Pearl Global Immigration NewsFlash
July 6, 2011
AUSTRALIA
The Australian Federal Government announced several corporate immigration changes that took effect on July 1st, 2011.
Increase in Minimum Salary Level for 457 Visa Holders
Effective July 1, the Temporary Skilled Migration Income Threshold (TSMIT) was increased to A$49,330 (currently A$47,480). The TSMIT is the lowest possible guaranteed earnings a 457 visa holder must receive. If the market rate for the particular occupation is higher than the TSMIT, the higher rate must be applied.
Increase in English Testing Salary Exemption for Some 457 Visa Holders
Certain 457 non-English speaking trade applicants may be required to satisfy an English language test as part of the 457 visa process. However, starting July 1st, if they are to receive guaranteed earnings of A$88,410 (currently A$85,090) they will be exempt from English testing.
Increase in Minimum Salary Level for Employer Nomination Scheme (Residency)
As with the increase in TSMIT, the minimum base salary required for Employer Nomination Scheme applications was also increased to A$49,330 (currently A$47,480) for most occupations. The minimum base salary for ICT occupations was increased to A$67,556 (currently A$65,020).
EUROPEAN UNION
A8 Restrictions Lifted
The previously restricted A8 member countries of the Czech Republic, Poland, Hungary, Slovakia, Slovenia, Estonia, Latvia and Lithuania are no longer limited in their access to work, housing rights and other social benefits in the European Union as of May 1st. Austria, Germany and the UK were the last of the pre-existing EU members who continued to enforce transitional restrictions on the A8 countries, but they too have finally lifted their bans. Switzerland has offered the same to those A8 nationals under local agreements.
Bulgaria and Romania, also known as A2 countries, are the only remaining EU/EEA members who continue to face work permit restrictions in a number of the other countries in the region.
EU Blue Card
While implementation dates and requirements will vary by country, the EU member countries will be rolling out the EU Blue Card system starting June and July of 2011. Modeled after the US Green Card, the Blue Card will allow qualifying nationals to work and reside in an EU member state and obtain long term residency. Denmark, Ireland and the UK are not participating in the program but all other EU countries will be introducing the Blue Card. After an initial 18 month period, the Blue Card holder will be allowed to move freely throughout the participating member countries to work and live with accompanying dependents. After five years of continuous residency in the EU as a Blue Card holder, the foreign national can they qualify for permanent residency.
The Czech version of the Blue Card was made available in January of 2011 and Bulgaria began accepting applications on June 1, 2011. Applicants must be highly skilled with matching qualifications and a valid job offer or contract but the requirements and procedures for the Blue Card program will vary by member states. It’s unclear yet how the Blue Card program will affect employers and the EU labor market.
GERMANY
In June, the German Government agreed to change immigration laws to attract doctors and mechanical and electrical engineers from abroad by eliminating restrictions that made it more difficult for them to find work.
Currently foreigners can only secure jobs if the company pays more than 66,000 Euros ($95,000) annually, or if the company can prove there are no qualified German or European Union citizens. Experts indicate that Germany could face a shortage of 6.5 million qualified professionals by 2025 if they continue without making changes. The proposed changes are a part of a package aimed at increasing Germany’s skilled labor force and are still under review by parliament.
NETHERLANDS
EU Blue Card and Dutch Migrant Scheme*
The implementation date of the European Directive on the EU Blue Card (2009/50/EG) was June 19, 2011. The Netherlands has implemented the EU Blue Card in the Dutch Immigration regulations.
What are the characteristics of the EU Blue Card? There are two main requirements: a salary threshold and a diploma of a post-secondary higher education program that lasted at least three years. The salary threshold is 1.5 times the average gross annual salary in the concerned EU member state. In the Netherlands the threshold is EUR 60,000. Before an application can be submitted, first the diploma must be recognised by a Dutch organization called International Credential Evaluation (http://www.idw.nl), which specializes in validating diplomas. A decision on an EU Blue Card application may take up to 90 days.
The Dutch highly skilled migrant program, the Knowledge Migrant Scheme (KMR), will coexist beside the EU Blue Card. Compared to the KMR Scheme, the EU Blue Card procedure is laborious and slow. The KMR Scheme involves a salary threshold only, no skills or education test. The current salary thresholds are EUR 50,619 gross per annum for those aged 30 or over, and EUR 37,121 for those under the age of 30. The processing time for the visa is 2 weeks and for the residence card is 4 weeks.
The EU Blue Card, on the other hand, offers the advantage of some kind of intra-EU mobility after 18 months. The EU Blue Card holder may move, after this period, to another EU Member State for the purpose of employment under the conditions as set out by the EU Blue Card, without first having to request a visa.
Another advantage of the EU Blue Card is that absence of the EU Blue Card holder from the territory of the EU, for a period shorter than 12 consecutive months and up to a total of 18 months, will not interrupt the cumulations of 5 years of legal and continuous residence, after which a long-term (permanent) residence permit may be applied for.
*Special thanks to our ABIL colleagues for this update on the Netherlands!
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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.
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