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New p February 2017

PEREGRINE NEWS
Welcome to the Peregrine News digest for February 2017!

In February, we released a new downloadable case log feature for Immigo, our online global
immigration case management software, allowing users to download a chronologically ordered PDF
file of a case; pulling together case notes, process steps, uploaded documents and Outlook linked
emails into a chronological timeline.

Table of Contents
QATAR NEW SPONSORSHIP LAW TAKES EFFECT 2
BELGIUM INTEGRATION LAW PUBLISHED 3
UNITED STATES FEDERAL JUDGE IN SEATTLE TEMPORARILY BLOCKS EXECUTIVE ORDER 4
IRAQ NO CHANGE TO IRAQI IMMIGRATION RULES; IMMEDIATE CHANGES TO KURDISTAN IMMIGRATION RULES 5
BULGARIA NEW NOTIFICATION AND DOCUMENT STORAGE REQUIREMENTS FOR POSTED WORKERS 5
ROMANIA 2017 QUOTAS ANNOUNCED 6
NICARAGUA NEW YELLOW FEVER VACCINATION REQUIREMENT 7
PANAMA AND COSTA RICA ENTRY RESTRICTED FOR SCHENGEN VISA HOLDERS 7
ECUADOR NEW IMMIGRATION LAW 8
PERU NEW LAW TO REORGANISE IMMIGRATION CATEGORIES 9
GEORGIA EUROPEAN PARLIAMENT APPROVES SCHENGEN VISA WAIVER FOR GEORGIAN NATIONALS 10
LUXEMBOURG 2017 MINIMUM WAGE INCREASE 10
UNITED KINGDOM NEW GOVERNMENT GUIDANCE ON THE IMMIGRATION SKILLS CHARGE 11
UNITED ARAB EMIRATES VISA ON ARRIVAL EXTENDED TO RUSSIAN NATIONALS 12
IRELAND DELAYS IN EMPLOYMENT PERMIT PROCESSING, GNIB REGISTRATION APPOINTMENT BOOKING AND
SECURITY CHECKS ON ENTRY 12
VIETNAM OPERATING OFFICES NOW ELIGIBLE TO APPLY FOR WORK PERMIT EXEMPTION FOR INTRA-COMPANY
TRANSFEREES 13
SPAIN HIGHER RISK OF DENIAL OF RESIDENCE AUTHORISATION APPLICATION 14
ROMANIA NEW MINIMUM SALARY FOR WORK PERMITS 15
MOROCCO STRICTER APPLICATION REQUIREMENTS FOR RESIDENCE PERMITS 15
QATAR ALL VISITORS MUST PRESENT A RETURN TICKET ON ARRIVAL 16
UKRAINE WORK PERMIT ISSUANCE RULES AMENDED 16
BELGIUM RESIDENCE ADMINISTRATION FEE INCREASED, EXTENDED TO RENEWALS 17
SOUTH KOREA REVISED RULES FOR FREQUENT VISITOR VISAS 17
MORE FROM PEREGRINE 18

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Administrative Development, Labour and
QATAR New Sponsorship Social Affairs (MADLSA) to change
Law takes Effect employment. Those on a fixed-term contract
are required to give notice 30 days notice
A new sponsorship law which came into effect before their contract ends. Those on an open-
at the end of last year (Law No.21 of 2015) ended contract are required to give 30 days
changes the rules for the processing of notice if they have been employed for five
residence permits, changing jobs, and years, and 60 days notice if they have been
obtaining exit permission. Law No.1 of 2017, employed for more than five years. Foreign
which amends some of the provisions of Law nationals over the age of 60 years are not
No.21 of 2015, was issued at the beginning of permitted to seek a job change. The above
January. terms and conditions are meant for the
private sector only.
However, as of 2 February 2017, Executive
Regulations clarifying the new law have not Leaving the Country
been published. The process to obtain an exit visa has
remained unchanged. Law 21 from December
Residency Permit Processing Times stated that an automated system was to be
Under the new law, foreign nationals moving set up for granting exit permits directly to
to Qatar will now have 30 days to process foreign nationals. However, Law No.1 of
their residency permits, rather than the January 2017 amends Law 21 and requires
previous deadline of seven days. However, foreign national employees to seek
foreign nationals who do not begin the permission from their employer in Qatar to
process within this time will be subject to a exit the country for holiday purposes,
fine of up to QAR10,000. emergencies, or permanently.

Transferring Jobs Employers can approve exit permits


Previously, foreign nationals had to request a electronically instantly through
No Objection Certificate (NOC) from their the Metrash2 app, MOIs website or Hukoomi.
sponsor before they could change The exit permit duration can now be chosen
employment. Should their sponsor refuse to (i.e. issued for 1 day up to 1 year) and all exit
issue an NOC, the employee would have to visas are now for multiple exit and re-
wait for a period of two years before they entry. Exit permits are now granted for free
could join a new company. Under the new and no paper receipt is issued.
law, any foreign national on an open-ended
The employer is compelled to approve any
contract will no longer need an NOC from
leave owing to the employee which is stated
their sponsor once they have completed five
in the contract between them. The employer
years of service. Foreign nationals on a fixed-
is also liable to grant leave to his employee in
term contract will no longer need an NOC
the event of emergencies. Should an
from their sponsor once their agreement has
employer refuse a request to exit the country
finished.
the employee is entitled to lodge a complaint
Instead, all foreign nationals will have to seek with the new Exit Permit Grievances
the permission of the Ministry of Committee, which was set up in accordance
with Law No.21 of 2015.

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Action Items their family members who apply for residence
on the basis of family reunification.
Note the changes to the rules for the
Several categories of foreign national
processing of residence permits,
residence applicant are exempt, including:
changing jobs, and obtaining exit
permission;
Recognised refugees or beneficiaries of
Note that further amendments to the
subsidiary protection and their family
new sponsorship law may be
members;
implemented by the Executive
EU (European Union)/EEA (European
Regulation due to be published soon.
Economic Area) citizens and their family
members;
BELGIUM Integration Law Students;
Victims of human trafficking;
Published Long-term residents (Council Directive
2003/109/EC of 25 November 2003);
Effective 18 February 2017, a new law Minors;
requires certain residence permit applicants
The seriously ill.
to submit a signed newcomers statement in
support of their application and to provide The integration obligation affects residence
evidence of their integration efforts in order applications pending as of 18 February 2017,
to maintain or renew their residency status. and new applications from that date onwards.
The Integration Act was originally published
Newcomers Statement
on 16 January 2017, and was due to take
The newcomers statement has not yet
effect ten days later, on 26 January 2017.
taken effect: the Belgian federal authorities
However, it was republished on 8 February
must first agree on the text of the statement
2017, and will therefore take effect on 18
with the French-speaking, Flemish and
February 2017. The newcomers statement
German-speaking communities (communities
is not likely to come into effect on that date,
are regional authorities, competent for
however, as the text has not yet been
integration);
finalised.

It remains unclear whether the new Integration Criteria


obligations will apply to first residence The authorities will assess integration efforts
applications (newcomers) only, or also to by taking into account the following criteria,
renewals (foreign nationals already residing in listed in the new Act:
Belgium). Guidelines from the authorities will
have to clarify how the new rules will be Attend an integration course, organised
applied in practice. by the authority competent for the
foreigners main residence;
Who is Affected? Work in Belgium as employee, civil
The new rules apply to third country (non- servant, or self-employed;
EU/EEA) foreign national workers, as well as Degree, study certificate or evidence
of enrolment in a recognised or
subsidised educational establishment;

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Attend a vocational training, recognised information/evidence. The right to
by a competent authority; reside can be terminated during the
Knowledge of the official language of four years following the end of the first
the place, where the foreigner is year after the issuance of the limited or
registered; unlimited authorisation to reside, or
No criminal record; following the end of the first year after
Active participation in community life. the authorisation to reside in Belgium.

This list does not seem to be limitative: the Guidelines from the authorities will have to
authorities have discretionary decision power. clarify how the new rules will be applied in
If the authorities consider a decision to practice.
terminate the right to reside, they must take
into account: Action Items

The nature and the strength of the Foreign nationals resident in Belgium, or
family ties of the foreigner; planning to apply for residency, should
The duration of residence in Belgium; maintain evidence of their integration
The existence of family ties or efforts as required by the new law.
cultural/social connections with the
country of origin.
UNITED STATES Federal
Consequences of Non-Compliance Judge in Seattle
The obligations and its consequences in the Temporarily Blocks
event of non-compliance can be summarised
as follows: Executive Order
A refusal to sign the On Friday 3 February 2017, a federal judge in
newcomers statement will result in an Seattle, Washington issued a Temporary
inadmissible residence application; Restraining Order (TRO) with nationwide
A foreigner who holds a residence effect, blocking the Trump Administration's
permit for a limited term must prove his Executive Order on travel and visa
or her willingness to integrate. This issuance. This TRO means that visas which
proof must be submitted within the first were provisionally cancelled should now be
limited residence term; failure could be valid for use. Refugees granted approval
a ground for refusal to renew the should now be allowed admission and visa
residence permit; applications being held up solely by the
Furthermore, the Minister for Asylum Trump orders should now be issued. An initial
and Migration, or the Foreigners' Office request by the Justice Department to
(federal department in charge of overturn the TRO was denied by the US 9th
immigration) can terminate the right to Circuit Court of Appeals, which will decide
reside if the authorities find that the later this week on whether the TRO should be
foreigner has not made a "reasonable upheld.
effort" to integrate. The authorities can
ask the foreigner to submit

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Action Items Specifically, anyone who requires an exit card
to leave the Kurdistan Region of Iraq (KRI)
As these legal challenges work their way must pay a penalty at the MOI Immigration
through various federal courts, affected Office and will receive a red stamp on his/her
individuals should consult with an passport permanently banning them from
immigration attorney for the latest entering Iraq.
information and guidance on how these
An exit card may be required by those whose
court actions might apply in a particular
visa or iqama (residence permit) has expired,
case.
or who are transiting out of Iraq via Erbil (the
capital of the KRG) with a valid Iraqi multiple
IRAQ No Change to Iraqi entry exit visa (MEEV) or an expired Common
Access Card (CAC US military ID card).
Immigration Rules;
Additionally, the following nationalities have
Immediate Changes to been added to the list of those banned from
Kurdistan Immigration entering the KRI without a valid KRG visa or
Rules iqama, even if they have a valid Iraqi MEEV:
Philippines, China, Sri Lanka, India, Syria and
Non-Implementation of Iraqi Nepal.

Parliament Resolution on Reciprocal Action Items


Travel Ban
On 31 January 2017, the Iraqi Parliament Foreign national personnel based in
approved a resolution to impose reciprocal southern Iraq and requiring exit stamps
measures on US nationals, following the US are advised to transit out of Iraq via
Presidents Executive Order banning Baghdad, Najaf or Basra, rather than via
practically all Iraqis from entering the US for Erbil.
90 days.

However, Iraqi Prime Minister Al-Abadi has BULGARIA New


stated that his government continues to Notification and Document
review alternative measures which would not
harm Iraqs national security interests. So far Storage Requirements for
there has been no change to immigration Posted Workers
procedures in federal Iraq.
Effective 30 December 2016, Bulgaria has
Kurdistan Immigration Changes implemented EU Directive 2014/67
On 5 February 2017, the Immigration Office of (concerning the posting of workers in the
the Kurdistan Regional Government (KRG) framework of the provision of services). All
announced new instructions, valid until 15 employers currently seconding employees to
May 2017, effectively preventing anyone from Bulgaria must comply with new notification
exiting Iraq via Kurdistan. and document retention requirements by 10
February 2017.

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Notification Requirement
Any foreign employer currently seconding
ROMANIA 2017 Quotas
employees to Bulgaria must submit a Announced
notification form to the General Labour
Inspectorate by 10 February 2017. For new Romanias work permit quotas for
secondments, a notification form must be 2017 have been published in the
submitted before the work assignment in Official Gazette (Part I, no. 85 of 30
January 2017) according to
Bulgaria begins.
Government Decision no.35/2017.
A new notification must be submitted within
seven days of any change to the details of the Work Permit Quotas for 2017
posting. The notification must also include the The Government Decision has set a total of
details of a contact person for receiving and 5,500 work authorisations that can be issued
sending documents from and to the Bulgarian in 2017 to foreign nationals on the Romanian
authorities. labour market. This is the same total as in
2016, but the numbers have been allocated
Document Storage slightly differently. In particular, a new
The Bulgarian host company must also keep category (intra-company transferees) has
certain documents related to the posting been introduced.
available during the assignment and for at
least one year after the end of the assignment 1. local hires: 3000 (down from 3500 in
(in Bulgarian). Documents which must be 2016);
maintained include the letter of assignment, 2. assignees: 700 (no change);
the notification of posting, payslips and 3. intra-company transferees (new
timesheets. category): 700
4. highly skilled workers (Blue Cards):
Background 500 (down from 800 in 2016);
The requirement to notify the labour 5. seasonal workers: 400 (up from 200 in
authorities of seconded workers fulfils EU 2016);
Directive 2014/67, which enforces the 1996 6. trainees: 100 (down from 200 in
Posted Workers Directive (96/71/EC) and was 2016);
due to be implemented by EU Member States 7. cross-border workers: 100 (no
by 18 June 2016. change).

Action Items More About Romanias Work


Permit Quotas
Companies currently posting foreign
Romanias work permit quotas run from 1
national employees to Bulgaria should
January every year and are decided annually
ensure that they comply with the new
by the government, based on the proposals
notification and document retention
from the Ministry of Labour. The quotas are
requirements by 10 February 2017. For
set at national level and then subdivided into
new secondments, employers must fulfil
categories for local hires, assignees, highly
the requirements before the first day of
skilled workers (Blue Cards) as well as
work in Bulgaria.
seasonal workers, athletes, cross border

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workers, internships and volunteers. Once the and all countries located on the African
quotas have been exhausted for a particular continent except the Democratic Republic of
category, no more work permit approvals in Congo, Tanzania, Sao Tome and Principe, and
that category can be given till the following Somalia.
year - unless the Romanian government
exceptionally adjusts the quotas. Travelers with prior travel to countries with
the potential for active transmission of yellow
Action Items fever will not be required to show proof of a
yellow fever vaccine if the prior travel to the
Note the new work permit quotas for affected country occurred more than six days
2017. prior and the traveller does not show
symptoms of yellow fever. Symptoms of
yellow fever include sudden onset of fever,
NICARAGUA New Yellow chills, severe headache, back pain, general
Fever Vaccination body aches, nausea and vomiting, fatigue, and
weakness.
Requirement
Action Items
Effective 17 January 2017, the Nicaraguan
government has introduced a new Those intending to travel to Nicaragua
requirement for travellers entering Nicaragua from the designated countries who have
from certain countries to submit a yellow not already been vaccinated against
fever vaccination at the port of entry. This yellow fever should ensure they are
requirement is in response to a recent yellow vaccinated at least ten days before
fever outbreak in Brazil. travelling.

UPDATE: Since 6 February 2017, visitors to


Panama from Brazil are also required to PANAMA and COSTA RICA
present proof of vaccination.
Entry Restricted for
Who is Affected? Schengen Visa Holders
This regulation applies to anyone entering
Nicaragua from countries designated by the Effective 13 January 2017, Schengen Area
World Health Organization (WHO) as places visas are no longer accepted for entry into
with the potential for active transmission of Panama.
yellow fever will be required to present an
International Certificate of Vaccination for The policy change came after a similar step
yellow fever, showing a vaccine given at least was taken by Costa Rica, where visitor visas
ten days prior. This includes those who have for Schengen Area countries or Japan were
transited through one of the countries for also made ineligible for entry from 14
more than 12 hours. December 2017.

Those countries currently include Argentina, The moves do not affect most nationals of EU
Bolivia, Brazil, Colombia, Ecuador, French countries, the United States or Japan, who can
Guyana, Panama, Paraguay, Peru, Venezuela, enter both Central American countries
without visas for short stays.

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Panama should contact an immigration advisor
Panama continues to accept certain visitor or to check the latest visa requirements.
residence visas for United States, Australia,
Canada and the United Kingdom, which is
outside the Schengen Area.
ECUADOR New
Immigration Law
Those entering Panama on one of the visas
listed above must also be sure that the visa is Effective 6 February 2017, a new immigration
valid for multiple entries, is valid for at least law in Ecuador called Ley de movilidad
one year from the day of entering Panama, humana has superseded the previous
and has been used at least once to enter the legislation, and reorganised several visa
issuing country before travel to Panama. categories. Regulations to implement the new
law are expected.
Travelers who have met these requirements
will be permitted to stay in Panama for 30 Key Changes
days, renewable for an additional 60 days.
The 12-6 visa has been replaced by a
Costa Rica subcategory of temporary residence. It
Costa Rica continues to accept holders of is now obligatory to register with
multiple-entry visitor visas for the United Ecuadorian social security or travel to
States or Canada, or legal residence in the US,
Ecuador with a private health insurance
Canada or a European Union member state once a work visa has been approved.
(e.g. temporary or permanent residence, With the previous law, social security
student visa, work permit), valid for at least registration was not a requirement.
six months from entry into Costa Rica. The applicant will be allowed to leave
Nationals of Brunei, Kazakhstan, Malaysia, the country 90 days per year, for each of
Peru, Qatar, Taiwan, Ukraine and the United the first two years. The foreign national
Arab Emirates have been added to the list of must maintain his or her temporary
countries whose nationals may enter Costa residence visa for 21 months to qualify
Rica without a visa. to apply for a permanent resident visa.
The law includes some general
Background documentary requirements but it is
The Schengen Area consists of 22 European expected that the new regulations will
Union Member States and four non-members: clarify the complete list of documents,
Iceland, Liechtenstein, Norway and and the procedure and timing.
Switzerland. Bulgaria, Croatia, Cyprus and There is a new visa category for
Romania are not yet part of the Schengen dependents called personas amparadas
Area, but nonetheless have a visa policy that por el titular de la categoria migratoria.
is based on the Schengen area. The 12-9 visa has been eliminated. The
most similar category now is the special
Action Items visa for tourism, however this category
can no longer be renewed and can only
Foreign nationals travelling to Panama be applied for once every five
or Costa Rica and their employers years. Short-term work is still possible

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under this category, and dependents Visas for tourism, journalism, temporary
can apply for the same visa with the training/research, art or sports and visits
same rules. under international agreements.
Visas for Venezuelans and nationals of
Mercosur countries remain in force. Resident Status
This new category includes:
Action Items
Designated Worker Visa for
Foreign nationals who are resident in or assignments that require specialised
intending to travel to Ecuador should professional, commercial or technical
contact an immigration provider to knowledge with multiple entry for up to
check the implementation of the new one year;
immigration rules. Worker Visa for work under an
employment contract, a contract for
services or an intra-company transfer,
PERU New Law to with multiple entry for up to one year.
Reorganise Immigration Under this visa category, foreign
nationals will for the first time be
Categories allowed to work in the public sector as
well as the private sector.
A new immigration law (legislative decree
Family Member of Resident Visa for
No.1350), effective 1 March 2017, will
accompanying spouses or common-law
reorganise Perus immigration categories
partners, unmarried children up to 28
into temporary and resident categories, and
years of age and parents who will be
allow family members of foreign national
allowed to work as a dependent of a
residents to work with dependent status,
foreign national resident without
among other changes.
obtaining resident worker status, for up
This follows changes to certain documentary to two years;
requirements for resident worker and Training Visa for basic and higher
designated worker visas effective 23 education and exchange programs, with
December 2016. multiple entries for up to one year;
Permanent Residence Visa The
Temporary Status residency period required to qualify for
This new category includes: indefinite residence has increased from
two to three years;
Business Visa for business, legal, Visas for investment, research and
contractual or specialized technical residence under international
activities, with multiple entry for up to agreements.
183 days in a year;
Temporary Designated Worker Visa Immigration Registry
with multiple entry for stays of up to The new law also creates an electronic
183 days in a year; Migration Information Registry (RIM), which

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will store identification data of foreign only enter into force once a suspension
national visitors and residents. mechanism, allowing the temporary
reintroduction of visas in the event of
Sanctions migration surges or risks to public security, is
The law establishes a new system of sanctions in place.
including compulsory departure, deportation,
and fines for foreign nationals who overstay Background
their visa, fail to update their Identification The Schengen Area consists of 22 European
card information, fail to extend their visa Union Member States and four non-members:
within its validity period or to pay state visa Iceland, Liechtenstein, Norway and
fees, perform activities outside their Switzerland. Bulgaria, Croatia, Cyprus and
immigration status or, in the case or those Romania are not yet part of the Schengen
with more than one nationality, use the Area, but nonetheless have a visa policy that
wrong passport for entry or exit. is based on the Schengen area.

Action Items The visa waiver does not apply to the United
Kingdom and Ireland, which have opted out of
Note that, until the official government the Schengen area.
regulations and procedures are issued,
certain details of the implementation of Action Items
the new immigration law will remain
unclear. Note that nationals of Georgia will be
allowed to travel to the Schengen Area
for tourism, business or family purposes,
GEORGIA European for up to 90 days in any 180-day period
without a visa, later this year.
Parliament Approves
Schengen Visa Waiver for
LUXEMBOURG 2017
Georgian Nationals
Minimum Wage Increase
On 2 February 2017, the European Parliament
voted to approve visa liberalisation for The Luxembourg government has increased
Georgia, allowing Georgians to travel to the social minimum wage to 1998.59 from 1
the European Unions Schengen Area without January 2017 (up from 1922.96 in 2015 and
obtaining visas. 2016).

Under the visa exemption, Georgians who Skilled Workers


hold a biometric passport will have the right The minimum wage for skilled workers is 20%
to enter the EU visa-free for 90 days in any higher than that for unskilled workers, or
180-day period, for business, tourist or family 2398.30 from 1 January 2017 (up from
purposes, but not to work. 2307.56 in 2015 and 2016).

Next Steps
The legislation still needs to be formally
approved by the Council of Ministers, and will

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Background charitable sponsors. The skills charge is not
This years minimum wage rise is the result of applicable for the workers dependants.
two separate adjustments: Sponsors will need to pay the skills charge
upfront, and for the total period of time
The law of 15 December 2016 raised the covered by the CoS, at the same time that
minimum wage by 1.4% from 1 January they pay to assign a CoS.
2017.
According to the latest guidance, the
Also effective 1 January 2017, the
fees collected by the Home Office will be used
consumer price (cost of living) index in
by the Department for Education to address
Luxembourg has been adjusted, obliging
skills gaps in the UK workforce.
employers to increase salaries by 2.5%.
Who is Affected?
Action Items The skills charge will apply to a sponsor of a
Tier 2 worker assigned a Certificate of
Employers in Luxembourg should review Sponsorship (CoS) in the General or Intra-
the salaries of any current and future company Transfer route and who will be
employees. applying from:

Outside the UK for a visa;


UNITED KINGDOM New Inside the UK to switch to this visa from
Government Guidance on another;
the Immigration Skills Inside the UK to extend their existing
visa.
Charge
The skills charge does not apply if you are
The Home Office have released an update to sponsoring:
the Tier 2 guidance, which states that
additional fees will be charged to employers A non-EEA national who was sponsored
who recruit skilled migrant labour from in Tier 2 before 6 April 2017 and is
outside of the European Economic Area applying from inside the UK to extend
(EEA). This is expected to come into force on 6 their Tier 2 stay with either the same
April 2017. sponsor or a different sponsor;
A Tier 2 (Intra-company Transfer)
What is the Immigration Skills Graduate Trainee;
Charge? A worker to do a specified PhD level
The introduction of the Immigration Skills occupation;
Charge for employers who preferentially A Tier 4 student visa holder in the UK
employ skilled migrants is designed to switching to a Tier 2 (General) visa.
incentivise employers to invest in training and
upskilling the resident workforce. Dependents are exempt from the skills
charge.
Employers will pay 1000 per Tier 2 migrant
sponsored per year, with a reduced rate of
364 per migrant per year for small and

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obtain a residence visa and an Emirates
UNITED ARAB EMIRATES ID Card.
Visa on Arrival Extended to
Russian Nationals IRELAND Delays in
Russian nationals have been granted visas on
Employment Permit
arrival to United Arab Emirates (UAE), Processing, GNIB
following the Prime Ministers approval of a
cabinet decree at the end of January.
Registration Appointment
Booking and Security
Visa on Arrival Checks on Entry
The visa on arrival allows Russian nationals to
stay in the UAE for up to 30 days (with one 30- There are currently severe delays in the
day extension available for a fee). processing of Employment Permits and in
obtaining appointments for GNIB Registration
The visa on arrival program was extended to
in County Dublin.
Chinese nationals in September 2016. The
complete list of countries whose nationals can There has also been a tightening up of border
obtain a 30-day visa on arrival for UAE is as controls causing longer security clearance
follows: times at ports of entry into Ireland.

Andorra, Australia, Brunei, Employment Permit Processing


Canada, China, Hong Kong, Ireland,
Times
Japan, Malaysia, Monaco, New Zealand,
There have been significant delays in the
Russia, San Marino, Singapore, South
processing times for standard Employment
Korea, United Kingdom, United States of
Permit applications at the Department of Jobs
America, Vatican City.
Enterprise and Innovation (DJEI).
Nationalities of the Schengen Area member Currently standard applications are taking
states plus Bulgaria, Croatia, Cypress, approximately ten weeks to be processed.
Romania and the Seychelles can obtain a 90- This is due to a large volume of applications
day visa on arrival, valid for six months from submitted in November 2016, mostly from
the date of issue, and for a stay of 90 days in the medical professions/hospitals across the
total. country. It is also due to changes within the
government department itself.
Action Items
here is good news for companies who have
Note that Russian nationals can now obtained Trusted Partner Status as
obtain a visa on arrival to stay in the Employment Permits being sought under the
UAE for up to 30 days (with one 30-day scheme are currently being processed within
extension available for a fee). two to three weeks an improvement from
Be aware that all foreign nationals the end of 2016.
wishing to work in the UAE still require
an employment entry permit in order to

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Appeal applications are taking approximately scrutiny being enforced by immigration
16 weeks from the date of receipt by the DJEI. officers at all borders and ports of entry.

Applications for GNIB Stamp 4 Support Letters As a result, all assignees should have their
are taking approximately four weeks at documents at hand when arriving at their port
present. of entry so as to make clear their reason for
travelling to or from Ireland. It is equally
These timelines should be taken into account important that assignees carry with them the
when proposing start dates to new employees full and correct documents required to
or assignees coming to work in Ireland. For all complete the GNIB Registration process at
new applicants, we would advise that you their local Immigration Office.
make clients aware of these timelines from
the outset so as to manage expectations of Please note that the main office in Cork, at
the process. Anglesea Street Garda Station will not accept
temporary proof of residence which shows
GNIB Appointments at GNIB office, residence less than three months.
Burgh Quay, Dublin
Currently there are long delays in obtaining Action Items
appointments for GNIB Residence Cards. CCR
Employers should factor into their
recommends that you schedule your
planning the long processing times for
appointment well in advance (approximately
standard Employment Permits.
six ten weeks) so as to ensure that you
Assignees should book appointments for
obtain an appointment within the required
new or renewal GNIB registration at the
timeframe allocated by the DJEI.
Burgh Quay, Dublin office six to ten
For GNIB renewals, GNIB card holders should weeks in advance.
make an appointment ten weeks in advance
of the expiry date of their current GNIB Card.
GNIB Cards should be renewed within two VIETNAM Operating
weeks of their expiry so as to avoid issues at Offices Now Eligible to
renewal.
Apply for Work Permit
For first-time registrations, once employees Exemption for Intra-
have been granted their permit and are aware
of their approximate entry dates to Ireland, an Company Transferees
appointment for their GNIB registration if
Effective 1 February 2017, Circular 35
they will be residing in Dublin.
provides guidance on the implementation of
Stricter Security at Points of Entry Decree 11 of 2016, and details rules for intra-
Recent news reports have revealed that Irish company transfers to Vietnam that operate in
airline staff members have been involved in one of the 11 Service Sectors specified in
human trafficking at Dublin Airport. This has Vietnams World Trade Organisation (WTO)
had a knock-on effect on all persons traveling commitments.
to Ireland, with more in-depth checks and The only rule change is that Operating Offices
(Vn phng iu hnh) operating in one of

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the 11 specified sectors are now eligible to Non-Governmental Organisation (NGO)
apply for a work permit exemption (WPE) assignees;
instead of a work permit for intra-company ODA (Official Development Assistance)
transferees. project assignees
Intra-company transferees working in
Work Permit Exemption the 11 service sectors covered by the
Requirements Vietnam commitments on services with
All other aspects of the law pertaining to work the World Trade Organisation (WTO);
permit exemption for intracompany transfers Foreign national journalists licensed by
remain unchanged. The foreign enterprise the Vietnamese Ministry of Foreign
must meet the following requirements to Affairs.
apply for the WPE for their foreign national
workers: However, in practice, obtaining approval for a
work permit exemption is very difficult, and
The company must be operating in requires many of the same supporting
one of the 11 sectors specified in documents as a work permit application in
Vietnams WTO commitment and any case (e.g. police clearances, medical
has in the companys Vietnam checks) and so is very rarely used.
business license one of the
designated appropriate central Action Items
Product Classification CPC code
Operating Offices (Vn phng iu
for their business sector. If a
hnh) operating in one of the 11
company does not have the
specified sectors can now consider
appropriate CPC code in their
applying for work permit exemption
business license, they do not qualify
rather than a work permit for their intra-
for WPE and can apply for work
company transferees.
permits only.
The foreign transferee must hold a
managerial position, or be an SPAIN Higher Risk of
expert (specialist) or technician.
The foreign transferee must have Denial of Residence
been working for the foreign Authorisation Application
company which owns shares in the
Vietnamese registered entity for at The Spanish authorities are currently adopting
least 12 months prior to being much more restrictive criteria to decide
seconded to the Vietnam based applications for residence permits for Highly
entity. Qualified Employees under the
Entrepreneurs Act (Ley 14/2013).
Background
Several categories of foreign national Strict Qualifying Criteria
employees are exempt from the need for There is at present a higher risk of denial of
work permits, including: such applications if the following qualifying
criteria are not fully met:
Heads of Project Offices;

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The job position offered must require The employee must be paid at least
high qualifications the position listed another 1450 RON/month (up from
in the employment contract must 1050 RON/month) per accompanying
correspond with a position listed in dependent (equal to the national
Spain's "Catalogo Nacional de minimum gross salary).
Ocupaciones" (CNO) group 1 or 2;
The gross annual salary must be at least Action Items
30,000;
The employee must be highly qualified Ensure that foreign nationals
in an occupation relevant to the job employment contracts state that they
position a graduate or postgraduate are paid at least the minimum required
or, exceptionally, someone with a salary according to their work permit
similar background acquired through type.
experience.

Action Items MOROCCO Stricter


Application Requirements
Employers hiring highly skilled foreign
nationals in Spain under the
for Residence Permits
Entrepreneurs Act should ensure the
In the last few weeks, the immigration
employee and the job position fully
authorities in Morocco have introduced
meet the criteria for highly qualified
stricter rules for residence permit
residence authorisation.
applications.

ROMANIA New Minimum Changes


There has been no official announcement, but
Salary for Work Permits the following changes have nevertheless been
introduced:
Effective 20 February 2017, the Romanian
government has implemented new minimum Reduced tolerance for late renewals of
salary requirements for foreign nationals. Resident Permits: The border authorities
can prevent foreign nationals from
New Minimum Salary exiting Morocco if their resident permit
has expired. A specific authorisation
The new minimum salary required for
then has to be requested before
foreign nationals with a standard work
travelling;
permit is 3131 RON/month (up from
Restricted access to some of the police
2681 RON/month) which is equal to the
stations: Only residence permit
national medium gross salary as set out
applicants are allowed to enter;
in Law no.7 of 2017.
Additional documents may be
Highly skilled workers with a Blue Card
requested by authorities, such as
are required to be paid four times this
water/electricity bills, CV or bank
amount (approximately 12524
account statement;
RON/month currently).

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An interview with a General Directorate Changes to the rules of issuance of work
of National Security (DGSN) official is permits became effective 3 February 2017.
now often requested for initial Decree No. 28 of 18 January 2017 introduced
application or renewals. Applicants are the changes.
informed on the day of application;
The number of daily applications is now What are the changes?
limited (from 20 to 30 for initial The decree formalizes several rules which
applications in Casablanca or Tangier). earlier existed in practice, and introduces the
This requires applicants to show up early following changes:
before police station opening hours to
be sure that they can submit their Work permits can be issued for the
application the same day. purpose of concurrent employment;
The employer is obliged to conclude an
Action Points employment agreement within 90 days
after the decision to issue the work
Employers in Morocco should advise permit is made. If the employer fails to
their foreign national employees of the do so the work permit is to be cancelled.
new requirements. The time limit for submitting a copy of
the employment agreement is ten days
after the date it is concluded;
QATAR All Visitors Must If the documents supporting the
application are insufficient or
Present a Return Ticket on
inadequate, such application will be left
Arrival without consideration. The applicant will
be notified of this within three business
Qatars Civil Aviation Authority has days after the application was
announced that all travellers arriving in Doha submitted;
on tourist, family or business visas must The application for extension of a work
present a round-trip ticket, or risk being permit can be submitted not earlier
denied entry to Qatar. than 40 days before the expiry date;
If the state body decides to reject an
Action Items
application, the employer can appeal to
the state labour service within ten days.
All employees travelling to Qatar for
The terms of appeal are defined by the
business, family or tourism should
Ministry of Social Policy of Ukraine.
ensure they can present a round-trip
ticket on entry, to avoid being denied
entry.
Action Items

Employers in Ukraine should ensure that


UKRAINE Work Permit all required documents are submitted in
support of work permit applications on
Issuance Rules Amended behalf of their employees, and that
employment agreements are signed and
submitted within the time limit.

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type of residence permit, valid for definite
BELGIUM Residence term, is held by work permit B holders and
Administration Fee most of their family members).

Increased, Extended to In practice, the request to renew, extend or


replace a Belgian residence permit must be
Renewals submitted to the municipal authorities of the
Effective 1 March 2017, the Belgian federal town where the foreign national resides. The
government has increased the mandatory new contribution, which will have to be paid
administrative fee for first-time residence on top of the administrative fee for the
permit and long-term D visa applications. processing of new residence permits, is
considered an equitable compensation for the
In addition, a new law allows municipalities to administrative services provided by the
charge an administrative fee also for renewal, municipalities.
extension or replacement residence permit
applications. Action Items

Fee Increases Ensure that the correct administrative


The fee for work permit holders has increased fee is paid before submitting any
to 350 EUR (215 EUR previously) and for relevant first-time or renewal residence
dependent family members to 200 EUR (160 application in Belgium.
EUR previously)

A reduced amount (60 EUR - unchanged) is to SOUTH KOREA Revised


be paid by long-term residents.
Rules for Frequent Visitor
Exemptions include nationals of the European Visas
Union (EU) and Switzerland, children under 18
years of age and refugees. Effective 1 March 2017, foreign nationals
qualifying for a five-year multiple-entry visa as
New Renewal Fee frequent visitors to South Korea will have to
An Act, dated 18 December 2016, allows apply for this visa at a Korean consulate
municipalities to receive a similar contribution before travelling, rather than receiving it at
for the renewal, extension or replacement of the port of entry on arrival, as currently.
some residence permits.
Eligibility
This Act takes effect on 12 February 2017. Its
To qualify, applicants must be nationals
application will depend on an implementing
requiring a visa to visit Korea. However, visa-
Royal Decree, which will confirm the maximal
required nationals of China, Cuba, Kosovo,
amount of the contribution (probably 50
Macedonia and Syria are excluded from the
EUR), and which will determine for what
frequent traveller policy.
residence permits the contribution can be
received (the contribution would in any event Applicants must have visited Korea at least
be due for the renewal, extension or four times in the past two years, or at least
replacement of a residence permit type A: this

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ten times overall with at least one entry
within the last two years. MORE FROM PEREGRINE
Visa Validity Remember, all our news alerts can be found at
The C-3-1 visa for frequent visitors is valid for www.peregrine.im/news.
stays of up to 30 days at a time, for multiple
You can subscribe to our alerts from our
entries during a period of five years.
website, or follow @peregrineim on Twitter,
or our blog.
Action Items
For more information about Immiguru,
From 1 March 2017, business travellers Immigo and our other services, please visit
to Korea who qualify for the five-year www.peregrine.im.
multiple-entry frequent visitor visa must
be sure to apply for this at a Korean For any enquiries please contact
consulate before travelling, as it will no info@peregrine.im or +44 (0)20 7993 6860.
longer be issued on arrival. DISCLAIMER: The information contained in this immigration newsletter has been
abridged from laws, court decisions, and administrative rulings and should not be
construed or relied upon as legal advice. If you have specific questions regarding the
applicability of this information, please contact Peregrine 2015 Peregrine
Immigration Management Ltd.

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