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IMPACT – MEDIUM
What is the change? Instituto Nacional de Migración (INM) offices will be closed for the holidays from Dec. 19 to Jan. 7.
What does the change mean? Visa and work permit applications that are pending during the closure may be delayed. Employers and foreign nationals should submit applications as soon as possible and account for potential delays in processing. Travelers entering Mexico with a stamped Mexican visa for exchange during this time period will not be able to leave the country until the immigration offices reopen.
Background: Immigration offices will close for three weeks for the Christmas and New Year’s holidays. Processing will come to a halt during this period. Applications that are filed now may not be processed and returned before Dec. 19, and it is important that employers and foreign nationals consider any necessary additional steps. Applicants should note that holiday-related delays may be exacerbated by major staff changes at the INM due to the recent transition in government.
Analysis & Comments: Applicants should plan to file any time-sensitive applications as early as possible before Dec. 19 to mitigate delays associated with the holidays and staffing changes at the INM. Foreign nationals planning travel to Mexico should take note of the travel restrictions and plan their schedules accordingly. Processing delays should be expected in the days after offices reopen.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The United Arab Emirates has agreed to visa-free travel arrangements with Mexico and Serbia.
What does the change mean? Nationals of the UAE will be permitted to travel to Mexico and Serbia without obtaining a visa in advance. Likewise, nationals of Mexico and Serbia will be permitted to travel to the UAE without first needing to obtain a visa.
The UAE and Serbia added an amendment to the original passport protocol agreement signed in 2014 that extends visa-free travel to Serbian nationals. The UAE and Mexico exchanged a diplomatic memorandum of understanding on visa exemption in September, and the agreement went into effect Oct. 31.
Background: The UAE and Serbia previously signed a visa-free agreement for Emirati nationals holding diplomatic or official passports to enter Serbia without a visa in 2014. This was later amended to allow UAE nationals holding regular passports to enter. The new amendment will extend the visa-free agreement to Serbian nationals. This year, the UAE has agreed to visa-free travel deals with China, Ireland, Paraguay, Russia and Uruguay and implemented visa-free travel deals with Brazil and Ukraine.
Analysis & Comments: The visa waiver will facilitate business travel between Mexico and the UAE and between Serbia and the UAE.
The United States and Mexico announced Monday that they have tentatively agreed to terms for a new trade agreement, one that has the potential to reshape the North American Trade Agreement for years to come.
No information has been released on how the agreement would affect immigration. Nor is it clear whether Canada will be part of the deal, though officials said they hoped Canada would come on board by the end of the week.
Trump has made renegotiating NAFTA a key part of his trade and immigration policies. Negotiations began shortly after Trump took office, with the president saying he would withdraw the U.S. from the trade agreement if it is unable to reach a better deal.
BAL Analysis: The U.S.-Mexico trade deal has the potential to reshape NAFTA, though many of the details remain unclear at this point. Canada’s position is not yet known and any final agreement would likely have to be approved by Congress before it could take effect. NAFTA’s immigration provisions will remain in place unless a new deal is finalized or the U.S. withdraws from NAFTA. BAL will continue to monitor developments on the trade negotiations and will update clients on any significant changes.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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.
Mexico has elected Andres Manuel Lopez Obrador of the leftist National Regeneration Movement (Morena) Party in a landslide victory that signals a decisive rejection of the political and economic establishment.
Lopez Obrador, known by his initials “AMLO,” captured more than 50 percent of the vote and more than double that of second-place finisher Ricardo Anaya of the National Action Party (PAN), who won 23 percent of the vote, trailed by Jose Antonio Meade, a business-friendly former finance minister of the Institutional Revolutionary Party, who tallied 15 percent. The Morena Party is also projected to win majorities in both houses of Congress, but fall short of the two-thirds majority needed to make major constitutional reforms.
A former mayor of Mexico City and two-time presidential candidate, in 2006 and 2012, Lopez Obrador ran on a platform of change, promising more spending on social programs for the poor, students, the elderly and farmers by tackling corruption and reducing salaries and pensions of top public officials. Popular discontent has run high in Mexico over recent political corruption scandals, drug-related crime and violence, and growing inequality.
Businesses expressed concern that Lopez Obrador may roll back private investment in the oil sector, but his campaign promised only to review oil contracts for corruption and this has not become official yet. Regarding relations with the United States, Lopez Obrador, the author of a book entitled “Oye, Trump! Saying Yes to a New Start for Mexico, Saying No to a Wall,” was a vocal critic of U.S. President Donald Trump, as were the other Mexican candidates, but he called for “friendship and mutual respect” with the U.S. After Sunday’s election, he said he favors the re-signing of the North American Free Trade Agreement with the U.S. and Canada, but supports the current negotiating team. Talks have been contentious as Trump has repeatedly threatened to withdraw from the pact.
Lopez Obrador will take office Dec. 1.
BAL Analysis: While Lopez Obrador’s election signals some unpredictability and perhaps a less business-friendly environment, it is too early to tell whether or to what extent his policies will affect high-skilled immigration. However, the most immediate consequence will be the change in directors of agencies, including the National Migration Institute (INM) and delays in immigration processing that such changes in staff are likely to cause. Applicants should anticipate delays and employers may need to adjust business schedules as a result.
This alert has been provided by the BAL Global Practice group and our network provider located in Mexico. For additional information, please contact your BAL attorney.
What is the change? Oman has introduced a visa waiver for Indian nationals who hold a visa (including a visitor visa) or residence permit for the United States, the United Kingdom, a Schengen member country, Australia, Canada or Japan.
What does the change mean? Eligible Indian nationals will be able to obtain either a visa on arrival or an online visa before their arrival.
BAL Analysis: Oman’s move to ease visas for certain Indian nationals follows a similar decision by the United Arab Emirates to grant visas on arrival to Indian nationals who hold a visa or residency in the United Kingdom or another European Union country. Business travelers planning to take advantage of Oman’s new policy are reminded that work activities are prohibited and that when they verify the purpose of their travel they should state that they will not be working in the country.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? The Mexico City regional office of the National Migration Institute (INM) is applying stricter policies toward foreign nationals who are renewing their residence, changing their address and employer, and completing certain local registration requirements.
What does the change mean? Applicants in Mexico City should anticipate having to submit additional documentary evidence to support certain applications.
Key changes:
BAL Analysis: The INM office in Mexico City underwent a major personnel shakeup in March, leading to changes in immigration procedures and resulting in delays. Employers and expatriate employees and family members in Mexico City should factor in additional time to prepare the additional documents and should also anticipate that more changes could come following the presidential election on July 1.
What is the change? The Instituto Nacional de Migración (INM) has increased unannounced workplace inspections of companies that employ foreign workers.
What does the change mean? The inspections focus largely on making sure that foreign workers have the proper documentation to carry out the work they are conducting, that assignees listed in INM systems are indeed working for the company and ensuring that INM records on foreign workers are accurate.
Background: The INM has increased the number of workplace inspections it is conducting. Officials are more likely to conduct an inspection in cases where companies are (1) seeking to have visa or other immigration applications approved, (2) are updating their Employer Registration Certificate or (3) have not been subject to a site visit in more than a year.
BAL Analysis: Foreign workers can face serious consequences if they are found to be on an irregular status or are conducting activities that are not permitted on their permit or visa. Companies may also face legal consequences, including a negative record on their Employer Registration Certificate. Authorities have reported that they are frequently denied access to corporate offices, in which cases INM may suspend or deny pending applications. BAL is able to assist in helping employers prepare for site visits by conducting internal reviews to determine whether a company is in compliance with applicable immigration rules.
What is the change? The newly appointed head of the National Migration Institute has changed some immigration procedures to place greater scrutiny on work visa applications.
What does the change mean? Applicants should anticipate delays and longer processing and application-preparation times.
Background: Last month, the National Migration Institute underwent several major staffing changes, including the appointment of a new commissioner to head the agency. Authorities are scrutinizing applications and adding requirements that primarily affect applicants’ legal representatives. These include scrutinizing the representative’s signature or requiring representatives to appear in person with their original ID rather than a notarized copy.
BAL Analysis: Companies should be prepared for additional document requests and should anticipate delays and unpredictability in the coming months.
IMPACT – HIGH
What is the change? Several major staffing changes at Mexico’s immigration agency, the National Migration institute, including the appointment of a new commissioner to head the agency, are causing significant processing delays countrywide.
What does the change mean? Applicants should anticipate delays of four to six weeks and unpredictability in immigration processing in the coming months.
Background: A new commissioner was appointed Monday to replace the former INM head. Additionally, the staff of the Mexico City office will be replaced and on Tuesday multiple immigration officials resigned. The staff changes are seen as preparation for the general election that will take place July 1.
BAL Analysis: Employers and individual applicants should anticipate immigration processing delays of several weeks and a possible backlog as the INM is reorganized.
What is the change? Mexico’s immigration offices will close for an extended holiday break from Dec. 20 to Jan. 5. Offices will reopen Jan. 8.
What does the change mean? The closure will affect visa processing as well as travel. Foreign nationals who enter Mexico with a “Visa for Exchange” issued by the Mexican Consulate between Dec. 20 and Jan. 5 will not be able to leave the country until immigration offices reopen after the New Year. Travel for those entering Mexico on tourist or business visas will not be affected.
Key points:
BAL Analysis: Applicants should plan to file any time-sensitive applications as early as possible before Dec. 20 to avoid additional delays. Foreign nationals planning travel to Mexico should take note of the travel restrictions and plan their schedules accordingly. Processing delays should be expected in the days after offices reopen.
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.