KN Global Immigration Update - June 2019

25 June 2019

In June 2019’s global immigration update, we provide brief details on key changes to immigration rules in global jurisdictions including Europe, The Americas, Asia-Pacific & The Middle East.


Europe

France - new rules announced for posting of workers in france



Effective 1 July, new requirements have been introduced for posted workers in France. Below is a brief outline of the changes:

Deadlines

Employers will now have up to 15 days to complete any mandatory posted worker documentation if requested by the labour authorities.

Additional information to be provided

Employers will also need to provide further information on the online posted worker notification form. For example, they will need to include the European Value Added Tax number of the co-contracting party, the employee’s gender and the employee’s hourly salary rate during their assignment in France. 

Updating contact details information

The French designated representative’s contact details can now be updated online on the French Labour Ministry’s website. This replaces the requirement for a hard copy submission of this document with the relevant French representative’s contact details. 

In addition to the above changes, the new law allows labour authorities to share documents related to seconded employees for the purpose of investigating illegal work. Labour authorities will now have the authority to close any site where they identify that illegal workers are on the property.

 

Americas

mexico - authorities to increase on-site inspections and audits to ensure compliance



Immigration authorities in Mexico have announced that there will be an increase in on-site inspections and audits to ensure companies hiring foreign nationals are compliant with immigration laws in Mexico.

A new policy will be introduced that requires all companies hiring foreign workers to be audited annually. The focus of the audits will mainly be to ensure that foreign workers have the correct documentation to work. They will also be reviewing whether employees listed on the immigration authorities' database have their information recorded accurately and kept up-to-date. These compliance checks will apply to all visa and work permit categories in Mexico including renewals and employer registration certificates.

 

Asia-Pacific

australia - global talent scheme to be extended and reviewed



The Global Talent Scheme pilot programme aimed at allowing accredited sponsors and start-ups to benefit from a simplified application process, expedited processing and four-year work permits in Australia, has been extended while authorities complete a review process to establish how successful the scheme has been. The scheme affects the Temporary Skill Shortage (Subclass 482) work permit category and will affect any accredited sponsors that meet the qualifying criteria. This includes start-up companies in STEM (science, technology, engineering or mathematics) industries that fulfil the qualifying criteria.

 

japan - new work permit category introduced for 2020 olympics



Authorities in Japan have confirmed that they will be creating a specific visa category for foreign workers coming to Japan to complete work related activities to the 2020 Summer Olympics in Tokyo. 

The new visa will be available in limited circumstances to foreign nationals coming to Japan for more than 90 days. Specific eligibility requirements will be confirmed in due course and the visas are expected to be available from July 2019.

 

Middle East

saudi arabia - new residence permit introduced for highly skilled workers, investors and entrepreneurs



Immigration authorities in Saudi Arabia have introduced a new residence permit (known as Iqama in Saudi Arabia) that will allow holders to have additional rights while living in Saudi Arabia. For example, they will be able to recruit workers, own property and issue visitor visas. 

Furthermore, they will also be permitted to enter and leave Saudi Arabia without prior permission from a sponsor. Two work permit types will be introduced, one with an unlimited validity duration and the other that will have a validity period of one year with the option to be renewed.

Individuals seeking to apply for the new residence permit must have certain professional or scientific qualifications or own a company in Saudi Arabia and be over 21 years old. They will also need to have a valid passport and clean criminal record. Full details on the eligibility criteria will be announced in due course.

 

Please note that all immigration rules are subject to change and while correct at the time of publication, they should not be relied on as legal advice or a statement of accuracy at a later date.

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