Pearl Global Immigration NewsFlash
March 24, 2011
BRAZIL — Limits to One-Year Technical Visas
Announced earlier this month, Brazilian one-year Technical Assistance visas are eligible for no more than one extension. In order to maintain an employee's legal status after the first renewal, the Brazilian company will have to hire the employee under a local contract.
INDIA — Spouses Permitted to Convert X Visas to Employment Visas
India's Ministry of Home Affairs (MHA) has issued new guidelines allowing X entry visa-holders (intra-company transfer spouses) to change their status to employment visas without leaving India.
Previously, if the X visa spouse of an intra-company transferee in India found employment, he or she was mandated to leave India and re-enter with the new visa before beginning authorized employment.
In order to qualify for the new change of status process, the following guidelines must be met:
- The applicant must be highly skilled, engaged or appointed by the India entity on a contract or employment basis.
- The applicant must be paid a minimum annual salary of $25,000 (USD) (ethnic cooks, language teachers other than English language teachers, translators, and diplomatic staff are exempt from the salary requirement.)
- The applicant must meet all other employment visa conditions as determined by current immigration regulations.
- The MHA must give prior approval for the change of status, after obtaining a report from the Foreigners (Regional) Registration Office [F(R)RO] in the applicant's region of residence in India
The full guidelines document can be found at the MHA website: http://mha.nic.in/pdfs/GuidWrkVISA-090211.pdf
SINGAPORE — Changes to Minimum Salary Requirements
SINGAPORE: Starting July 1, 2011, Singaporean employers of immigrant workers will be subject to increased minimum salary requirements in the professional and skilled worker categories. Specifically, the new salary requirements will affect employers of P1, P2, and Q managers, professionals, and administrative and specialist workers and S skilled workers.
Minimum Fixed Monthly Salary Requirements (Effective July 1, 2011):
- P1 Pass: 8,000 SGD (approx. 6,259 USD) per month.
- P2 Pass: 4,000 SGD (approx. 3,130 USD) per month.
- Q1 Pass: 2,800 SGD (approx. 2,191 USD) per month.
- S Pass: 2,000 SGD (approx. 1,565 USD) per month.
P1, P2, Q, or S work passes issued prior to July 1, 2011 are exempt from the new minimum salary requirements for their next two-year extension, but will be subject for all subsequent extensions.
For purposes of meeting the requirement, "Fixed Monthly Salary" is inclusive of basic salary and transport, housing, and any other living allowances paid directly to the employee. The "Fixed Monthly Salary" does not include variable compensation such as bonuses or commissions.
UK — Attracting Foreign Investors
Effective April 6, 2011, the U.K. will implement major changes to settlement (permanent residence) procedures and requirements for foreign investors and entrepreneurs.
Under the new rules, some new investors and individuals already in the U.K. under the investor category will be able to fast-track their settlement cases as follows:
- Foreign nationals making investments of £10 million or more will be eligible for settlement after 2 years;
- Foreign nationals making investments of £5 million–<£10 million will be eligible for settlement after 3 years;
- Foreign nationals making investments of £1 million–<£5 million will be eligible for settlement after 5 years (no change).
The changes will be applied retrospectively to current cases. For example, a foreign national who made a qualifying investment in the U.K. of £10 million on April 5, 2009 would be able to apply for settlement as early as April 6, 2011 (vs. April 6, 2014 under current rules).
Additionally, in response to public feedback about residency requirements, investors applying for settlement are now allowed to travel outside the U.K. for up to 180 days in any 12 month period.
However, to acquire British Citizenship, foreign investors will still be required to complete a period of five years residence in the U.K., one of which must have been as a settled person.
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The Pearl Global Immigration NewsFlash 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.
Copyright © 2011 Pearl Law Group. All rights reserved.
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