Immigration weekly update: October 1, 2018


Philippines: Visa sticker not available for Temporary Visitors

The Bureau of Immigration has issued a “Note With Recommendation” warning that it has run out of the visa stickers, which are usually issued for the extension of temporary visitor or 9 (a) visas (“TV Sticker”).

What is the change/ update?

Pending delivery of new TV Stickers; the following recommendations were made:

  1. The official receipt will serve as proof of extension of stay.
  2. The TV Sticker fee of PHP 100 will be temporarily removed from the system.

Key considerations

  • Applicants for 9 (a) visa extensions should keep their official receipts as proof of extension of stay.
  • 9 (a) visa holders should present their official receipts when applying for further extensions when departing the Philippines and in all transactions with the Bureau of Immigration.

This summary was prepared using information provided by Follosco, Morallos & Herce.

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.


Brazil: Processing delays due to internal systems upgrade

The Federal Police in Brazil are implementing a new internal IT system (SISMIGRA) to replace the previous one (SINCRE).

As part of the changes, forms, procedures and structures are being reviewed and updated. This is likely to cause delays in appointments and consultations.

Foreign nationals who need to attend a Federal Police Office in the coming weeks may experience longer than usual queues and processing times. The Federal Police in Sao Paulo has not yet re-opened its calendar for booking new appointments within the new system.

This summary was prepared using information obtained from the Peregrine Immigration 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 Roberta Carnaccini, Global Operations Director, Immigration.


European Union: European Parliament amending Directive 96/71/EC concerning the posting of workers

Several elements have been implemented into the regulation Directive on Posted Workers.

What is the change/ update?

  • All the host country’s rules on remuneration and working conditions applying to local workers will also apply to all posted workers (“equal pay for equal work”). Currently, employers can pay posted workers the national minimum wage, regardless of how local workers are paid for the same work.
  • The national rules for accommodation conditions, allowances or reimbursement for travel, board and lodging expenses, will also now apply to posted workers.
  • The Directive will apply to postings for twelve months, with one possible six-month extension. After this point the additional employment rules of the host country will apply to the posting.
  • Member States will be allowed to apply large, representative regional or sectoral collective agreements to postings. Currently, this is only allowed in the construction sector.
  • In the event of a fraudulent posting, for example by a letterbox company, member states should cooperate to ensure that posted workers are protected. This should be in accordance with the Posting of Workers Directive.
  • The new elements of the revised directive will apply to the transport sector once the sector-specific legislation, included in the Mobility Package, enters into force. Until then, the 1996 version of the directive will remain applicable to this sector.

Key considerations

The EU law defines a set of mandatory rules regarding the terms and conditions of employment to be applied to posted workers. This is to guarantee that these rights and working conditions are protected throughout the EU to avoid “social dumping” where Foreign Service providers can undercut local service providers because their labor standards are lower.

This summary was prepared using information obtained from the Peregrine Immigration, Official Journal of the EU, and European Commission 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 Michele Giordani, Regional Immigration Manager, EMEA.


UK: Final report on impact of European migration to the UK has been published

The Migration Advisory Committee (MAC) has published a report on the effect of European migration to the UK. The MAC has recommended that post-Brexit, the UK government should focus on facilitating highly-skilled migration and influencing the flow of EU migrants not by hard caps and quotas, but through salary thresholds and skill requirements.

The MAC has suggested for the Tier 2 visa route to be maintained with several important changes:

  • EU citizens and medium-skilled jobs covered under Tier 2
  • Abolition of Tier 2 (general) cap which is currently 20,700 per year
  • A £30,000 salary threshold should be retained
  • The list of eligible occupations should be increased
  • EU citizens should also be covered under the immigration skills charge
  • The Resident Labour Market Test should be abolished
  • Tier 2 migrants should be able to easily change employers in-country without applying for a new Certificate of Sponsorship

With the changes mentioned above, there is still the possibility to attract the international pool of talent and prevent unscrupulous employers from using migrant workers to undercut the wages of UK-born employees.

This summary was prepared using information provided by Smith Stone Walters.

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.


Poland: Procedure change for a foreigner’s work permit application

The procedure for employers in relation to work permit applications for foreigners has changed. This is due to the increasing number of received applications and need to adjust the handling of proceedings.

What is the change/ update?

  • From September 22, 2018, the internet calendar currently used will no longer allow booking a date for a work permit application
  • From September 25, 2018, the employer will have to select the coordinated service mode or submit an application for issuing/extending a work permit to a foreigner outside of the coordinated service mode (direct submission via portal without application form or via registered post, application at Registry Office)
  • The coordinated service mode is based on an effective multi-stage cooperation between the employer and the Office. The Office can therefore ensure a more efficient handling of proceedings and faster issuance of a work permit. The employer participates in the coordination of the service process.

Process:

  • The employer submits a request for service through an application form available on the Office’s website;
  • The Office confirms the qualification of the application for service and sends the instruction of conduct;
  • The employer submits the application through the portal praca.gov.pl * along with supportive documentation in accordance with the instructions;
  • The Office conducts proceedings: if the requirements are met, and the correct and complete documentation provided, it issues a work permit.

* this obligation does not apply to applications of foreign employers for B, C, D or E permit types, and natural persons acting on their own behalf in the profession of a housekeeper or an elderly person care. The Office prioritizes the issuance of work permits for applications with complete and correct documentation.

Key considerations

The applications submitted outside of the coordinated service mode are reviewed by the Office based on the time order of the application submission. The processing time and issuance of the decision depend on the course of the administrative proceedings. This could lead to waiting several months for a work permit to be issued even if the time limits of the CAP (Code of Administrative Procedure) are met.

This summary was prepared using information provided by the Polish Immigration authorities.

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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