Immigration weekly update: September 10, 2018

 


Brazil: Ministry of Labor system outage for residence applications

Migrante Web, the Brazilian Ministry of Labor system for residence applications stopped working on August 22, 2018. Any new applications for authorization are now ineffective.

A taskforce has been assembled to solve the problem, which is affecting overall processing times. Ministry of Labor analysts are legally obliged to analyze residence applications within 30 days, except 180-day technical residence authorizations (five business days).

Key considerations

Applications filled in August may experience delays in analysis time and may affect all types of approvals.

This summary was prepared using information obtained from the Brazilian Ministry of Labor (in Portuguese).

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.


Hong Kong: Talent List for Quality Migrant Admission Scheme

Applicants who meet the specifications of the respective profession under the Talent List will be given 30 bonus points under the General Points Test of the Quality Migrant Admission Scheme (QMAS). The QMAS will provide immigration facilitation to applicants covered by the first Talent List of Hong Kong. This includes existing applications.

Key considerations

The QMAS is a quota-based entrant scheme. It seeks to attract highly-skilled or talented persons to settle in Hong Kong for the sake of enhancing its economic competitiveness. Successful applicants are not required to secure an offer of local employment before their entry to Hong Kong.

All applicants must fulfil a set of prerequisites before they can be awarded points under the General Points Test and Achievement-based Points Test. They also need to compete for quota allocation with other applicants. Successful applicants under the Scheme may bring their spouse and unmarried dependent children below the age of 18 to Hong Kong. However, they must be able to accommodate their dependents using their own finances.

The new Talent List aims to address the labor shortage in 11 professions. Detailed information on these professions and qualification/experience requirements can be found on the Talent List website.

This is an individual character-based application. Applicants should provide satisfactory supporting documents showing that they meet all prerequisites and attend an interview in person. Crown does not assist its clients with these applications.

This summary was prepared using information obtained from the Hong Kong Immigration Department.

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 Kevin Le, Immigration Manager, Hong Kong or Debbie Beynon, Regional Immigration Manager, APAC.


China: Mainland Residence Permits for Hong Kong, Macao and Taiwan residents

Hong Kong, Macao and Taiwan residents who have lived in the Chinese Mainland for over six months and have a legitimate and stable job, residence or continuous studying experience can voluntarily apply for residence permits. These permits are free of charge and valid for five years.

When applying, applicants should carry Mainland travel permit cards and any related documents, such as address and employment details, to local public security bureaus. They will receive a Mainland residence permit within 20 working days, and for remote areas, 30 working days.

Those given the Mainland residence permit will receive rights in employment, social insurance and the Housing Provident Fund. They will enjoy public services such as medical care, compulsory education, culture, sports and legal assistance. The new residence permits also alleviate inconveniences, such as:

  • The need to collect physical tickets for high-speed train journeys
  • The inability to register for online reservation systems at hospitals
  • Children not being allowed to attend local schools without restrictions

This summary was prepared using information obtained from The State Council, The People’s Republic of China.

 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.


Chile: New visa management process

At the beginning of the year, Chile announced changes to its Immigration Reform and National Migration Policy. The policy was updated to reflect the new international and economic position the country has attained. Here are the latest updates for three main visa types: National, International and Temporary Residency Opportunities. These became valid in August 2018.

National Orientation Visa (Visado De Orientation Nacional)

This visa is based on the rules of the temporary visa. It can be provided for up to one year and is extendable to two.

It can be granted to foreign professionals who have obtained a Master’s or PHD degree, taught by an accredited Chilean university. They must have achieved this within the last two years and prior to applying for the visa.

International Guidance Visa

This visa is also based on the rules of the temporary visa. It can be provided for up to one year and is extendable to two.

It is granted to qualified foreign professionals who have acquired a post-graduate degree from 150 best foreign academic institutions. Applicants must prove their professional status and academic level with a corresponding certificate, duly legalized or apostilled.

Opportunity Visa: Temporary Residency Visa for Workers and Foreign Entrepreneurs

Workers

Oriented towards professionals, technicians and people with authorized trades that want to look for work or establish themselves in Chile. This visa will be granted through a scoring system based on a defined criteria of educational training, age, language, occupation and territory.

All applicants must prove their professional/technical qualification with a corresponding certificate, duly legalized or apostilled. They must also prove their proficiency in Spanish with a SIELE or DELE certification. The minimum admitted level is intermediate (B1). When applying, they must elect a particular region of Chile.

Entrepreneurs

This visa is provided to foreigners interested in starting a business in Chile and is granted through a scoring system based on a defined criteria of educational training, age, language, investment and territory.

All applicants must prove their proficiency in Spanish with a SIELE or DELE certification. The minimum admitted level is intermediate (B1). When applying, they must also elect a particular region of Chile.

Applicants are legally required to verify a minimum investment as per applicable criteria, when presenting their business plan to the institution. Before the visa is stamped, they must disclose their jurisdiction and financial contribution to the country, based on the initial investment committed. All previous stipulations are based on the norms specified in Chapter XIV of the Compendium of Foreign Exchange Regulations of the Central Bank.

Opportunity Visa exceptions

  • The extension of a visa or application for permanent residence may be rejected if the resident does not prove that they have executed 100 percent of the initial investment committed in the first 12 months of residence in the country.
  • This visa can only be requested at the Chilean consular authority abroad corresponding to the country of origin or residence. In addition, submission of a criminal record certificate from the applicant’s country of origin or residence will be required.
  • A visa holder who formalizes an employment relationship in a different region to which they were granted their visa, must request a change, subject to the contract.
  • To apply for a visa extension or permanent residence, the applicant must present their certificate of residence before a notary.

Key considerations

The National Orientation Visa (Visado De Orientation Nacional) and the International Guidance Visa can only be requested until July 31, 2019. Further information on criteria and restrictions is available at the Department of Foreigners and Migration of Chile.

This summary was prepared using information obtained from the Department of Foreigners and Migration of Chile.

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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