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PERU: Clarification in Scope of Some Peruvian Immigration Rules

7/1/2011

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__from ABIL Global Immigration Update

Changes do not occur often in Peruvian immigration law. Recently, however, a few notable changes took place.

One change concerns the modification of articles 358 to 378 of the Peruvian Consular Rules that was approved by Supreme Decree No. 091-2011-RE at the end of July 2011, in coordination with amendments to the Peruvian Aliens Law passed in June 2008. The amendments established that within the powers the Aliens Law grants to the Ministry of Foreign Relations, regardless of the migration status and the type of visa that may be granted by a consular officer abroad, is the responsibility and ultimate power of the consular officers to grant or deny visas to be stamped in passports or foreign travel documents, except for the migration status referred to in article 361 (diplomatic, consular, official, voluntary worker, and exchange visitor migration status). Likewise, the consular officer must verify that the beneficiary of the visa meets the necessary requirements to be granted the visa, and may conduct a personal interview if needed, comparing the information obtained with the information requested and applying the pertinent principles of discretion.


On the other hand, with respect to temporary tourist or business visas, a measure was ratified to provide that the term of stay in Peruvian territory is up to 183 days, non-extendable in-country, and that the term of validity of these types of visas is 12 months. This term is calculated from the date of issuance by the consular office.

The remainder of temporary and resident visas may be used within their term, which is six months from the date of issuance by the consular office.

A second change is that the Peruvian Immigration Authority (DIGEMIN offices), through an Internal Directive, is requesting that for all cases filed by Colombian, Venezuelan, and Mexican citizens – whether to obtain a visa at the Peruvian consulate abroad or to change status in-country – applicants must submit a resume indicating, among other things, their personal data, professional training, occupation, labor experience, personal references, address in Peru, and address abroad. The Internal Directive also includes case files that are not yet subject to approval (currently ongoing proceedings).
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NETHERLANDS: Compliance and Fines

7/1/2011

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by Jelle Kroes, ABIL Lawyer
Kroes Advocaten

The Employment of Foreigners Act (EFA) demands work authorization for any type of work by a foreign national (non-EU/EEA/Swiss) for companies or individuals in The Netherlands. Non-compliance may result in administrative fines. The applicable amounts are:
  • € 8,000 per employee for employment without adequate work authorization
  • € 1,500 per employee if no copy of the original ID is stored in the company's records
  • 150% of these amounts per employee for a repeated offense
There is no maximum amount; the fine is calculated mathematically on the basis of the number of employees in violation, regardless of how many hours they have worked or what their position in the company was. The EFA prescribes that every violation will be fined, without previous warning.

In case of secondment, both the seconding company and the client that actually employs the foreign worker will be fined; they are both separately liable and payment by one company does not liberate the other. In case of contracted work, even multiple companies can be fined; every company in the chain of contracts, from the principal to the last subcontractor, is liable for the same offense and will be fined the same amount.

The Modern Migration Policy Act, expected to enter into force some time in 2011, introduces another set of administrative financial penalties in addition to the ones noted above. Under this new law, companies will have a duty to inform the Dutch Immigration and Naturalization Service about all relevant changes; must commit to careful recruitment of highly skilled migrants; and must keep any relevant piece of information with respect to the foreign worker on record for a period of 5 years after the employment has ended.

Violations may result in the following administrative sanctions, to be imposed on the company:
  • a warning for a first offense
  • € 3,000 per employee for a second offense
  • € 4,500 per employee for a repeated offense
  • offenses of a very serious nature may result in blacklisting of the company and a temporary or even permanent ban from using the KMS
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EUROPEAN UNION: EU Blue Card

7/1/2011

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by Julie Pearl, ABIL Lawyer
Pearl Law Group Global Immigration NewsFlash

While implementation dates and requirements will vary by country, the EU member countries will be rolling out the EU Blue Card system starting June and July of 2011. Modeled after the US Green Card, the Blue Card will allow qualifying nationals to work and reside in an EU member state and obtain long term residency. Denmark, Ireland and the UK are not participating in the program but all other EU countries will be introducing the Blue Card. After an initial 18 month period, the Blue Card holder will be allowed to move freely throughout the participating member countries to work and live with accompanying dependents. After five years of continuous residency in the EU as a Blue Card holder, the foreign national can they qualify for permanent residency.

The Czech version of the Blue Card was made available in January of 2011 and Bulgaria began accepting applications on June 1, 2011. Applicants must be highly skilled with matching qualifications and a valid job offer or contract but the requirements and procedures for the Blue Card program will vary by member states. It’s unclear yet how the Blue Card program will affect employers and the EU labor market.
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BELGIUM: Compliance: New Code on Labour and Social Security Criminal Law

7/1/2011

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by Bernard Caris, ABIL Lawyer
Liederkerke

A new Code on Labour and Social Security Criminal Law took effect on July 1, 2011. It codifies existing compliance rules with regard to employment and social security related matters, and will also have an impact on compliance with business immigration laws. For example, for employment without a work permit of a foreigner, who is not entitled to residence in Belgium for more than 3 months, the maximum imprisonment term for the employer will increase but the maximum criminal fine will decrease.
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AUSTRALIA: Corporate Immigration Changes

7/1/2011

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by Julie Pearl, ABIL Lawyer
Pearl Law Group Global Immigration NewsFlash

The Australian Federal Government announced several corporate immigration changes that took effect on July 1st, 2011.

Increase in Minimum Salary Level for 457 Visa Holders
Effective July 1, the Temporary Skilled Migration Income Threshold (TSMIT) was increased to A$49,330 (currently A$47,480). The TSMIT is the lowest possible guaranteed earnings a 457 visa holder must receive. If the market rate for the particular occupation is higher than the TSMIT, the higher rate must be applied.

Increase in English Testing Salary Exemption for Some 457 Visa Holders
Certain 457 non-English speaking trade applicants may be required to satisfy an English language test as part of the 457 visa process. However, starting July 1st, if they are to receive guaranteed earnings of A$88,410 (currently A$85,090) they will be exempt from English testing.

Increase in Minimum Salary Level for Employer Nomination Scheme (Residency)
As with the increase in TSMIT, the minimum base salary required for Employer Nomination Scheme applications was also increased to A$49,330 (currently A$47,480) for most occupations. The minimum base salary for ICT occupations was increased to A$67,556 (currently A$65,020).

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