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Immigration Newsletter - October 2018
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IMMIGRATION
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1. The law No 2018-778 dated 10 September 2018 which addresses "a controlled immigration – an effective right of asylum and a successful integration" was published in the Official Journal of the French Republic on 11 September 2018.
Measures related to the residence, nationality and integration of legal foreigners will be applied as of 01 March 2019.
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Important points to remember are:
- Creation of the "Passport Talent - Researcher Mobility Program" for researchers taking part in a program in the European Union, involving business trips to one or more European Union countries.
- Passport Talent - Family and ICT: Family is extended to include the couple's children and not only the employee's children.
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- Creation of a "Student - Mobility Program" residence permit for students coming from a European Union program involving business trips to one or more European Union countries.
- Creation of a "Job search or Business creation" card with a non-renewable validity period of 12 months, which replaces the current APS issued to students who have finished their studies in France. This card is also accessible to foreigners holding a French degree at least equivalent to the Master's degree, within four years of obtaining it.
- Creation of an "au pair" temporary residence permit valid for one year and renewable once.
- The DCEM (circulation document for foreign minors) may have a validity of less than 5 years, depending on the parents' residence permit and its validity period. However, it cannot correspond to less than one year.
- The foreign employee will have to justify six months of seniority (instead of three months currently) in order to qualify for the "Trainee ICT" status.
- The "ICT - Detached" residence permit is issued for a maximum of three years, non-renewable. However, a secondment renewal is possible after a period of six months spent outside the European Union.
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2. International Talent Service: New system dedicated to talent in Lyon |
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A new system dedicated to Passport Talents visa holders and residence cards entitled, ‘International Talent Services’, has been set up to facilitate the administrative procedures at the prefecture (district office) of Lyon. ICT employees have also been integrated into this case scenario. Aderly (Agency for the economic development of the Lyon region and the Espace Ulys (The University of Lyon's service dedicated to welcoming foreign researchers and PhD students in mobility) have become the intermediaries of foreigners and will manage these accounts. Appointments takes less than one month now, whereas they took several months before the establishment of this system.
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3. Decree No. 2018-443 of 04 June 2018 amending the agreement of 18 February 2011 between the French Republic and the Republic of Argentina concerning the "Working Holiday" Program. |
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Two important pieces of information emerged from this decree:
- The maximum age to qualify for a Working Holiday Visa for Argentinian nationals has been changed to 35 (instead of 30 previously).
- A change of status is possible in France, three months before the expiration date of the visa, if the foreigner can claim a "Passport Talent" status.
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OUT BOUND
HONG KONG - September 2018
New policy to attract talent to Hong Kong
The Hong Kong government announced a long-awaited political decision, which took effect on 19 September 2018.
Partners (same-sex or opposite-sex) who are not legally married can apply for a dependent visa, provided that the partner and the holder of the visa sponsor have entered into a civil union or partnership formally recognized by local authorities where the union took place. The unions concerned may be:
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A civil partnership, a civil union or a marriage between two persons of the same sex;
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A partnership or civil union between two people of the opposite sex.
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CHINA - September 2018
Simplified procedures for working visas
The Beijing Immigration Office will now facilitate the work visa process for highly qualified workers, especially for those working in Zhongguancun Science Park (Z-Park). Work permit applications will be processed in a more time efficient and swift manner. For example, the Immigration Office may issue 5-year or multi-entry business visas to foreign nationals working in a foreign subsidiary of a company registered in Z-Park.
IRAQ - September 2018
The Iraqi Ministry of Interior (MOI) requires companies that do not have an agreement from the Prime Minister's Office to hire foreign employees, to pay a deposit of 100,000 IQD for each visa applicant. After payment, the ministry will issue a visa approval letter. Employers will have to present copies of the updated registration documents at the MOI office in Baghdad.
AUSTRALIA - September 2018
Visa TSS, a new sponsorship in Australia
The Australian government announced in April 2017 the termination of the 482 and 457 visa. Its replacement, the Temporary Skills Shortage (TSS) visa aims to fill the lack of manpower in specific areas of expertise or key sectors in Australia.
It will be granted under three categories: TSS short term, TSS medium term and TSS Labour agreement.
- The short term TSS will be valid for up to two years. The criteria will be more flexible but without the possibility of a renewal for a permanent residence visa.
- The TSS Medium term visa is valid for up to four years. Acquisition will be more selective and there is a possibility of requesting a permanent residence visa after three years.
- The TSS Labour Agreement: This category is for skilled workers whose sponsoring company has signed an agreement called the Labour Agreement. It identifies the sectors in which there is a lack of manpower in the Australian labour market, or the geographical areas which also face the same problem.
SOUTH AFRICA - September 2018
Facilitating work visa agreements for foreigners
South Africa is in the process of amending the work visa legislation for foreigners by creating new types of visas. Application procedures will be simplified during the fourth quarter.
GREAT BRITAIN - October 2018
The Advisory Committee on Migration publishes a report on the impact of migration from the European Union
On 18 September 2018, the Advisory Committee on Immigration (MAC) issued a much anticipated report on the impact of immigration from the European Economic Area (EEA).
The report makes recommendations on immigration based on the results of Brexit: the end of free movement of European Union nationals in the United Kingdom and the choice by the United Kingdom of a system regulating post-Brexit immigration.
In this situation, the report recommends that the immigration system does not give special treatment to EU nationals, but encourages the immigration of highly skilled workers to the UK, in particular by removing the maximum number of category 2 visa (Tier 2 Visa) beneficiaries.
There would be two types of status for Europeans:
- Pre-settled status: for people already living in the United Kingdom for less than five years. This status allows the applicant to apply for "settled status" once the stay exceeds five years in the United Kingdom.
- Settled status: for people who have been living in the United Kingdom for more than five years. It gives the right of permanent residence for life. Even if the holder of settled status leaves the United Kingdom for a maximum period of five consecutive years, he/she will retain this status.
The transition period on the Brexit implementation conditions will take place until 30 June 2021. We still anticipate many changes which we will continue to communicate on in future newsletters.
www.executive-relocations.com
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