Start your week off right by staying up to date with these key changes in immigration.
ITALY | New Rule Provides Flexibility to Integration Requirement for Renewal Applications
The Italian government has provided foreign nationals residing (or previously residing) in Italy with additional opportunities to renew their residence permits even if they have not met the nation’s “integration” requirements. Traditionally in Italy, foreign nationals are often required to fulfill “integration” requirements which vary from learning the Italian language to demonstrated competency in the nation’s civil discourse. The rule generally required that the “conditions” set out in the integration agreement be fulfilled within a 3 year time period. However, as of September 30, 2015, foreigners legally residing in the country may be permitted to renew their residence permits absent achievement of the integration conditions set out in the initial agreement.
Under this new rule, while foreigners are typically still required to fulfill the conditions in the 3 year period, new legislation permits the immigration authority to exercise discretion when the renewal applicant has not attained the 30 points needed for renewal and required under the integration contract signed. Notably, the legislation also permits former residents of Italy (who previously signed an integration agreement) to proceed with their residence permit applications without requiring the applicant to sign a new integration agreement. In addition, foreign nationals whose residence permit renewal application was previously denied on the basis of non-fulfillment of the integration requirement may be eligible to re-file their applications (approval of such applications are far from guaranteed, however).
This new “flexible” approach to residence permit renewals is certain to provide relief to those expats extending their assignments in-country beyond the 3 year limit. Readers should note that the integration requirement and the execution of these new rules will vary from province to province depending on the interpretations of local authorities.
Immigration Changes from Around the World
GLOBAL | U.S Department of State to Cease Issuance of Additional Passport Page Inserts Abroad
In conjunction with the 2016 rollout of the “Next Generation” U.S. passports, the National Passport Information Center has confirmed that it has begun phasing out issuance of additional passport page inserts to U.S. citizens abroad. The availability of additional passport pages is slated for complete termination as of January 1, 2016, after which U.S. citizens will be required to undergo a complete passport renewal process should they require more visa pages while abroad.
Watch for our upcoming Global Brief on this topic for a more in-depth look at the change and how it may affect your U.S. employees abroad.
UNITED KINGDOM | Home Office Introduces New Requirements for Sponsor License Applications
In sequence with several other changes to the United Kingdom’s immigration regulations so far this year, the government has now established new procedures and requirements for British employers applying for a sponsor license. Most recently, the government announced that in addition to the extensive corporate documentation needed to be issued with a sponsor license, the Home Office will now require employers to supply details of the first position which the company intends to fill with a Tier 2 worker upon issuance of the license.
Thus, when submitting applications for a sponsor license, employers are now required to provide the Home Office with the following details related to the first position it will fulfill pursuant to the Tier 2 guidelines:
• Salary and SoC code;
• Job title;
• Duties and Responsibilities;
• Details of the necessary skills and experience related to the position being filled;
• Whether the job is newly created;
· If yes, the purpose for the creation of the position, or
· If no, the duration the position has existed in its entirety; and
• A corporate organizational chart (hierarchy) which lists everyone working for the company, their position, job title, and an indication of which positions (if any) are vacant.
While the new rule is aimed at providing the Home Office with an accurate picture of the company as a whole, it is important to note that the company can be called upon to prove that the vacant position cannot be filled by the local labor force by requiring evidence of labor market testing. As a result, UK employers will be faced with the burden of having to ascertain specific details of job openings far enough in advance to support foreign recruitment efforts where Tier 2 qualifications and anticipated immigration processing are concerned.
Reminders: Recent and Upcoming Immigration Implementations
The following are reminders of recent or upcoming implementation dates that you should know:
• October 31, 2015: Companies in Angola’s oil industry must submit their annual program contracts for quota requirements and HR development plans to the Angolan Ministry of Petroleum by October 31, 2015.
Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Pro-Link GLOBAL’s Counsel and Knowledge Management teams.
Information contained in this Weekly Update is prepared using information obtained from various media outlets, government publications and our KGM network of immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department (firstname.lastname@example.org) with any additional requests for information or to request reproduction of this material.