from ABIL Global Immigration Update

Sixteen months after passage of the new Mexican Immigration Law, regulations were published in the Official Bulletin in Mexico on September 28, 2012. Implementation is expected soon. The new law involves significant changes to the current immigration regime.

Main Points of the New Immigration Law

• Provides three main groups of conditions of stay -- Visitor, Temporary Resident, and Permanent Resident -- which will replace more than 30 migratory status and characteristics included in the General Population Law. The new groups will focus on the status of nonimmigrant, immigrant, and permanent resident.
• Immigrants will be granted access to education and health services regardless of their immigration status.
• Immigration officials will include the Ministry of the Interior, the National Immigration Institute, the Ministry of Foreign Affairs, and the National System for Integral Family Development.
• Auxiliary authorities on immigration affairs will include the Attorney General's Office, the Ministry of Health, and the Ministry of Tourism.
• The judges or officials of the Civil Registry must not deny to immigrants, regardless of their immigration status, the authorization of acts of civil status or the issuance of certificates related to birth, recognition of children, marriage, divorce, and death.
• Foreigners must personally submit a visa application to the appropriate offices.
• A visa application can be made through the National Immigration Institute's offices when the application stems from the right of preservation of the family unit, a job offer, or humanitarian reasons. In these cases, the National Immigration Institute and Mexico's consular offices abroad can authorize the visa. The consular office may ask the Institute to review its approval if it considers that the applicant may not meet the requirements of this law, regulations, and other applicable legal provisions. The Institute ultimately can resolve the case without liability to the consular office.
• Conditions of stay as a visitor, temporary resident, and permanent resident include:

-        Visitor without permission to engage in lucrative activities. Authorizes a foreigner to travel or stay in national territory for 180 consecutive days, without obtaining permission to perform activities subject to remuneration in Mexico.

-        Visitor with permission to engage in lucrative activities. Authorizes a foreigner who has a job offer with an invitation by any authority or academic, artistic, sporting, or cultural institution that provides remuneration in the country, and a foreigner who comes to Mexico to engage in a remunerated activity for a seasonal period under an interagency agreement signed with a foreign entities, to stay in national territory for a continuous period up to 180 days.

-        Regional visitor. Authorizes a foreign national or resident of a neighboring country to enter border areas with the right to enter and leave Mexico as many times as he or she wishes as long as the visit does not exceed three days, and without permission to receive remuneration in the country.

-        Visitor border worker. Authorizes a foreigner national of a country with which the United Mexican States share territorial boundaries to stay up to one year in such a state as determined by the Ministry. The visitor border worker may engage in activities within Mexico related to the job offer and may enter and leave Mexico as many times as he or she wishes.

-        Visitor for humanitarian reasons. Foreign nationals in any of the following circumstances may receive authorization if he or she:

a)    is the victim or witness of a crime committed on national territory;

b)    is an unaccompanied immigrant child or adolescent under Article 74 of the law;

c)    has made a request for asylum, refugee status, or complementary protection of the Mexican State until his or her migratory status is resolved; or

d)    needs to enter Mexico for humanitarian or public interest reasons, in which case he or she will receive permission to work in exchange for payment.

-        Visitor for adoption purposes. Authorizes a foreign national linked to a process of adoption in the United Mexican States to stay in the country until a court decision is dictated. If it is a positive order, the foreigner may stay in Mexico to register the new birth act of the adopted child or adolescent in the civil registry and to remain until the passport is issued, as well as to follow procedures to guarantee the departure of the child or adolescent from the country.

-        Temporary resident. Authorizes a foreign national to remain in Mexico for no longer than four years with the possibility of obtaining a lucrative work permit in the country, subject to a job offer, with the right to enter and leave the country as many times as he or she desires and also the right to preserve the family unit.

-        Temporary resident student. Authorizes a foreign national to remain in Mexico for the duration of courses, studies, research, or training projects that will take place in educational institutions belonging to the national educational system; to obtain the corresponding certificate, record, certificate, diploma, or degree; with the right to enter and leave the country as often as desired; and with permission to engage in lucrative activities in the case of persons engaged in college-level, graduate, and research work.

-        Permanent resident. Authorizes a foreign national to remain in Mexico indefinitely, with permission to work. Permanent residents are entitled to the preservation of the family unit, so they can enter with, or subsequently request the entry of, spouses, parents, brothers and sisters, and partners.

• Visitors, except those who entered for humanitarian reasons or have links with Mexicans or foreigners with regular residence in Mexico, cannot change their condition of stay and must leave the country once they conclude their authorized term.
• Mexicans have the right to the preservation of the family unit, so they may enter with, or eventually request the entry of, foreign spouses, parents, brothers and sisters, and partners.
• The Ministry may establish a point system for foreigners to acquire permanent residence without complying with the four-year residence requirement through general administrative rules to be published in the Official Journal of the Federation.
• With the exception of those applying for asylum or the recognition of refugee status determinations or stateless persons, foreigners must process their resident credentials within 30 calendar days after entering the national territory.
• Foreign nationals, regardless of their condition of stay and without permission from the Institute, may acquire personally or by proxy fixed or variable assets and may make bank deposits. They also may acquire urban real estate and real rights over property, with the restrictions set out in Article 27 of the Constitution and other applicable provisions.
• No foreign national may hold two conditions of stay simultaneously.
• The Foreigners National Registry houses information on all foreigners who acquire temporary resident or permanent resident status.
• Foreigners must inform the National Immigration Institute of any change in marital status, nationality, address, or workplace within 90 days after such change occurs.

• Foreigners must accredit their regular immigration status in the country in legal acts which require the intervention of public notaries, those who substitute them or their equivalents, with regard to real estate issues.
• The Institute may conduct verification visits to confirm the accuracy of data provided in immigration procedures.
• The immigration authority must issue a resolution on immigration procedures within 20 working days from the date the applicant meets all formal requirements provided by the law, regulations, and other applicable administrative provisions. If a decision is not made within 20 days, it will be deemed negative.
• Visa applications filed at consular offices must be resolved within 10 working days.
• If the applicant does not meet the requirements, the immigration authorities will indicate them in accordance with the Federal Administrative Procedure Law and will provide a period of 10 working days after being notified to address any missing requirements.
• Foreigners may apply for regularization of their immigration status in cases established by law.

The Institute has 30 calendar days to decide an application for regularization of immigration status.

from ABIL Global Immigration Update

The major change in 2012 was the implementation of the European Union (EU) Blue Card Directive, effective September 10, 2012.

The Blue Card is atypical for Belgium, as it is both a work permit (issued by the regions) and residence permit (issued by the federal authorities). This is reflected in the processing of a Blue Card application:

• An employer who wishes to employ a highly qualified non-EU/European Economic Area foreign employee can apply for temporary work authorization with the regional authorities.
• The second step is that the foreign employee applies for a Blue Card, which is a residence permit, with the federal authorities.
• As a Blue Card holder, the foreign employee may work in Belgium without a work permit. He or she can invoke a work permit exemption.

The following conditions must be met:

• The employer and the foreign employee must have entered into an employment contract of indefinite duration or a fixed-term employment contract of a duration of at least one year.
• The foreign employee must be entitled to an annual gross salary of at least €49,995 (amount for 2013).
• The employee must have a degree from a higher education institution, awarded for an education program with a duration of at least three years.

The legal texts implementing the Blue Card are inconsistent on some points: it is not yet entirely clear how administrative authorities will interpret the rules governing the Blue Card. It is clear, however, that the Blue Card will exist alongside, without replacing, the already existing "fast-track" work permit for highly skilled personnel. Belgium does not apply numerical limits.

A potential future change relates to the transfer of the legislative power regarding work permits from the federal level to the regions. At present, the regions (Brussels, Flanders, and Wallonia) process work permits on the basis of federal legislation. The coalition agreement of the federal government mentions the transfer of legislative authority regarding economic migration to the regions. Negotiations are rumored to be starting shortly, which could lead to different rules for Brussels, Flanders, and Wallonia.

from ABIL Immigration Insider

All applicants for UK settlement visas in India now must undertake pre-entry tuberculosis (TB) screening. Applicants must obtain a certificate from an approved clinic demonstrating that they are free of TB before submitting an application. The certificate is valid for 6 months and the UK Border Agency has set up a network of approved clinicians in India for this purpose.

This requirement will be extended to other categories of migrants, including work visa applicants in Tiers 1, 2, and 5 of the Points-Based System starting on September 10, 2012, and student visa applicants (Tier 4) starting on November 1, 2012. An appointment can be obtained within a few days, but applicants should allow up to 10 days in busy periods. Results may be obtained the same day.

Children ages 11 and over must be tested. Younger children should also attend the clinic in case the clinician assesses the need to test them also.

Those travelling to the UK for 6 months or less, including business visitors, are not subject to this requirement.

from ABIL Global Immigration Update

On September 9, 2012, a bilateral agreement between the governments of the Russian Federation and the United States came into force. The proposed agreement simplifies visa procedures for persons of both nationalities wishing to receive a business, private, humanitarian, or tourist visa. The full terms of the agreement have not been finalized.

The main points of the agreement include:

·         Visas should be issued within 15 calendar days. In urgent cases, visas may be issued within 3 business days

·         Visas are valid for up to 3 years and allow a stay of up to 6 months at a time (as opposed to the current limit of 90 days)

·         No official invitation issued by an authority is required. However, the consulate may require documents confirming the purpose of travel and the availability of sufficient funds

·         If a passport is lost, persons of either nationality may leave the other country without an exit visa, provided an identification document is issued by the appropriate consulate or diplomatic post

·        Visa applications may be filed at consulates and diplomatic posts of Russia or the United States located in a country different from that of the person's citizenship or permanent residence.

It is unclear when these provisions will come into effect, but this agreement is expected to greatly simplify visa processes between Russia and the United States.

from ABIL Immigration Insider

Some clients have reported receiving scam emails and telephone calls from people posing as United Kingdom Border Agency (UKBA) staff members. The UKBA is aware of these scams and also fake websites claiming to be operated by the government.

Scams reported include:

• Foreign criminals advertising fake UK jobs on the Internet. Individuals who apply are then directed to a link to pay for visa fees;
• Students at UK universities receiving calls from individuals who claim they work for the UKBA. The caller claims there is a problem with the student's visa application and instructs the student to make a payment immediately to prevent action being taken, including deportation;
• A request for payment of a deposit as proof that a migrant has sufficient funds to support their arrival in the UK until their first salary is received.

These criminals even have personal information relating to the migrant, such as their passport number or visa reference number, and may appear to be genuine. Migrants should also be aware that sometimes the email appears to be received from a UKBA source and the correct address will appear on the screen; i.e., [email protected] or [email protected], but when you click on the address, a different email address will be selected. Migrants should be vigilant, particularly when a request for payment is made.

The UKBA has reported the scams to Action Fraud, the UK’s national fraud reporting center. The agency advises that if anyone believes they have received a suspicious call or email or accessed a suspicious website, they should not give out any personal information, confirm that any personal information they have is correct, or make any payment, and should report the matter online to Action Fraud or by calling Action Fraud at 0300-123-2040.

from ABIL Immigration Insider

The UKBA no longer notifies a sponsor when certain requests to change sponsor details via the Sponsor Management System (SMS) have been granted. Sponsors can use the “view recent and outstanding requests” or “view user list” functions in the SMS to track the progress and the outcome of some requests.

If the request is refused or rejected, the UKBA will provide the reasons for the refusal or rejection by e-mailing a letter to the Authorising Officer (this will be sent from a “no-reply” e-mail address). If the change of circumstances request has been filed using a Change of Circumstances Form, the UKBA will continue to notify the filer of the outcome by letter.

from ABIL Immigration Insider

It is no longer possible to submit British nationality applications to the British High Commission or British Consulate in the home country of the applicant. Instead, with the exception of Hong Kong, all applications must be submitted to the UKBA in the UK. Where possible, original documents should be submitted, including passports. However, it has long been the practice to submit certified or notarized copies of passports with these applications. The UKBA has confirmed that certified copies will continue to be acceptable, particularly in the case of applicants whose countries' rules forbid sending passports across borders. If a copy is submitted, the applicant may be asked to present the original passport to embassy staff in the applicant's home country.

from ABIL Immigration Insider

Sponsors who obtained their Sponsor Licence immediately following the introduction of the Points-Based System in November 2008 will receive notifications from the UK Border Agency (UKBA) regarding the renewal process. The e-mails will come from [email protected] and will be addressed to the Level 1 user. Occasionally these e-mails inadvertently end up in the spam folder, so this should be checked regularly.

A further notification will be sent to sponsors three months before the expiration date when the renewal function will be activated on the Sponsor Management System (SMS). No documentation must be submitted with the application, but sponsors should be prepared to submit any documents subsequently requested by the UKBA within seven days. The UKBA may undertake a compliance visit.

The Sponsor summary details on the SMS should be up-to-date before a renewal application is submitted. Sponsors must notify the UKBA of any change to the Authorising Officer or Level 1 user before submitting the license renewal application. The fees for the application are £500 for small or charitable companies and £1500 for medium and large companies.

It is strongly recommended that sponsors submit their renewal applications well before the expiration date. Provided the application and payment are received before the expiration date, sponsors may continue to sponsor migrants while the application is being processed. If the deadline is missed, however, sponsors will no longer be able to sponsor migrants and their existing leave (permission to enter or remain) will be curtailed.

from ABIL Immigration Insider

Turkish service providers and entrepreneurs who will be providing a service in the Netherlands no longer need a travel visa for a short stay in the Netherlands (maximum of three months in a six-month period). Turkish nationals must show at the border that they can be considered as such. The Dutch embassy or consulate in Turkey may also provide a statement that the Turkish service provider/entrepreneur does not need a visa to enter the Netherlands.

from ABIL Immigration Insider

Proposed restrictions on family reunification will take effect on October 1, 2012. The Netherlands will restrict family reunification to spouses, registered partners, and minor children. Unmarried partners and children of the age of majority (18) will not be eligible any longer for family reunification.

Same-sex partners who by law in the country of origin of the partner are not allowed to marry are eligible for a temporary residence permit in the Netherland for a period of six months. Within these six months, the same-sex partners must marry in the Netherlands or register their partnership.