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CHINA: New Entry and Exit Administration Law & Tightened Immigration Enforcement

6/30/2012

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from ABIL Global Immigration Update

China has issued a new Entry and Exit Administration Law and tightened immigration enforcement, while the U.S. is welcoming more visitors from China.

On June 30, 2012, the Chinese National People's Congress' Standing Committee enacted a new Exit-Entry Administration Law, effective July 1, 2013. This is the first major reform of China's immigration law since 1986. The overriding policy behind the law is to create harsher punishments for immigration law violations in China.

One particular issue that the new law aims to tackle is that a growing number of foreigners have managed to live and work in China on short-term business visitor visas and periodically travel to neighboring countries and regions, such as Hong Kong, to renew them. The new law imposes monetary sanctions on employers for every foreigner illegally employed and gives the government authority to confiscate any money earned from such employment. It also subjects foreigners who illegally stay in the country to fines and possible detention. To provide more flexibility, the law reduced the minimum length of work-related residence permits from 180 days to 90 days, which will likely result in qualified employees applying for work permits rather than working on F business visitor visas.  It also creates a "talent introduction" visa category, allowing visas for foreign talent. The details of this visa category will be set by agency regulations.

The law requires foreigners who apply for residence permits to provide their fingerprints and other biometric data to the public security bureau and gives the public security bureau and Ministry of Foreign Affairs the authority to promulgate regulations to collect biometric data from persons crossing the Chinese borders. Foreigners may be found "unsuitable" to stay due to violations of China's laws and regulations. Such foreigners may be given a deadline to voluntarily depart the country. Those who commit "severe violations" may be deported and found inadmissible for 10 years.

In line with China's immigration reform efforts, certain Chinese cities have been cracking down on illegal entries, overstays, and unauthorized employment in China. The Beijing government initiated a "100-day campaign" in May. Pursuant to Chinese immigration law and regulations, foreign nationals must carry their passports and accommodation registration documents at all times. Beijing police have been checking passports and registrations in targeted popular locations for foreign nationals in Beijing, such as Sanlitun and university areas. They have been looking for those who have committed a crime, overstayed their periods of admission, or are working illegally. Beijing authorities have asked the police department to publicize this enforcement effort across the city via public notices and face-to-face communications. A hotline also allows residents to give tips to the police.

Although Shanghai officials denied that the 100-day campaign has spread to Shanghai, a Shanghai expatriate blog, City Weekend, reported on June 1, 2012, that Shanghai police raided two bars popular among foreign residents in the "Yongfu Lu" strip area, checking passports and work permits of foreigners.

Officials in Chengdu, the capital of Sichuan province in southwest China, have confirmed that a similar campaign will be rolled out there soon.

Overseas, Chinese consulates are becoming increasingly strict in their review and adjudication of visa applications, especially the requirement that all questions on a visa application be answered. All spaces must be filled in, including when the answer is "none" or "N/A." In the section about family members, all applicants must list at least one family member, even if they do not live in the same household.

Regarding Chinese visitors to the U.S., the U.S. Department of State announced in April that it aims to increase visitor visa processing capacity in China by 40 percent in 2012. In the first half of fiscal year 2012, U.S. consulates in China issued more than 453,000 visas, which was a 46 percent increase from the same time period in 2011. The State Department has reduced the waiting time to get a visa appointment in China to an average of five days. To further increase visa processing capacity, the State Department has hired more bilingual consular adjudicators and is exploring the possibility of adding visa issuance services in Wuhan, China.

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ITALY: Pre-Registration With Universities, Academies, and Conservatories

6/29/2012

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from ABIL Global Immigration Update

Non-European Union students living abroad who want to attend a university, conservatory, or academy in Italy must have filed a pre-enrollment request for the 2012-2013 academic year by June 29, 2012. Each university has a quota for enrollments from abroad. In early August, the Italian consulates will release information regarding entrance exams, including the Italian language exam, that will take place on September 3, 2012. Students will receive entry visas for Italy before August 24. Only those who pass the exams may enroll and stay in Italy with a residence permit for study purposes.
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UNITED KINGDOM: EU Children Travelling on Parents' Passport

6/25/2012

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from ABIL Immigration Insider

EU children must now hold a passport of their own when traveling into or within the EU and can no longer travel with their names listed on a parent's or guardian's passport. This requirement is based on EU passport regulations passed in 2009 that provided for a three-year transitional period within which Member States should implement the new requirement. This transitional period ended on June 25, 2012. The approach to the expiration of the transition may differ with each Member State, and some have confirmed they will observe the provisions of the regulation and implement border controls now that the transition period has expired. Carriers may deny boarding if children do not have their own passport.
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UNITED KINGDOM: New Developments in the Immigration Rules for Family Migration & Other Applications

6/13/2012

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from ABIL Global Immigration Update

New Immigration Rules for Family Migration and Other Applications

A Statement of Changes to the Immigration Rules was issued on June 13, 2012, which covers a wide range of visa applications, including those to join or remain with family members in the United Kingdom (UK) who are British citizens or settled persons. The new rules are effective on July 9, 2012. The rules will also: (1) make changes to applications under a human rights treaty to incorporate them within the Immigration Rules; (2) include a provision for those who have overstayed in the UK; and (3) add South Korea as a participant in the Tier 5 Youth Mobility Scheme, with 500 places pro-rated for the rest of this year.

Below is a summary of the main changes to the immigration rules:

Financial Requirement

The government has decided to introduce a minimum gross annual income threshold suggested by the Migration Advisory Committee (MAC) of £18,600, which a British citizen or settled person must be able to demonstrate to sponsor the settlement in the UK of a non-European Economic Area spouse or partner, or prospective spouse of partner. If the couple has a child, the minimum income threshold will be £22,400 and £2,400 for each further child. There will be an exemption for sponsors receiving certain disability allowances.

Income may be from a variety of sources, including employment or self-employment, interest from savings, and others, and may also include cash savings of the sponsor or applicant above £16,000 that has been held for at least six months in a regulated financial institution.

Transitional Arrangements

All applications submitted before July 9, 2012, will be decided under the existing rules. For these applicants, the existing rules will apply for each subsequent application, up to and including an application for indefinite leave to remain.

Introduction of New English Language Test in October 2013

Beginning in October 2013, all applicants for settlement (including Points-Based System migrants) must take both the "life in the UK" test and an English language test at level B1 or above, unless they are exempt.

Settlement

The probationary period will increase from two years to five years before a migrant may apply for settlement as the spouse/partner of a British citizen or settled person or as a dependent of a Points-Based System Migrant. The ability to obtain indefinite leave to enter based on four years' marriage or cohabitation with a British citizen will be abolished.

Furthermore, the ability to apply to settle in the UK after 14 years of residence will be abolished. Instead, applicants must have resided in the UK for 20 years or be able to demonstrate they have no ties to their country of origin before they can apply to begin a 10-year route to settlement in the UK.

Over Age Dependent Relatives

It will no longer be possible to switch into this category in the UK. All applicants outside the UK will be limited to close family members; i.e., children over 18, parents, grandparents, sons, daughters, brothers, and sisters. Parents and grandparents over 65 must demonstrate that as a result of age, illness, or disability, they require a level of long-term personal care that can only be provided in the UK by their relative and without recourse to public funds.

The Statement of Intent: Family Migration (summarizes the new rules)

New SOC Codes and Rules for Tiers 2 and 5 of the Points Based System from 14 June

New Standard Occupational Classification (SOC) codes at National Qualifications Framework (NQF) 6+ are now applicable for all tier 2 visa applications, with the exception of shortage occupation roles and some roles in the creative sector, where the SOC codes at NQF 4+ still apply. It is important to check whether the SOC codes you currently use are still listed in the new codes (see link below). The Immigration Rules and UK Border Agency guidance have been amended to reflect this change.

The MAC is reviewing the SOC codes and will consider evidence from employers on suitability. Evidence must be submitted to the MAC by July 27, 2012.

Finally, changes to the resident labor market test means that a Job Centre plus advertisement is no longer necessary for PhD-level roles and also for those earning between £70,000 and £150,000.

Occupation Codes of Practice for Tier 2 Sponsors

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ITALY: Blue Card Directive Implemented

6/7/2012

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from ABIL Global Immigration Update

The Italian government approved on June 7, 2012, a decree to implement the Blue Card Directive. The Directive will enter into force as soon as it is published in the Official Gazette. The new decree is intended to facilitate the entry of highly skilled workers holding a Blue Card issued by another EU country and will regulate the issuance of Blue Cards for workers already living in Italy.
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