BCF - Business Immigration

INTERNATIONAL

June 29, 2010
Australia - Important Changes to the Skilled Occupation List under the General Skilled Migration Category
The Australian government seeks to ensure that the occupational profile of General Skilled Migration (GSM) applicants more clearly reflects the needs of the Australian labor market. Beginning on July 1, 2010, fewer occupations will qualify for Visas under this category. In fact, the new Skilled Occupation List (SOL) has been reduced from 400 occupations to 181. Link

June 29, 2010
India - Restrictions Imposed on Indian Tourist Visas
The government of India imposed that there should be a gap of at least 2 months between visits to the country on a Tourist Visa.

However, if any foreign national is required to visit India again within a period of 2 months after his/her last departure, such individual may obtain special permission from the Mission/Post. It would only be permitted in emergency situations like death/serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the Mission/ Post granting the permission.

In order to avoid potential difficulties, spouse/dependents should always apply for Entry Visas and not Tourist Visas in order to accompany foreigners coming to India for employment. Link

June 29, 2010
Russia - Introduces Legislation to Ease Migration of Foreign Workers
On July 1, 2010, Russia will introduce a new immigration legislation that introduces a new category called 'highly-skilled foreign employees.' President Dmitriy Medvedev signed the new legislation into law on May 13, marking a significantly progressive step to improve foreign investment and mobility of foreign workers. Link

May 31, 2010
Government of Canada introduces new program for business people from Mexico
Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced, on April 9, 2010 that Canada's visa office in Mexico City has established a special visa application program for Mexican business travelers, the Business Express Program. Businesses that have good immigration track records are invited by the Embassy of Canada to register for the program created to provide qualified businesses and their employees with a number of service advantages. More details regarding this program are available here.

May 31, 2010
India Applies More Stringent Employment Visa Requirements to US Applicants
Foreign nationals located in the US must now include a "Justification Letter" from the Indian sponsor. This letter must specify how the applicant is a skilled and qualified professional, executive, manager or technical expert.

This new requirement is in keeping with Indian immigration authorities' policy to issue employment visas to skilled and qualified foreign nationals only.

This new requirement will likely be extended to all employment visa applicants regardless of where they are applying from.

May 31, 2010
New Mexican immigration regulations
The New Immigration Procedures Manual took effect on May 1st 2010. The new Manual is designed to simplify the application processes for foreign nationals and reduce processing times.

All foreign nationals must now obtain the new "Multiple Use Immigration Form" (FMM) for business visits and work assignments, in addition to other requirements upon entering Mexico.

Foreign nationals who are eligible for admission to Mexico without a visa from Mexican authorities abroad will be permitted to enter and remain in Mexico for up to 180 days by obtaining the FMM upon arrival.

The new FMM replaces the previous permits that were available to foreign nationals seeking admission upon arrival at a Mexican port of entry.

Mexican consular posts abroad will no longer issue FM-2 or FM-3 permits. A new process has been implemented for those who require a visa to enter Mexico.

May 31, 2010
APEC Business Travel Card (ABTC)
Nationals of Asia-Pacific Economic Cooperation (APEC) member countries who are holders of a valid APEC Business Travel Card (ABTC) are allowed to enter Mexico to conduct business activities for up to 59 days per visit without a visa or permit using their card.

March 17, 2010
Mexico - Canadians require a valid passport to travel to Mexico
As of March 1st, 2010, all Canadian citizens need a valid passport to enter Mexico. Canadian citizens without a valid passport will not be allowed entry into Mexico and will be returned to Canada. In order to avoid delays and misunderstandings, we strongly recommend that you travel with a passport valid for six months after your arrival date.

February 16, 2010
India - Business visa - IT industry
The Indian government may relax rules that prohibit foreigners on business visa from working in India, acceding to the demand of the IT industry.

A government official has recently declared that the government is preparing a list of activities in the IT sector for which companies may be allowed to employ foreign nationals without a work permit for a limited period of time.

February 16, 2010
UK - Tier 1 - Possible changes
At the end of last year, the Migration Advisory Committee (the "Committee") has issued several proposals to change the Tier 1 scheme (highly skilled migrant scheme of the newly introduced UK immigration point-based system).

In particular, the Committee has recommended that prospective immigrants with a bachelor's degree should be able to obtain a status under Tier 1 if their previous earnings were high enough to secure sufficient points. Currently, a Masters degree is required to qualify for the Tier 1 status.

The Committee has also recommended that professional qualifications should receive the same number of points as a master's degree.

The document prepared further indicates that there should be a substantial increase of the thresholds under which a prospective migrant can gain points for previous annual earnings and that there should be no education requirements for migrants with previous annual earning of at least £150,000.

Furthermore, migrants under the Tier 1 scheme should only receive a visa valid for two years instead of the current three years and be able to apply for a three year extension.

The Government should soon indicate if they will follow the recommendations issued by the Committee.

February 16, 2010
UK - Tier 2 - Possible Restrictions
The UK Border Agency has announced that, starting April 2010, they should implement some changes to the Tier 2 - Intra-company transfer category.

Employees will now have to demonstrate 12 months of previous experience with their overseas employer in order to qualify for this category. Currently, only 6 months of previous experience is required.

Furthermore, the Intra-company transfer category will not lead to permanent residence in the future. Currently, intra-company transferees can apply for permanent residence in the UK after five years of working in the UK.

These changes will not affect the foreign nationals already working in the UK with a visa issued under the Tier 2 Intra-company transfer category.

January 18, 2010
DS-160 web-based non-immigrant visa (NIV) application
DOS Bureau of Consular Affairs announced that it will deploy the DS-160 fully web-based non-immigrant visa (NIV) application form worldwide. Complete global usage of DS-160 for all NIV applications except K's is expected by 04/30/10. This form will replace the Electronic Visa Application Form (EVAF). This new form will be used to gather the required information from persons requiring a non-immigrant visa and is a fully integrated online application and will be submitted electronically to the Department of State by internet. The information contained on this form, together with a personal interview, will allow Consular Officers to ascertain if an applicant is eligible for the non-immigrant visa. The following U.S. Embassies and Consulates are now using the online DS-160:

• Algeria : Algiers
• Australia : Melbourne, Perth, and Sydney
• Bermuda: Hamilton
• Canada : Montréal and Vancouver
• Hong Kong
• Iraq : Baghdad
• Ireland : Dublin
• Libya : Tripoli
• Mexico : Ciudad Juarez, Hermosillo, Matamoros, Monterrey, Nogales, Nuevo Laredo, and Tijuana
• Montenegro : Podgorica
• Russia : Moscow, St. Petersburg, Vladivostok

For detailed instructions, visa applicants will need to visit the U.S. Embassy website and follow the instructions on how-to-apply.

January 18, 2010
New employment integration project
On December 15th, 2009, the Minister of Immigration et Communautés Culturelles, Ms. Yolande James, announced the launching of a new project for the employment integration of foreign nationals trained abroad and referred by a professional order.

This project is financed by Emploi-Québec and is intended for candidates trained abroad who wish to practice in Québec a profession governed by a professional order. Hence, individuals for whom the academic training and diplomas will have been recognized by their professional order will be directed towards Emploi-Québec who will assist them in the search for a first job using the following tools:

• assistance throughout the project;
• support during the search for employment;
• salary grant offered to the employer during a period of 30 weeks as well as a supplementary assistance for support in the professional environment.

January 18, 2010
Did you know?
A Labour Market Opinion (LMO) may be revoked by Service Canada prior to the issuance of a work permit under the following circumstances:

• The application included false or misleading information; or
• New facts come to light subsequent to the date of the issuance of the LMO, that would have affected the assessment of the application and that, in turn, change the opinion that the employment of the foreign national would likely have a neutral or positive effect on the labour market in Canada; or
•The opinion was based on a mistake as to some material fact.

The revocation of a LMO decision may only be based on reliable documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the six factors listed under section 203(3) of the Immigration of Refugee Protection Regulations

When a positive LMO decision is replaced with a negative decision, employers have to submit a new LMO application before they can hire a temporary foreign worker.

January 18, 2010
India : New Tourist Visa on Arrival
The Government of India has recently decided to introduce on an experimental basis a "Tourist Visa-on-Arrival" for citizens of the following five selected countries: Finland, Japan, Luxembourg, New Zealand and Singapore. The experiment has started on January 1st, 2010 and will be conducted over a period of one year.

Tourists from the above-mentioned countries will continue to be able to apply for a visa at their Indian consular mission.

The Tourist Visa-on-Arrival' is issued for one single entry and has a maximum validity of 30 days. Visas will initially be granted by Immigration Officers at Delhi, Mumbai, Chennai and Kolkata airports.

January 18, 2010
India : Exit Permits
As per the recent guidelines issued by the Government of India concerning business visa holders, foreign nationals who were in India on Business visas and engaged in executing projects/contracts were required to leave the country by October 31st, 2009.

There have been few business visa holders who were covered by this new provision and that did not leave India on the stated date. Some ports of entries are not allowing these business visa holders to exit India without first obtaining an exit permit from the Foreign Registration Office.

Concerned business visa holders that are still in India should ensure that they have an exit permit from the Foreign Registration Office.

December 17, 2009
New Arrangements on the Mutual Recognition of Professional Qualifications Between France and Quebec
The governments of Quebec and France have recently signed several arrangements on the mutual recognition of professional qualifications in the health sector. Professionals concerned by these new arrangements are doctors, midwifes, pharmacists and dentists. 22 arrangements have been concluded since the signature in 2008 of the France-Quebec understanding on the mutual recognition of professional qualifications. The government of Quebec hopes to sign close to 100 of such arrangements by the end of 2010 including agreements concerning nurses.

October 16, 2009
Indian Visas - Important Changes
The government of India has recently issued new guidelines that will affect business and employment visa applications.

Business visas will now be issued only to foreigners travelling to India who want to undertake the following activities:

• Establish an industrial/business venture
• Explore possibilities to set up industrial/business venture in India
• Purchase/sell industrial products strictly as per the norms specified in the Visa Manual.

Foreigners travelling to India in order to execute projects and/or contracts will now require an Employment visa. By October 31, 2009, foreigners who are already in India on a business visa and that are engaged in executing projects/contracts will be forced to leave the country. If the foreigners wish to return to India, they will be required to apply for an employment visa.

Furthermore, employment visa applications will have to be filed with the Indian consulate of the foreigner's country of citizenship. As such, foreigners who are not residing in their country of citizenship will not be able to apply for an employment visa in the country of their current residence. This rule is not applicable to business visa applications.

September 15, 2009
Mexico - New Visa
Citizens of certain designated countries will be able to obtain long-term visa for Mexico for up to ten years, depending on their nationalities. The visa will allow its holder to travel to Mexico for business and/or tourism purposes.

This new policy will not affect legal permanent residents of the United States or Canada that do not require a visa or a prior permit from the Mexican authorities in order to enter Mexico for business or tourism purposes.

September 15, 2009
Australia - Important Reform
On September 14, the Australian government introduced an important reform of the 457 temporary work visa program.

This reform will have an impact on all the existing and future sponsors concerned by this program. Some modifications are still being discussed and more details are to come in the following months.

Among the proposed changes, sponsors will have to bear additional obligations. For example, the sponsor will have to guarantee the same salary and the same conditions to the foreign worker as the ones offered to an Australian worker, the sponsor will have to pay the travel expense of the foreign worker to leave Australia, the salary of the foreign worker will have to respect market salary level (clarifications are to come on this point). However, sponsors will no longer have any responsibility in regards to the health of their foreign workers.

August 4, 2009
Indian High Commission and Consulates in Canada have Begun Outsourcing the Processing of Visa Applications to a Private Company
During the month of May 2009, the Indian High commission and consulates in Canada have begun outsourcing the processing of visa applications to a private company.

Further to this change we have noticed a significant increase of the processing time. In particular, business visa applications which used to be processed in five business days from the date of their receipt, can now take up to three weeks in order to be processed.

We therefore recommend that all employees located in Canada who are expected to be sent to India start their visa application at least two months before the intended departure date.

If you require any additional information, please do not hesitate to contact one of our immigration specialists.

July 29, 2009
Immigration officials working for the UK Border Agency have voted for strike action
The Public and Commercial Services Union has indicated that 78% voted to stage a walkout over plans to merge the duties of immigration and customs staff. This may result in a possible two-day strike on August 5 and 6. The UK border Agency indicated that contingency plans would be put into place to minimise disruption. However, travellers should expect delays if the dispute is not resolved.

June 15, 2009
New "EU Blue Card": More Advantages for High-Skilled Foreign Workers
On May 25, 2009 the Council of the European Union adopted a directive aimed at facilitating conditions of entry and residence in the EU of third-country citizens for the purpose of highly qualified employment. The directive establishes more attractive conditions for third-country workers to take up highly qualified employment in the member states of the Union, by creating a fast-track procedure for issuing a special residence and work permit called the "EU Blue Card".

“The Blue Card will facilitate access to the labour market to their holders and will entitle them to a series of socio-economic rights and favourable conditions for family reunification and movement across the EU.” The period of validity of the EU Blue Card will be between one and four years, with possibility of renewal. A Blue Card may also be issued or renewed for smaller periods in order to cover the work contract period plus three months.

After eighteen months of legal residence in the first Member State as an EU Blue Card holder, the card holder and his family may move, under certain conditions, to a Member State other than the first Member State for the purpose of highly qualified employment. Following its publication in the Official Journal of the EU, the member states will have two years to incorporate the new provisions into their domestic legislation.

June 15, 2009
Quebec-France Lawyer mobility agreement
After the engineers, the accountants and the architects, the lawyers of Quebec and France will be able to practice on both sides of the Atlantic. Within the framework of the Quebec-France lawyer mobility agreement, the Bar of Quebec and the Conseil National des Barreaux de France signed on May 30th, 2009, an agreement for the mutual recognition of the qualifications of their members. Under the terms of the agreement, lawyers will simply have to pass a deontology exam after their inscription to the bar of Quebec or one of the bars of France.

June 15, 2009
France : New Visa VLS-TS
Since June 1st, 2009, French consulates have started issuing a new type of long term visa that is also a resident permit. This new type of visa is available to certain categories of foreigners such as "salariés" (employee), "travailleurs temporaires" (temporary workers) and "visiteurs" (visitors).

The new visa VLS-TS is issued for trips of more than 91 days in France with a maximum of 12 months.
The holders of this new visa no longer require obtaining a resident card upon arrival in France. However, within 3 months of their date of entry, the visa holders are required to give notice of their presence to the competent Immigration office (OFII)