Peregrine News January 2015

8/9/2019 Peregrine News January 2015

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peregrine:GLOBAL IMMIGRATION MADE SIMPLEVAT registration number: 111 7916 32

Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

This month we have added five new immigration processes toImmiguru.

We have also now made it possible for our clients to display their own company logos in

Immigo,a feature already available inImmiguru.

We hope you are able to join us for awebinaron Tuesday 3 February 2015 at 1.30pm (UK

time) to look at the recent changes to Russian immigration regulations.

Peregrine will beattendingERCs Global Workforce Summit on Wednesday 11 and Thursday12 February, at the Lancaster London Hotel, central London.

Our global immigration software products, Immigoand Immiguruare showcased at

www.peregrine.im,where you can register for a free trial of both products.

Table of Contents

PHILIPPINESALL FOREIGN NATIONALS WITH ACRS TO REPORT TO IMMIGRATION IN PERSON BEFORE 1MARCH

2015 2

FRANCE2015MINIMUM SALARY INCREASES 3

GREECETRANSLATION REQUESTS VIA AGENTS REQUIRE POWER OF ATTORNEY 3

SINGAPOREEMPLOYMENT PASS APPLICANTS WILL REQUIRE A NOTIFICATION LETTER TO START WORK 4

VIETNAMBUSINESS VISAS NO LONGER AVAILABLE ON ARRIVAL 4

MALAYSIAHIGHER SALARY THRESHOLD FOR SPONSORING DEPENDENTS,AND POSSIBLE DELAYS DUE TO 2015

EMPLOYMENT PASS PROJECTION PROCESSING 5

THAILANDNEW DOCUMENT CERTIFICATION REGULATIONS 6

LEBANONFOREIGN NATIONALS EXCLUDED FROM SOME PROFESSIONS 7

CHINABEIJING ISSUES THREE-YEAR WORK PERMITS 8

NETHERLANDS

MORE NATIONALITIES EXEMPT FROM TUBERCULOSIS TEST 8COLOMBIANEW VISA CATEGORY FOR MERCOSUR NATIONALS AND THEIR DEPENDENTS,AND NEW DEGREE

VALIDATION REQUIREMENTS 9

NETHERLANDSCOURT RULES NO WORK PERMIT REQUIRED FOR JAPANESE NATIONALS 10

ROMANIANEW MINIMUM SALARY FOR WORK PERMITS 11

INDIAPERSON OF INDIAN ORIGIN (PIO)SCHEME MERGED WITH OVERSEAS CITIZENS OF INDIA (OCI)SCHEME 11

AZERBAIJANWORK PERMITS NOT REQUIRED FOR TRIPS OF UP TO 90DAYS 12

ISRAELRENEWAL OF 30DAY SHORT EMPLOYMENT AUTHORISATION (SEA)PROGRAMME 13

MOREFROMPEREGRINE 13

PEREGRINE NEWS

January 2015
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PHILIPPINESAll Foreign

Nationals with ACRs to

Report to Immigration in

Person Before 1 March

2015

1 March 2015 is the deadline for foreign

nationals in the Philippines to report in person

to the immigration authorities, to avoid being

noted down as undocumented aliens.

Who Needs To Report?

All foreign nationals holding an Alien

Certificate of Registration (ACR) I-Card or

paper-based ACR are required to report

within the first 60 days of the year. Some

examples are:

9(g) Pre-arranged employees

9(d) Treaty traders

Special Work Permit holders 13(A) Permanent residence immigrant

visa holders

The parent or legal guardian of a registered

foreign national who is less than fourteen

years of age must report on their behalf.

Exemptions

Foreign nationals in the Philippines in an ACR

I-Card exempt category are not required toreport. Some examples are:

Special Non-immigrant 47(a)(2) Visa

holders;

Multiple-Entry Special Visa holders;

9(a) tourist visa holders.

Since 2014, the annual reporting requirement

cannot generally be completed on behalf of

the foreign national by a third party

representative. However, foreign nationals

may be exempt from personal appearance,

provided they:

appeared during the Annual Report

2014 with an accomplished 2014

Annual Report form;

pay the Express Lane fee of Php500

for non-appearance;

submit a Special Power of Attorney

(SPA) with valid government-issued ID

of legal representative; and

are without any deficiencies or

liabilities under the Philippine

Immigration Act of 1940, as amendedand the Alien Registration Act of

1950.

How To Report

Foreign nationals who are required to report

should attend either the Board of Immigration

(BI) main office in Intramuros, Manila, or a

regional office in their area of residence,

taking with them their ACR I-Card and/or

paper-based ACR, and a completed annual

report application form (seehere), and pay a

fee of Php310.

Penalties for Failure to Report

A foreign national who fails to complete the

annual reporting requirement on time will be

subject to a monthly fine of Php200. Failure to

comply may also be subject to an

administrative fine and/or imprisonment, atthe discretion of the Commissioner of

Immigration.

Action Items

Ensure that your foreign national

employees or assignees in the

Philippines are aware of the

requirement to report in person

(unless exemptsee above) by 1March 2015.
http://immigration.gov.ph/index.php/services/alien-registration/annual-report-a-rhttp://immigration.gov.ph/index.php/services/alien-registration/annual-report-a-r


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FRANCE2015 Minimum

Salary Increases

The French government has announced an

increase in the minimum legal monthly salary

requirement (SMIC), with effect from 1

January 2015, bringing it up to 1457.52EUR

per month (up by 8%, from 1445.38EUR per

month in 2014).

The SMIC is the minimum legal salary for all

workers in France. A change to the SMIC

affects minimum salary thresholds for sometypes of work permit.

Salary Requirements in France

It is important to note that foreign nationals

locally hired in France must be paid salaries

comparable to what a French national in the

same position at the same company would

expect to receive. The new application forms

for work permits (see our alerthere)make

this very clear.

Employees on assignment to France should be

also be paid according to their level of

expertise and experience, and salaries in all

cases should meet minimum requirements as

stated in the applicable French conventional

labour regulation (i.e. collective bargaining

agreement) applicable to the parent French

company.

Intra Company Transferees

The increase to the SMIC particularly affects

employees coming to France as intra company

transferees (i.e. using the Salari en Mission

route) as the minimum salary level for this

route is set at SMIC x 1.5; i.e. at least

26,236EUR per year. However, note that

again, the salary must be relevant for the

actual position and experience of the

applicant.

Background

SMIC increases every year in France. It is

calculated as an hourly rate, with the monthly

rate being worked out assuming a 35 hourweek. More information on historical SMIC

rates is availablehere.

Action Items

Review the salaries of applicants for

upcoming transfers to France,

particularly those following the intra

company transfer route, to ensure

compliance.

GREECETranslation

Requests via Agents

Require Power of Attorney

The Translation Service of the Ministry of

Foreign Affairs in Greece has announced that,

from now on, any third party representativesubmitting any document for translation on

behalf of an applicant of any nationality must

present a signed legal authorisation form

(power of attorney).

What is the Translation Service?

The Translation Service of the Ministry of

Foreign Affairs provides certified translations

of documents as required in support of

various applications.

Action Items

Ensure that any third party

representative instructed to deliver

documents to the Translation Service,

pay translation fees or collect

completed translations holds a signed

power of attorney authorising the

representation.
http://peregrine.im/newsletter/RBrZR4f2144http://www.journaldunet.com/management/remuneration/smic-mensuel-et-smic-horaire.shtmlhttp://www.journaldunet.com/management/remuneration/smic-mensuel-et-smic-horaire.shtmlhttp://peregrine.im/newsletter/RBrZR4f2144


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SINGAPOREEmployment

Pass Applicants Will

Require a NotificationLetter to Start Work

With effect from 16 March 2015, the In-

Principle Approval (IPA) letter will no longer

allow Employment Pass (EP) applicants to

start work. Instead, an applicant can only start

work once their pass has been issued and they

have received a Notification Letter (NL).

The new rule reflects recent faster EP

issuance times, but is likely to delay the date

that work can be started.

Background

Currently, the In-Principal Approval (IPA)

given to an EP applicant is valid for six

months. The IPA is meant as confirmation that

the work pass application has been approved,

and to allow applicants time to make plans tocome to Singapore to work.

On arrival, the Ministry of Manpower (MOM)

needs to be notified before the EP applicant

can start work with their employers.

Employers must notify MOM by requesting

for issuance of the work pass through

Employment Pass Online (EPOL).

In the past, as request for EP issuance

involved multiple steps and could take some

time, EP applicants were allowed to work on

the IPAs while waiting for the issuance of the

work passes. More recently, MOM says it has

streamlined the EP issuance process.

In view of this, from 16 March 2015 MOM will

require that issuance of work passes be

completed before the EP applicant can start

work, and the IPA letters will be amended to

reflect this change.

Action Items

Employers should begin the

Employment Pass issuance process assoon as possible upon arrival in

Singapore.

EP holders should then proceed for

work pass card registration as soon as

possible, as the Notification Letter is

only valid for one month.

VIETNAMBusiness Visas

No Longer Available onArrival

Vietnams new immigration law, effective 1

January 2015 (seeour previous alert),

requires all business travellers and those

intending to work in Vietnam to obtain a

business visa in advance from the Vietnamese

embassy or consulate in their home country.

What's Changed?

Previously, for qualifying nationals, it was

possible to obtain a business visa on arrival in

Vietnam, or to convert to a business visa post

arrival.

The new rules may delay entry for all

nationals travelling for business or work, due

to the higher volume of business visa

processing at Vietnamese embassies andconsulates abroad.

How to Apply

The applicants host company in Vietnam

must sponsor the application by applying for a

visa authorisation letter, or pre-approval

letter, in Vietnam, which will be sent directly

to the applicants home country consulate in

support of the application.
https://peregrineimmigration.co.uk/news?nl_country=Vietnamhttps://peregrineimmigration.co.uk/news?nl_country=Vietnam


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In support of this application, the host

company must provide a detailed schedule of

the business or work activities that the

applicant will conduct while they are in

Vietnam.

Action Items

Allow extra lead time for assignments

to Vietnam, taking into account the

new rules, and the possibility of

delays during implementation.

MALAYSIA

Higher Salary

Threshold for Sponsoring

Dependents, and Possible

Delays due to 2015

Employment Pass

Projection Processing

A higher salary threshold has been set forEmployment Pass (EP) holders employed by

Multimedia Super Corridor (MSC) status

companies and Information and

Communication Technology (ICT) companies

who wish to sponsor Dependant Passes (DP)

for their spouses or children.

Also, delays are expected in Expatriate

Services Division (ESD) Employment Pass

processing. Employers are required to submita new Employment Pass projection for 2015

before any applications can be submitted, but

were not previously warned about this.

New Salary Threshold for Dependent

SponsorshipFor Employment Pass (EP) holders employed

by MSC status companies and ICT companies,

who wish to sponsor Dependant Passes for

their spouses or children, the minimum

monthly salary is now RM5,000.

Who is Affected?

Employment Pass holders at MSC

status companies and ICT companies

who earn less than RM5,000 per

month will not be able to sponsor

Dependant Passes or long term Social

Visit Passes for dependent family

members.

An existing Employment Pass holder

at an ICT company or MSC status

company earning less than RM5,000

per month will face difficulties with

the renewal of any Dependant Passesfor their spouse or children unless his

salary has been increased to at least

RM5,000 by the time of renewal of his

EP. Otherwise, any dependents would

have to leave the country at the

expiry of their current Dependant

Pass.

Employment Pass holders without

dependents at MSC status companies

and those who carry out shared

services at ICT companies are only

required to be paid at least RM2,500

per month. EP holders who are not

sponsored by MSC status companies

or ICT companies are not affected by

this rule change.

2015 Projection Delays

The Expatriate Services Division (ESD) did notnotify employers in 2014 that they would be

required to file a new Employment Permit

(EP) projection for 2015 before any EP

applications could be filed; however, this is a

requirement.

The processing time for the projection is

approximately three weeks, and any company

submitting applications via the ESD, and which

has not yet submitted its projection for 2015,should therefore allow at least this amount of


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lead time before submitting any Employment

Pass applications for 2015.

For MSC status companies and ICT companies

administered by the Multimedia Development

Corporation (MDeC), the MDeC normally

sends out reminders of the projection

requirement in December. As such these

companies are more likely to have completed

their projection before the New Year started

and to have avoided the delays.

BackgroundThe Multimedia Super Corridor (MSC) is a

Special Economic Zone in Malaysia designed

to promote development of the Malaysian ICT

industry. The Multimedia Development

Corporation (MDeC) administers Employment

Passes for MSC status Companies and other

ICT companies. Other Employment Passes and

expatriate services are managed by the

Expatriate Services Division (ESD), which

launched its online application services in

2014.

Action Items

Any employer intending to submit

Employment Pass applications for

foreign nationals in Malaysia in 2015,

which has not yet submitted its 2015

projection, should do so as soon as

possible to minimise delays.

ICT companies and MSC statuscompanies will have to consider the

salaries of Employment Pass holders

with dependent family members if

they want them to extend their EPs,

bearing in mind that the new

minimum salary requirement may

force their family to leave Malaysia.

THAILANDNew

Document Certification

Regulations

Effective 19 January 2015, the Immigration

Department at the One Stop Service Center

(OSSC) in Bangkok requires that certain

corporate documents for initial or extension

applications for non-BOI (Board of

Investment) long-term visas or work permits

be officially certified by the relevant

government agency.

Previously, non-certified copies were

acceptable.

The new regulations are expected to cause

considerable inconvenience, expense and

delays in processing work permits and visas.

Who is Affected?Non-BOI companies which qualify to use the

OSSC for visa and work permit applicationsinclude certain Bangkok-based companies or

branch offices employing managers or

experts, representative or regional offices and

companies operating under the Petroleum Act

or the Industrial Estate Authority of Thailand

Act.

Documents to be Certified

Copy of Financial Statement in Thaicontaining balance sheet and profit

and loss statement for the previous

year, audited and signed by the

companys CPA (Certified Public

Accountant) and officially certified by

either the Revenue Department or

Ministry of Commerce.

Copy of form and receipt of previous

year corporate income tax return


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(P.N.D. 50 form), officially certified by

the Revenue Department.

Copy of form and receipt of monthly

salary withholding tax for the latest

month of all Thai and foreign

employees (P.N.D. 1), officially

certified by the Revenue Department.


Value Added Tax (VAT) return (Phor

Por 30 form) for the latest month,

officially certified by the Revenue

Department.


social security contribution for thelatest month of all Thai and foreign

employees, officially certified by the

Social Security Office.

Copy of form for submission of

audited financial statement for the

previous accounting year

acknowledged by the Department of

Business Development, Ministry of

Commerce (Sor Bor Chor 3 form),

officially certified by the Ministry of

Commerce.

Copy of form and receipt of personal

income tax return (PND 91) of the

employee for the latest year, officially

certified by the Revenue Department.

BackgroundThe new regulations are being implemented

due to the number of fraudulent documentsthat have been submitted in the past.

The One Stop Service Centre for Visas and

Work Permits aims to facilitate visa extension

and work permit applications, and enables

considerably reduced processing times for the

work permit and visa extension applications.

Action Items

Ensure that all necessary documents

have been officially certified by the

relevant authorities before

submission in support of non-BOI

long-term visa and work permit

applications at the OSSC.

Allow several additional days of lead

time to obtain certified documents

from the various authorities before

submitting applications.

LEBANON

Foreign

Nationals Excluded from

Some Professions

In a decision issued 17 December 2015, the

Lebanese Minister of Labour reserved to

Lebanese nationals the exclusive right to

practice certain careers in Lebanon.

However, foreign nationals may be exempt

from this new rule if they are specialists or

technicians in positions that cannot be filled

by a Lebanese national. Moreover, any foreign

national currently holding a Lebanese work

permit will be allowed to continue to work in

Lebanon until the work permit expires.

Jobs reserved for Lebanese

NationalsAll jobs and business related to theadministration, banking, accounting,

education, publishing, engineering, medicine,

law and insurance sectors, are now reserved

for Lebanese nationals, including but not

limited to President, Dean, director, cashier,

accountant, secretary, sales or marketing

representative, teacher, engineer, nurse and

pharmacist.


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ExemptionsThe Minister of Labour can decide to exclude

foreign nationals from these provisions, if

they fulfill one of these criteria:

Specialist or technician performing

jobs that cannot be filled by Lebanese

nationals;

Director or representative of a foreign

company registered in Lebanon;

Lebanese resident since birth;

Of Lebanese origin or born to a

Lebanese mother;

The country of residence of the

foreign national allows Lebanese

nationals to perform the job that the

foreign national wants to perform in

Lebanon.

Palestinian and Syrian nationals are also

exempt from the provisions in certain

circumstances.

Action Items Ensure that any assignee to Lebanon

meets one of the exemption criteria.

Current work permit holders applying

to renew their work permits will need

to prove they meet the exemption

criteria.

CHINABeijing Issues

Three-Year Work Permits

At the end of December, the Beijing

authorities announced that, in certain

circumstances, alien employment permits

may be issued with validity of up to three

years, rather than the standard twelve

months.

Who Qualifies?

Foreign national employees of ForeignInvestment Companies, including China-

Foreign Joint Ventures and Cooperation

Projects and Wholly Foreign-Owned

Enterprises (WFOE), and Representative

Offices, may be granted an initial or extension

alien employment permit valid for up to three

years, provided that certain supporting

documents (see below) are valid for the

requested period.

Further DetailsThe supporting documents which require

sufficient validity include the employment

contract, the applicants passport and the

employers business licence (or Industrial andCommercial Registration Certificate).

Note that residence permits in Beijing will

continue to be issued for no longer than

twelve months, and would therefore still need

to be renewed annually for an assignee

holding a multiple-year alien employment

permit.

Action Items For qualifying alien employment

permit initial or extension

applications for assignments of longer

than twelve months in Beijing, ensure

that the relevant supporting

documents have sufficient validity.

NETHERLANDSMore

Nationalities Exempt fromTuberculosis Test

Effective immediately, the Netherlands

Immigration and Naturalisation Service (IND)

has publisheda new, expanded list of

nationalities which are exempt from

undergoing a tuberculosis (TB) test when

applying for a residence permit.
https://ind.nl/EN/Documents/7644.pdfhttps://ind.nl/EN/Documents/7644.pdf


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However, in practice the IND is still requesting

TB tests according to the previous rules.

What has Changed?Previously, any nationality exempt from

obtaining an entry visa (MVV) was also

exempt from undergoing a tuberculosis test.

The new list includes an extra 26 nationalities

who do require an entry visa (MVV) but are

henceforth exempt from TB testing.

In addition, South Koreans are no longer

exempt from TB testing, even though they are

still MVV exempt.

Action Items Ensure that any assignee of a

nationality which doesnt appear on

the exemptions list does undergo TB

testing within three months of

obtaining a residence permit in the

Netherlands.

COLOMBIANew Visa

Category for Mercosur

Nationals and Their

Dependents, and New

Degree Validation

Requirements

The Ministry of Foreign Affairs in Colombia

has recategorised the Mercosur visa, which

now also allows the family members of

Mercosur nationals to accompany them with

dependent status.

In addition, the Ministry of Education has

added new requirements for degree

validation applications.

TP-15 Visa

The Mercosur visa is now categorised as TP-15

and henceforth also allows family members to

accompany the Mercosur national asdependents, with permission to reside or

study, but not to work.

Previously, non-Mercosur family members of

Mercosur visa holders could not obtain

dependent status and would therefore have

to apply for visas in their own right.

The TP-15 is a temporary residence visa with a

validity of two years and with work and/or

study permission. The visa can be obtained

post-arrival or in Colombian consulates

abroad. It is not tied to a particular employer,

and the holder may be employed locally, on

short-term transfer from an employer abroad

or self-employed.

Who Benefits?

Nationals of Argentina, Brazil,

Uruguay, Paraguay, Chile, Peru,Ecuador and Bolivia may apply for a

TP-15 visa either on arrival, or at the

Colombian consulate in their home

country.

The TP-15 is not currently available to

nationals of Venezuela as, although a

Mercosur associate country, it does

not have any reciprocal immigration

process in place for Colombian

nationals.

Family members of any nationality,

who are economically dependent on

the principal applicant, can now

obtain dependent status under this

new category: This applies to spouses,

unmarried partners, children of 24

years or under and parents.


10/13



What is Mercosur?

Mercosur is a full customs union and a trading

bloc which comprises Argentina, Brazil,

Paraguay, Uruguay and Venezuela. Bolivia,Chile, Colombia, Ecuador and Peru are

associate members, and Guyana and

Suriname have signed a framework

agreement with Mercosur.

Degree Validation

Effective 25 December 2014 the Ministry of

Education added new requirements for all

degree validation applications.

All bachelors degree validation

applications must now include the

bachelors degree diploma and

transcript, duly apostilled or legalized,

and the universitys curriculum for the

specific program for which the

application is being submitted.

More specific requirements were

added to the procedure for validating

degrees in medicine, law, accounting

and education.

The qualifications of engineers and other

technical professions, however, are still

validated by their respective professional

organisations in Colombia.

Action Items

Consider the TP-15 visa for Mercosur

nationals (apart from Venezuelans)

who wish to work in Colombia

accompanied by non-Mercosur

national family members.

Ensure that all bachelor degree

validation applications at the Ministry

of Education meet the new

requirements, and allow additional

lead time to have the degree diploma

and transcript duly apostilled or

legalized.

NETHERLANDSCourt

Rules No Work Permit

Required for JapaneseNationals

The Dutch High Administrative Court in the

Netherlands (Raad van State) has ruled inan

appeal judgement on 24 December 2014 that

Japanese nationals are allowed to work in the

Netherlands without the need to secure

Dutch work authorisation.

What is the Impact of the Ruling?

Although the Dutch labour authorities have

not yet officially responded to the Judgement,

(they are awaiting the official response from

the Ministry of Social Affairs and Employment,

which lost the case) it is likely to have major

implications for Japanese nationals on the

Dutch labour market and for employers who

seek to hire Japanese nationals on a

temporary or permanent basis.

In short, this would entail that several Dutch

work and residence permit conditions (e.g.

intra company transfer or highly skilled

migrant conditions) will no longer be

applicable and a mere residence permit as

an employee would be sufficient for a

Japanese national to legally work in the

Netherlands.

Background

The judgement is based on the Treaty of

Commerce and Navigation between

Netherlands and Japan of 1913, which is

similar to the Treaty on Friendship,

Establishment and Commerce between

Netherlands and Switzerland of 1875,

whereby Swiss nationals are allowed to work

in the Netherlands without the need for a

Dutch work permit.
http://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=82080http://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=82080http://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=82080http://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=82080


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The Court ruled that the same principles

should be applied regarding the Japanese

treaty, and that Japanese nationals should no

longer be subject to Dutch work authorization

when taking up employment in the

Netherlands.

Action Items

If you have Japanese national

assignees going to the Netherlands,

please talk to your Dutch immigration

adviser about the possibility that they

will not require a work permit.

ROMANIANew Minimum

Salary for Work Permits

Effective 1 January 2015, the Romanian

government has implemented new minimum

salary requirements for foreign nationals.

New Minimum Salary

The new minimum salary required for foreign

nationals with a standard work permit is 2415

RON/month (approximately 540 EUR/month

currently), which is equal to the national

median gross salary as set out in Law

no.187/2014. Highly skilled workers with a

Blue Card are required to be paid four times

this amount (approximately 2160 EUR per

month currently).

Action Items

Ensure that foreign nationals

employment contracts state that they

are paid at least the minimum salary

according to their work permit type.

INDIAPerson of Indian

Origin (PIO) Scheme

Merged with OverseasCitizens of India (OCI)

Scheme

The government of India has merged the

Person of Indian Origin (PIO) and the Overseas

Citizens of India (OCI) schemes.

Anordinance of 6 January 2015, amending

the Indian Citizenship Act, unified the twoschemes and, on 9 January 2015, the

immediate withdrawal of the PIO scheme was

announced,and all existing PIO card holders

granted OCI status, with lifelong multiple-

entry visas and exemption from police

registration procedures.

What Has Changed?

Effective 9 January 2015, all existing PIO card

holders are now deemed to be OCI card

holders. Other rules and procedures for

existing PIO card holders are yet to be

finalised.

Other changes announced by the Ministry of

Home Affairs are as follows:

The foreign national children of two

Indian citizens will now be eligible to

apply for OCI. Previously, onlychildren with at least one OCI parent

qualified for the OCI card;

The great-grandchildren of individuals

eligible for OCI will now also be

eligible to apply for OCI. Only children

and grandchildren of eligible OCI-

eligible foreign nationals were

previously eligible;

Foreign nationals married to OCI card

holders or Indian citizens, whose
https://www.hcilondon.in/pdf/The_Citizenship_Amentment_Ordinance_2015.pdfhttps://www.hcilondon.in/pdf/Gazette_Notification_dated_9_jan_2015.pdfhttps://www.hcilondon.in/pdf/Gazette_Notification_dated_9_jan_2015.pdfhttps://www.hcilondon.in/pdf/The_Citizenship_Amentment_Ordinance_2015.pdf


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marriage has been registered and has

existed for two years or more, will

now be eligible to apply for OCI

status. Previously, those married for

only one year were eligible;

Nationals of Afghanistan, Bhutan,

China, Iran, Nepal and Sri Lanka,

previously ineligible for the PIO card,

remain eligible for the OCI card.

Nationals of Pakistan and Bangladesh

remain ineligible.

Background

The Person of Indian Origin (PIO) CardThe PIO was first issued in 2002 to foreign

nationals who could prove their Indian origin

up to three generations before, and the

spouses of Indian citizens and PIO card

holders, as long as they had never been

citizens of Afghanistan, Bangladesh, Bhutan,

China, Iran, Nepal, Pakistan or Sri Lanka.

The PIO was valid for 15 years until 30

September 2014, when its validity wasbrought into line with that of the OCI (see

below).

The Overseas Citizens of India (OCI) Card

The OCI was first issued in August 2005, and

may henceforth be held by former Indian

citizens, those who can prove their Indian

origin up to three generations before, and the

spouses of Indian citizens and OCIs (for at

least two continuous years), and their minorchildren.

The OCI is valid for the holders lifetime and is

accompanied by a lifelong multiple entry visa

to India, with no requirement to report to the

FRRO, regardless of length of stay.

Action Items

PIO applications that are already in

progress should be resubmitted asOCI applications.

AZERBAIJANWork

Permits Not Required for

Trips of Up To 90 Days

Effective November 2014, foreign nationals

sent to work in Azerbaijan for less than 90

cumulative days per year in certain industries

do not need to obtain a work permit.

Who Qualifies?

Assignees in any of the following industries,

who have been sent to fulfill contractual

obligations to an Azeri client company or

assist with a short technical project, may

qualify for the work permit exemption:

Mining;

Manufacturing;

Power/gas/steam supply;

Information and communication;

Finance and insurance;

Education;

Transportation;

Water supply, sewage treatment.

It is advisable that there is an existing service

agreement or purchase order in place

between the sending company and the host

company in Azerbaijan. Assignees must

remain on home payroll and contract.

Action Items

For short-term assignments in the

above industries, check with your

adviser whether the assignee qualifies

for this new work permit exemption.


13/13


ISRAELRenewal of 30 Day

Short Employment

Authorisation (SEA)Programme

The work permit unit and the Ministry of

Interior (MOI) in Israel have announced the

renewal of the 30 day Short Employment

Authorisation (SEA) programme, effective 26

January 2015.

This category was a pilot programme in 2014

and was briefly suspended from 23 December

last year due to the lack of formal regulations.

However, temporary trial period regulations

for the programme valid to mid-2015 have

now been published and applications may

once again be filed.

What is the SEA?

The programme enables urgent travel and

short, planned assignments to Israel for up to30 days total in a year through an expedited

application process.

Instead of the standard B1 work visa process

of a work permit application, followed by a

work visa application prior to entry, successful

applicants for an SEA permit will obtain an

expedited work permit approval allowing

them to enter Israel and work immediately,

with no further applications. Note that aseparate application must be submitted prior

to each entry.

The SEA permit applies only to visa waiver

nationals. Individuals who are required to

obtain visitor visas at the Israeli consulate

prior to entry (including Indian, Chinese and

Turkish nationals), cannot apply for work

authorisation under the SEA programme.

Application Details

The application for the SEA work permit must

be supported by personal and corporate

documentation, including travel information,a company affidavit and power of attorney,

authenticated in certain circumstances, as

required by the work permit unit and the

MOI. Government processing fees vary,

according to the length of the assignment.

The processing time for SEA applications is a

few working days from submission,

approximately 8 weeks faster than a standard

consular B1 visa. Once in Israel SEA holderscan start work immediately, but within two

working days of entry they should apply for a

B1 work visa at the MOI, which should be

issued within two working days. Multiple

entry permits are an available option within

the permitted period.

Action Items

Consider the SEA work authorisation

route for urgent, limited work trips to

Israel of up to 30 days in a year.

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DISCLAIMER: The information contained in this immigration newsletter has been

abridged from laws, court decisions, and administrative rulings and should not be

construed or relied upon as legal advice. If you have specific questions regarding theapplicability of this information, please contact Peregrine 2014 Peregrine

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