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NETHERLANDS: Sanctions on Iran – Consequences for Iranian Nationals and Residency in the Netherlands

1/23/2012

from ABIL Immigration Insider

The Security Council of the United Nations (UN) and the European Union (EU) have imposed sanctions on Iran because its government is pursuing a nuclear program. The European Union has also announced sanctions in connection with human rights violations in Iran.

On January 23, 2012, the EU decided to expand sanctions against Iran (Council Decision 2012/35/GBVB). This regulation now also focuses on key areas of the petroleum and natural gas (petrochemical) industries.

The Dutch Immigration Service will defer the handling of applications of Iranian labor and highly skilled migrants, Iranian scientists, and Iranian self-employed persons who wish to work in these sectors (including the applications of their family members) until it is known how this regulation should be applied to residence applications from Iranians.

Applications for renewal of residence permits of Iranian nationals and their family members already residing in the Netherlands in the aforementioned sectors are also deferred. Applications from Iranians who are not working in the sanctioned sectors will be processed as usual.

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FRANCE: Government is Easing on its Harsh Position on Foreign Graduates Seeking to Work in France

1/13/2012

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by Karl Waheed, ABIL Lawyer
Karl Waheed Cabinet d'Avocats

Executive summary: Today was published the much awaited circular clarifying the government’s position on foreign students seeking to work in France after graduation. In a previous circular the government had instructed the administration to interpret the regulations very narrowly, with the aim of reducing the number of foreign students allowed to change their status upon graduation. Such instructions resulted in a massive protest from the universities, students and even criticism within the government. The new circular seeks to reduce the harsh effect of the previous circular by providing a guideline to avoid tarnishing the attractiveness of French schools to foreign students and undermining French business in the need of foreign talent.

The circular of 12 January 2012 clarifies the government’s position in 3 points.

1. The government recalls the law (L. 311-11 of CESEDA) which it had promulgated to allow qualifying foreign students to change status and accept employment, without being subject to labour market tests. The administration is asked to apply the law whenever the students qualify, and seek the attestations of the schools and future employers in order to facilitate the adjudication.

The annual permit issued under such law is to be renewed by the administration until the end of the first professional experience. The government seems to underline here that the job obtained by the student must not be a permanent position. The student is to perfect his/her theoretical knowledge by a first professional experience.

2. In situations where the pre-stated law is not applicable, the government is asking to balance the objective of restricting migration against the negative effect on the reputation of French schools abroad and need of French business seeking a talented graduate with a Master equivalent or higher. The circular gives several examples where a favourable adjudication of a work permit is recommended.

3. The administration is asked to apply these instructions to status change applications made since 1st June 2011, which may be re-filed. Orders to quit French territory, further to negative decision on change of status applications are suspended while the applications are re-examined. The administration is asked to accept simultaneous filing of double applications: one under Law 311-11 and another under common law.

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NETHERLANDS: New Information Released About Highly Skilled Migrants

1/1/2012

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from ABIL Global Immigration Update

New information has been released about highly skilled migrants.

Salary thresholds for 2012. The salary thresholds for highly skilled migrants (knowledge migrants) as of January 1, 2012, have been published. Foreigners aged 30 or older must earn a gross annual salary of €51,239 to be eligible for a residence permit to work as a highly skilled migrant. For foreigners under the age of 30, the highly skilled migrant salary threshold is €37,575. For graduates in the Netherlands, the threshold is €26,931.

Pilot short stay. Short stays for highly skilled migrants will become possible after January 1, 2012. A pilot program will run for two years. "Short stay" is defined as a stay for less than three months. Only employers already accepted in the Highly Skilled Migrant Scheme may participate in this pilot. The highly skilled migrant salary threshold for foreigners 30 years and older (in 2011 €50,619) will also be the threshold for a short stay as a highly skilled migrant, prorated for the period that is worked.

The employer must apply for a work permit. The Labor Directorate strives to issue this within two weeks. The Labor Directorate will also assess the job function of the highly skilled migrant.

Salary. The Dutch Parliament has raised questions about the requirement that as of June 19, 2011, the salary of a highly skilled migrant must be at market level. Does it make the Netherlands less attractive to such migrants? The Minister of Social Affairs thinks not. The assessment of whether the salary of the highly skilled migrant is at market level will only be performed in cases where the Immigration Service suspects fraud. So far, the Immigration Service has not rejected any application based on this new ground. The Minister reiterated that highly skilled migrants must only fulfill one criterion: the salary threshold.

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NETHERLANDS: Sanctions on Iran – Consequences for Iranian Nationals and Residency in the Netherlands

FRANCE: Government is Easing on its Harsh Position on Foreign Graduates Seeking to Work in France

NETHERLANDS: New Information Released About Highly Skilled Migrants

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