from ABIL Global Immigration Update

On January 28, 2013, an updated Life in the UK Test handbook was published for all applicants wishing to settle in the UK or apply to be naturalized as a British citizen. The updated handbook will be applicable to the new Life in the UK test, which will be introduced on March 25, 2013.

Those who have already taken the existing test but have yet to submit their indefinite leave to remain or naturalization applications do not need to take the new test, even if they will not be submitting their applications until after March 25.

Those who intend to take the Life in the UK test after March 25 should review this latest handbook because the new test will include questions on all sections of the new handbook and not just a few selected chapters, as is the case now. There is also a greater focus on British culture and history in the new test. Full details of where to purchase the handbook and how to take the test can be found on the UKBA WEBSITE.

from ABIL Global Immigration Update

There is a renewed focus on compliance issues.

There has been an increasing focus on compliance issues in Belgium, such as in the field of cross-border employment. For example, the Belgian government has begun an initiative against fraud and abuse regarding social security in the context of international mobility.

European regulations have set rules to determine what legislation applies in a particular situation. For example, an employee who is posted by his German employer to Belgium will, under certain conditions, remain subject to German social security; he will receive an "A-1" document from the German social security authorities as proof.

At present, as confirmed by European case law, European Union Member States' courts must accept an A-1 document, even if it is subject to discussion. Only the Member State that has issued the document can withdraw it. For instance, if there were discussion about the real nature of the posting of the German employee to Belgium, a Belgian court must still accept the German A-1 document as long as it has not been withdrawn.

A new rule effective January 10, 2013, entitles Belgian courts to set aside the European coordination rules in the event of "abuse," which is defined as the incorrect application of the European coordination rules to try to avoid being subject to Belgian social security. The Belgian courts could, in the event of such abuse, decide that Belgian social security applies anyway. For example, if the Belgian court believes that there has been fraud or abuse of the European coordination rules and that the German employee is not posted to Belgium but in fact works under the authority of the Belgian third party, it can set aside the German A-1 document.

This new rule is controversial, especially in light of European law.

from ABIL Global Immigration Update

The recent change of government in the Netherlands has affected the country's immigration regulations.

A proposal to amend the Dutch Nationality Act will be withdrawn, the government announced on November 27, 2012. The proposal was sharply criticized, particularly its provisions to further reduce dual nationality. The current law already generally prohibits dual nationality, but applicants who are married to a Dutch person were exempt, as were Dutch nationals who acquire the nationality of another country and are married to a person of that nationality. Other measures that will not go through now include the introduction of an income threshold and a qualification requirement (at least two years of work experience in the Netherlands or at least two years of vocational qualification in the Netherlands).

Also, as of January 1, 2013, the financial penalties for non-compliance with the Employment of Foreigners Act (EFA) have increased drastically. Companies employing foreigners without the required work permit were previously fined € 8,000 per employee. This will be raised to € 12,000. In case of a second offense within five years, this amount is raised by 100% to €24,000 per employee (previously two years), or € 36,000 per employee if the EFA is violated for the third time within the five-year period. The company can also be shut down for up to three months if three offenses occur within five years, provided that the company has been warned in advance about the possibility of being shut down.

There is better financial news for family reunification applicants. Filing fees are reduced considerably as of January 2013. The reduction is a direct consequence of a long-pending complaint of the European Commission against the Netherlands. The Court of Justice of the European Union (CJEU) ruled on April 26, 2012 (C-508/10) that the government fee of € 401 for a European Community long-term resident permit is "excessive and disproportionate." The Dutch High Administrative Court followed this ruling in a judgment of October 9, 2012, on the Family Reunification Directive, applying the same principles of EU law as the CJEU. In response to this ruling, the Netherlands' State Secretary for Security and Justice announced that the government fee for family reunification would be reduced from € 1,550 to € 225 for visa nationals, and from € 1.250 to € 225 for visa-exempted nationals. The government fee for an EU Blue Card remains at € 750. Because the EU Blue Card is also based on an EU Directive, it could be argued that this amount is also "excessive and disproportionate."

In other news, some important restrictions on family reunification were introduced on October 1, 2012, of which the most remarkable was the abolition of conjugal partner immigration (with the exception of couples who are not allowed to marry according to the laws of the country where they live). This was introduced only days before the former government was replaced by the current one, and when the newly elected Parliament had already spoken out against such restrictions. This political gambit has not yet led to a clear announcement that the measures will be withdrawn or to continued opposition in Parliament. It remains to be seen if these measures will be maintained.

from ABIL Global Immigration Update

The salary thresholds for permits for highly skilled migrants (knowledge migrants) and EU Blue Card holders as of January 1, 2013, have been published. Foreigners aged 30 or over must earn a gross annual salary of € 52,010 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 € 38,141. For graduates in the Netherlands, the threshold is € 27.336.

The salary threshold to acquire the EU Blue Card residence permit is € 60,952.

from ABIL Global Immigration Update

As of January 1, 2013, Beijing and Shanghai are now allowing citizens of 45 enlisted countries visa-free transit entry for up to 72 hours.

Qualified foreign nationals include those who transit through Beijing International Airport, Shanghai Hongqiao International Airport, or Shanghai Pudong International Airport. Before arriving in China, they must qualify for entering the third country and must have purchased a plane ticket with confirmed seating to that country. The transit period in China can be no longer than 72 hours. Such foreign nationals may leave the airport during their transit period and engage in tourism within the boundary of their city of arrival. The 45 countries include the United States, Canada, the United Kingdom, Russia, France, Germany, Italy, Spain, Brazil, Argentina, Australia, Japan, and Singapore.

Foreign nationals who travel outside of their city of arrival or stay beyond 72 hours may face punishment. Beijing has announced that foreign nationals who, due to uncontrollable circumstances, need to stay longer than 72 hours or travel outside of Beijing must apply for a visa at the Department of Entry-Exit Administration of the Beijing Public Security Bureau. Foreign nationals who fail to apply for a visa under these circumstances may be punished according to the law and regulations related to illegal presence. Serious violations may result in restrictions on their future entries.

Beijing's and Shanghai's new policies are more lenient than China's current transit visa waiver regulation, which only allows foreign nationals wishing to transit through China up to 24 hours without a transit visa. They must have a valid connecting ticket with confirmed seating on an international flight and they must remain in the airport. The new program also expands Shanghai's existing transit visa waiver program, which exempts citizens of a shorter list of countries from the visa requirement if the travelers transit by air through Shanghai and stay for no more than 48 hours.