Immigration weekly update: August 12, 2019


China: New immigration policies

The National Immigration Administration implement 12 new policies in China to attract foreign talent.

Benefits include:

  •  Easier entry for skilled foreign applicants
  • An increase in application opportunities for foreign residency (long-term visas/residence permits)

Impact

  • Innovation and entrepreneurship part-time occupations are available to highly skilled foreign nationals who already work in key institutions and well-established enterprises in China. They will require consent from their employer and the Exit-Entry Bureau.
  • Foreign students can apply for residence permits with a duration of two to five years. Students must hold a bachelor’s degree or higher from key institutions in China or renowned universities. They should also engage in innovation and entrepreneurship activities in China within two years of graduation.
  • One-year internships are available to foreign students from overseas institutions who are invited to work in China temporarily.

Long-term visas and residence permits:

  • Port entry visas can be applied for at the Public Security Bureau. The Exit-Entry Bureau accept multiple visa or residence permit applications (valid for less than five years) made prior to entering China. Specific application criteria and relevant supporting documentation must be provided.
  • A residence permit (valid up to five years) is available to foreign talent and members of start-up companies operating in key local industries.
  • Foreigners may recommend and support colleagues applying for long-term visas or residence permits (valid for up to five years).
  • Applicants without a criminal record are eligible for a work residence permit (especially if they have already applied twice consecutively).

New applicant types for permanent residence:

  1. High level, professional foreign talent, who meet the needs of the state on the recommendation of the authorities.
  2. Foreign workers who meet the following criteria: worked in China for four consecutive years; have resided in China for at least six months of each year; satisfy the income threshold; and pay income tax 20% above the standard income.
  3. Foreign Chinese workers who meet the following criteria: hold a doctoral degree or are in key development areas of the state; worked in China for more than four consecutive years; and have resided in China for at least six months of each year.

Dependents, such as foreign spouses and children, can apply together with the main applicant.

Looking ahead

Where large populations of foreigners exist, Immigration Service Centers will be established to provide services relating to working, studying and living in China.

This summary was prepared using information obtained from Peregrine Immigration Management and the Asia Times website.

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 Pamela Williams, Immigration Team Lead for China.


Colombia: SIRE reporting requirements

Companies in Colombia who hire foreign workers and sponsor their immigration applications are required to register with Migration Colombia’s online system (SIRE). They must report the start and end dates of the foreigner’s activities.

Impact

Where there is a visa category change, the foreign national must now submit a new registration – even where the contractual relationship with the sponsoring company has not changed. The company must also submit a notification for the disengagement as well as submit a new notification for the new visa.

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 Operations Director, Immigration.


UAE: Ministry of Human Resources & Emiratisation introduces Open Day

The Ministry of Human Resources and Emiratisation (MOHRE) has introduced an Open Day process to expand localization in the private sector. This is an update to the implementation of Tawteen in 2017. The purpose of the Open Day is to ensure that available job opportunities are provided to the local workforce first before looking to sponsor an overseas individual.

Impact

Companies falling under the jurisdiction of the Mainland are required to advertise new positions via Open Day and schedule an appointment with the Emiratisation Department to hire UAE nationals. Under the Tawteen guidelines, MOHRE will invite the UAE national to an interview where the candidate can accept or reject the offer. The advertised role will remain open for up to five days; thereafter the employer will be required to justify reasons for hiring the foreign national if a suitable UAE candidate is not found. Employer or candidate rejections will also require a justified reason.

Currently, MOHRE has selected large companies with specific sectors to participate in the labor market testing. However, this threshold may be extended to companies of all sizes and sectors. Employers should expect delays in securing work permit approvals for their foreign nationals.

Companies operating outside of MOHRE Mainland are exempt from the process.

This summary was prepared using information from the Ministry of Human resources and Emiratisation.

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, Regional Immigration Manager, EMEA.


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