Belgium: Additional single permit measures
Due to the slow processing of single permits, the Belgian government has announced new measures.
Now, foreign employees applying for single permit extensions (renewals) can continue to work as soon as the regional employment authority issues its work authorization approval decision.
These applicants will receive a provisional right residence (ANNEX 49), pending the decision regarding their stay.
Funds have also been made available to hire 20 new staff members at the Federal Immigration Office and procedural adjustments made to speed up processing times.
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 Laxmi Vikraman, Regional Immigration Manager (EMEA).
Canada: Exit data collection
In 2018, Canada’s parliament established Bill C-21, ”An Act to Amend the Customs Act,” stating Canada’s immigration authorities legal right to gather travelers’ exit data. This process is expected to be implemented in June 2021 and application of the law will have different implications. Among them are:
- Permanent residence residency obligation calculations:
- Subject to certain exceptions (e.g. outside Canada accompanying a Canadian citizen spouse), permanent residents must be physically present in Canada every two out of five years to maintain their status.
- The Immigration Refugees and Citizenship Canada will count on its own record to confirm time spent in Canada.
- Citizenship residency obligation calculations:
- Individuals seeking citizenship in Canada must meet several requirements; among them are residency in Canada for three years out of the last five years.
- Overstays:
- If someone fails to exit Canada, they could be out of status. CBSA (Canada Border Service Agency) will check and it could lead to further enforcement action
- Recaptured time calculations for work permit holders subject to cap:
- Certain work permit categories have ‘’caps’’ as to how long such work permits can be valid (including renewals). For example, a specialized knowledge intra-company transfer work permit has a five-year total cap including renewals, but the law allows for such work permit holders to ‘’recapture’’ time that they were not in Canada during the currency of the work permit. If an intra-company transferee has been in Canada for only four out of the allowable five years, then they may be able to recapture the one year not used and extend their work permit for another year.
- IRCC will confirm claims from foreign workers who wish to rely on their absences from Canada in this regard.
- Validation of information/misrepresentation allegations:
- Any disagreements between government records and a person’s statements may lead to assertion the misrepresentation.
- Other non-immigration consequences:
- Besides the above, there could be implications relating to tax residency requirements.
- Immediate consequences for violations:
- Outgoing travelers may be issued some form of removal order, depending on the reason, and future entry may be restricted.
This summary was prepared using information obtained from Kranc Law.
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 Manager, Immigration.
Switzerland: Employers obligation to cover expenses
The Swiss Federal Council announced an amendment to the conditions on admission, residence and employment (Verordnung über Zulassung, Aufenthalt und Erwerbstätigkeit, VZAE) as well as the conditions on employees posted to Switzerland (Entsendeverordnung). These changes will come into force on April 01, 2020.
Impact
The amendment outlines the obligation of employers to cover the expenses of their posted workers in Switzerland for 12 months. Currently, expenses for transportation, accommodation and meals are covered for the entire duration of an assignment.
This means that employers are no longer obliged to pay expenses for travel, accommodation and meals arising from long-term assignments either as part of an inter-company transfer or a cross-border service.
These changes are not applicable for posted workers for whom a minimum wage is guaranteed – either based on a collective bargaining agreement or a standard employment contract according to Art. 360a of the Code of Obligations (i.e. employment contract in sectors where the authorities have imposed a standard minimum wage).
This summary was prepared using information from the State Secretariat for Migration. (in German)
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).
Latest coronavirus updates:
Austria: Austrian authorities implement additional measures to control the spread of coronavirus. More info at: Austrian Federal Ministry for European and International Affairs (in German)
Hungary: Hungarian government announce travel restrictions for the following countries: China, South Korea, Iran and Italy. More info at: Gov.hu (in Hungarian).
Hong Kong: Hong Kong authorities make further announcements regarding its preventative measures. More info at: Gov.uk
India: India orders new travel and visa restrictions. More info at: Bureau of Immigration
Italy: Italy extended its emergency measures to the entire country. More info at: Italian Ministry of Health (in Italian), The Guardian, Decree of the President (in Italian)
Japan: New measures are taken to strengthen the border. More info at: Kyodo News
Saudi Arabia: The government of Saudi Arabia limited land crossing and temporarily restricts entry at post for arrivals from the UAE, Kuwait and Bahrain. More info at: Saudi Arabia Press Agency
Slovakia: The government of the Slovak Republic announces restrictions on international passengers as well as mandatory 14-quarantine for all citizens coming from China, Iran, Italy and South Korea. More info at: Min.sk (in Slovak)
Vietnam: Vietnam’s Prime Minister suspends visa-waiver program for foreign nationals from eight European countries. More info at: Vietnamnet.vn
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