Immigration weekly update, April 19, 2018

 

  1. Chile
  2. Finland
  3. India
  4. Russia
  5. Slovakia
  6. Slovenia

 

Chile

Immigration Reform, National Migration Policy and local migration offices

bridge, trees, and buildings in chile
On April 9, 2018, the President of Chile, Sebastian Pinera, signed a new Migration Law Project, which aims to guarantee a "safe, orderly and regular migration." It has be sent to the National Congress for discussion and approval. 
 
Current regulations date back to 1975 and do not reflect the principles, institutional framework or flexibility necessary to adequately safeguard the interests of the country or the rights of migrants. The project promotes the integration of migrants, as well as respect for their fundamental rights. The State considers a foreigner’s contribution relevant to the social, cultural and economic development of the country. 
 

Key considerations

 
The New Migration Law has been presented to the Congress for debate and future approval. It isn´t in effect yet and the debate may take a few months. The original regulations are currently still in effect. 
 
In the Immigration Reform there will be a series of administrative measures with immediate effect. They will help decompress the intervening organizations and regularize the situation of many migrants in Chile. These measures will take effect on specific dates.
 
This summary was prepared using information obtained from the Ministry of Interior (in Spanish). 
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini, Global Immigration Operations Director, or Maria Miglionico, Immigration Specialist for Chile.
 
 

Finland

Implementation of intracompany transferee directive

 
The new intracompany transferee (ICT) permit, made up of a work and residence permit, has been implemented. The ICT permit is available in many European countries, issued for up to three years to managers and specialists or up to one year for trainees. 
 
The ICT permit is applied for at a Finnish consulate and requires a previous employment history of three to twelve months for managers and specialists, or three to six months for trainees. 
 

Key considerations

 
Employers and individuals should familiarize themselves with the requirements of the new ICT permit, including minimum salary thresholds.
 
Holders of ICT permits issued for Finland have the option to work in another EU member state for up to 90 days. This is provided they are working for an entity that is part of the same group of companies. A notification may be required for longer stays. A mobile ICT permit may apply in the other EU member state.
 
This summary was prepared using information obtained from the Finnish Immigration Service.
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani,  Regional Immigration Manager EMEA.
 
 

India

Bureau of Immigration extends all visa-related e-services to an additional nine locations

city in india, at dusk
After e-FRRO implementation in February 2018, all consular services in India for foreign nationals are to be applied for through an online portal (e-FRRO Services). The e-FRRO has been extended to Kolkata, Amritsar, Lucknow, Hyderabad, Ahmedabad, Cochin, Thiruvananthapuram, Kozhikode and Puducherry locations.
 

Key considerations

 
All communication with foreign nationals regarding visa-related services will be done through electronic means only (email/SMS).
 
It is at the discretion of the approving officer to accept the online application. There is a possibility that the applicant may be requested to visit the FRRO/FRO office for further processing.
 
This summary was prepared using information obtained from the Indian Bureau of Immigration
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon, Regional Immigration Manager, APAC or Bopanna Nanjappa, Immigration Manager for India.
 
 

Russia

Introduction of new notification forms

 
Effective April 20, 2018, the Ministry of Internal Affairs (MIA) in Russia will introduce new forms for notification of the labor activity of foreign nationals. 
 
The forms and rules for notifying the authorities have changed as follows:
 
  • Conclusion of employment contracts with foreign nationals.
     
  • Termination of employment contracts with foreign nationals.
     
  • Salary paid quarterly to Highly Qualified Specialists (HQS).
 
The deadline for submitting the notifications of contract conclusion and termination has been clarified: the three business day term should be calculated from the day following the contract conclusion or termination date. 
 

Key considerations

 
Crown World Mobility advises employers to ensure they are aware of the most recent updates and use the correct notification forms and rules. Violations of the notification rules are subject to fines and administrative penalties.
 
This summary was prepared using information obtained from Peregrine Immigration Management.
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani,  Regional Immigration Manager EMEA.
 
 

Slovakia

Further updates to the recent amendment of the employment services act

water front with large building and boat.
The National Council has removed an important section in the Amendment of the Employment Services Act (Law No. 5/2004). The section was governing the assignment of third-country nationals to Slovakia, based on assignment contracts.
 

Key considerations

 
Companies and foreigners assigned to Slovakia under this (work authorization) category will not be immediately impacted. Current permits will remain valid until expiration for those currently holding one. The amended legislation does not provide a clear indication regarding renewals. The assumption is renewal applications for these individuals are not possible and they must apply under a different category; likely local payroll.
 
Companies and foreigners with applications in progress to be filed under this model must choose a different category.
 
Work authorization categories that are available include:
 
  • Local Employment (Single Permit): Labor market testing is required.
     
  • Work Permit based on WTO agreements: Applicable only to certain groups of employees (company executives and specialists) from certain countries.
     
  • ICT Model: Applicable only to certain groups of employees who are coming to Slovakia based on intra-company transfers.
     
  • Assignment from another EU Member State: Where the payroll would need to be located in another EU country and employee is sent for secondment to Slovakia.
 
Slovak legislation contains further categories/scenarios for work authorization permits but they would not apply to the situation where Non-EU nationals are assigned to work in Slovakia for an extended period of time.
 
The authorities are currently conducting training for the labor office employees regarding the amendment. Further updates are expected in the near future.
 
The amended law effective May 1, 2018 can be found here.
 
This summary was prepared using information obtained from Dashofer (HR and Payroll Specialists News Channel). 
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani,  Regional Immigration Manager EMEA.
 
 

Slovenia

New intra-corporate transfer permit available 

 
Following the EU Directive 2014/66. Slovenia has introduced a new work and residence permit rules for intra-corporate transfer (ICT) effective immediately. The new ICT work and residence permit is available to third-country nationals transferred to work in Slovenia. They must be within the same group of companies as managers, specialists with suitable professional qualifications, or trainees with a university degree.
 
Conditions applying to this new ICT permit are as follows:
 
  • The foreign national must have worked for their sending company for at least nine months (six months for trainees). 
     
  • The ICT permit is issued for a duration of up to twelve months for managers and specialist and is renewable for twelve months at a time up to a maximum total of three years.
     
  • For trainees, the maximum total stay is one year.
     
  • A holder of an ICT permit issued in Slovenia will be able to work in another EU member state for stays of up to 90 days in a 190-day period, without a separate work permit. This is provided it is for a company of the same group. The host country may require a notification. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
     
  • A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Slovenia for up to 90 days without obtaining a separate permit. A notification must be filed with the authorities no later than eight days after the transfer takes place.
     
  • For assignments of more than 90 days in Slovenia, a holder of an EU ICT permit issued in another EU member state must apply for a long-term transfer permit, within 30 days of entering Slovenia. The applicant can enter Slovenia while this application is pending and can start work before the permit is approved. This permit cannot be issued for longer than the validity of the original EU ICT Permit from the first EU member state. 
 

Key considerations

 
Crown World Mobility advises employers to carefully verify the new rules and regulations when intending to transfer a third-country national outside the EU to Slovenia.
 
This summary was prepared using information obtained from Peregrine Immigration Management
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani,  Regional Immigration Manager EMEA.

 

  1. Chile
  2. Finland
  3. India
  4. Russia
  5. Slovakia
  6. Slovenia