Immigration weekly update: April 8, 2019


India: Extension for employment and business visa

Indian authorities announced that employment and business visas can be extended consecutively for a period of up to ten years. Previously visas were extended for only five consecutive years.

Because approval is contingent on good conduct, on-time IT filling, submission of supporting document etc. we advise clients to complete the process two months prior to expiry.

This summary was prepared using information obtained from the Indian Press Information Bureau.

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.

 


 Italy: Government’s ruling on no-deal Brexit

On March 25, 2019, Italian government outlined the measures it would take if the U.K. leaves the EU without a deal.

Italian Residency applications

U.K. citizens currently residing in Italy and their non-EU family members can obtain residency status if they have the following before December 31, 2020:

  • EU residence permit for long-term residents: If at the date of Brexit they have resided in Italy for at least five years
  • Residence permit for residency valid five years: If at the date of Brexit they have regularly resided in Italy for less than five years

U.K. citizens and their non-EU family members who do not satisfy requirements will be subject to the same sanctions applicable to non-EU nationals with effect from January 1, 2021.

Italian Citizenship applications

Until December 31, 2020, U.K. citizens who regularly reside in Italy for at least four years at the date of Brexit may apply for Italian citizenship. Any applications filed after this deadline may be processed under the same regulations applicable to all other non-EU nationals.

This summary was prepared using information obtained from the Official Gazette (in Italian).

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 Laxmi Vikraman, Global Operations Director, Immigration.


Switzerland: Changes to Aliens Act (AuG)

Swiss immigration have introduced language proof as part of the revision of the AuG. Due to the Free Movement of Persons Agreement these regulations do not apply to the following states: Austria, Belgium, Denmark, France Germany, Greece, Italy, Netherlands, Portugal, Principality of Liechtenstein, and Spain.

Spouses are required to submit a local language certificate for their B permit renewal. This requirement is waived for those who can proof they are able to communicate in the local language at their place of residence. Level A1 should be reached to have the residence permit B extended after one year, in the context of family reunification.

Additional changes that came into effect due to the AuG revision:

  1. The spouse of a non-EU national, applying for family reunion, will need language school registration confirmation, or assurance that an A1 language certificate will be provided within 12 months.
  2. After 12 months, renewal applications for work and residence permits will be subject to confirmation of A1 language skills.
  3. After five or ten years (depending on nationality) permit C (permanent residency) will be issued. For this permit, applicants require level A2 for speaking and A1 for writing.

Key considerations

Interpretation of the changes to the AuG are at the discretion of the cantonal authority. Authorities in Vaud for example will only require the proof of language after the family’s arrival in Switzerland. Whereas in Geneva the Migration office requests confirmation of registration in a French language course before issuing authorization for entry. In Zurich and Bern, spouses require a confirmation of registration in a German language course. They must also receive an A1 level certificate within 12 months for the renewal. In Basel all non-EU nationals will receive 80 hours of language classes, alongside an A1 language certificate for their first renewal application.
Since the changes are interpreted differently in the different cantons, we advise employers and employees to verify details with the immigration specialist.

This summary was prepared using information obtained from Cantonal Office of Population and Migration (in French).

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.


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