from ABIL Global Immigration Update

Tuberculosis (TB) testing requirements now form part of the visa application process for people planning to come to the UK for more than six months, as of December 31, 2012. This follows the UK government's announcement in May 2012 of tuberculosis testing as a requirement of the visa application process for certain countries. The UKBA already rolled out pre-entry TB screening in India beginning on August 16, 2012.

Visa applicants in Malaysia now need to undergo pre-entry TB screening and obtain a certificate verifying that they are not infected with TB before they can obtain a visa to enter the UK for more than six months. Testing will not be required for those traveling to the UK for less than six months; for example, for short-term business or tourism. Only UKBA-approved clinics may carry out the screening.

MORE INFORMATION ON TB TESTING IN MALAYSIA FOR VISA APPLICANTS

Nepal is also one of the 67 countries that has a high incidence of TB, according to the World Health Organization. Pre-entry screening is being introduced there on January 2, 2012, for visa applicants wishing to travel to the UK for more than six months.

MORE INFORMATION ABOUT THE TESTING PROCESS, REQUIREMENTS AND APPROVED CLINICS IN NEPAL

South Africa and Zimbabwe are the latest to be added to the list of countries where compulsory tuberculosis testing of visa applicants will take place for those applying to come to the UK for more than six months. South Africa and Zimbabwe have been identified by the World Health Organization as one of the 67 countries with a high incidence of the disease. The testing will need to take place at an approved test center.

MORE INFORMATION ON TB TESTING IN SOUTH AFRICA

ZIMBABWE ANNOUNCEMENT

from ABIL Global Immigration Update

The Russian government has approved several new decrees and laws, and extended the list of non-quota positions.

The Ministry of Labor of the Russian Federation approved Decree #567n on November 30, 2012, "On distribution of the quota approved for work invitation letters for 2013 among regions of the Russian Federation." 410,126 quota slots have been approved for the entire territory of the Russian Federation (last year it was 460,510 slots); 21,445 will go to Moscow, and 27,337 to Saint Petersburg.

The decree came into force on December 31, 2012. An expected decree on quota distribution between companies-employers has not yet been officially published.

In addition, the Ministry of Health and Social Development approved and published Decree #568n on December 3, 2012, on non-quota positions for 2013. This decree took effect on January 6, 2013, and companies that plan to use non-quota positions for employment of foreign nationals were able to begin the process immediately after January 9, 2013.

The list of non-quota positions has been extended and includes 59 positions

1    Circus performer     
2    Ballet performer     
3    Ballet performer (principal)     
4    Artist-musician (opera and chamber)     
5    Artist-musician (principal)     
6    Actor     
7    Orchestra performer     
8    Symphony (chamber) orchestra performer     
9    Deputy production director     
10    Deputy art director     
11    Ballet master     
12    General director of a joint stock company      
13    General director of a joint enterprise      
14    General director of an enterprise      
15    General director of general directorship      
16    General director of an inter-industry scientific venture     
17    General director of a production facility      
18    Senior principal engineer of a project     
19    Senior principal engineer (in industry)       
20    Director of the department      
21    Director (head) of a branch office      
22    Director of a plant       
23    Director of economic affairs      
24    Head of the Representative office     
25    Director of a factory      
26    Director (head, representative) of directorship      
27    Director (head, executive) of an enterprise      
28    Director of a firm      
29    Director of a joint stock company      
30    Director of a joint enterprise      
31    Band Director     
32    Deputy Chairman of the Board      
33    Sound engineer     
34    Sound supervisor     
35    IT security engineer      
36    Engineer of automation and mechanization of production procedures     
37    Industrial engineer     
38    Engineer for production control system     
39    Engineer for automatic process control system     
40    Engineer for realization of new technology     
41    Quality engineer     
42    Setting and testing engineer     
43    Engineer for production management and control     
44    Pre-production engineer     
45    Engineer-welder     
46    Design engineer     
47    Electrical engineer     
48    Ringmaster     
49    Stunt coordinator     
50    President of a consortium (consolidated group, corporation, etc.) (socio-economic entity)
51    Chairman of the Board      
52    Stage manager     
53    Production director     
54    Ballet coach     
55    Drilling technician     
56    Setting and testing technician     
57    Technician     
58    Choreographer     
59    Art director

from ABIL Global Immigration Update

There are new conditions for eligibility for two types of citizenship and a renewed focus on compliance issues.

The Nationality Act changed drastically effective January 1, 2013. It has become more difficult to obtain Belgian citizenship on the basis of residence, and requests for Belgian citizenship can no longer be filed from abroad. These changes do not apply, in general, to foreigners to whom Belgian citizenship can be attributed, for example, on the basis of their parents' nationality or birth in Belgium. The "old" rules with regard to eligibility and processing continue to apply to applications filed before January 1, 2013.

The following summarizes the new conditions for eligibility for two procedures for obtaining Belgian citizenship:

Naturalization

• The applicant must have an authorized stay in Belgium at the time of the filing of the application. This means that the applicant must be entitled to a residence permit valid for indefinite term or to permanent residence;
• The applicant must be at least 18 years old at the time of the application;
• The applicant must have had, or can offer, exceptional merits for Belgium on scientific, sport, or socio-cultural levels and can thus contribute to the international prestige of Belgium. The merits are now well-defined in the Nationality Act. For example, an athlete can be eligible if he or she meets the international or Belgian selection criteria for a European championship, a world championship or the Olympics, or if he or she is deemed, in the opinion of the relevant sports federation, to provide potential added value for Belgium for qualifiers or the final tournament of a European championship, a world championship or the Olympics;
• The applicant must explain and justify why he or she cannot obtain Belgian citizenship through a declaration of nationality.

Declaration of Nationality

This is possible at the earliest after five years of legal stay in Belgium, combined with the knowledge of one of the three national languages of Belgium, and proof of social integration and economic participation. The Nationality Act includes specific criteria for this social integration and economic participation.

Lapsed/Revoked Citizenship

Under the new Nationality Act, the Belgian court can declare citizenship lapsed/revoked in the event of certain criminal convictions or if citizenship was obtained through a marriage that has been annulled as a fake marriage. Contrary to the other new rules, these new rules on loss/lapse/revocation of citizenship are immediately applicable on pending applications as of December 24, 2012.

from ABIL Global Immigration Update

As of December 13, 2012, the United Kingdom made changes to the Nationality Instructions that affect anyone applying for citizenship on or after that date. The main changes deal with criminality and how it is assessed in terms of the good character requirement in citizenship applications. Some of the main amendments are summarized below:

• Applications made on or after December 13, 2012, that include a criminal conviction will no longer be assessed against the Rehabilitation of Offenders Act 1974. Instead they will be measured against a new set of sentencing limits.
• Where an application features a sentence of four years or more in prison, this can never fall outside a sentencing threshold. Such an application for citizenship will likely be refused.
• Police cautions will be considered in determining whether someone meets the good character requirement.
• In the case of a non-custodial offense, applications will be refused if the conviction occurred in the last three years.
• Other examples of matters that could be taken into account when considering good character include failure to pay appropriate taxes, a TV license, or council tax, or repeatedly receiving fixed penalty notices.

from ABIL Global Immigration Update

On December 10, 2012, Italy's Ministry of Interior provided clarifications on Blue Card eligibility requirements.

In addition to the apostilled and translated educational degree (at least a three-year degree course), the authorities now also require the individual's professional position to be validated by the Italian Ministry of Education. This new requirement has been enforced by the Immigration Authorities according to the Ministry's official notification number 7591 of December 7, 2012.

To obtain the Ministry’s validation, the following documents are required:

• Original Diploma, translated into Italian language and legalized with the apostille/consular stamp;
• Certified copies of university transcripts, translated into Italian and legalized with the apostille/consular stamp;
• Declaration of Value issued by the relevant Italian consulate. The Declaration of Value is an official document that provides a short description of a certain academic or professional qualification, awarded to a specific person by an institution belonging to an educational system other than the Italian one.

from ABIL Global Immigration Update

The Ministry of Home Affairs recently revised the guidelines on tourist visas in a notification dated November 23, 2012, and published on December 4, 2012. The Indian government has lifted the two-month gap between two consecutive visits to India by foreign nationals. However, nationals of Afghanistan, China, Iran, Pakistan, Iraq, Sudan, Bangladesh, foreigners of Pakistani and Bangladeshi origin, and "stateless persons" are exempted from this new rule and the two-month gap rule will continue to apply to them.

The above exempted nationals will still need to apply for a re-entry visa if they wish to visit India within two months from the prior visa. This permit is granted only if the need is urgent, and not for business activities or employment or for pursuing studies/research. "Urgent" within the tourist visa category could mean something like coming back to look after a sick relative. It should be a compelling and emergent reason that requires the tourist to come back to India within two months. It will only be granted to one who has already received a tourist visa, has traveled to India, and now wishes to enter India again within two months as a tourist.

If the visa holder is traveling to neighboring countries of India for tourism on the same itinerary, no permit is needed as long as the trip follows the itinerary exactly. The visa holder must carry a copy of the itinerary to show the Immigration Officer.

The tourist visa restriction was introduced in November 2009 in the aftermath of the Mumbai terror attacks when it was found that Pakistani American David Headley had breached security norms to visit India several times over a period of three to four years. A fall in tourist inflow led the government to rethink its decision and issue the new notification in December 2012.

In the order announcing this change, the Ministry of Home Affairs stated, "the provision relating to the two-month gap between two visits of a foreign national to India on a tourist visa has been reviewed by the government. It has now been decided…to lift the restriction of two-month gap on re-entry of foreign nationals coming to India."

ANNOUNCEMENT

from ABIL Global Immigration Update

Following the roll-out of Biometric Residence Permits (BRP) to all in-country visa applicants starting on February 29, 2012, it became apparent that some visa applicants who had already submitted an application before that date had not fulfilled this new requirement.

As of December 1, 2012, all applicants who have an outstanding application that pre-dates February 29, 2012, will now need to supply the UKBA with their biometric data. The UKBA is sending all affected applicants details of how to apply for a BRP. This is to ensure that as of December 1, the UKBA is only issuing this immigration status document in the new format.

BRPs are replacing older forms of documentation and the new format is helping employers and other bodies to check the immigration status and entitlements of foreign migrants.