Immigration weekly update: November 18, 2021

a Immigration updates for AMER, APAC and EMEA regions


Americas

United States: New entry requirement

The U.S. government announced a new international air travel policy for arrivals. U.S. citizens and Lawful Permanent Residents (LPRs) who are not fully vaccinated must provide a negative Covid-19 test taken one day before departure. Fully vaccinated U.S. citizens and LPRs must provide proof of vaccination and a negative Covid-19 test taken 72 hours before departure.

Foreign nationals must be fully vaccinated and provide a negative Covid-19 test taken 72 hours before flight departure.

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

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.


Asia-Pacific

Australia: Entry for Singaporean nationals

From November 21, 2021, Singaporean citizens who are considered fully vaccinated can travel to Australia without seeking a travel exemption. They do not have to quarantine in New South Wales, Victoria, and the Australian Capital Territory.

This summary was prepared using information obtained from the Australian Government.

Japan: Entry requirements

The Japanese government has announced that employers may seek approval for entry for both short-term visitors and those seeking a long stay in Japan.

Long-term:

According to the latest border control measures, only two types of travelers are allowed to enter Japan:

  • Those traveling for short-term business purposes (stay within three months) with a copy of the screening certificate from the appropriate ministry / agency (regardless of nationality).
  • Travelers staying long-term with a copy of the screening certificate from the appropriate ministry / agency (regardless of nationality).

Foreign nationals who have been issued with a Certificate of Eligibility (CoE) will need to follow the CoE guidance, and seek a visa to enter after the approval has been given from the appropriate ministry / agency overseeing the employer.

Quarantine remains in place, but it may be shortened. Employers need to apply to the Japanese Ministry and Agency having jurisdiction over the business in question in advance. This application must be made regardless of whether a shortened quarantine is sought.

According to the latest measures, for travelers who enter Japan with a valid vaccination certificate and approval from the Japanese government, their ten-day quarantine will be shortened into three days. This means, from the fourth day until the tenth day of quarantine, travelers will be allowed to do business activities based on “Schedule of Activities in Japan”. Further information for arrivals applying for shortened quarantine and under the receiving organizations’ management can be found here.

Even if there are no plans to apply for a shortened quarantine, the receiving organizations in Japan are to pass screening from the Ministry and Agency having jurisdiction over the business in question in advance. While the receiving organizations apply to the government, they only need to input facility for quarantine in the “Schedule of Activities in Japan”. If they wish to apply for a shortened quarantine, the receiving organizations are supposed to present the business traveler’s valid vaccination certificate while applying to the government. Meanwhile, the business traveler is also required to present a valid vaccination certificate when in the quarantine office at the Japanese airports.

This summary was prepared using information obtained from the Ministry of Foreign of Japan.

Malaysia: Vaccinated travel lanes (VTL) between Malaysia and Singapore

With effect from November 29, 2021, Malaysia and Singapore will reopen the border with a special VTL between Kuala Lumpur International Airport and Changi Airport.

Under the VTL, fully vaccinated travelers can travel between Singapore and Malaysia. They will be subjected to Covid-19 tests instead of quarantining or a stay-at-home notice. The VTL arrangement will be open to all vaccinated citizens, permanent residents, and long-term pass holders based in Malaysia and Singapore. 

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

Taiwan: Relaxation of quarantine requirements

Foreign nationals who hold an Alien Permanent Resident Certificate (APRC) and their dependents can now work in Taiwan without applying for a work permit, which was previously required. Changes to the qualification for an APRC means that foreign nationals can apply for an APRC by residing in Taiwan for an average of 183 days per year continuously for five years. Extensions to Gold Cards can now be made ahead of the expiry date to allow holders to extend their stay in six-month increments for a total of one year per extension.

This summary was prepared using information obtained from the Laws and Regulations Database of the Republic of China.

Singapore: Eased entry restrictions

Country/regions category classifications update:

  • Category II: Travellers from Australia, Austria, Bahrain, Belgium, Bhutan, Brunei Darussalam, Bulgaria, Cambodia, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Ethiopia, Fiji, Finland, France, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Liechtenstein, Luxembourg, Malaysia, Maldives, Malta, Myanmar, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Republic of Korea, Rwanda, Samoa, Saudi Arabia, Slovakia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tonga Turkey, United Arab Emirates (UAE), United Kingdom, United States and Vatican City and Vietnam.
  • Category III: Travellers from Argentina, Bangladesh, Belarus, Brazil, Colombia, Estonia, Kuwait, Laos, Latvia, Lithuania, Mexico, Mongolia, Morocco, Nepal, Oman, Pakistan, Papua New Guinea, the Philippines, Romania, Russia, Serbia, Thailand and Ukraine.

Changes in testing regime: Professionally administered Antigen Rapid Test (ART) result will be recognized as a valid Pre-Departure Test (PDT) for travelers from Category II, Category IIII, and including travelers arriving via the Vaccinated Travel Lane (VTL). For avoidance of doubt, such travelers will still be allowed to present a negative Covid-19 PCR test result as valid PDTs.

This summary was prepared using information obtained from the Immigration and Checkpoints 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 Debra Jane Beynon, Regional Immigration Manager (APAC).


Europe, Middle east and Africa

Italy: Changes to the posted workers notification procedure

The Italian authorities approved a decree regarding the posted workers notification procedure. It will now be necessary to motivate the need to extend the stay in Italy of a posted worker after 12 months to 18 months and rules in place will be more restrictive for employers.

Decree 170/2021 of August 6, 2021, approved on October 31, 2021, set out the procedure to motivate the need of posting extensions after 12 months as follows:

  • The motivated notification for long-term postings must be communicated to the Ministry of Labour and Social Policies within five days of exceeding the 12 months duration of the posting.
  • The posted worker communication is valid as a motivated notification if the duration of more than 12 months is already predetermined at the beginning of the posting.
  • New postings: The new rules apply to any new postings starting from the date of entry into force of the Decree (August 6, 2021).
  • Long-term on-going postings: the motivated notification shall be carried out within 30 days from the date of entry into force of the Decree (August 6, 2021) and the 12-month period is calculated starting from July 30th, 2020.

Decree n. 122/2020 states that the maximum posting period is reduced to 12 months and extendable to 18 months in case of a motivated notification to the Ministry of Labor. After this period, the posted worker will be subject to the work conditions of the host state, including social security rules. When a posted employee is replaced for the same task or location, the 12 months (or 18 months) will be combined.

No source available at the time of writing.

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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