Immigration weekly update, March 20, 2018

 

  1. Estonia
  2. France
  3. India
  4. Poland
  5. Slovakia

 

 

Estonia

Minimum monthly salaries increased

 
Employers submitting new or renewal applications for foreign nationals in Estonia must comply with the new salary thresholds.
 
The new minimum gross monthly salaries are: 
 
  • EUR 2,442 for top specialists.
     
  • EUR 1,221 for other specialists.
     
  • EUR 1,832 for EU Blue Card (EUR 1,514 for EU Blue Card applicants employed as top specialists).
 

Key considerations

 
Applications submitted prior to March 1, 2018 are exempt from the increases to the foreign worker’s minimum salary.
 
This summary was prepared using information obtained from the Estonian Foreign Police.
 
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.
 
 

France

Planned immigration changes for April 2018

Paris, France, City, Skyline
Changes under discussion will affect foreign students and foreign employees and their families. Some of the changes are as follows:
 
  • Faster processing times and less documentation requirements available to sponsoring companies via a “pre-approval process.”
     
  • DCEM (document de circulation pour étranger mineur) and TIR (titre d'identite republicaine) for accompanying children under 18 will be one permit category.
     
  • Intracompany Transfer (ICT): the employment history required with the corporate group will be six months (currently three months). A cooling-off period will apply requiring ICT permit holders to leave France for a minimum of six months when their permit expires before applying for another ICT permit. 
     
  • Non-EU graduates: The current temporary residence authorisation (APS) issued to non-EU graduates from a French university/school will change to a resident permit. This will allow students to travel and work in the Schengen area.
     
  • Passport Talent Category: This category will include new companies and projects, increasing the criteria for companies to qualify as “innovative,” even if they have not obtained a tax status of a “young innovative company.” The French tech visa would also qualify under this category.
 
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.
 
 

India

Sub-categories introduced for e-Business type (e-BV) 

 
The e-Business visa has introduced sub-categories as follows:
 
  • Crew of non-scheduled airlines who operate chartered flights and special flights (B-5).
     
  • Foreign academicians/experts covered under GIAN (B-6).
     
  • Foreign nationals who are partners in the business and/or functioning as Directors of a company (B-7).
     
  • Other miscellaneous categories that are eligible for a business visa and not covered by any subcategory listed under a business visa (B-8).
     
  • Foreign nationals who are engaged in commercial sports events in India on contract and receiving a remuneration (including coaches) (B-Sports).
 
When submitting an online visa application, applicants must select the visa type as well as the applicable sub-category based on the purpose of travel.
 
The student visa includes the following sub-categories: theological studies and missionary students.
 

Background

 
On November 27, 2014, the Electronic Travel Authorization (ETA) facility became operational for citizens in over 40 eligible countries, including those who are eligible for a visa on arrival. The ETA category was available for tourism, visiting friends and family, short duration medical treatment and business visits. It was expanded to 113 countries in 2015 and the visa type was renamed to e Tourist Visa (e TV). The visa was renamed again in April 2017 to e Visa with three subcategories: e Tourist Visa, e Business Visa and e Medical Visa. 
 

Key considerations

 
The document requirements and processing times for all visa sub-categories remain.
 
It is at the discretion of the immigration officer to approve the visa sub-category selected by the applicant.
 
Currently the online system does not provide a clear distinction between the e-Visa (Electronic Visa) and Employment Visa (E visa). Crown will monitor this and provide further information.
 
This summary was prepared using information obtained from the India Bureau of Immigration Online Portal.
 
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.
 
 

Poland

Intracompany Transferee Directive is Implemented

city in Poland, night, skyscraper
The Intracompany Transferee (ICT) Directive allows assignees to work in multiple European Union (EU) countries with an ICT Permit.
 
The ICT permit includes work and residence authorization. It is available to managers and specialists, valid for up to three years, and trainees for up to one year.
 
For foreign nationals whose ICT permit was issued by another EU country, a long-term mobility permit can be applied for, valid for the duration of the current ICT permit. This permit allows foreign nationals to travel to Poland while the application is in process. Work is not permitted until the mobility permit has been approved.
 
For short-term work assignments, foreign nationals who hold an ICT permit from another EU country can travel to Poland and work for up to 90 days within any 180-day period. This is provided they are working within the same corporate group of companies and the host company submits a notification to the Head of the Office for Foreigners in advance.
 

Key considerations

 
Foreign nationals must be outside of Poland and the EU when applying for the ICT permit. They must collect an entry visa from the Consulate in their country of residence prior to travel.
 
In order to qualify for the ICT permit, an individual must meet the following:
 
  • Have an employment history of at least one year with the corporate group (six months for trainees).
     
  • Meets the minimum salary requirements.
     
  • Demonstrate they have the professional qualifications required for managers and specialists, or educational qualifications required for trainees.
 
This summary was prepared using information obtained from the Polish Authorities.
 
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

Amendment to Employment Services Act

 
The Employment Services Act revision will affect employers of non-EU nationals, Slovak companies and non-EU nationals working in Slovakia.
 
Effective May 1, 2018 the changes include:
 
  • Shorter processing times for single permit applications.
     
  • Simplified processes of single permit applications for selected professions in regions with low unemployment rates.
     
  • Limited options on hiring non-EU nationals for employers who have broken any employment laws in the past two years.
     
  • A new requirement for Slovak companies to secure accommodation for non-EU nationals on assignment.
     
  • New document requirements (submitted to the labor office) for non-EU nationals on assignment from another EU Member State, for the provision of services.
 

Key considerations

 
Employers of non-EU nationals should be aware of the upcoming new requirements and expect delays to applications submitted while the changes are implemented.
 
This summary was prepared using information obtained from the Slovak Authorities (in Slovak) and 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. Estonia
  2. France
  3. India
  4. Poland
  5. Slovakia