peregrine news march 2015

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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 five new immigration processes to Immiguru, including one new destination country - Cameroon. We’ve also added a new feature to Immiguru – downloadable pricing grids for each process in the database. Use these to ask immigration suppliers for their prices and ensure you’re comparing apples to apples when picking a provider. We have also introduced advanced allowance tracking and reporting, tags and template cases to Immigo, our global immigration case management cloud software. Finally, we hosted a very successful webinar on short-term assignments to Latin America. Check out our blog at http://blog.peregrine.im/, where you can download the slides for this and previous webinars, and read all our news in more detail. Table of Contents BOLIVIA - MAJOR CHANGES TO IMMIGRATION PROCESSES 2 BELGIUM NEW MANDATORY FEE FOR RESIDENCE 2 UNITED STATES EMPLOYMENT AUTHORISATION EXTENDED TO H-4 SPOUSES OF CERTAIN H-1B VISA HOLDERS 3 CANADA CHANGES TO STRENGTHEN EMPLOYER ACCOUNTABILITY 4 UNITED KINGDOM CHANGES TO THE IMMIGRATION RULES FROM APRIL 2015 5 VENEZUELA AMERICANS REQUIRE ENTRY VISAS 7 COLOMBIA VISA-FREE ENTRY FOR SOME NATIONALS OF CHINA, INDIA, THAILAND AND VIETNAM 8 ISRAEL GOVERNMENT OFFICE CLOSURES AND INCREASED IMMIGRATION AUDITS 8 EGYPT POSSIBLE CHANGES TO TOURIST VISA ON ARRIVAL SYSTEM 9 NEW ZEALAND EXEMPTION FROM LABOUR MARKET CHECK IN CERTAIN CIRCUMSTANCES 9 CHILE NEW FLEXIBLE WORK VISA LAUNCHED 10 UNITED KINGDOM IMMIGRATION HEALTH SURCHARGE, NEW FEES AND ROLLOUT OF BIOMETRIC RESIDENCE PERMITS 11 THAILAND 90-DAY REPORT CAN BE FILED ONLINE 12 MORE FROM PEREGRINE 13 PEREGRINE NEWS March 2015

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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 five new immigration processes to Immiguru, including one new

    destination country - Cameroon.

    Weve also added a new feature to Immiguru downloadable pricing grids for each process

    in the database. Use these to ask immigration suppliers for their prices and ensure youre

    comparing apples to apples when picking a provider.

    We have also introduced advanced allowance tracking and reporting, tags and template

    cases to Immigo, our global immigration case management cloud software.

    Finally, we hosted a very successful webinar on short-term assignments to Latin America.

    Check out our blog at http://blog.peregrine.im/, where you can download the slides for this

    and previous webinars, and read all our news in more detail.

    Table of Contents

    BOLIVIA - MAJOR CHANGES TO IMMIGRATION PROCESSES 2

    BELGIUM NEW MANDATORY FEE FOR RESIDENCE 2

    UNITED STATES EMPLOYMENT AUTHORISATION EXTENDED TO H-4 SPOUSES OF CERTAIN H-1B VISA HOLDERS 3

    CANADA CHANGES TO STRENGTHEN EMPLOYER ACCOUNTABILITY 4

    UNITED KINGDOM CHANGES TO THE IMMIGRATION RULES FROM APRIL 2015 5

    VENEZUELA AMERICANS REQUIRE ENTRY VISAS 7

    COLOMBIA VISA-FREE ENTRY FOR SOME NATIONALS OF CHINA, INDIA, THAILAND AND VIETNAM 8

    ISRAEL GOVERNMENT OFFICE CLOSURES AND INCREASED IMMIGRATION AUDITS 8

    EGYPT POSSIBLE CHANGES TO TOURIST VISA ON ARRIVAL SYSTEM 9

    NEW ZEALAND EXEMPTION FROM LABOUR MARKET CHECK IN CERTAIN CIRCUMSTANCES 9

    CHILE NEW FLEXIBLE WORK VISA LAUNCHED 10

    UNITED KINGDOM IMMIGRATION HEALTH SURCHARGE, NEW FEES AND ROLLOUT OF BIOMETRIC RESIDENCE

    PERMITS 11

    THAILAND 90-DAY REPORT CAN BE FILED ONLINE 12

    MORE FROM PEREGRINE 13

    PEREGRINE NEWS

    March 2015

  • peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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

    BOLIVIA - Major Changes to Immigration Processes

    Effective January 2015, the Bolivian General

    Immigration Department (DIGEMIG) has

    implemented major changes to immigration

    and work authorisation procedures.

    There are now three standard immigration

    routes which allow for work in Bolivia: A

    short-term consular visa, a short-term post-

    arrival work authorisation and a post-arrival

    three-year temporary residence route.

    There are still separate routes for

    Argentinians and MERCOSUR nationals.

    Short-term Visa The short-term visa (visa de objeto

    determinado), valid for 30 days, can now only

    be obtained at a Bolivian consulate abroad. It

    was previously also available post arrival in

    Bolivia.

    If a short-term visa holder needs to extend

    their stay they can apply for the new short

    term authorisation (permanencia transitoria,

    see below), whereas before they could extend

    their visa.

    A letter of invitation legalised in Bolivia is now

    required in support of an application for this

    visa.

    Short-term Authorisation The new short-term authorisation

    (permanencia transitoria) replaces the old

    post-arrival short-term visa.

    Short-term authorisation can be obtained

    after entering Bolivia as a tourist, or on a

    short-term visa (visa objeto determinado). The

    short-term authorisation can also give also

    access to temporary residence in Bolivia.

    Temporary Residence Temporary residence, (permanencia temporal,

    previously visa de residencia temporal) can

    now also be obtained after entering Bolivia as

    a tourist or on a short-term authorisation, and

    not only for those who have entered on a

    short-term visa, as previously.

    If applying for temporary residence while on

    tourist status, it will be necessary to apply for

    change of status from tourist to resident.

    Implementation DIGEMIG has posted details of the new

    procedures and requirements, but has not as

    yet released any official legislation concerning

    these changes. The situation is likely to

    remain uncertain until the new requirements

    are fully implemented, and further major

    changes may be expected.

    Action Items

    Note that assignees may now apply to

    change status in Bolivia and so may

    travel as a tourist and then obtain

    short-term authorisation or

    temporary residence post arrival.

    Expect further developments as these

    changes are implemented.

    BELGIUM New Mandatory Fee for Residence

    The Belgian federal government has

    introduced a mandatory administrative fee,

    effective 2 March 2015, for residence

    authorisation applications.

    The fee, ranging from 60 to 215 , must be

    paid by bank transfer. Proof of payment must

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    be submitted as part of the residence

    application.

    Who is Affected? The fee must be paid by all work permit

    holders (215 ) and most of their dependent

    family members (160 ), students (160 ),

    some researchers (215 ) and Blue Card

    applicants (215 ).

    A reduced amount (60 ) is to be paid by long-

    term residents.

    Exemptions include nationals of the European

    Economic Area (EEA) and Switzerland,

    children under 18 years of age and refugees.

    Background The Program Law of 19 December 2014

    inserted the fee into the Immigration Law,

    and this was implemented by a Royal Decree

    of 16 February 2015, determining the amount

    of the fees concerned as well as practical

    arrangements for collecting them.

    The measure is justified by reference to the

    continuous increase in the number of

    residence applications in Belgium, and the

    resulting cost to the authorities.

    Action Items

    Ensure that the correct administrative

    fee is paid before submitting any

    relevant residence application in

    Belgium.

    UNITED STATES Employment Authorisation Extended to H-4 Spouses of Certain H-1B Visa Holders

    Effective 26 May 2015, The Department of

    Homeland Security (DHS) will finally extend

    employment eligibility for certain H-4

    dependent spouses of H-1B nonimmigrants

    who have applied for lawful permanent

    resident (LPR) status.

    Who Benefits? H-4 visa holders eligible for employment

    authorization are spouses of H-1B visa holders

    who have

    an approved I-140 Petition for Alien

    Worker; or

    an H-1B visa extended beyond six

    years, as they are in the process of

    seeking lawful permanent residence.

    It is expected that the persons who will

    benefit most from these provisions are

    spouses of J-1 physicians who are fulfilling

    their J-1 waiver commitment of three years,

    persons born in India and China in the EB2

    (employment based second preference)

    category and all persons in the EB3

    (employment based third preference)

    category born in all countries.

    Eligible dependent spouses without H4 status

    may concurrently request a change of status

    to H-4 and employment authorization.

    How Do Eligible Spouses Apply? To obtain an Employment Authorization

    Document (EAD), eligible H-4 spouses must

    file Form I-765, Application for Employment

    Authorization, with supporting evidence and

    the required $380 fee.

    Timing

    U.S. Citizenship and Immigration

    Services (USCIS) will begin accepting

    applications on 26 May 2015.

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    It can take up to 90 days to receive

    the EAD after the application has

    been submitted.

    Once the EAD is received by the H-4

    spouse, they may begin working in

    the United States.

    At the discretion of USCIS, the H-4

    spouse may be issued an EAD valid for

    up to the validity of the H-4 status,

    and in any case not exceeding the

    validity of the H1-B holders approved

    period of stay.

    If the EAD expires before the H-4

    status expires, the EAD renewal

    process should be started as soon as

    possible (up to 120 days) before

    expiry.

    Action Items

    Eligible spouses who are interested in

    obtaining employment authorization

    should begin to prepare their

    application and supporting

    documents so as to be ready for filing

    on 26 May 2015.

    CANADA Changes to Strengthen Employer Accountability

    Effective 21 February 2015, a foreign national

    who is exempt from the Labour Market

    Impact Assessment (LMIA) process will not be

    able to get an employer-specific work permit

    if their employer has not submitted the

    required information and paid a fee before

    the work permit application is submitted.

    What Exactly is the New

    Requirement? Employers hiring foreign nationals who are

    exempt from the LMIA process will be

    required to submit an Offer of Employment

    form, and pay a fee to Citizenship and

    Immigration Canada.

    The employer compliance fee has been set at

    CAD$230 and must be paid online. The fees

    collected will offset the cost of introducing

    robust employer compliance. And are in

    addition to the existing work permit

    application fee of CAD$155.

    The form must be completed with the fee

    receipt number, and submitted by email. The

    work permit application must then include a

    copy of the form, and copy of the receipt and

    a copy of the email.

    Penalties for Non-Compliance When an inspection finds that an employer is

    non-compliant, the employer could face an

    administrative monetary penalty, a ban from

    hiring foreign workers and, in serious cases, a

    criminal investigation and prosecution.

    Open Work Permit Applicants Also effective 21 February 2015, open work

    permit applicants have to pay a new fee of

    CAD$100. This fee will be paid at the same

    time as the work permit processing fee and

    can be paid online.

    International Mobility Program streams that

    feature open work permits rather than

    employer-specific work permits include the

    working holiday portion of International

    Experience Canada, the Post-Graduation Work

    Permit Program, spouses/common-law

    partners of highly-skilled foreign workers and

    international students, and certain foreign

    nationals who are already in Canada waiting

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    for the finalization of their applications for

    permanent residence.

    Action Items

    Employers hiring LMIA-exempt

    foreign nationals should ensure that

    they pay the compliance fee and

    submit the required information in

    order to avoid penalties and to enable

    the work permit application.

    UNITED KINGDOM Changes to the Immigration Rules from April 2015

    The UK Home Office recently issued a

    Statement of Changes to the Immigration

    Rules, including a number of changes to Tier 2

    and Tier 1 of the points-based system, which

    are due to take effect from 6 April 2015.

    Main Changes to Tier 2

    Minimum Salary Thresholds

    The minimum salary thresholds and SOC code

    salary rates have been amended in line with

    changes to the average weekly earnings of

    settled workers, which have risen by 1.2% in

    the 12 months up to November 2014.

    The Tier 2 (General) and Tier 2 (ICT Short

    Term) minimum salary thresholds will

    increase by 300 per annum to 20,800 and

    24,800 respectively, whilst Tier 2 (ICT Long

    Term) will rise to 41,500, up 500 from the

    current minimum threshold.

    Cooling Off Period

    The 12 month cooling-off period, which

    restricts applicants from obtaining a new Tier

    2 visa if they have been in the UK as a Tier 2

    migrant within the previous 12 months, will

    no longer apply to applicants who have held a

    previous grant of Tier 2 leave for 3 months or

    less, within the previous 12 months.

    Shortage Occupations

    Following the partial review by the Migration

    Advisory Committee (MAC), a small number of

    senior jobs in digital technology (limited to

    people with at least five years experience) will

    be added to the shortage occupation lists of

    England and Scotland, including product

    manager, data scientist, senior developer and

    cyber security specialist.

    Main Changes to Tier 1

    Tier 1 (General) Extensions to Close

    Imminently

    The Tier 1 (General) category will close to

    extension applications from 6 April 2015.

    After that time, no further leave to remain in

    the Tier 1 (General) route will be granted.

    Migrants with a Tier 1 (General) visa who wish

    to remain in the UK may apply for Indefinite

    Leave to Remain (ILR) until 6 April 2018.

    Anyone who does not qualify for ILR will need

    to apply for further leave to remain before 5

    April 2015, or apply for a different

    immigration category.

    Due to the imminent closure of Tier 1

    (General) extensions, however, the Home

    Office is no longer restricting extension

    applications to those with less than 3 months

    leave remaining.

    Tier 1 (Exceptional Talent)

    Effective from 6 April 2015, a change is being

    made to give applicants the option of the

    length of visa they wish to apply for (up to the

    current maximum of five years, or five years

    and four months in the case of entry

    clearance applications).

    This change is being made alongside the

    introduction of NHS surcharge payments, due

    to be implemented from Spring 2015, and

  • peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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    means that Tier 1 (Exceptional Talent)

    applicants who only wish to come to the UK

    for a short time in this category will not need

    to pay the maximum leave period surcharge

    payments.

    Tier 1 (Entrepreneur)

    The Tier 1 (Entrepreneur) category caters for

    applicants coming to the UK to set up, take

    over, or be involved in the running of a

    business in the UK as directors.

    The following major changes are being made

    from 6 April 2015:

    Clarification that government funding

    by way of an intermediary public body

    may be accepted, providing that the

    body confirms the funds were made

    available by a UK or Devolved

    Government Department for the

    specific purpose of establishing or

    expanding a UK business;

    Use of the genuineness tests for

    extension and Indefinite Leave to

    Remain (ILR) applications;

    Migrants in the Tier 1 (General)

    category will be restricted from

    switching into Tier 1 (Entrepreneur),

    unless they have already established a

    UK business before 6 April 2015, or

    they have funding from a government

    department or endorsed seed funding

    competition;

    Clarification regarding how

    investment funds may be spent, and

    the restriction on engaging in

    businesses principally concerned with

    property development or property

    management;

    Applicants relying on funds they hold

    themselves must provide evidence of

    the third party source of those funds,

    if they have held the funds for less

    than 90 days before making an initial

    application;

    All initial Tier (1) Entrepreneur

    applicants will need to submit a

    business plan as part of their

    application. Previously this was not a

    mandatory document, but is often

    requested by caseworkers to help

    applicants demonstrate a genuine

    intention to set-up a UK business.

    Tier 1 (Graduate Entrepreneur)

    The Tier 1 (Graduate Entrepreneur) category

    caters for graduates who have been endorsed

    by UK Higher Education Institutions or by UK

    Trade and Investment to establish one or

    more businesses in the UK.

    Effective 6 April 2015, a change is being made

    to restrict applicants in this category from

    engaging in businesses principally concerned

    with property development or property

    management, for consistency with the Tier 1

    (Entrepreneur) category.

    Tier 1 (Investor)

    The Tier 1 (Investor) category caters for high

    net worth individuals making a substantial

    financial investment to the UK.

    Effective 6 April 2015, the following major

    changes are being made:

    Prospective investors will now be

    required to open a bank account

    regulated by the Financial Conduct

    Authority (FCA) before making their

    initial application;

    The minimum age of applicants in this

    category is being increased from 16 to

    18;

    Changes are being made to the

    requirement for applicants to

    maintain their investments. The

    changes will mean applicants will no

  • peregrine: GLOBAL IMMIGRATION MADE SIMPLE VAT registration number: 111 7916 32

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    longer need to invest additional

    capital if they sell part of their

    investments at a loss, but they will be

    required to maintain all their capital

    within their investment portfolios.

    Buying and selling investments will

    continue to be permitted, providing

    the investor does not withdraw any

    capital.

    Other Changes

    Visitors

    The Home Office has announced changes to

    the Visitor visa category which will affect

    those wishing to visit the UK from outside the

    European Economic Area (EEA) from 24 April

    2015. The category will be consolidated into

    just four routes - visit (standard);

    marriage/civil partnership visit; Permitted

    Paid Engagements (PPE) visit; and Transit visit

    - in the anticipation that the new streamlined

    system will be easier to navigate than the

    current 15 routes available under the Visitor

    category. Visitor visas will still only be valid for

    a period of no more than six months, and

    visitors will still be prohibited from taking

    employment in the UK.

    Indefinite Leave to Remain (ILR)

    Effective from 6 April 2015, Tier 1 and Tier 2

    migrants who apply for ILR must not have had

    more than 180 days absence from the UK per

    year during the qualifying period (usually five

    years). A change is also being made to

    discount any absences from the UK from

    counting towards the 180 day limit, where the

    absence was due to the applicant assisting

    with the Ebola crisis which began in West

    Africa in 2014.

    Changes to English Language Test

    The list of Approved Secure English Language

    Tests and Test Centres has been updated.

    Many of the previously accepted tests have

    been removed, and some new providers

    added to the list.

    The introduction of a list of approved test

    centres is to ensure appropriate security

    features in the booking, administration and

    invigilation procedures. Other changes will

    allow results to be rejected if the test was not

    taken at an approved centre. A transitional

    period of seven months has been introduced

    to help migrants who have taken their test

    ahead of these changes as part of their

    forthcoming immigration application.

    Providing that the test was passed before 6

    April 2015, the test results may be used as

    part of immigration applications until 6

    November 2015.

    Action Items

    Tier 1 (General) visa holders who do

    not qualify for Indefinite Leave to

    Remain will need to apply for further

    leave to remain before 6 April 2015,

    or apply for a different immigration

    category.

    VENEZUELA U.S. Nationals Require Entry Visas

    A new Ministerial Decree, effective 28

    February, requires U.S. nationals to obtain

    entry visas to enter Venezuela as tourists.

    The decree excludes U.S. citizens from the list

    of nationals who are exempted from requiring

    a visa to enter Venezuela. The change is

    justified by the principle of reciprocity, as the

    United States requires entry visas for

    Venezuelan nationals.

    U.S. nationals intending to visit Venezuela

    need to obtain an entry visa corresponding to

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    the purpose of their visit (i.e. business or

    tourism) from a Venezuelan consulate abroad

    before travelling.

    Action Items

    U.S. nationals travelling to Venezuela

    apply for the corresponding entry visa

    at the Venezuelan consulate abroad.

    COLOMBIA Visa-Free Entry for Some Nationals of China, India, Thailand and Vietnam

    The Colombian government has authorised certain nationals of India, China, Thailand and Vietnam to enter Colombia without a visa, thus allowing qualifying applicants to apply on arrival for a temporary visitor permit (PIP) and post arrival for certain employment visas (TP- 4 and TP-13).

    Who Qualifies? The new visa exemption is available to nationals of India, China, Thailand and Vietnam who

    hold a residence permit in a State of

    he Schengen area or in the United

    States; or

    hold a Schengen visa type C or D, or a

    visa to the United States (other than

    in the Class C-1 transit category).

    Further Details Qualifying nationals of these four countries arriving in Colombia will receive a temporary visitor permit (PIP) in the relevant category, depending on the activities to be undertaken in Colombia (PIP-1 to PIP-8). They will then be able to apply post arrival for a TP-4 temporary work visa or a TP-13 visa for urgent technical work.

    Action Items

    If you are assisting a qualifying

    national of China, India, Thailand or

    Vietnam to obtain work authorisation

    for Colombia, consider taking

    advantage of the post arrival

    processes.

    A transition period is expected while

    the immigration authorities (including

    Migracin Colombia and all consular

    posts) implement this new rule.

    Please check with your immigration

    supplier on a case by case basis.

    ISRAEL Government Office Closures and Increased Immigration Audits

    Israeli government offices will be closed on election day, 17 March, and from 3 April until 12 April 2015 for the Passover holiday. Also, the immigration authorities have recently increased audits of employers.

    Office Closures During closure periods, no work permits or visa applications will be adjudicated. Israeli consular posts abroad may suspend their operations or conduct limited processing during this time. Visa applicants should check with their local consulate for specific information on holiday operations.

    Increase in Audits of Employers The Enforcement Unit of the Immigration Authority has recently increased its audits of employers. The purpose of the audits is to ensure employers comply with the immigration laws and to prevent illegal employment. The audits may be performed

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    without prior notice. During the audits, passports and other relevant documents are examined. Foreign nationals that are found to be working without the proper visa are subjected to immediate detention and deportation. The employer can be issued high fines and/or criminal indictments.

    Action Items

    Note the closure of government

    offices on election day and over

    Passover and plan applications

    accordingly.

    Ensure that all foreign nationals have

    the correct visa for working.

    EGYPT Possible Changes to Tourist Visa on Arrival System

    Egypts Ministry of Foreign Affairs has announced changes to the tourist visa system, which may require travellers to obtain a visa before travelling to Egypt, rather than on arrival. The change, scheduled to take effect from 15 May 2015, applies only to independent travellers and not to tour groups. However, this decision of the Ministry of Foreign Affairs is still under discussion and no new regulations have been issued as yet.

    Action Items

    Peregrine will keep you informed

    about these possible new visa rules

    for tourists as more information

    becomes available.

    NEW ZEALAND Exemption from Labour Market Check in Certain Circumstances

    Effective 1 February 2015, Immigration New Zealand (INZ) has waived the requirement for temporary work visa holders to complete a labour market check when applying for a further work visa, in certain circumstances.

    Who Benefits? In order to benefit from the new labour market check waiver, the applicant must:

    currently hold a temporary work visa;

    and

    have applied for an Essential Skills

    work visa to continue working in that

    role; and

    meet all other requirements of

    Essential Skills work visa instructions;

    and

    have been issued an Invitation to

    Apply under the Skilled Migrant

    Category (SMC) and retain the ability

    to apply, or have made an application

    for residence under the SMC and that

    application has not yet been

    completed; and

    have had their Expression of Interest

    selected in part on the basis of points

    claimed for skilled employment in the

    role they currently hold.

    If the applicant meets all of these conditions, they will not be required to complete a labour market check when applying for their further work visa. This will allow them to be eligible for a further work visa for twelve months.

    What is the Labour Market Check? Normally, every application under the

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    Essential Skills instructions is subject to a labour market test. This test can be met by either:

    the position being listed on one of

    INZs Essential Skills in Demand lists,

    or

    INZ being satisfied that there are no

    New Zealanders who can do, or be

    readily trained to do, the job offered

    and that the employer concerned has

    genuinely searched for suitably

    qualified and trained New Zealand

    workers.

    Action Items Employers of qualifying applicants can

    take advantage of this change to

    expedite applications for further work

    visas.

    CHILE New Flexible Work Visa Launched

    The Chilean government has introduced a new work visa (visa temporaria por motivos laborales) which offers more flexibility for employees than the existing Work Contract Visa (visa sujeta a contrato).

    What are the Differences? The new visa differs from the existing Work Contract Visa, mostly to the benefit of the foreign national employee.

    For the Employee

    Flexibility

    The new Temporary Visa for Work

    Purposes allows the employee to

    work for multiple employers, and to

    change jobs without any additional

    cost and without obtaining a new

    visa;

    The Work Contract Visa only allows

    work for one employer, changing jobs

    carries an additional fee, and the visa

    becomes invalid when the work

    contract ends.

    Permitted Activities

    The new visa allows the holder to

    work, study, start a business or offer

    freelance services;

    The existing Work Contract Visa only

    allows work as set out in the local

    contract.

    Permanent Residence

    A holder of the new visa is entitled to

    apply for permanent residence after

    only one year in Chile;

    A Work Contract Visa holder must

    have resided in Chile for two years

    before applying for permanent

    residence.

    Application Process

    The new work visa can only be obtained post-arrival, in Chile, while the existing Work Contract Visa can be obtained either at a Chilean consulate abroad or in Chile.

    For the Employer

    The main advantage of the new visa

    for the employer is that they are not

    liable for repatriation costs when the

    contract with the employee ends.

    They are also not required to report

    the termination of the contract to the

    authorities.

    The Work Contract Visa requires the

    employer to pay the repatriation costs

    of the foreign national. The employer

    also risks being fined if the

    termination of the employment

    contract with the foreign national is

    not reported.

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    Action Items Employers considering sending

    foreign nationals to Chile should

    consult with their immigration

    provider about which is the most

    suitable work visa for their needs.

    UNITED KINGDOM Immigration Health Surcharge, New Fees and Rollout of Biometric Residence Permits

    The immigration health surcharge, one of the key reforms of the Immigration Act 2014, will be introduced from 6 April 2015. The government has also confirmed the new immigration and nationality application fees which will come into effect on 6 April, and has begun the rollout of Biometric Residence Permits to non-European Economic Area (EEA) nationals.

    Immigration Health Surcharge Non-EEA nationals applying to come to the UK to work, study or join family members for more than six months will be required to pay an immigration health surcharge, one of the key reforms of the Immigration Act 2014. This will also apply to non-EEA nationals who are already in the UK and apply to extend their stay by six months or more. The cost of the health surcharge will be 200 per year, and 150 per year for students. Dependents will be charged the same amount as the main applicant. The health surcharge is a mandatory requirement. Individuals who have private healthcare paid for either by themselves or on their behalf by their employer, for example, will still be required to pay the surcharge.

    Exemptions

    Applicants under Tier 2 (Intra-

    Company Transfer) and nationals of

    Australia and New Zealand are

    exempt from paying the immigration

    health surcharge.

    It is important to note that these applicants will still need to complete the online surcharge process but will be informed the payment is nil. Applicants will receive a surcharge reference number which will be needed for their immigration application to confirm exemption from the surcharge.

    Migrants applying for a UK visa of six

    months or less will also be exempt

    from paying the surcharge. Those

    applying to come to the UK on a

    Visitor visa will also be exempt,

    although from April 2015, non-EEA

    visitors who access NHS services will

    be charged 150% of the cost of their

    treatment.

    Immigration and Nationality Fees

    2015/16 The government has published the immigration and nationality fees for all applications made from outside and within the UK from 6 April 2015.

    Tier 2 of the Points-Based System

    There is an increase of 50 to applications made both within and outside the UK under the Tier 2 General and ICT (long term) categories, where a Certificate of Sponsorship (CoS) has been issued for a period of three years or less. The increase in these categories when a CoS has been issued for more than three years is 100 Applications made under the Tier 2 ICT - Short Term, Graduate Trainee and Skills Transfer categories, with a CoS that has been issued for a period of three years or less, will increase by 17, from 428 to 445.

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    The allocation of a Tier 2 CoS itself will rise by 15 to 199. There is no change to the fee for a Sponsor Licence application or renewal.

    Tier 1

    Tier 1 (Investor) sees large fee increases for applications made both in and out of the UK. In-country applications will rise to 1500, from 1093, whereas out of country applications increase by 626, also to 1500. In sharp contrast, a Tier 1 (Exceptional Talent) initial application from within the UK cost almost half of the present fee down from 656 to 281. Applications in this category made from outside the UK will also see the fee decrease to 281, from the current fee of 437.

    Other Fees

    From April 2015, postal applications for Indefinite Leave to Remain (ILR) will cost 1500, almost 40% higher than the current fee of 1093. ILR applications made via premium processing will rise to 1,900 from 1,493. The fee for naturalisation as a British citizen for an adult will rise to 1,005 from 906 and the fee for registration of a child as a British citizen will rise to 749 from 669.

    Rollout of Biometric Residence

    Permits The process of issuing Biometric Residence Permits (BRPs) to non-EEA nationals travelling to the UK for more than six months started on18 March 2015 with applications made in Pakistan. The rollout will continue in three further phases from mid April (including China and India), 31 May (including Australia and the USA) and 31 July (the rest of the world). Please see our recent news alert for more details on the Biometric Residence Permit system.

    Action Items From 6 April 2015, ensure all non-EEA

    assignees to the UK pay the

    immigration health surcharge before

    submitting their immigration

    applications, unless exempt.

    Applicants from countries where the

    BRP initiative has already been

    implemented should bear in mind the

    short validity of the new travel

    vignette and the need to collect the

    final BRP post arrival when making

    their travel plans to the UK.

    THAILAND 90-Day Report Can Be Filed Online

    Effective 1 April 2015, the Thailand Immigration Bureau will implement an online filing system for the 90-day residence report for foreign nationals, which should make the reporting process easier.

    What is the 90-Day Report? Any foreign national who remains in Thailand continuously for more than 90 days is required to report his or her current address to the Immigration Bureau within a period of 15 days before and 7 days after the 90 days is reached. Until now, the report had to be submitted at the Immigration Department Office where the foreign nationals visa was issued, either in person or by mail. Failure to file a 90-day report can result in a fine of 2000 baht (about $60) or more.

    Online Filing Foreign nationals can now make their 90-day residence report by submitting a notification form online here or via the main Immigration Bureau site, within a period of between 15 days and 7 days before the due date of notification. The status of the application can be checked

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    during the remaining 7 days before the due date, and a receipt must be downloaded as proof of submission, once the application has been marked as approved. However, at present the online report filing system is only available for those using Internet Explorer as their browser.

    Action Items Ensure that a 90-day report is

    submitted either in person, through

    an agent, by mail or online within the

    allowed period.

    Be aware that the filing period is

    much shorter for online submission of

    the report.

    MORE FROM PEREGRINE

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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 2014 Peregrine

    Immigration Management Ltd.