Immigration weekly update: January 28, 2019


China: Visa renewals in Shanghai made easier

Foreigners in Shanghai looking to renew their visas will no longer need to submit paperwork proving their relationship to the person inviting them.

This applies to applicants of the following visas for the second time: M, Q2, S2, F, R and X2.

M visas

Foreigners in Shanghai will no longer need to provide a chopped Visa Extension Application Letter or Company Business License when renewing an M visa.

These rules only apply if the person inviting them has not changed from the first application.

This summary was prepared using information obtained from the Shanghai Public Security Bureau (in Chinese).

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 Debbie Beynon, Regional Immigration Manager, APAC.


Malaysia: Stricter enforcement of Visit Pass rules

The Expatriate Services Division (ESD) of the Immigration Department of Malaysia has reminded companies that the Professional Visit Pass (PVP) is intended for short-term work activities, and can only be issued for a maximum of 12 months, with no renewals.

Employers seeking to retain employees after 12 months are advised to apply for an Employment Pass (EP).

The PVP is for employees remaining on home-country payroll and contracts. Family members cannot obtain dependent status. An EP is issued to foreign nationals on a Malaysian contract and payroll.

Employment PassesBasic salary (MYR)Renewals permittedDuration of stay
EP 110,000Unlimited5 years
EP 115,000Unlimited2 years
EP 1113,000Twice12 months

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 Debbie Beynon, Regional Immigration Manager, APAC.


Malaysia: Tourist visa exemption for Indian citizens

The Malaysian Authorities has announced that citizens of India can be exempt from obtaining a tourist visa if the following requirements are met:

  1. The tourist is registered for an E-visa under the electronic travel registration and information system (eNTRI). Registration can be made:
  • By the tourist
  • By a travel agency registered with the Malaysian Embassy/Consulate in India on behalf of the tourist
  1. The visit is undertaken within three months of electronic registration.
  2. The visit is limited to 15 days and cannot be extended.

The tourist must enter and exit through any of the following designated airports:

  • Kuala Lumpur International Airport, Sepang (KLIA and KLIA 2)
  • Penang International Airport, Pulau Pinang
  • Langkawi International Airport, Kedah
  • Melaka International Airport, Melaka
  • Senai International Airport, Johor
  • Kuching International Airport, Sarawak
  • Miri International Airport, Sarawak
  • Kota Kinabalu International Airport, Sabah
  • Labuan International Airport, Sabah

Or through the following immigration control posts:

  • D11 – Sultan Iskandar Building, Johor
  • D12A – Immigration control posts at Kompleks Sultan Abu Bakar, Tanjung Kupang and Johor
  • D01 – Padang Besar, Perlis
  • D06 – Bukit Kayu Itam, Changloon and Kedah
  • D20 – Sungai Tujoh, Miri and Sarawak
  • D22A – Tedungan immigration control post, District of Batu Danau, Limbang, 5th Division Sarawak

A tourist is not permitted to apply for any other immigration pass and must present a return ticket to the Immigration Officer on arrival. The tourist will also be required to provide evidence of sufficient funds for the stay.

There must be a three-month gap between visits under this exemption.

This summary was prepared using information obtained from the Immigration Department of Malaysia.

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 Debbie Beynon, Regional Immigration Manager, APAC.


Netherlands: Brexit-related announcements

The Dutch Cabinet announced on January 7, 2019, that U.K. citizens who have right of residence in the Netherlands on March 29, 2019, can continue to live, work and study in the Netherlands in case of a no deal Brexit.Netherlands

A transition period from March 29 until July 1, 2020, will be introduced in the event of no withdrawal agreements being reached between the EU and the U.K..

All U.K. nationals and their non-EU family members living in the Netherlands will receive a letter from the Dutch Immigration Service (IND) before March 29, 2019. The letter will serve as a temporary residence permit during the transition period.

After the transition period a residence permit will be required for those who would like to stay in the Netherlands. The permit can be obtained as long as they meet the same residence requirements as EU citizens. The IND will send invitation letters to apply for a residence permit before April 1, 2020.

Should there be a deal between the EU and the U.K., U.K. nationals’ existing residence rights will continue to apply until the end of the transition period, during which the IND will invite them to apply for a residence document.

Key considerations

Unfortunately, the situation for non-EU family members of U.K. nationals after Brexit will remain unclear. What is clear, is that non-EU family members of U.K. nationals will no longer be considered family members of an EU citizen after Brexit. Therefore, they will no longer be able to derive rights based on EU law. A residence permit needs to be applied for on a different basis and they will no longer benefit from EU law.

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.


Philippines: ACR I-Card holders

Certificate of Registration Identity Card (ACR I-Card) holders under a long-term work visa in the Philippines must file their annual report. Holders are required to do so before March 1, 2019, at the main Bureau of Immigration office in Intramuros Manila, extension office or nearest satellite.Philippines

The following supporting documents are required:

  • Valid passport
  • ACR-I Card
  • Payment of PHP 310

Foreigners who are out of the country during the reporting period are advised to complete within 30 days of their return to the Philippines, providing a valid re-entry visa as supporting documentation.

Annual reporting is mandatory and non-compliance may result in a fine or cancellation of the registration.

This summary was prepared using information obtained from the Philippines Immigration Authority.

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 Debbie Beynon, Regional Immigration Manager, APAC.


Slovakia: New legislation affects immigration procedures

On January 1, 2019, Act No. 5/2004 on Employment Service and Act. No. 404/2011 on Stay of Foreign Nationals took effect.Slovakia

Listed below are the most significant changes:

  • All vacant positions must be reported to the Labor Office within 10 working days of filing a work permit application.
  • Foreign nationals applying for single permits or work permits no longer have to present legalized diplomas. Only regulated professions must fulfil this requirement.
  • Illegal employment records will be reviewed from the past five years for all immigration processes.
  • Shortage professions will be identified and published on a quarterly basis.
  • Municipality Consent must be provided.
  • Foreign police must request a Labor Office statement within seven days of receiving a temporary residence permit application for employment purposes.
  • Processing times will be shorter for certain applicants.
  • Residence card validity will no longer be shortened to align with passport validity. Exceptions include the early expiry of housing confirmation.

This summary was prepared using information obtained from European Commission.

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.


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