PLG Global Immigration Update
February 28, 2011
With special thanks to our ABIL Colleagues around the world!
Thanks for entrusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your global business immigration updates. As always, we welcome your comments and questions.
CANADA: Big Changes to the Temporary Foreign Worker Program by CIC
In addition to the end of the Labor Market Opinion (LMO) exemption for IT specialist workers last October, Citizenship and Immigration Canada (CIC) will be implementing a number of other tough changes starting April 1, 2011. There will now be strict compliance requirements for employers who fail to meet the wage, working conditions and occupation listed in the terms and conditions of the job offer listed in the work permit application. Beginning April 1st, employers looking to bring foreign workers to Canada will be carefully scrutinized to determine if there have been any violations in the two years preceding the new application. An employer in violation could be subject to a two-year prohibition from hiring temporary foreign worker if they cannot demonstrate acceptable justifications. Acceptable reasons include unintentional accounting or administrative errors where sufficient efforts were made to correct the issues for all affected workers and legitimate changes in federal or provincial laws. CIC will be publishing the list of noncompliant employers on its website.
CIC is also enforcing a four-year work limit for some temporary foreign workers. The limit applies to work authorization, not their period of stay in another immigration status (i.e., student or dependent). Once the four-year cap is reached, these workers will not be eligible to apply for another work permit for a period of four years. Employers should plan ahead and explore options for permanent residence for these employees. Workers exempt from the LMO (such as intra-company transferees) and those who hold permits obtained pursuant to an international treaty agreements (such as NAFTA) are not affected by the cap.
EUROPEAN UNION: EU to Launch "Blue Card"
The European Union plans to move forward with the "Blue Card," inspired by the U.S. Green Card system, allowing non-EU citizens to live and work in any country in the EU. The blue card would allow foreign skilled workers around the world to go from one job to another across Europe without having to apply for a new work permit for each country. EU Blue Card holders would also be able to bring dependents with them. The EU Commission is targeting implementation by this summer. The EU hopes to be more competitive in the labor market and help migrants come to Europe legally to fill skilled positions. Companies in the EU have struggled to find suitable local candidates to fill specialist jobs in the IT and Engineering sectors. By making itself more attractive to foreign skilled workers, the EU aims to help EU businesses as well as stimulate their economy.
FRANCE: New Trial Procedures for Processing Intra-Company Transferees
1) The Bureau of Professional Immigration has proposed a six-month trial to streamline processing of salarié en mission (intra-company transfer) visa applications. In three trial districts—Paris, Nanterre and Lyon—the Migrations Office (OFII) will now act as a "one stop" office. For intra-company transferees in these districts, employers should now file all application materials at the OFII, which will then coordinate processing with the adjudicating agencies: DIRECCTE for the work permit, the consulate for travel visas for the applicant and dependents, and the relevant local prefecture for the residency permit.
2) The Administrative Court of Appeal of Paris has upheld the denial of a salarié en mission work permit application filed by Turkish Airlines. The court found that the proposed role (accountant for Turkish Airlines' French operations) was permanent in nature. The labor code (Article L. 1261-3) states that intra-company transfer assignments must be temporary.
INDIA: OCI and PIO Cards to Merge
The Indian government has announced plans to merge the Overseas Citizens of India (OCI) and the Persons of Indian Origin (PIO) cards into a single category. These cards allow any foreign national who is either a former Indian citizen or has a spouse, parent or grandparent who held Indian citizenship, to enjoy many of the same benefits as Indian citizens. Currently PIO card holders are granted visa-free entry into India for up to 15 years and are required to register with the local police for stays exceeding 180 days. On the other hand, OCI card holders have visa-free entry for the holder's entire lifetime without restrictions and are not required to register. By merging the two into a single scheme, PIO card holders will enjoy the same benefits as OCI card holders. As of January 8, 2011, the Indian government has not issued any additional details regarding the process, the implementation date or processing time. PIO cardholders continue to be permitted to upgrade to an OCI card if they qualify. Recent changes noted at some consulates, such as the Consulate General of India in San Francisco, include the outsourcing of PIO, OCI and Renunciation applications to Travisa Outsourcing, starting March 8, 2011. Travisa Outsourcing currently processes all other visa categories for the overseas Indian consular posts in the U.S.
UK: End of Tier 1 (General) and Permanent Cap on Tier 2 (General) Effective April 5, 2011
The UK Border Agency announced last year the implementation of caps and closures placed on the Tier 1 (General) overseas and Tier 2 (General) work permit categories. As of December 23, 2010, the UK government stopped accepting overseas entry clearance applications under the Tier 1 (General) permit category, as interim limits were quickly reached. As of April 5, 2011, the Tier 1 (General) category will be shut down completely and will be replaced by Tier 1 Exceptional Skilled, Entrepreneur and Investor categories. Additionally, the UKBA is set to announce a permanent cap on Tier 2 (General) work permits, also in April. An interim limit was announced last December.
The above update is provided for information purposes only. All contributors are members of ABIL, the Alliance of Business Immigration Lawyers, a global network of specialist business immigration firms. www.abil.com
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The PLG Global Immigration Update provides periodic alerts about noteworthy developments in business and corporate immigration and related topics. It is provided as information only and is not a substitute for legal counsel. If you have questions about the NewsFlash, please contact your PLG attorney or write plgglobal@immigrationlaw.com.
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