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peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32 Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415 This month we have added 3 new immigration processes to Immiguru, to Morocco and the United States. Immiguru now contains more than 1100 immigration processes to 90+ destination countries, which our 190+ partners help us to keep uptodate to reflect changes to rules and procedures around the world. We have also launched a major new feature within Immigo, our global immigration case management cloud software Questionnaires. The Questionnaires module in Immigo allows your clients to send you data about immigration cases via an online form. Table of Contents EUROPEAN UNION – CROATIANS FREE TO WORK IN EIGHT MORE EU MEMBER STATES 2 EUROPEAN UNION – SCHENGEN VISA WAIVER AGREEMENTS SIGNED WITH EIGHT MORE COUNTRIES 3 THAILAND – INCOME TAX RECEIPT NOW REQUIRED FOR LONGTERM VISA EXTENSION 4 INDONESIA – VISAFREE ENTRY EXTENDED TO 30 MORE NATIONALITIES 4 CHINA – CHANGES TO IMMIGRATION RULES AND PROCEDURES IN SHANGHAI; AND RELAXED ENTRY REQUIREMENTS FOR TAIWAN NATIONALS 5 KAZAKHSTAN – VISA WAIVER EXTENDED TO 2017 AND FOR TEN MORE NATIONALITIES 7 RUSSIA – CHANGE OF PERSONAL DETAILS MUST BE REPORTED TO AVOID FINE 8 MALAYSIA – NEW EMPLOYMENT PASS CATEGORY ANNOUNCED 8 QATAR – NEW RESIDENCE CARDS INTRODUCED 9 PORTUGAL – GOLDEN VISA PROCESS TO BE RESUMED 10 SINGAPORE – HIGHER SALARY CRITERIA FOR WORK PASS HOLDERS SPONSORING DEPENDENTS 11 INDONESIA – NEW REGULATION TIGHTENS IMMIGRATION RULES 11 MORE FROM PEREGRINE 13 PEREGRINE NEWS July 2015

Peregrine News July 2015

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  • peregr ine : GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32 Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

    This month we have added 3 new immigration processes to Immiguru, to Morocco and the United States.

    Immiguru now contains more than 1100 immigration processes to 90+ destination countries, which our 190+ partners help us to keep up-to-date to reflect changes to rules and procedures around the world.

    We have also launched a major new feature within Immigo, our global immigration case management cloud software - Questionnaires. The Questionnaires module in Immigo allows your clients to send you data about immigration cases via an online form.

    Table of Contents

    EUROPEAN UNION CROATIANS FREE TO WORK IN EIGHT MORE EU MEMBER STATES 2 EUROPEAN UNION SCHENGEN VISA WAIVER AGREEMENTS SIGNED WITH EIGHT MORE COUNTRIES 3 THAILAND INCOME TAX RECEIPT NOW REQUIRED FOR LONG-TERM VISA EXTENSION 4 INDONESIA VISA-FREE ENTRY EXTENDED TO 30 MORE NATIONALITIES 4 CHINA CHANGES TO IMMIGRATION RULES AND PROCEDURES IN SHANGHAI; AND RELAXED ENTRY REQUIREMENTS FOR TAIWAN NATIONALS 5 KAZAKHSTAN VISA WAIVER EXTENDED TO 2017 AND FOR TEN MORE NATIONALITIES 7 RUSSIA CHANGE OF PERSONAL DETAILS MUST BE REPORTED TO AVOID FINE 8 MALAYSIA NEW EMPLOYMENT PASS CATEGORY ANNOUNCED 8 QATAR NEW RESIDENCE CARDS INTRODUCED 9 PORTUGAL GOLDEN VISA PROCESS TO BE RESUMED 10 SINGAPORE HIGHER SALARY CRITERIA FOR WORK PASS HOLDERS SPONSORING DEPENDENTS 11 INDONESIA NEW REGULATION TIGHTENS IMMIGRATION RULES 11 MORE FROM PEREGRINE 13

    PEREGRINE NEWS

    July 2015

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    EUROPEAN UNION Croatians Free to Work in Eight More EU Member States

    As of 1 July 2015, eight more European Union (EU) Member States have allowed Croatian nationals full access to their labour markets, while five Member States have decided to extend their restrictions for another three years.

    What has Changed? On 30 June 2015 the first phase of the transitional arrangements for Croatian workers in the EU came to an end.

    Belgium, Cyprus, France, Germany, Greece, Italy, Luxembourg and Spain have decided to allow Croatian citizens full access to their labour markets without requiring work permits as of 1 July 2015. Croatians will now follow standard EU registration processes in these countries.

    Austria, Malta, the Netherlands, Slovenia and the United Kingdom have decided to maintain their restrictions for another three years.

    The remaining Member States had already granted Croatian workers all freedom of movement rights on Croatias accession to the EU on 1 July 2013 and so there is no change.

    Background According to the 2011 Act of Accession, existing EU Member States can temporarily restrict the access of workers from new EU members to their labour markets. The overall transitional period lasts seven years and is divided into three phases for Croatia:

    For the first two years, access to labour markets for Croatian nationals is regulated by the national law of each of the other 27 Member States.

    In this period 13 existing EU states decided to apply restrictions and required a work permit from Croatian workers (Austria, Belgium, Cyprus, France, Germany, Greece, Italy, Luxembourg, Malta, Netherlands, Spain, Slovenia and United Kingdom). The other countries decided to fully apply EU free movement rules to Croatian workers from the start of Croatias accession in July 2013.

    During the current, second phase, which will last three years from 1 July 2015 to 30 June 2018, Member States may maintain restrictions if they notified the Commission before 30 June 2015. This is currently the case for Austria, Malta, the Netherlands, Slovenia and the United Kingdom

    In the final two-year phase until the end of the seven-year period, from 1 July 2018 to 30 June 2020, Member States maintaining restrictions in the second phase can extend them further, after notifying the Commission, if there is a threat of serious disruption to their labour market.

    During the seven years of transition, Member States can lift or re-introduce restrictions at any time. The transitional arrangements end irrevocably on 30 June 2020.

    Action Items

    When planning global assignments, take into account the lifting of labour market restrictions for Croatians working in Belgium, Cyprus, France,

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    Germany, Greece, Italy, Luxembourg and Spain;

    Note that this change is very recent and in some countries immigration officials themselves may not yet be aware of the current regulations. s.

    EUROPEAN UNION Schengen Visa Waiver Agreements Signed with Eight More Countries

    The European Union (EU) has recently signed short-stay visa waiver agreements with St Lucia, Dominica, Grenada, St Vincent and the Grenadines, Vanuatu, Samoa, Trinidad and Tobago and Timor Leste.

    Agreements On 26 May 2015 the EU signed a short-stay visa waiver agreement with Timor Leste which will be provisionally applied until it is ratified by the European Parliament. On 28 May 2015 the EU signed short-stay visa waiver agreements with St Lucia, Dominica, Grenada, St Vincent and the Grenadines, Vanuatu, Samoa and Trinidad and Tobago. These agreements will be applied on a provisional basis until ratified by the European Parliament and the National Parliaments of these countries.

    The reciprocal Schengen visa waiver is good for short visits for a period of stay of 90 days in any 180-day period, including tourism, business and journalism, sports, artistic performances and intra-corporate training. It does not apply to persons travelling for the purpose of carrying out a paid activity.

    Exceptions The visa waiver agreements do not apply to the United Kingdom and Ireland which have opted out of the Schengen area. Nor do they automatically apply to Switzerland, Iceland, Norway and Liechtenstein (non-EU participants in the Schengen Area) which are expected to sign separate equivalent agreements in each case.

    Background The Schengen Area consists of 22 European Union Member States and four non-members: Iceland, Liechtenstein, Norway and Switzerland. Bulgaria, Croatia, Cyprus and Romania are not yet part of the Schengen Area, but nonetheless have a visa policy that is based on the Schengen area.

    The visa policy of the Schengen Area determines which nationalities require visas to enter the zone, and which are visa exempt. Currently 51 nationalities qualify for the visa waiver, and the EU intends to sign reciprocal visa waiver agreements with Peru and Colombia and eight more countries all Pacific islands - in 2015. Russia, Ukraine, Kosovo and Turkey are also in the process of negotiating visa-free agreements with the EU. The United Arab Emirates signed a visa waiver agreement with the EU in May 2015.

    Action Items

    Note that nationals of St Lucia, Dominica, Grenada, St Vincent and the Grenadines, Vanuatu, Samoa, Trinidad and Tobago and Timor Leste can travel to the EU countries in the Schengen area for tourism or business (not paid activities), for up to 90 days in any 180-day period, without a visa. MALAYSIA Authorities Resume Issuing i-Kad ID Document

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    THAILAND Income Tax Receipt Now Required for Long-Term Visa Extension

    Effective 6 July 2015, the Thai Immigration Bureau at the One Stop Service Centre (OSSC) requires first-time long-term visa extension applicants, employed by companies not registered with the Board of Investment (BOI), to submit proof that monthly personal income tax has been paid.

    This means that the applicant can no longer apply for the work permit and visa extension on the same day.

    New Procedure

    From 6 July 2015, a new foreign national employee at a non-BOI company which qualifies to use the OSSC in Bangkok must apply first for a work permit, which should still be issued on the same day if the application and supporting documents are in order.

    After the first payment of monthly salary withholding tax has been paid, the employee can then apply at the OSSC for their first long-term visa extension, submitting the official certified copy of the tax form (PND1 if on local payroll or PND93 if on home payroll) and receipt for the latest month in support of the application. Monthly salary withholding tax (personal income tax in Thailand) is paid after the 7th day of the following month.

    In addition, the Immigration Bureau now requires the submission of evidence of the payment of monthly salary withholding tax for all foreign

    national employees with work permits, for all long-term visa extension applications.

    Finally, the Immigration Bureau now requires the Director of the company to sign the form confirming the number of foreign national employees in the company. The designated form can be collected at the OSSC and must be submitted every time an employee submits a visa renewal at the OSSC.

    Background The Immigration Bureau at the OSSC discovered that some companies had made fraudulent filings in the past to avoid withholding tax payments for foreign employees. The new regulations are being put in place to counter this problem.

    Action Items

    Note the new long-term visa extension application procedure and ensure the correct documents are submitted in support;

    To avoid delays when extending visas, ensure all foreign national employees are compliant with all Thai tax and social security requirements.

    INDONESIA Visa-Free Entry Extended to 30 More Nationalities

    Effective 6 June 2015, nationals of 30 more countries can visit Indonesia visa-free for up to 30 days. The visit visa regulation is an attempt to boost the Indonesian tourist industry.

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    Who Qualifies? Presidential decree 69/2015 grants visa-free entry to nationals of the following 30 countries for short stays of up to 30 days, for tourist purposes only:

    China, Russia, South Korea, Japan, USA, Canada, New Zealand, Mexico, United Kingdom, Germany, France, Netherlands, Italy, Spain, Switzerland, Belgium, Sweden, Austria, Denmark, Norway, Finland, Poland, Hungary, Czech Republic, Qatar, UAE, Kuwait, Bahrain, Oman, South Africa.

    Qualifying ports of entry for these visa-free nationals are:

    Soekarno-Hatta International Airport (Tangerang);

    Ngurah Rai International Airport (Bali);

    Kualanamu International Airport (Medan);

    Djuanda International Airport (Surabaya);

    Hang Nadim International Airport (Batam);

    Sri Bintang Seaport; Sekupang Seaport; Batam Center Seaport; and Tanjung Uban Seaport.

    Nationals of the following group of 15 countries were already allowed to enter Indonesia visa-free for short stays of up to 30 days for tourist, business, governmental, educational, social and cultural, family, journalist, or transit purposes, and may enter through any Indonesian immigration checkpoint:

    Thailand, Malaysia, Singapore, Brunei, Philippines, Chili, Morocco, Peru, Vietnam, Ecuador, Cambodia, Laos, Myanmar, Hong Kong, Macao.

    Other Requirements A qualifying foreign national entering Indonesia visa-free must carry an onward or return travel ticket, and a passport valid for a minimum of six months from the date of entry.

    Visa-free short visits cannot be extended and cannot be converted to another type of visa. A visa on arrival (available for certain nationalities) may be extended, depending on the circumstances, and is obtainable at more than the nine ports of entry listed above.

    Action Items

    Note the extended list of visa-free nationalities, and that a visa is still required for business trips for all the 30 nationalities recently added to the list.

    CHINA Changes to Immigration Rules and Procedures in Shanghai; and Relaxed Entry Requirements for Taiwan Nationals

    On 1 July 2015 the Ministry of Public Security in Shanghai began implementing various changes to immigration procedures and rules, aimed at attracting more highly skilled foreign nationals to the city.

    Also, the entry requirements for Taiwanese nationals travelling to mainland China have been relaxed.

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    Shanghai Changes Visa On Arrival / Post Arrival

    Qualifying foreign nationals who have an alien employment licence, may now apply for a Z (Work) Visa on arrival in Shanghai at the port of entry instead of at a consulate abroad, or convert to a Z Visa post-arrival instead of having to leave China first. However, the procedures for on-arrival and post-arrival Z Visa applications have not yet been established.

    Highly skilled foreign nationals (with either a talent certificate awarded by the national government or the Shanghai authorities, or an endorsement from a high-tech business on the Shanghai Technological Innovation Occupation list) who have an alien employment licence, may now apply for an R (Talent) Visa on arrival at the port of entry instead of at a consulate abroad, or convert to an R Visa post-arrival instead of having to leave China.

    Foreign investors with a verified business plan and evidence of funding can now obtain an S (Private Affairs) Visa on arrival at the port of entry.

    Relaxed Criteria for Residence and Permanent Residence Permits

    Any foreign national who has applied for and obtained two consecutive work-type residence permits can henceforth apply for a new five-year work-type residence permit when they apply for a residence permit the third time.

    Foreign nationals who have worked in Shanghai in certain industries for four consecutive years and resided in China for at least six cumulative months every year during that period, can apply for the Green Card permanent residence permit if they are recommended by their employers.Previously, applicants had to have resided in China for three cumulative years within the four-year period. Applicants must receive an annual salary and pay income tax which at least match the average for the previous year in Shanghai. The current thresholds are 600,000RMB annual salary and 120,000RMB paid income tax.

    Foreign nationals holding an R visa can apply for a five-year talent-type residence permit if the assignment in Shanghai is for five years.

    A holder of a talent-type residence permit for at least three years can apply for the permanent residence permit (Green Card).

    Foreign students who have graduated from Chinese universities can now apply for a two-year Residence Permit which allows for starting an innovative business. If hired locally, they must apply for the work-type Residence Permit.

    Holders of permanent residence permits (Green Cards) and talent-type residence permits in Shanghai can now apply for residence permits for domestic staff.

    Visa-Free Entry Extended

    Visa-exempt nationalities can now stay in Shanghai without a visa for up to 144 hours (previously 72 hours),

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    and this now includes travellers arriving by sea.

    Relaxed Requirements for Taiwanese Nationals Also effective 1 July 2015, Taiwanese nationals are no longer required to obtain Domestic/Residence Endorsement to enter Mainland China, and can now do so with only their TaiBaoZheng (entry permit for Taiwanese nationals). The TaiBaoZheng will henceforth be issued in the form of an ID card instead of a booklet.

    Action Items

    Highly-skilled foreign nationals and their employers, and foreign investors and entrepreneurs should take into account the new visa and residence permit rules in Shanghai when planning their projects in Shanghai.

    Note that on-arrival and post-arrival visa application procedures have not yet been fully established in Shanghai, and it is therefore advisable to obtain a Z visa or an R visa at the relevant Chinese consulate before arrival.

    Taiwanese nationals can travel to mainland China with fewer required documents.

    KAZAKHSTAN Visa Waiver Extended to 2017 and for Ten More Nationalities

    Nationals of ten more countries will be able to enter, leave and transit through Kazakhstan without a visa, and stay for up to 15 days, when travelling for business or tourism.

    The visa waiver scheme, originally introduced in 2014 for one year as a pilot project, has been extended until December 2017.

    Who Does This Apply To? The visa waiver now applies to nationals of twenty countries. It has been extended to nationals of Belgium, Australia, Hungary, Spain, Monaco, Norway, Singapore, Finland, Switzerland and Sweden

    Originally, the visa waiver applied to nationals of only ten countries: the United States, France, Germany, Italy, the Netherlands, the United Kingdom, the United Arab Emirates, Japan, Malaysia and South Korea. Note that nationals of these twenty countries travelling to Kazakhstan for work purposes will still require work visas.

    Action Items

    Note the extended visa waiver in effect until December 2017, which applies to short business and tourist trips by nationals of twenty countries.

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    RUSSIA Change of Personal Details Must Be Reported to Avoid Fine

    Effective 29 June 2015, work permit and work patent holders have seven working days to inform the Russian immigration authorities of any changes to their name or passport details, or face a fine.

    Notification of Changes If a foreign nationals name or passport details change they now have seven working days to apply to the issuing immigration authorities in Russia for correction of their work permit or work patent.

    Previously the law did not specify an exact timeframe for making such corrections.

    Who is Affected? The new requirement is applicable to holders of standard work permits, Highly Qualified Specialist work permits and work patents.

    Penalties Breach of the newly established seven-day notification deadline is considered to be an administrative violation which leads to a fine for the foreign national of 4000RUB to 5000RUB (approximately 75-95USD).

    Action Items

    To avoid a fine, notify the issuing immigration authorities in Russia of any changes to names or passport details of foreign national work permit or work patent holders.

    MALAYSIA New Employment Pass Category Announced

    The Expatriate Services Division (ESD) in Malaysia has announced the implementation of a new category of employment pass (EP), to take effect from 15 July 2015.

    The new category, to be known as EPIII, is only applicable for EP applications processed by ESD or the new MYXpats Centre, and allows work on a monthly salary of less than the standard minimum of RM5000.

    EPIII Criteria

    The basic monthly salary is between RM2500 and RM4999;

    The duration of the assignment must not exceed 12 months;

    The EPIII category is permitted for industries which fall within the National Key Economic Areas (NKEA): Agriculture Business services Communication content and

    infrastructure Electronics and electrical Education Financial services Greater Kuala Lumpur/Klang

    Valley Healthcare Oil, gas and energy Palm oil Tourism Wholesale and retail;

    Before submitting the application, companies are required to obtain prior approval from the Ministry of Home Affairs (MOHA) for exemption

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    from the minimum basic salary requirement of RM5000 per month;

    The validity of the approval for exemption is based on the current year, and approval will be reviewed on a year to year basis;

    Besides the approval from MOHA, companies are required to obtain the necessary approval/support letter from the regulatory or monitoring agencies for the respective industry sectors to support the EP application;

    Visa required nationals must enter the country on a reference visa, rather than convert post arrival to a journey-performed (JP) visa;

    EPIII applicants cannot obtain dependent immigration status for their family members;

    Renewal is subject to review, up to a maximum of two times.

    How to Apply Applicants are not required to indicate their preferred category on the employment pass application form. The authorities will issue the EP according to the relevant category at the time of endorsement of the pass.

    Action Items

    Applicants intending to work in Malaysia for longer than three years (with two renewals), convert to a Journey-Performed Visa post arrival, or take their family members as dependents, must be paid a basic salary of at least RM5000 per month.

    Applicants with a basic salary of less than the minimum RM5000 per month must obtain approval from the Ministry of Home Affairs and can only be granted an EPIII employment pass.

    QATAR New Residence Cards Introduced

    Effective 15 June 2015, the Qatar Ministry of the Interior (MOI) began issuing new residence / ID cards for new and renewing foreign national residents, replacing existing ID cards and passport stickers.

    For the first time, children under the age of 16 will require their own ID card. The new cards will include the holders home address and must be presented with the holders passport when entering and leaving Qatar.

    Who is Affected?

    All adult residents of Qatar are required to have ID cards and this has now been extended to children under the age of 16.

    Residents with valid Residence Permits (RP) and ID cards do not need to apply for a new-style residence card until their current RPs and ID cards are about to expire.

    New residents will be issued the new type of card.

    How to Apply Initial and renewal residence permit applications for foreign nationals sponsored by their employers must be made electronically, through the Metrash2 app, the MOI website or the e-government website. First-time applicants will also have to show their passport and give fingerprints.

    Cards will be sent to the applicants home through the mail, and will be valid for one,

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    two, three or five years depending on the residence category.

    Applicants can choose between a standard card and a smart card featuring biometric data, which can be used for fast-track immigration at Hamad International Airport.

    Impact It is hoped that the new card system will ease Residence Permit application procedures for foreign nationals, reduce the number of visitors to MOI centres and save the passport pages of applicants.

    Action Items

    Foreign national residents in Qatar, including children, who have been issued the new residence cards must be sure to present them with their passports at the airport on entering or leaving Qatar.

    PORTUGAL Golden Visa Process to be Resumed

    Portugals government on 16 July approved new administrative rules and procedures that will allow authorities to resume the granting of Golden Visas to investors.

    The Portuguese Immigration Service (SEF) suspended issuance of Golden Visas (investor permits) from 1 July 2015.

    The government has stated that once the countrys president has rubber-stamped the new procedures - expected in coming days - the handling of golden visa applications will return to normal.

    Why was the Golden Visa Suspended? The Portuguese authorities' decision was based on a legal void created by legislation, introduced 1 July, which did not address certain aspects that were set out in the old law. The new law was introduced following a corruption investigation at the immigration department in November 2014, and allows for several additional investment activities which may lead to a Golden Visa.

    What is the Golden Visa? Portugals Golden Visa programme, launched in 2012, offers investors permanent residence in return for certain investment activitiies. Holders of the Golden Visa may apply for citizenship after a period of six years provided they have been in Portugal for at least seven days a year while holding the visa.

    The Golden Visa itself allows visa free travel throughout the Schengen area. For wealthy non-EU nationals wishing to acquire EU citizenship, the Golden Visa is an attractive option due to the relatively low investment bar and the relatively light requirement to actually be physically present in Portugal prior to the citizenship application.

    Action Items

    Plan for significant delays in the processing of Golden Visa applications until the new regulations are implemented and any backlog of applications is cleared.

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    SINGAPORE Higher Salary Criteria for Work Pass Holders Sponsoring Dependents

    With effect from 1 September 2015, the Ministry of Manpower in Singapore has increased the qualifying salary criteria for work pass holders to sponsor dependents.

    What is the Change?

    From 1 September, S Pass and Employment Pass (EP) holders need to earn a fixed monthly salary of at least SGD$5000 to sponsor dependent family members. Currently this threshold is SGD$4000 per month.

    On or above this threshold, S Pass and EP holders can sponsor their spouse or child of 20 years or younger on a Dependant Pass (DP), or sponsor their unmarried partner, step child of 20 years or younger, or dependent child of 21 years or older on a Long Term Visit Pass (LTVP)

    Also from 1 September, S Pass and EP holders need to earn a fixed monthly salary of at least SGD$10,000 to sponsor their parents on LTVPs. Currently, this threshold is SGD$8000 per month.

    Who is Affected?

    The changes will only apply to new DP and LTVP applications sponsored by EP or S Pass holders, made on or after 1 September 2015.

    DPs and LTVPs issued or approved before 1 September 2015 will remain

    valid as long as the main work pass holder has a valid EP/S Pass.

    DP and LTVP holders renewing their passes on or after 1 September 2015 will not be affected, so long as the sponsor holds a valid work pass with the same employer.

    However, if the main work pass holder changes their employer after 1 September, they will have to apply for a new work pass, and new DPs or LTVPs under the new salary criteria.

    These changes will not apply to dependents of EntrePass and Personalised Employment Pass holders.

    Action Items

    Employers in Singapore planning to sponsor foreign nationals for work passes on or after 1 September 2015 should take into account the upcoming changes to qualifying salary thresholds for dependent privileges.

    INDONESIA New Regulation Tightens Immigration Rules

    On 29 June 2015, the Minister of Manpower issued regulation number 16 of 2015 on the Procedures to Employ Expatriates, which clarifies and extends several key rules and is likely to make it tougher for employers in Indonesia to hire foreign nationals.

    The new regulation is expected to be implemented in August 2015, and details may change before then.

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    Key Changes Ratio of Foreign to Local Employees The new regulation clarifies that a ratio of one foreigner to ten local employees is required, with an exemption for Director and Commissioner positions. Previously, a ratio of 1:3 or 1:5 was the (unofficial) general rule.

    Additional Activities Require Work Permit The new regulation expands the requirement to obtain an RPTKA (Rencana Penggunaan Tenaga Kerja Asing - expatriate placement plan) and IMTA (Izin Mempekerjakan Tenaga Kerja Asing - work permit) for, amongst others, the following activities:

    providing guidance, counseling, and training in the application of industrial and technological innovation to improve the quality and design of industrial products;

    the production of a commercial film; providing lectures; attending a meetings held with

    headquarters or representatives in Indonesia; and

    conducting audits, production quality control, or inspection at the company's branch in Indonesia.

    The new regulation creates a new temporary RPTKA/IMTA for one or six months to cover these activities, as well as a new urgent/emergency RPTKA/IMTA to be issued in one day.

    Under the old regulation, the above-mentioned activities did not require an RPTKA and IMTA. Foreign nationals were able to perform these activities in Indonesia with visa-free entry (for certain nationalities), a Visa on Arrival or a business visa.

    Other Changes

    Under the new regulation, the work permit (IMTA) must be obtained before the applicant applies for their VBS/VITAS/VTT (Temporary Stay Permit Visa) at the appropriate Indonesian consulate abroad. The VITAS then which them to enter Indonesia and apply for a KITAS (Temporary Stay Permit Card). Currently, the IMTA can only be obtained after arrival in Indonesia and the IMTA application requires a copy of the VITAS.

    The Recommendation of Working Visa (TA-01) stage of the work authorisation process is being removed. This measure should speed up the process of obtaining a work permit, although implementation may cause initial delays.

    A work permit will now be required for foreign national directors and commissioners of Indonesian companies who are not resident in Indonesia. It is unclear whether they will also be required to obtain a KITAS (Temporary Stay Permit Card).

    An IMTA valid for two years may be issued for company directors and commissioners under the new regulations, once some administrative changes have taken effect.

    The new regulations may require some additional documents in support of initial and renewal RPTKA applications.

    Local insurance, tax and social security registration documents are now likely to be required for renewal RPTKA/IMTA applications.

    Once the IMTA is issued, the new regulations require a report to be

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    submitted to the local Manpower Office in the area where the employer is located.

    There is no mention in the new regulation of the much-discussed requirement for a foreign national employee to be able to communicate in the Indonesian language (Bahasa Indonesia) .

    Action Items

    Consult an immigration adviser for specific advice on the type of visa and/or work permit required for the activities to be undertaken in Indonesia.

    Stay tuned for confirmation of the actual measures implemented by the Ministry of Manpower, expected in August 2015.

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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 the applicability of this information, please contact Peregrine 2015 Peregrine Immigration Management Ltd.