Immigration weekly update, March 28, 2018

 

  1. Australia
  2. Brazil
  3. Guatemala
  4. India
  5. Peru
  6. Philippines
  7. United Kingdom
  8. United States

 

 

 

Australia

New global talent scheme

Brisbane Australian, bridge, immigration, daylight
The Department of Home Affairs in Australia (DHA) announced that a new visa scheme to attract highly skilled talent to Australia will be piloted. It is due to start on July 1, 2018. 
 
This will place employers into two streams – established businesses and start-ups – with no occupation list restrictions. They will be able to access four year subclass 482 (TSS) visas via a streamlined application process. This will also provide a streamlined pathway to permanent residence after three years.
 

Employer criteria

 
  • Established businesses must be publicly listed or have an annual turnover of at least AUD 4 million for two consecutive years. They can access up to 20 positions per annum. 
     
  • Start-ups must operate in a STEM related field (e.g. Digital, biomedical, agtech) and be endorsed by a “start-up authority.” Entities for this role will be added in consultation with the industry before the pilot begins. They can access up to five positions per annum. 
 
Employers in both streams will need to meet the following criteria: 
 
  • Demonstration that their recruitment policy gives first preference to Australian workers.
     
  • Labor market testing for the specific positions.
     
  • Good corporate practices containing no breaches in workplace or immigration law with employees paid in accordance to an enterprise agreement or internal salary table. The table must reflect current market salary rates for all occupations in the business. 
 

Applicant criteria

 
  • Applicants in the established business stream must have minimum annual earnings of AUD 180,000.
     
  • Applicants in the start-up stream will require minimum earnings at the market salary rate. This can include equity but must have a cash component of no less than the Temporary Skilled Migration income threshold of AUD 53,900.
 
In either stream, applicants must meet the following criteria:
 
  • Health, character and security requirements.
     
  • No familial relationship with directors/shareholders.
     
  • Qualifications must be commensurate with the highly skilled role.
     
  • At least three years’ work experience directly relevant to the position.
     
  • Capacity to transfer skills/develop Australians.
 

Key considerations

 
Crown will continue to update employers who may qualify for the scheme with further details before and during the twelve-month pilot.
 
This summary was prepared using information obtained from the Australian Department of Home Affairs. Further information can be found here.
 
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.
 
 

Brazil

In-country resident authorization applications no longer require criminal records

 
The Ministry of Labor in Brazil has made changes to in-country residence authorization applications. Applicants are no longer required to submit criminal records that cover all countries where they have resided in the past five years. This is dependent on previous submission of such document to the consulate of Brazil in their country of origin when the candidate applied for their initial visa for work purposes. Previously, it was required for these documents to be resubmitted for in-resident authorization applications. 
 

Key considerations

 
First time applicants for in-country temporary residence (change of status) are required to present criminal records covering all countries they have resided in the past five years. These must be apostilled or legalized with a sworn translation to Portuguese.
 
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 Roberta Carnaccini, Global Immigration Operations Director or Rafael Pavanelli, Brazil Immigration Manager.
 
 

Guatemala

Venezuelan nationals no longer visa exempt

 
Venezuelan nationals traveling to Guatemala for any purpose now require a consulted visa, obtained prior to travel.
 
The consulted visa is applied for through Guatemala authorities and can take up to eight months to be processed.
 
Venezuelan nationals who hold a residence permit for Guatemala are exempted from this requirement. Valid U.S. or Canadian visa holders must obtain a visa at the Guatemalan consulate prior to travel but do not need to apply for the consulted visa in Guatemala.
 
This summary was prepared using information obtained from El Nacional and La Republica (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.
 

India

Deadline to link Aadhaar card extended

Mumbai India, Immigration, city, dusk
The Supreme Court of India has extended the deadline for residents to link their Aadhaar numbers to their bank account, mobile SIM card, PAN (Permanent Account Number) card and other services and schemes. This is until a verdict is delivered on the constitutional validity of the biometric identification number and its enabling law.
 
The Unique Identification Authority of India (UIDAI), which issues Aadhaar, has clarified that the requirement of Aadhaar for opening new bank accounts will continue.
 

Background

 
Aadhaar is a 12-digit unique identity number and was introduced in January 2009. It is issued to all Indian residents based on their biometric and demographic data.  In 2017 the Reserve Bank of India (RBI) made it mandatory for non-residents of India to obtain Aadhaar to file taxes. It is also necessary to access other services in India such as a bank account and mobile SIM card. 
 

Key considerations

 
Corporates and individuals should obtain the Aadhaar card and link it to their bank account, mobile phone and insurance accounts within the deadline.
 
This summary was prepared using information obtained from the Economic Times.
 
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.
 
 

Peru

Simplified process for foreign nationals

 
The Peru Migration authorities (Migraciones) plan to move part of the immigration status process in Lima online to streamline the change of immigration status.
 
Foreign nationals must register their biometric data when filing an application to change immigration status. Online access will be given at the time of application. They can use this to see the decision following the review period. If approved, they can schedule the delivery of their Foreign Card online.
 
This summary was prepared using information obtained from the Peru Ministry of Interior.
 
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.
 
 

Philippines

Additional document requirements for Alien Employment Permit applications

 
The Department of Labour and Employment in the Philippines (DOLE) has announced additional document requirements for Alien Employment Permit (AEP) applications on April 2, 2018. There will also be a new application form (s 2018) which must be used when submitting an AEP application. 
 

Key considerations

 
In support of an application for an AEP, certified true copies (per page) will be required of the following:
 
  • Mayor’s permit/business permit.
     
  • Certificate of registration and articles of incorporation from the Securities and Exchange Commission where applicable. 
     
  • Updated general information sheet where applicable. 
 
This summary was prepared using information obtained from the Philippines DOLE 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 Debra Beynon, Regional Immigration Manager, APAC.
 
 

United Kingdom

Work authorization requirement for Croatian nationals to be lifted

 
Croatian nationals will be able to obtain employment in the same way as other EU nationals from June 30, 2018.  The U.K. and other member states (Austria, Slovenia and the Netherlands) previously placed restrictions on Croatian nationals to protect their local labor markets.
 
Standard timeline for the restriction was set at five years, applicable when Croatia joined the EU in 2013. The U.K. has found insufficient evidence that there would be a serious disturbance to the labor market if the restrictions were removed.
 

Key considerations

 
This is separate to any further discussions or decisions made regarding EU nationals and Brexit.
 
This summary was prepared using information obtained from Gov.uk.
 
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

Premium processing of H-1B cap applications will be temporarily suspended April 2, 2018

New York, United States, Manhattan, central park, Immigration
To process long-pending applications the United States Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing of all FY 2019 H-1B cap filings (including applications seeking an exemption for individuals with a U.S. master’s degree or higher). During this time H-1B cap applications will not be eligible for 15-day processing. The suspension is expected to last until September 10, 2018.
 
The USCIS will continue to accept premium processing requests for non-cap H-1B cases.
 

Key considerations

 
All premium processing H-1B cap applications will be rejected if submitted during this time.
 
Foreign nationals are unable to travel internationally while their H-1B cap application is in process.
 
This summary was prepared using information obtained from the USCIS.
 
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.
 
 
 
 
  1. Australia
  2. Brazil
  3. Guatemala
  4. India
  5. Peru
  6. Philippines
  7. United Kingdom
  8. United States