Immigration weekly update, March 15, 2018

 

  1. Chile
  2. Indonesia
  3. Kazakhstan
  4. U.S.

 

 

Chile

Work and residence permit processing times increased

Chile city with mountain and snow in the background during a sunset
The following delays are expected for new applications:
 
  • Temporary Special Work Permit processing time has increased to 70 days (previously 30-45 days). This permit allows individuals to work temporarily while their work or residence permit application is in process. 
     
  • A further 60 days for the actual work or residence permit to be issued (previously 45 days), following the issuance of the Temporary Special Work Permit. 
 
The following delays are expected for renewal applications:
 
  • Renewal processing times have increased to 200 days (previously 90-100 days).
 
The following delays are expected for permanent residence applications:
 
  • Processing times are currently taking up to 14 months (previously 8-10 months). A certificate of application in progress is provided to applicants that allows them to work, reside and travel in and out of Chile while their application is processing or in progress.
 
The work/residence permit categories affected for new and renewal applications are Temporary Residence Visas, Work Contract Visas and Mercosur Temporary Residence.
 

Key considerations

 
Employers of foreign nationals and individuals should plan well in advance to allow sufficient processing time.
 
For new applications, a Special Work Permit for Tourists can be applied for. This will allow work for up to 30 days and can be extended up to 90 days in total.
 
Renewal applications should be filed 90 days prior to expiration of current work/residence permits. Confirmation of the application submission can be used as proof that the renewal application is in process. 
 
This summary was prepared with information received verbally from the Chilean Immigration Department.
 
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 Operations Director, Immigration.
 
 

Indonesia

Introduction of a simplified work permit application process for oil and gas companies

 
Authorities have announced oil and gas companies who intend to hire foreign workers in Indonesia will no longer require an Expatriate Placement Plan (RPTKA). This is the request for approval to hire foreign workers. They will also no longer require an IMTA (work permit) recommendation letter from the Directorate of Oil and Gas (Dirjen Migas). Applications can now be made directly to the Ministry of Manpower (MOM). 
 
The new process will significantly reduce processing times for work permits for this sector. 
 

Document requirements

 
Oil and gas companies and contractors employing foreign workers for a period of six months or less do not need to follow the document requirements set out in regulation EDSM 31.2013. In addition to the standard documentary requirements, applicants for a long-term work permit of 12 months will be expected to fulfil the following: 
 
  • Work experience in the oil and gas sector of at least five years, evidenced by an employment reference letter.
     
  • A bachelor’s degree or higher.
     
  • Have an Indonesian Labour companion. This is a local counterpart employee for the transfer of knowledge and technology.
     
  • A project contract/co-operation agreement.
 

Key considerations 

 
For partnership contract companies (K3S) confirmation on whether a recommendation from SKK MIGAS is required.
 
Sub-contractor companies can work in the oil and gas sector without any approval or recommendation from the Drijen Migas. This is applicable for both new and renewal work permit applications.
 
The Directorate of Oil and Gas no longer has the authority to supervise foreign employees in oil and gas companies. This will now be undertaken by the MOM and the Immigration authorities. 
 
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 Debra Beynon, Regional Immigration Manager, APAC.
 
 

Kazakhstan

Potential fines for late notification of arrival of foreign nationals

 
As per the change to the code of administrative offences, host entities in Kazakhstan should notify the internal affairs body of foreign nationals within three business days of sponsored foreign national's arrival. Failure to do so could result in one of the following fines:
 
  • 10x MCI* for individuals, officials, small business and non-commercial organizations
     
  • 15x MCI* for medium-sized businesses
     
  • 20x MCI* for large businesses
 
*MCI = monthly calculated index, currently KZT 2,405 (approximately US$ 7.50)
 
Further information regarding the official statements and laws (in Russian) can be found on the Kazakhstan web portal (page 8).
 
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.
 
 

United States

1. Re-registration period opens for Syrians with Temporary Protected Status 

building in Philadelphia Pennsylvania
Syrian nationals who currently have Temporary Protected Status (TPS) must re-register between March 5, 2018 and May 4, 2018 to maintain their status. 
 
Information on re-registration and renewal of employment authorization documents is available in the Federal Register and on United States Citizenship and Immigration Services (USCIS).
 
This summary was prepared using information obtained from the USCIS.
 
 

2. Proposal to remove H-4 spousal work authorization regulation

 
The Department of Homeland Security (DHS) plans to publish the proposal for removal of the H-4 spousal work authorization regulation (EAD) in June, 2018.
 
The DHS must first draft the proposed rule which is then reviewed by the Office of Management and Budget (OMB). Once completed, a formal notice of the proposed rule must be published in the Federal Register, allowing organizations and individuals to provide feedback.
 
Following the public comment period, the DHS will conduct a review of the feedback and issue a final rule.
 

Key considerations

 
The process to issue the final rule will take several months to be completed. Until then, the United States Citizenship and Immigration Services (USCIS) will continue to accept and process H-4 EAD applications.
 
The H-4 EAD regulation is key for hiring global talent. Feedback from organizations on the proposed rule is crucial.
 
This summary was prepared using information obtained from the Office of Information and Regulatory Affairs, Office of Management and Budget.
 
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 Operations Director, Immigration.

 

  1. Chile
  2. Indonesia
  3. Kazakhstan
  4. U.S.