IMPACT – MEDIUM

What is the change? Government offices are closed for Passover from April 10 through April 23.

What does the change mean? Processing of visa applications and work permits will be suspended.

  • Implementation timeframe: April 10 through April 23.
  • Visas/permits affected: Work permits and visas.
  • Who is affected: Foreign nationals applying for visas and work permits.
  • Impact on processing times: Delays.

Background: The holiday suspension of immigration processing comes in the wake of a worker strike in the Israeli Ministry of Foreign Affairs, which occupied most of March and concluded April 2. The strike created a backlog of applications. Overseas Israeli consulates may also suspend or limit processing during the holiday period, and schedules will vary from consulate to consulate.

BAL Analysis: Applicants for visas and work permits should check with their local consulates for information on operating hours during the holiday. The office holiday closings and limitations mean that the delays created by the recent strike may continue for some time beyond the agency’s return to work after Passover. The Ministry has not provided any estimates on how long it will take to clear the backlog.

This alert has been provided by the BAL Global Practice group and our network provider located in Israel. 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? Workers in the Israel Ministry of Foreign Affairs have ended a month-long strike.

What does the change mean? Israel is reopening its foreign diplomatic missions abroad, as well as its headquarters in Jerusalem.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: All visa processing and consular services.
  • Who is affected: All foreign nationals processing through an Israeli consular post.
  • Impact on processing times: Significant delays due to backlogs.
  • Business impact: Processing should return to normal once backlogs are cleared.

Background: For the past seven months, the Ministry and its workers have been engaged in mediation. In early March, the workers initiated a series of escalating sanctions that halted visa processing and consular services. The workers then launched a full-blown strike on March 7, protesting low wages and working conditions, and demanding pay increases in line with the costs of living in the countries to which they were posted. The strike closed all 103 of Israel’s foreign missions, including its United Nations mission, as well as its Jerusalem headquarters. Under an agreement reached last night with the Ministry of Finance, wages will be set by a formula used in OECD (Organization for Economic Co-operation and Development) countries, to adjust for cost-of-living increases.

BAL Analysis:  While the news is a positive development, the strike will leave a large backlog in its wake. The Ministry has not provided any estimates on how long it will take to clear the backlogs, and processing delays may vary among Israeli consular posts. This is the second strike in less than 12 months and hopefully the agreement to index Ministry wages for cost-of-living increases will be a long-term solution.

This alert has been provided by the BAL Global Practice group and our network provider located in Israel. 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? A strike at the Ministry of Foreign Affairs has put all consular services on hold.

What does the change mean? Israel’s diplomats will not issue visas or provide any consular services during the strike.

  • Implementation timeframe: Immediate and ongoing.
  • Visas/permits affected: All visas and consular services.
  • Who is affected: All foreign nationals processing through an Israeli consular post.
  • Impact on processing times: Depending on how long the strike lasts, it could cause a backlog and impact processing times.
  • Business impact: Any stoppage of visa issuance will impact the cost and timing of assignments in Israel.
  • Next steps: The strike may have additional organizational implications that BAL will continue to report as they develop.

Background: The Ministry has been in mediation to avert a strike for seven months. Those efforts failed. On March 6, the Israeli Ministry of Foreign Affairs issued a press release stating that Israel’s diplomats will no longer meet with foreign counterparts, make official visits either in Israel or abroad, or provide any consular services, including issuing visas.

BAL Analysis: Businesses should plan for delays and possible backlogs for consular services.

This alert has been provided by the BAL Global Practice group and our network provider located in Israel. 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? A new working permit, good for a two-year period, is now available for foreign nationals.

What does the change mean? As of Feb. 5, the Work Permit Unit of the Ministry of Interior is accepting applications for two-year permits, as well as one-year and three-month work permits previously available.

  • Implementation timeframe: Feb. 5.
  • Visas/permits affected: Work permits. Note: The longer working permit duration does not affect the B-1 working visa which remains limited to one year only.
  • Impact on processing times: The processing time to extend a one-year B-1 visa for a second year (to match a two-year work permit) is expected to be shortened to 45 days.
  • Business impact: Companies can benefit from the longer permit duration, but are likely to undergo more rigorous scrutiny than when applying for the shorter-duration work permits.
  • Next steps: Regulations are expected shortly that will detail procedures, government fees and processing times. BAL will report this news when available.

Background: The Work Permit Unit of the Ministry of Interior recently announced that starting Feb. 5, it will issue working permits for durations of either three months, one year or two years. With a two-year permit, foreign employees will not have to go through the process of extending one-year permits. However, at this time, the B-1 working visa issued in the employee’s passport is still only valid for a maximum of one year. Therefore, workers on the new two-year work permit must apply to extend their visas shortly before the end of the first year.

BAL Analysis: Companies now have a new work permit option for longer assignments and projects extending beyond one year. However, we anticipate that those applying for the new two-year working permits will be scrutinized more heavily than for the shorter permits, and will have to justify the longer working period with additional supporting documentation.

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

Employees wishing to sponsor same-sex spouses on their work permits will soon be able to do so in Uruguay and New Zealand. Uruguay is set to begin allowing same-sex marriages on Aug. 1, and New Zealand will follow suit on Aug. 19. Altogether, four countries have legalized same-sex marriage this year. France legalized same-sex marriage in May. Also, United Kingdom recently passed a bill legalizing same-sex marriage in England and Wales, which may go into effect as early as summer 2014. Now, including these four new countries, 16 nations recognize same-sex marriage.

While several nations recognize civil registration and domestic partnership for immigration purposes, both situations often require more documentation and time to process. Immigration authorities may also be less likely to approve them. The recognition of same-sex marriage provides a simpler and more efficient route for married same-sex couples to migrate together.

Below is a breakdown of the countries that have legalized same-sex marriage. Each has a brief summary of the nation’s policies for recognizing relationships for immigration purposes.

Country Marriage Civil Registration Domestic Partnership
EMEA
Belgium Yes Possibly, if documented. Possibly, if documented.
Denmark Yes Yes Yes
France Yes No In certain specific situations, domestic partners who have lived together for at least one year may apply for a reunion and residence permit.
Iceland Yes Yes Under certain circumstances.
Netherlands Yes Yes Yes
Norway Yes Yes Yes
Portugal Yes Yes, if living together for at least two years. Yes, if living together for at least two years.
South Africa Yes Yes Yes
Spain Yes Under certain circumstances. Under certain circumstances.
Sweden Yes Yes Yes
United Kingdom Yes Yes Yes
APAC
New Zealand Aug. 19 Genuine, stable partnership must be proven. Genuine, stable partnership must be proven.
AMERICAS
Argentina Yes No No
Brazil Yes Must prove “stable union.” Must prove “stable union.”
Canada Yes May be required to submit a Statutory Declaration of Common-Law Union form. May be required to submit a Statutory Declaration of Common-Law Union form.
Uruguay Aug. 1 Yes Yes

For additional information, please contact GlobalVisaGroup@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.

Earlier this week, the Permit Unit of the Ministry of Interior announced a new requirement effective immediately. Now, a copy of the service agreement must be provided with any work permit application that involves service contracts with Israeli companies.

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

Recent months have seen a marked increase in surprise inspections of companies employing foreign workers. The inspections were carried out by the special police force of the National Immigration Authority, which is known as the Oz Unit. Some of the employers inspected in this manner were high-profile, multinational corporations. Since Jan. 1, 2013, more than 220 highly-skilled foreign workers have been deported due to the raids. The majority of deported foreign employees were American, Irish, Japanese or Korean.

The raids were conducted with no advance notice to the employers, but with considerable preparation on the part of the Oz Unit. In each case, the officers conducting the inspection had detailed information about the employees who were working illegally. When the police arrived, they rounded up all foreign employees at the site, checked the passports and visas of each, and interviewed them. Any employees without B-1 visas who were found to be actively working were transported directly to detention centers in buses, and most were deported very soon after. In some cases, individuals were given 48 hours to depart Israel.

All of these workers will require special permission to be able to enter Israel in the future, and the Israeli government may share information about their immigration violations with border authorities in other nations.

The managers and companies found to be employing foreigners illegally are being investigated, and may face criminal charges from the Ministry of the Interior. The Oz officers conducting the investigations have made it clear that the companies will be held responsible at every level for the violations.

The raids are expected to continue in the near future. As a result, BAL advises clients to:

  • Adopt full compliance with all immigration policies and labor law requirements in all written materials.
  • Review immigration regulations with all business travelers who will spend more than 10 days in Israel. Ensure that they understand that no active work is permitted.
  • Update company intranet information with compliance reminders and warnings.
  • Create a system to allow for close monitoring of all contractors and subcontractors working on site. Gate control is especially useful.
  • Issue reminders to managers at all levels that unless a foreign national has a valid work visa, he or she is not permitted to do any work in Israel. Inform managers that they will risk criminal liability for allowing foreign nationals to work for the company illegally.
  • Issue reminders to all contractors that they will bear criminal responsibility for allowing foreign nationals to work for them illegally.
  • Contact BAL immediately as soon as an inspection begins.

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

The Ministry of the Interior has adopted a new border control policy, wherein business travelers are being asked to declare that they do not intend to visit the West Bank.

Business travelers who do intend to visit the West Bank should apply for a visit permit at least one month in advance. Applications must be lodged with the Coordinator of Government Activities in the Territories Unit (COGAT), which is tasked with administering government policy in the West Bank.

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