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EU Citizen Rights: Arriving in UK During Post-BREXIT Transition May Not Secure Same Rights

EU citizen rights are not secure for those arriving in the UK during the post-BREXIT transition. Prime Minister Theresa May indicated EU citizens arriving post-BREXIT may not receive the same rights as those who arrived prior to the vote. Prime Minister May said while the details were a matter for negotiation with the EU, she is clear that there is a difference between the EU citizens who were in the UK prior to the vote, and those who arrive afterward, knowing the UK is leaving the EU.

What is the question on EU citizen rights?

Prime Minister May believes the government is doing what the British people asked the government to do, which is to deliver on the promise of BREXIT. As such, complete freedom of movement for EU citizens into the UK post-BREXIT is not supported during the transition period.

Prime Minister May has stated that EU citizens who arrive during the post-BREXIT transition must not have the same rights as those EU citizens within the UK prior to the vote. Prime Minister May has been very appreciative of the contributions EU citizens residing in the UK have made, and has clearly stated that “EU citizens living lawfully in the UK” will be able to stay in the UK post-BREXIT.

Who does this EU citizen rights issue affect?

  • Employers who have EU citizen employees currently residing in the UK.
  • EU citizens who arrive in the UK during the post-BREXIT implementation period and who are seeking residency.

What should employers and citizens expect from this EU citizen rights issue?

There may be an increase in applications for residency in the UK in response to Prime Minister May’s comments. Although the European Parliament believes citizen’s rights during implementation are in full effect and are not negotiable, Prime Minister May’s statements indicate negotiations on this point have not been finalized in her view. EU citizens may want to expedite their applications for residency with the expectation that a firm deadline will be negotiated.

Conclusion

Global Mobility Solutions’ team of global relocation experts have helped thousands of our clients manage relocation to the UK, as well as understand how BREXIT will impact their programs. We can help your company understand the impact of this EU citizen rights issue, and how to submit applications for residency in the UK. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

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International Talent Relocation: Top 3 Tips

International talent relocation can present many challenges. According to a recent Atlas Van Lines survey, more than half of respondents expect their international relocation volumes to increase. With this in mind, here are the top three tips to help your international talent relocation:

Help the Transferee Acclimate

Moving a single employee or a group of employees is a complicated task, which is why it is critical to help transferees acclimate to their surrounding environments before they start working. If employees aren’t able to arrange a visit to the new location before they pack their things and move, they should do as much research on the area as they can. This may include reading local news or publications that focus on the surrounding area, which can help new residents learn the language and cultural interests. Cultural training can be crucial to assignment success. Culture shock is a very real phenomenon that impacts many travelers. When preparing for or managing culture shock, the U.S. Bureau of Educational and Cultural Affairs recommends keeping an open mind, staying physically active, and making an effort to get to know other people as much as possible.

Workings Visas and Work Permits

When talent is relocating overseas, they must first get their paperwork in order. Companies should help transferees do their homework on important travel documents. Provide information on customs and immigration requirements, Visa acquisition, and which vaccinations transferees must obtain before departure. Some countries have currency restrictions for entry as well. The U.S. Bureau of Consular Affairs has valuable supplementary resources that outline what countries require upon arrival.

Hire an Experienced Relocation Management Company

If a business is unsure how to tackle international relocation, an experienced Relocation Management Company (RMC) can provide the necessary insight and solutions to navigate today’s mobility challenges. Relocate Magazine highly recommends employing a trusted partner in this capacity, especially if management or C-level executives are unfamiliar with global relocation and the new area where they are moving their talent. RMCs can provide unique and fresh insight into each move. Whether a company needs a partner to help with the entire move, or simply needs to outsource certain aspects of a relocation effort, RMCs can provide expert guidance and help determine the most efficient and effective solutions.

Conclusion

The corporate relocation experts at Global Mobility Solutions (GMS) have the knowledge and expertise to help your company manage its international talent relocation and offer your employees the best relocation experience. Contact our team of experts to discuss how we can help your international talent relocation process, or call us directly at 800.617.1904 or 480.922.0700 today.

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HR Teams Should Prepare for FY 2019 H-1B Visa Lottery Opening on April 2, 2018

HR Teams Should Prepare for FY 2019 H-1B Visa Lottery Opening on April 2, 2018

H-1B Visa Lottery: Many US employers relying on foreign national talent to fill highly technical positions offer H-1B visa sponsorship to prospective employees. Hundreds of thousands of applications are submitted each year, but only 85,000 petitions are accepted due to the government cap on H-1B visas. For FY 2018, 199,000 applications were submitted. The cutoff date for applications submitted to the lottery is not defined, so unprepared employers might miss the cap and not be able to fill their position.

Thousands of employers who miss the cutoff must wait until next year’s lottery or consider an alternative visa for the foreign national, subject to qualification. The cap for FY 2018 was reached in four days, indicating the importance of submitting applications for the H-1B cap-subject visas as soon as the lottery opens.

What does this mean for you?

As the FY 2018 process has shown, unprepared HR teams thinking they had seven days to file were not given the opportunity to hire the foreign national employee they hoped to sponsor. With issues such as prevailing wages, Labor Condition Applications (LCAs), and possible site visits, the process should start as soon as possible so HR teams can submit applications at the start of the lottery.

Where can you get started with the H-1B Visa Lottery?

Global Mobility Solutions has a team of global relocation experts who can help you with the H-1B Visa Lottery process. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry, and we have helped thousands of companies with visa processes to reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams prepare for the FY 2019 H-1B Visa Lottery. Contact us online or give us a call at 800.617.1904 or 480.922.0700 today to learn about our extensive range of industry-leading resources for global relocation.

Request your complimentary Visa Program Assessment

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Switzerland Enforces Quotas on Category B Permits for Persons from Romania and Bulgaria

Switzerland enforces quotas on Category B Permits for persons from Romania and Bulgaria. This enforcement action is a result of the Federal Council’s decision to invoke a safeguard clause within the European Union’s Agreement on the Free Movement of Persons, which allows for restriction of movement to control migration. The quota enforcement began June 1, 2017 and will last for a period of twelve months. A total of 996 Category B Permits will be distributed on a quarterly basis. Category B Permits allow for five year residency.

Why Switzerland enforces quotas

Switzerland notes that Romanian and Bulgarian workers have been increasingly migrating for seasonal jobs in sectors with higher-than-average unemployment rates. The quota is one of the tools at the country’s disposal to control migration and mitigate adverse impacts.

What is the Switzerland quota?

Each quarter since June 1, 2017, the quota is 249 Category B Permits for workers from Romania and Bulgaria. With the quota enforcement, the number of Category B Permits has been exhausted each quarter. The third quarter, which started on December 1, has already exceeded its quota. The fourth quarter will release the last installment of 249 Category B Permits on March 1, 2018. Based on demand, the fourth quarter quota is expected to be reached only a few days after release.

Who does this impact?

  • Clients with transferees who are Romanian and Bulgarian citizens and who are planning to submit Category B Permit applications.
  • Clients who are planning to hire Romanian and Bulgarian citizens who are not currently in possession of a Switzerland work permit.

What does this mean for you?

Clients who have transferees planning to submit Category B Permit applications but who do not meet the quota limit may have other options such as Category L Permits, which are for short-term (one year) residency and are not subject to quotas. In any case, clients should ensure their transferees or new hires submit their Category B Permit applications as soon as possible at the start of each quarter.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams understand and prepare as Switzerland enforces quotas on Category B Permits, as well as other visa, work permit, and immigration issues.

Contact us online or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Shanghai China: Changes to Applications for China Working Visas and Working Permits

The Shanghai Municipal Human Resources and Social Security Bureau has implemented several rule changes to the processes for obtaining China Working Visas and Work Permits. These changes should make the process easier and quicker for applicants.

Who Does This Affect?

  • Companies currently planning to send a transferee to China
  • Companies with transferring employees in the process of submitting applications for working visas and work permits

What are the Documents a Transferring Employee Needs to Have to Enter China?

A Working Visa is required to enter China for working purposes, and is valid for only 30 days. Upon entry, the Working Visa document must be replaced within 30 days by a Resident Permit, which allows foreigners to reside in China. A Resident Permit replaces the Working Visa on the transferring employee’s passport and allows them to remain in China legally, as well as travel abroad without any restrictions during their employment. A Foreigner’s Work Permit is a document that is delivered to the transferring employee after they have contacted and proceeded accordingly with the local Chinese authorities.

What are the Changes to the Process?

In April 2017, two previous types of Work Permits were combined into a single and unique Foreigner’s Work Permit. The Foreigner’s Work Permits are divided into three distinct categories: A, B, and C.

Foreigner’s Work Permit Categories

  • A: High-End Foreign Talents, professionals including scientists, science and technology leading talents, international entrepreneurs, special talents, and other foreign high-end talents urgently needed for economic and social development.
  • B: Foreign Professional Talents, in line with the Foreigners Employed in China Guide Catalog and the corresponding demands of economic and social development.
  • C: Other Foreigners, employed to meet the demand of the domestic labor market in line with the state policies and regulations.

The process changes work in tandem with China’s new Working Permits Points System, which allows applicants to apply online, a simple and quick process. In November 2017, further adjustments were made to the Working Permits Points System, along with a new segmentation of working areas in China.

What Does This Mean?

The new online application system should make the process simpler and easier for applicants to apply for China Working Visas and Work Permits. The Working Permits Points System is easy to understand and helps applicants quickly understand if they fall into one of the three distinct categories.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams determine the best plan and course of action on how to submit applications for China Working Visas and Work Permits. Global Mobility Solutions can also help you pursue additional options if the Working Permits Points System is not viable for a transferring employee. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment for China Working Visas and Work Permits

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Global Relocation Immigration Rules Visas and International Travel

United Kingdom Tier 2 General Visas for Migrants Exceed Monthly Quota in December

The United Kingdom Home Office’s Visa and Immigration Bureau reports that Tier 2 General Visas for Migrants exceed the December 1,500 monthly quota, refusing over 100 applications. Most of these applications are eligible for re-submission in January, but the January quota will remain at 1,500, and the February quota will be 1,000.

Who Does This Affect?

What is the Process to Submit a Tier 2 General Visa for Migrants?

Companies must submit an application for RCoS by the fifth of each month. Applicants receive admission by way of a panel of judges. Those applying for occupations that are short of qualified employees, and those applying for jobs at the PhD level are usually the first priority.

Remaining applications receive priority based on salary level, with higher salaries taking preference. However, if a salary bracket receives 100 or more applicants beyond the number of places, all applications are refused, and must be resubmitted the following month.

What are the Monthly Quotas?

Each annual quota is divided on a monthly basis, with higher figures set aside for months with the highest demand. If there are months where a balance remains, it rolls over and adds to the next month. Currently, the monthly quotas are as follows:

  • March: 2,200
  • April through August: 2,000
  • September through January: 1,500
  • February: 1,000

What Does This Mean?

Since the majority of December rejected applications will be re-submitted in January, there is a strong possibility that the applications will exceed January’s quota as well. Employers should plan accordingly, noting that transferees may not be able to accept relocation assignments in the United Kingdom until a later date.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams determine the best plan and course of action on how to submit applications for RCoS in a timely manner, and how to respond if quota limits impact their relocation plans. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

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Global Relocation Immigration Rules Visas and International Travel

Changes to the United Kingdom Immigration Rules

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

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

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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