Immigration weekly update: September 03, 2019


Indonesia: Regulation reform for foreign shareholders

Foreign national shareholders in Indonesian companies (who also work as Directors) are work permit exempt. The Indonesian Investment Board (BKPM) has amended regulations to clarify the qualifications for a work permit exemption.

Impact

The Limited Stay Visa (VTT) applies to foreign nationals who work as Directors or Commissioners. This allows them to work in Indonesia without applying for a work permit.

The 2019 regulation introduces a requirement that foreign investors hold a minimum number of shares to qualify:

Shareholders who also serve as Directors or CommissionersIDR 1 Billion (US$ 70k)
Shareholders who do not serve as Directors or CommissionersIDR 1.125 Billion (US$ 79k)

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 Debra Beynon, Regional Immigration Manager, APAC.


Russia: Electronic visas and citizenship eligibility

The Special Economic Zone of Kaliningrad now issue e-visas. Before 2021 this reform will be rolled out to the rest of the Russian Federation.

Impact

As of July 1, 2019 citizens of foreign states will be able to apply for e-visas to visit the Kaliningrad Region via the Foreign Ministry’s special website (available in Russian or English).

E-visas are valid for thirty days and allow stays of up to eight days from the date of entry in the Kaliningrad Region. They are issued free of charge, providing the online application is made via the Foreign Ministry’s website. The application must be made no later than four calendar days before the scheduled arrival date and it must be accompanied with a digital photo.

Looking ahead

E-visas are only valid through the state border checkpoints on the territory of the Kaliningrad Region.

Transport companies can confirm a foreign national’s valid visa at the Foreign Ministry’s automated site. The confirmation procedure is in Russian and English.

New rules for citizenship eligibility

As of October 1, 2019 qualified foreign specialists will be eligible to apply for Russian citizenship after one year of residence (currently three years).

This summary was prepared using information obtained from the Ministry of Foreign Affairs Department of Homeland Security.

 

Russia: Employers’ obligations to monitor measles immunizations

The Russian government clarifies that employers must follow specific rules to ensure their foreign workers are immunized against measles, following the statement from the Chief State Sanitary Doctor of the Russian Federation dated March 6, 2019 No. 2. As a reminder, employers must provide proof of their employees’ immunizations and maintain the records until Dec 31, 2019.

Impact

Employers that are found to have insufficiently documented a foreign worker’s immunization status may be fined from RUB 10,000 – 20,000 or be subject to an administrative suspension of the company’s operations for up to 90 days.

The list of jobs and occupations (available in Russian or English) that foreign workers cannot perform without proper immunization is now available.

Looking ahead

Companies that have employed foreign nationals in 2019 have to make sure their foreign workers are immunized against measles or are able to confirm one of the below points before December 31, 2019, in case of a government audit:

    • They have previously had measles
    • They have previously been immunized against measles and possess a confirmation in medical records
    • They have a medical reason against immunization

Foreign nationals have the right to refuse immunization if Russian medical organizations issue a written form.

This summary was prepared using information obtained from the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor – available in Russian and English).

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.


USA: Stringent processes for permanent residency

The Trump administration published a final rule, taking effect on Oct 15, 2019, that will make it harder for immigrants who have received certain public benefits such as food stamps, most forms of Medicaid health coverage and housing assistance to obtain permanent resident status.

Impact 

The rules outline the criteria the Department of Homeland Security will use for denying:

  • applications for admission to the United States
  • adjustments of immigration status for individuals who are already living in the US and are deemed “likely to become a public charge” in the future

In the past, officials have defined “public charge” narrowly to applying to individuals who are “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.”  The new rule expands non-cash government benefits, age, health, household size, income, assets, debts, education and skill levels. Officials will use these factors in making forward-looking judgments when considering if would-be immigrants need public assistance.

The rule outlines that non-immigrant applicants do not need to demonstrate that they are not likely to become a public charge “when seeking an extension of stay or change of status as a non-immigrant student or non-immigrant exchange visitor… However, the alien will need to demonstrate that he or she has sufficient funds to pay tuition and related costs as part of the application for extension of stay or change of status to a non-immigrant. Further, the alien must demonstrate that he or she has not received, since obtaining the non-immigrant status he or she seeks to extend or change and through the time of filing and adjudication, one or more public benefits as defined in the rule, for more than 12 months in the aggregate within any 36-month period.”

This summary was prepared using information obtained from the United States Citizenship and Immigration Services (USCIS).

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.


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