Two bites of the apple- limitation in professional negligence cases
In these global immigration updates, we provide brief details on key changes to immigration rules in global jurisdictions.
Please note that all immigration rules are subject to change and whilst correct at the time of publication, they should not be relied upon as legal advice or a statement of accuracy at a later date.
Companies who assign employees to work in Belgium are now expected to use the LIMOSA declaration which is a system for notifying the Belgian labour authorities of postings.
LIMOSA declarations must now include the following additional information:
The appointed liaison officer must provide all of the relevant information and documents that have been requested to the authorities and be responsible for recording all information from the authorities concerning employment of posted workers in Belgium.
Certain documents concerning the posting including the assignment letter, salary slips and time sheets must be kept and provided to the authorities should they be requested for at least one year after the assignment end date and these may need to be provided to the authorities on request.
The Swiss Federal Council has decided to increase certain work permit quotas for 2018.
The quota for recruiting specialist non-EU/EFTA nationals in the coming year has increased from 7,500 to 8,000. The additional 500 permits will be allocated specifically to B permits bringing the total to 3,500.
There will be no change to the allocation of short term L Permits which will remain at 4,500 Permits.
For 2018, 500 long-term B Permits will be granted. This is an increase of 250, compared to the 2017 quota. 3,000 short term L Permits have been granted for EU/EFTA nationals which is an additional 1,000 permits compared to the 2017 quota.
The German Federal Ministry of Interior has decided to extend the border controls between itself and Austria for an additional six months. As well as extending land borders, border control plan will be introduced for specific flights entering the country, namely flights from Greece.
As a consequence, foreign nationals travelling in the Schengen area should carry their immigration documents with them (including passports). Visitors should expect increased delays when attempting to enter Germany from German flights or when travelling through the Austrian border.
Qatar has introduced a single-entry electronic travel authorisation (ETA). The ETA will be valid for 30 days and once expired, can be renewed only once. This authorisation will be available for nationals and valid visa or residence permit holders from the following countries:
The following must be provided when applying for the ETA online:
A new intra-company transferee (ICT) work permit category has been implemented in Ho Chi Minh City. This new work permit will apply to the following individuals who are transferred to Vietnam:
This new category will ease certain requirements under the standard ICT route. A number of key requirements have been relaxed including the following:
A new electronic work permit system called the Single Window for Visa and Work Permit is being introduced by the Board of Investment (BOI) in Thailand. Once the new system has been implemented applications will need to be submitted online before an appointment is made at the One Stop Service. The process is expected to take approximately 3 hours and the online system will be available 24 hours a day. Foreign nationals will then be able to utilise this system to evidence their right to work in Thailand by obtaining a Digital Work Permit instead of a hard copy version. This can be done by registering and downloading the permit on the individual’s smartphone, with any status changes to their permit being reflected automatically.
Companies that are BOI registered must register online and complete a mandatory training workshop. This first come first serve training will initially allow for 2 representatives from each BOI registered company to attend. It is advised that these companies register for this training.
This new system will be introduced in stages starting from this month and is scheduled to be available for use from January 2018.
The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) has now been ratified by the European Union (EU). CETA will apply to Canada and the EU and focus in the areas of business visitors, intra-company transfers, and business visitors with the intention of investment.
The intra-company transfers (ICT) rules of CETA are similar to the existing ICT arrangements in Canada. The rules allow entry and stay without labour market testing or quotas.
Under CETA, all Intra-company transferees must have been employed by or have a partner relationship with the sending company for at least one year. This individual must also fall under one of the three groups –
Due to CETA, the existing business visitor provisions are amended. The main change will be the widening of the scope which eligible candidates seek to enter Canada for the purposes of business, particularly for short term business and for business visitors with investment purposes.
Investors who are eligible under CETA can obtain work authorisation for up to one year and will not be subject to labour market testing or quotas. Extensions will be at the discretion of the Canadian immigration authorities.
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