Start your week off right by staying up to date with these key changes in immigration.
CANADA | Immigration Audits Increase as Funding from “Employer Compliance Fee” Comes In
Canadian employers hiring foreign nationals under the country’s Temporary Foreign Worker, International Mobility Programs and those hiring employees under NAFTA are now subject to increased compliance auditing by Citizen and Immigration Canada (CIC). Resulting from the government’s reformation to its immigration regulations for LMIA-exempt work permit applications, a February 2015 announcement confirmed that immigration audits would be forthcoming. CIC anticipates that approximately one in four employers will be subject to extensive auditing which will include verification of job offers, relocation packages, remuneration, housing allowances, and healthcare coverage amongst several other representations made to the respective authorities in securing the work permit. As a result, employers should take particular care to ensure compliance with the new regulations, as well as proper maintenance of supporting documentation as penalties for non-compliance have also increased significantly.
Immigration Changes from Around the World
KAZAKHSTAN | Extension of Work Permit to Other Regions No Longer Possible
Several new amendments to Kazakhstan’s immigration regulations have been enacted and will come into force at the end of the 2015 calendar year. Most notably, under the new rules, foreigners holding work permits in one region are no longer able to extend the authorization of their work permit to other regions. In order to seek work authorization in another region, foreign employees are now required to file an entirely new work permit application. This inability to extend a work permit’s authorization to other regions is certain to cause additional burdens and processing challenges for the nation’s employers conducting business in more than one region.
On a more positive note, the government has extended the exemption period for requiring a work permit to travel on business to other regions from 60 to 90 days effective immediately. The 90 day period is calculated as a cumulative number of days per calendar year spent working in any region other than the issuing region. Furthermore, the government has eliminated the requirement that employers meet “special conditions” when looking to fill managerial and company director vacancies. These “special conditions” include hiring local staff, educating local staff, and training local staff.
PERU | “New Aliens Act” Aims to Simplify Immigration Structure
The Peruvian legislature has decreed in its “New Aliens Act” what it hopes to be more simplified immigration regulations. While industry professionals are anxiously awaiting the announcement of the accompanying regulations, it is anticipated that the legislation will establish three categories of work visas:
• Temporary Work Visa (valid for 1 year);
• Provisional Work Visa (valid 2 years); and
• Permanent Work Visas.
Further, it is believed the legislation will also incorporate changes to the Designated Worker Visa (WD1) and Short Stay Worker Visas which are now anticipated to be granted for a maximum of 30 days and will not be renewable (pending formal regulation). In addition, foreign nationals qualifying for Intra-Company Transfers will be subject to Temporary Worker Resident Visa issuance for a period not to exceed two (2) years and will not be renewable.
It is anticipated the regulations will be announced shortly and will take effect 90 days after publication. Pro-Link Global is monitoring the progression of the legislation at this time and will provide updates as soon as the accompanying regulations are formally announced.
Reminders: Recent and Upcoming Immigration Implementations
The following are reminders of recent or upcoming implementation dates that you should know:
• October 12, 2015: Changes to Tier 2 Restricted Certificate of Sponsorship (CoS) points-based allocation system comes into effect. These changes, first proposed in early September, primarily provide additional salary bands and corresponding points in order provide further flexibility for the non-shortage, non-Ph.D. level positions.
• October 12, 2015: European Union Visa Information System (VIS) will begin operations at embassies and consulates of all Schengen countries in China, Japan, Mongolia, North Korea, South Korea, and Taiwan. The VIS will require that Schengen Visa applicants submit their biometric data in-person as part of their visa application process.
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.