Eid al-Fitr, expected to begin around June 14 at sunset, will close offices and delay processing of applications in countries across the Middle East, North Africa and parts of Asia, and at their consular missions around the world.
What does the change mean? Offices will close for three to 10 days, depending on the country. Applicants should expect delays in processing of visas and work permits.
Background: Eid al-Fitr (Festival of Breaking the Fast) marks the end of the holy month of Ramadan and is celebrated with three or more days of festivities. The holiday is also known as Ramazan Bayrami in Turkey, Hari Raya Puasa in Singapore, and Korité or Tabaski in West Africa.
The office closures are expected to begin June 15 or 16, depending on the length of the lunar month. Some countries will announce their holiday schedules closer to the end of Ramadan or when a new moon is sighted. Others have set public holiday schedules. June 15 and 16 fall on the weekend for some Persian Gulf countries.
Malaysia’s MYXpats Centre will close for a half day June 14 and a full day June 15. Malaysia’s eXpats Service Centre will close June 14-17, with filing decision cutoff dates before the holidays of June 1 for Stage 1 applications and June 8 for Stage 2 applications.
Across most of the Gulf Cooperation Council countries, government offices are expected to close June 14-17, with Saudi Arabia likely to close for the entire week.
BAL Analysis: Time-sensitive filings should be submitted as early as possible before the holiday break. Companies may wish to contact their BAL representative for individual country and consular schedules.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Alliance supports global businesses in staying ahead in a rapidly-changing global immigration environment
DALLAS, June 6, 2018 – Berry Appleman & Leiden (BAL) LLP, one of the world’s largest immigration law firms, today announced a first-of-its-kind strategic alliance with Deloitte UK. The alliance represents an industry first offering, combining the best of Deloitte’s scale, expertise and breadth outside of the US with BAL’s legal expertise and high quality immigration services in the US.
In an increasingly complex environment, today’s multinational businesses are struggling to gain the right level of market insights, make the most of big data and integrate their mobility services to advance their immigration programs. It can be particularly tough to find service providers with large enough footprints to effectively address global challenges and to stay ahead of ever-increasing requirements for secure, innovative technologies. This alliance addresses those needs, bringing BAL’s technology and innovation leadership together with the global acumen and scale of Deloitte Global. It gives multinational organizations the global perspectives and footprint and continuous innovation they need to stay ahead in today’s rapidly-changing immigration market.
“Immigration is now a C-Suite priority and the landscape is more complex than ever before. Today’s global businesses need innovative thinking, global scale and deep expertise,” said Jeremy Fudge, BAL Managing Partner. “We’re offering clients the very best of two leading organizations, delivering a level of expertise, scale, control and accountability they can’t get anywhere else.”
BAL’s global clients can continue to expect the high-level of technology innovation reflected in products like BAL’s Cobalt® digital immigration services platform, top-notch information security and unmatched immigration expertise they’ve come to know. When served through this alliance, BAL clients will now experience the added benefit of:
“With the increased need for cross-border business travel, global organizations are recognizing the value of a firm that can bring a global footprint to help support the challenges of delivery and corporate compliance,” said Kalvinder Dhillon, Deloitte Global Immigration Lead. “Our ability to provide a fully global, end-to-end service will help employers move talent where it’s needed and enhance their compliance.”
Under this alliance, BAL will remain an independent entity in the US. Deloitte Global will acquire BAL’s non-US operations and assets in the UK, Singapore, Australia, Dubai, China, South Africa, Mozambique and Brazil. Deloitte US does not provide immigration or legal services and is not a party to the alliance with Berry Appleman & Leiden LLP, nor is it a party to the acquisition of BAL’s non-US assets. References to Deloitte Global are references to the member firms of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”). Deloitte UK is the sponsor of the alliance. DTTL and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients.
About BAL
BAL is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and clients more successful. Established in 1980, the firm provides unmatched immigration expertise, top-notch information security and leading technology innovation like its Cobalt® digital immigration services platform. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers, The Legal 500, and Who’s Who Legal. See website for details: www.bal.com.
Media Contact:
Constance Pegushin Berry Appleman & Leiden LLP cpegushin@bal.com 415-617-4534
About BAL Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization.
At BAL, we pursue the exceptional. To learn more visit bal.com.
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
What is the change? South Korea will observe public holidays on May 7 and 22 and June 6 and 13.
What does the change mean? Government offices will be closed and in-country immigration processing will be suspended on those days.
Background: Government offices will be closed May 7 for the Children’s Day holiday, May 22 for Buddha’s Birthday, June 6 for Memorial Day and June 13 for local elections.
BAL Analysis: Employers should plan for the closures and, if needed, file time-sensitive applications and notifications before May 6. South Korean embassies and consulates around the world may be closed for the holidays as well, though schedules may vary.
This alert has been provided by the BAL Global Practice group and our network provider located in South Korea. For additional information, please contact your BAL attorney.
What is the change? The Islamic month of Ramadan is expected to begin around May 16, causing processing to slow down as offices in countries with majority or significant Muslim populations will curtail their working hours.
What does the change mean? Employers and individuals should anticipate shorter business hours from approximately May 16 through June 14. Offices in many countries will close for three or more days immediately thereafter for the Eid al-Fitr holiday. If possible, employers should file applications to obtain decisions on any urgent cases before Ramadan begins.
Background: Ramadan is the 10th month of the Islamic calendar and is a time when Muslims fast from dawn to sunset and increase time spent in prayer and introspection. The month is expected to begin around May 16, but lunar dates vary by one to two days, depending on local practices. Individual countries typically announce the first day of Ramadan closer to the beginning of the month when actual or predicted moon sightings are confirmed.
Working hours also vary by country and government offices tend to close early. The Eid al-Fitr holiday, immediately following Ramadan, will close offices for three or more days in countries across the Middle East, North and West Africa, and Central and Southeast Asia.
BAL Analysis: Businesses and travelers are encouraged to plan ahead and file time-sensitive applications as soon as possible to avoid unnecessary delays. Those in need of services should check with individual offices for Ramadan hours when the holiday draws closer.
What is the change? Offices in a number of countries that celebrate Easter will close late this week and early next week for Good Friday and Easter Monday.
What does the change mean? Applicants should expect a slowdown in processing during the holiday break and potential backlogs when offices reopen.
BAL Analysis: Applicants should check with their BAL professional for holiday dates of individual countries. Those seeking consular processing should also note that embassies and consulates may observe their own unique holiday schedules.
BAL again is ranked as a top firm in the Global-wide category in the newly released Chambers Global Guide, an annual ranking of the best international law firms based on independent research and interviews with lawyers and clients worldwide.
Chambers recognizes BAL as an “acclaimed group of immigration specialists which evokes praise for its deep experience in corporate global mobility. The firm offers a broad spectrum of services from application support and immigration programme management to strategic advice on compliance and government relations. An impressive client base benefits from its ever-expanding global footprint, notably with the opening of a first office in the Middle East and a second office in Africa.”
Sources stated they value the firm’s client-centric approach, highlighting its “global online platform and customised reporting” as “one of its strongest points.” They enthuse that “their availability and customer service is top-notch” and “there is an open line of communication – they take on board suggestions and give it all the necessary weight.”
Notable practitioners listed for BAL include Managing Partner Jeremy Fudge, Founding Partner David Berry, Europe Managing Director Emily King, Asia Managing Director Christina Karl, and MENA Managing Director Hadi Allawi.
About Chambers Global Since 1990, Chambers has published an annual guide ranking the world’s best lawyers based on technical expertise, business acumen, prompt delivery, and value for money. A team of over 140 researchers conducts thousands of interviews worldwide to produce the rankings. Lawyers cannot buy their way into Chamber’s rankings; as a result, its annual directories are considered among the most accurate and reliable.
IMPACT – HIGH
What is the change? The Christmas and New Year’s holidays will slow immigration processing across much of the world at the end of the year and in early 2018.
What does the change mean? Applicants should anticipate closures of government and private offices for at least two days on and around Dec. 25 and Jan. 1. Many countries celebrate longer breaks and shut down for several weeks.
Below is a summary of closures by region with noted countries that observe longer breaks.
Africa: Christmas and New Year’s coincide with the traditional summer holiday in much of Africa.
Europe: Longer breaks of one week or more are typical.
Latin America: Most government immigration offices will close Dec. 25 and Jan. 1.
Asia: Most countries will observe one or more days for Christmas and New Year’s.
Oceania:
Middle East: Christmas is not observed as a public holiday, but some private offices may close.
North America:
BAL Analysis: Applicants should plan to file any time-sensitive applications as early as possible before the holiday break to avoid additional delays.
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.
What is the change? Swaziland has published a proposal to bar foreign nationals from operating 31 classifications of, primarily, trading businesses.
What does the change mean? Foreign nationals who are already operating businesses in affected categories will not be impacted, but new entrants would not be granted the required trading licenses. The change was proposed in draft regulations published by the Ministry of Commerce, Industry and Trade.
Background: Since tabling the Reservation of Certain Trades and Businesses for Swazi Citizens Regulations 2017 before the House of Assembly earlier this month, the minister of Commerce, Industry and Trade, Jabulani Mabuza, has countered criticism that the government initiative may be illegal. “We have generations to look after as Swazis,” Mabuza has stated. “These are the people we have to ensure find that there are businesses reserved for them. We are not saying people who are from outside the country should not come and do business here. We are only saying foreigners should only do business in this country as investors.” The Federation of the Swazi Business Community has been lobbying for such a policy for many years and has therefore welcomed the publication of the new regulations. The businesses currently listed in the regulations are primarily trade-related, but also include service industries such as private investigation and debt collection.
BAL Analysis: It is anticipated that the Reservation of Certain Trades and Businesses for Swazi Citizens Regulations 2017 will be implemented later this year. The impact on international companies and foreign nationals wanting to invest in new opportunities in Swaziland has yet to be determined, however, as the Portfolio Committee for Commerce, Industry and Trade of the House of Assembly may extend the current list of business classifications reserved for Swazi nationals only and, as such, further restrict foreign access to local markets.
This alert has been provided by the BAL Global Practice. For additional information, please contact your BAL attorney.