from ABIL Global Immigration Update

There have been changes in professional immigration legislation in France:

List of understaffed occupations applicable to third-country nationals: a decision of Council of State returns the list to its January 2008 version:

With a decree of August 11, 2011, the government had halved the understaffed occupations where the labor market test does not apply to foreign nationals of third countries in the European Union. In a judgment of December 26, 2012, the Council of State annulled the decree based on the irregularity of the procedure of consultation with trade unions.

The cancellation of the August 11, 2011, decree implies that the list has been returned to its state as it existed under the decree of January 18, 2008, which contained 30 understaffed occupations designated by region. The government could revise this list of understaffed occupations, as it did recently for Romanian and Bulgarian nationals (Order of October 1, 2012). The latter order greatly expanded the list of occupations open to Bulgarian and Romanian nationals without labor market testing.

The new provisions concerning the accompanying families of foreign employees transferred to France:

The implementation of OFII (Office Français de l'Immigration et de l'Intégration) as the "single desk” OFII was an opportunity for the administration to clarify the "Accompanying Family" scheme. The "Accompanying Family" category is now available only for the following categories of work permits: "Inter-Company Transfer," "Skills and Talents," and "EU Blue Card."

The "Accompanying Family" category was initially created by administrative practice, which created exceptions to family reunification rules, allowing several categories of foreign assignees to enter France with their spouses and minor children. The scheme allowed an initial visa and a residence permit for the spouse of a foreign assignee. The benefit of the scheme subsequently become conditional upon meeting a compensation threshold of 1,300 times the minimum guaranty index, while providing access to the labor market for certain categories of foreigners, such as the wives of senior management.

The new scheme applicable following the establishment of the single-desk:

The circular of August 3, 2012, repealed the circulars of March 26, 2004; May 7, 2004; and March 15, 2006. The "Accompanying Family" category is now available only in the proceedings of "Inter-Company Transfer," "Skills and Talents," and "EU Blue Card" categories. "Accompanying Family" status is no longer available to the family members of foreign employees seconded outside the framework of these three proceedings.

In particular, foreign employees seconded on client sites to provide international services may no longer benefit from the "Accompanying Family" scheme. Their family members wishing to come to France must apply for a visitor visa at the French consulate having jurisdiction over their place of residence abroad or make an application under the cumbersome family reunification rules.

from ABIL Immigration Insider

The Blue Card Directive has been fully implemented in Italy under Decree n. 108 of 2012, which entered into force on August 8, 2012.

The EU Blue Card is a new scheme that facilitates the immigration process for highly skilled non-EU foreign workers seeking employment in the EU. With the Blue Card, individuals who meet the requirements can apply for a work permit outside of the Italian quota system, and they do not have to spend a minimum amount of time working for a foreign affiliate of the Italian company before they can apply.

According to the new decree, it is now possible to hire directly in Italy non-EU highly skilled workers without being subject to quota limitations, under certain conditions. Similar to the procedure to be followed for ICT work permits, the procedure under the new decree is:

1. The employer files a work permit application with the immigration office. The list of documents must be confirmed by each Immigration Office, but the law includes:

(i) a job offer for not less than one year with a salary of not less than €25,500 per year. The job offered to the worker must be for a highly skilled position;

(ii) a worker's diploma. The worker must have completed a post-secondary study program with a minimum duration of three years. The school must be a institution of higher education recognized by the state in which it is located. The course of study must be related to the type of work being performed;

(iii) documents proving that the worker has suitable accommodations in the country.

2. After the work permit is issued, the worker applies for a visa in his country of residence.

3. Upon entry into Italy, the employer and worker execute a contract of stay at the Immigration Office.

4. The worker files for a permit of stay at the post office and then completes the process at the police office.

Workers with a Blue Card issued by another EU country may be hired in Italy only after 18 months from the date of issuance of their card. The employer still must apply for a work permit, but the worker will not need to obtain a visa.

from ABIL Immigration Insider

The Bureau of Professional Immigration is instructing (via Circular of August 3, 2012) certain regional authorities to create a single desk (guichet unique) to follow the immigration process for new arriving foreign workers in the following categories:

• Intra-Company Transferees
• Skills and Talents
• European Union Blue Card

The Prefectures concerned are Haute-Garonne (31), Hauts-de-Seine (92), Isère (38), Nord (59), Paris (75), Puy-de-Dôme (63), Rhône (69), and Yvelines (78). The single desk will be created by the OFII (Office Français de l’Immigration et de l’Intégration) located in each of the Prefectures, with the objective of processing the applications faster. The government is aiming to process work permits for Intra-Company Transferees and EU Blue Card applicants within 4 to 6 weeks.

The efficiency of this government incentive is uncertain. The single-desk process is already in place in the Paris area for Intra-Company Transferees, where overall processing time has increased. This being said, the medical examination and delivery of the residency permit are occurring at the same appearance at the OFII. This is a definite improvement over the past.

from ABIL Immigration Insider

Historically, obtaining work permits in Turkey meant adjudication periods of three to nine months, requests for documents without explanation, and a lack of transparency of requirements by the Work Permit Directorate (Directorate). In 2010 the Turkish government made a bold effort to change the work permit regime. In the same year it also chose to enact employer qualifications for the entity that wished to sponsor a work permit. This was a relatively new concept in Turkey. Since implementation, the Directorate has attempted to create exemptions.

On July 29, 2010, the Directorate published a communique that requires an employer to have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed 5:1 ratio). The communique also requires that the employer’s paid in capital must be at least 100,000 Turkish Lira (TL). Alternatively, the employer can show either gross (assumedly annual) sales amounting to 800,000 TL annually or exports with a gross annual value of USD $250,000. The current exchange rate is 1.8 TL to 1 USD.

The 5:1 ratio has been particularly burdensome to employers. This is partially because the ratio must be evident at each worksite. Therefore, work permit applications will be denied if they do not evidence a 5:1 ratio of Turks to foreigners at the worksite selected for the foreigner (the worksite location is normally specified on social security records). Soon after the publication of the employer criteria, the Directorate was confronted with many employers who could no longer sponsor foreigners. In an attempt to ameliorate the impact of the 5:1 ratio requirement, the Directorate published the following exemptions on April 25, 2011:

1. Founder/investor of a newly established legal entity: If such a founder/investor owns at least 20% (but amounting to at least 40,000 TL) worth of shares of the entity, and within 6 months, the five employee criteria can be met, the founder/investor is exempt.
2. Technical specialists: If there is evidence the position that is the subject of the work permit application requires advanced technology and a Turkish national specialist cannot be found, both the 5:1 employee ratio and the capital requirement will not apply. 
3. For companies that satisfy the foreign direct Investment requirements, the 5:1 ratio will be applied by taking into consideration every employee of all the company’s worksites in Turkey. Also, if the foreign employee is a “key personnel” under this law, the Directorate may not count him or her in the 5:1 ratio.
4. Government involvement: When the foreigner will work on a product or service procurement for public institutions or is pursuant to a public tender, or when the work permit application is subject to a bilateral or multilateral agreement to which Turkey is a party, both the 5:1 ratio and capital requirement will not apply.

The Work Permit Directorate has not yet published guidance on the evidence to be presented to qualify for these exemptions. Although these exemptions have been published and available for over a year, the exemptions are not sufficient to meet the legitimate business needs of companies.