Category: Visas and International Travel

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Changes to the United Kingdom Immigration Rules

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Employers with transferees in the United Kingdom should be aware that the Home Office published a Statement of Changes to the United Kingdom Immigration Rules on December 7, 2017. These changes might impact transferees and their family members in several ways. Most of the changes are scheduled to take effect starting on January 11, 2018.

What are the Changes to the United Kingdom Immigration Rules?

  1. Currently, Tier 4 General visa students must pass their courses before they are eligible to apply for a Tier 2 General visa. Starting on January 11, 2018, Tier 4 students will be able to pursue a Tier 2 General visa application immediately after they complete their studies.
  1. The rules regarding the relationships for partners of points-based system (PBS) migrants are changing to reflect similar wording used in the rules for spouses and settled migrants, at the time a dependent application is submitted. The wording on relationships is changing from “subsisting” to “genuine and subsisting” and may require evidence of co-habitation as is currently the case for the spousal rule.
  1. A new restriction limiting absences to 180 days per year for partners of Tier 2 General visa and other PBS migrants will apply to all new applications starting on January 11, 2018. Prior to this rule change, a dependent spouse of a Tier 2 General visa holder could spend most of their time outside of the country and still receive indefinite leave to remain in line with their partner.
  1. Currently, entry clearances are attached to a page in an applicant’s passport, also known as a visa. The rules are changing to allow an electronic version to be issued in place of the passport entry. This new electronic format is undergoing testing in a few locations prior to a full implementation.
  1. The total number of Tier 1 Exceptional Talent visas will double in number, from 1,000 to 2,000. These are allocated to the Designated Bodies, which in turn assign them to candidates they believe to be exceptionally talented in their respective fields. Additionally, expedited settlement will be made available to these Exceptional Talent migrants after three years, provided they meet all applicable criteria.
  1. The rules regarding Tier 1 Entrepreneur visa applications are changing to prevent funds or investments used by one applicant from being used by other applicants. This will prevent multiple Tier 1 Entrepreneur applicants from relying on the same funds to enter the United Kingdom. Also, a rule is being clarified to confirm that buying a business from a previous owner does not constitute a qualifying investment for Tier 1 Entrepreneur applicants.

What Does This Mean?

Employers should communicate these broad changes to the United Kingdom immigration rules immediately to transferees and their families. Those who might be impacted should receive guidance on appropriate actions to take regarding their specific circumstance.

Conclusion

Global Mobility Solutions’ team of global relocation experts can provide guidance and help HR teams communicate and understand the impact of these changes to United Kingdom immigration rules. Global Mobility Solutions can support your company, your transferees and their family members, and we can also help determine the best solution for their specific requirements. Contact us online or give us a call at 800.617.1904 or 480.922.0700 today.

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Germany Implements ICT Directive

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Will you or your transferees be affected?

What has changed?

Effective immediately, Germany Implements ICT Directive – the German parliament has implemented an ICT Directive which intends to regulate the conditions for entry and residence of thirty-country nationals within the intra-company transfer (ICT) process.

Who is affected?

  • Employees working at the same group of companies for at least six (6) months being sent to Germany on an intra-company transfer
  • Employees working at the same group of companies for less than six (6) months intending to be sent to Germany on an intra-company transfer
  • Clients transferring employees to the same group of companies from another EU country to Germany

What to expect

The ICT Directive provides two different categories: firstly, third-country nationals who want to enter Germany directly from their home country (third-country); secondly, third-country nationals who already hold an ICT residence permit in another European Union (EU) Member State and are transferred to Germany for short or long-term transfer within the same group of companies.

The law divides it as follows:

1) ICT card for intra-company transferred workers (third-country nationals) must fulfill the following requirements:

  • Transfer must take place within the same company group
  • The employee must be either a leader (e.g. manager with leading function) or a specialist
  • Employee must have been with the company for at least six (6) months
  • The transfer must be for more than ninety (90) days, but cannot exceed three (3) years
  • An approval from the Federal Employment Agency must be obtained in advance
  • For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer
  • The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee

2a) Short-term mobility for intra-company workers (third-country nationals) must fulfill the following requirements:

  • Application in Germany up to ninety (90) days within 180 days
  • The assignee has a valid residence permit issued by another EU Member State pursuant to the ICT Directive
  • Proof that the domestic branch office belongs to the same company/group
  • Must have a valid passport
  • Confirmation on the entitlement to enter and residence for the purpose of intra-company transfer issued by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge BAMF)

2b) Mobile ICT Card must fulfill the following requirements:

  • Transfer must take place within the same company/company group
  • The assignee must either be a leader (e.g. manager with a leading function) or a specialist
  • The assignee has a valid residence permit issued by another EU Member State according to the ICT Directive
  • The transfer is for more than ninety (90) days
  • An approval from the Federal Employment Agency must be obtained in advance
  • For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer
  • The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee

If the application was submitted at least twenty (20) days before the start date of the assignment and the assignment has already been submitted to the authorities of the other EU Member State on the first application, the stay and assignment in Germany will be allowed for a period of up to ninety (90) days before the decision was made by the German authorities.

Please note there will be a period of transition as Germany Implements ICT Directive and the authorities will need some time to get use to the new process. We anticipate having more details on the practical implementation and application procedures to share with you in the near future.

 

Modern Mobility Made Easy™

Planning ahead

To learn more about Germany Implements ICT Directive or any other issues that affect you or your mobile employees, be sure to speak with one of the Global Consultants at Global Mobility Solutions. From pre-decision to visa and immigration to language and cultural training, GMS has the award-winning programs and innovative technology to make relocating your employees and tracking their expenses simple and worry-free.

Request your complimentary Visa Program Assessment

Provided by Global Mobility Solutions network partner Emigra World News

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Canada Making Changes to Citizen Act

Are you ready for the changes to the Canada Citizen Act?

The following information is important to all human resource and mobility managers that work in Canada and are looking to hire and relocate talent from other countries. This does not pertain to short-term assignments during which an employee might simply retain the citizenship of their country of origin. This matters to those who you will be onboarding for full-time work in Canada and where the employee hopes to make a permanent home in your country.

What has changed?

Fundamental changes to the Canada Citizen Act (or “Citizenship Act”) were announced on June 19, 2017. The changes were made to reduce previously existing barriers to citizenship and eliminate potential differential treatment of dual citizens. Certain changes will be effective immediately, whereas others will be implemented later on this year.

Who is affected?

  • Dual citizens in Canada
  • Individuals applying to Canada for citizenship, including minors without a Canadian parent

What to expect

Highlights of the immediate changes include:

  • Dual citizens living in Canada who are convicted of crimes such as treason, spying, and terrorism offences will no longer face revocation and will instead be subject to the criminal justice system, as with all Canadian citizens who face criminal charges
  • Intention to continue to live in Canada once granted citizenship is no longer required, thereby allowing citizens flexibility and movement for personal reasons
  • Minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed
  • Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship
  • Reasonable measures to accommodate the needs of persons with disabilities will now be considered
  • Citizenship will not be granted to individuals serving conditional sentences

Changes Expected to Take Effect in Fall 2017

  • Applicants must be physically present in Canada for three (3) out of five (5) years before applying for citizenship (as opposed to four (4) out of six (6) under the previous policy)
  • Applicants must file Canadian income taxes for three (3) out of five (5) years (as opposed to four (4) out of six (6) under the previous policy)
  • Applicants are no longer required to be physically present in Canada for 183 days in four (4) out of the six (6) years preceding their application
  • Applicants may count each day they were physically present in Canada prior to becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days
  • Applicants between fourteen (14) and fifty-four (54) years must meet the language and knowledge requirements for citizenship (as opposed to eighteen (18) to sixty-four (64) under the previous policy)

 

Modern Mobility Made Easy™

Planning ahead

To learn more about the amendments to the Canada Citizen Act, or any other issues that affect you or your mobile employees, be sure to speak with one of the Global Consultants at Global Mobility Solutions. From pre-decision to visa and immigration to language and cultural training, GMS has the award-winning programs and innovative technology to make relocating your employees and tracking their expenses simple and worry-free.

 

Do your relocation policies align with the latest visa and immigration changes from around the world?

Request your complimentary Visa Program Assessment

Provided by Global Mobility Solutions network partner Emigra World News

 

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The Price of Noncompliance

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The Price of Noncompliance – When it comes to relocating employees across international borders, not having the right paperwork can turn an exciting opportunity into a nightmare for not only the travelling employee, but for the sponsoring company, too. Besides just having transferees stuck in travel limbo, errors in work permits, visas, passports, and other work/travel/residency documents can result in heavy fines and penalties for companies.

 

Here is a short list of the punishments doled out by various countries when companies are in noncompliance, such as being caught with non-compliant employees.

 

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Company may be refused permission to sponsor future foreign employees; existing 457 status workers and their dependents may have visas removed.

 

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For hiring a foreign worker without authorization, the employer is subject to $50,000 fine and/or two years imprisonment. For misrepresentation or counseling of misrepresentation: $100,000 and/or five years imprisonment. Employee may be deported and/or barred from future entry to Canada.

 

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Fine for company of up to €75,000 per noncompliant employee plus additional penalties including debarment from continuing the business for up to five years.

 

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According to Law §17 “OWIG,” the employee may be fined up to €1000. According to Law §30 “OWIG,” the employer may be fined up to €500,000 for an offense of negligence, or up to €1 million for an offense with intent.

 

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Fines for company of up to 60,000 HKD. The authorities can order the closure of the company for up to five years.

 

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For employer, a fine of up to 3 million yen and/or incarceration for up to three years for illegal entry, overstaying and hiring foreign workers without authorization. For engaging in activities outside those authorized, an employee is subject to a fine of up to 2 million yen and/or incarceration for up to one year, plus barred from future entry to Japan.

 

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Fines for company of up to 20 million won or two-year incarceration.

 

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Fines for company of up to €60,000. The authorities can order the closure of the company for up to five years.

 

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Fines for company of up to £10,000 per noncompliant employee.

 

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The employer is subject to a fine of $110 to $1,100 per employee for technical paperwork violations. The employer may be fined from $375 to $3,200 per employee for an employer’s first intentional violation, and up to $16,000 per employee for repeat offenses, in addition to criminal charges and penalties.

 

Global Mobility Solutions (GMS) will provide organization and collaboration of client documentation and manage the entire visa and immigration process. Upon request, we can track and obtain visa renewals, extensions, and cancellations, as well as assist the employee and family members in obtaining and/or canceling work permits, residency cards, visas, and registrations at appropriate consulates, to ensure there are no issues with noncompliance.

 

Learn more about the myriad of GMS programs designed to ensure that your global relocation efforts go smoothly, with as little stress and costs as possible. Talk with a relocation expert at Global Mobility solutions now: 1-800-617-1904.

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