ABIL-Immigration-Updates
FOLLOW ABIL
  • U.S. Blog
  • Global Blog
  • ABIL Home
  • ABIL Lawyers
  • News & Articles
  • More Immigration Blogs
    • ABIL Lawyers' Blogs
    • Immigration Blog Aggregator
  • Contact Us

BELGIUM: Working on Implementation of the European Union (EU) Blue Card Directive

7/1/2012

0 Comments

 
from ABIL Global Immigration Update

Belgium is working on implementation of the European Union (EU) Blue Card directive; there is an increasing focus on compliance; and a potential future change relates to the transfer of legislative power regarding work permits from the federal level to the regions.

Work Permits; Implementation of the EU Blue Card Directive

The Belgian work permit system is a very business-friendly model in practice. The "regular" work permit, with a resident labor test, has become very rare in the corporate immigration context. "Fast-track" work permits, without a resident labor test, can be obtained quite fast, within two to three weeks after the date of filing of the application.

The economic recession has not led to drastic changes to the Belgian work permit system. However, one protective measure, regarding Bulgarian and Romanian nationals, should be mentioned:

  • In principle, European Union (EU) nationals may work in Belgium without work permits, on the basis of the right of free movement of workers.
  • For Bulgaria and Romania, which joined the EU on January 1, 2007, restrictions on this right of free movement of workers were maintained during an initial transition term until the end of 2008. That was prolonged for another three years, until December 31, 2011. The Belgian government has decided to continue the restrictions until December 31, 2013. As a rationale for this decision, the government explicitly referred to the expected economic recession in 2012/2013 as well as to similar decisions of neighboring countries to maintain the restrictions.
In other developments, the Belgian Parliament and the Minister of Employment are currently working on implementation of the EU Blue Card Directive.

The available texts indicate that the Blue Card will exist alongside the current fast-track work permit B for highly skilled employees. The salary threshold for a Blue Card in 2012 will probably be €49,995, which is higher than the current threshold for a highly skilled work permit B (€37,721 for 2012).

The Belgian authorities will probably choose not to take professional experience into account to prove "higher professional qualifications," but a higher education will be required, on condition that the studies needed to acquire it lasted at least three years. Belgium will probably not apply numerical limits.

Focus on Compliance

New Code on Labour and Social Security Criminal Law. A new Code on Labour and Social Security Criminal Law took effect on July 1, 2011. It mainly codifies existing compliance rules with regard to labor and social security law-related issues, including employment of foreigners, but also creates new compliance rules.

Unauthorized/illegal employment of a foreigner who is not entitled to live in Belgium more than three months is among the infringements that are considered very serious ("type 4" infringements).

The potential penalties for such infringement include a jail term of six months to three years and/or a criminal fine between €3,600 and €36,000 per employee, with a maximum of €3,600,000 (€36,000 x 100). Furthermore, the employer may be prohibited from operating the business for a limited time, between one month and three years. The court may also order closure of the company for the same duration.

The same two accompanying penalties (prohibition from operating the business and closure of the company for a limited time, between one month and three years) may be imposed upon "HR advisors," largely defined as professionals providing advice or help to one or more employers or employees with regard to the carrying out of obligations as sanctioned by the Code, either for their own account or within an entity. According to some comments to the Code, HR consultants and payroll personnel are included in this category, but probably not lawyers or notary publics (although they may risk being an accomplice to an infringement). The courts can only impose these two accompanying penalties if they are deemed necessary to stop an infringement or to avoid repeat offending, provided that they are in proportion with overall socio-economic interests.

If the Public Prosecutor determines that this infringement does not justify criminal prosecution, an administrative fine may be imposed, ranging between €1,800 and €18,000 per employee, with a maximum of €1,800,000 (€18,000 x 100).

The Belgian authorities are working on implementation of the EU Illegals Employment Directive. A first proposal of an Act has been prepared but the text is not yet publicly available. The new Act may include the following:

  • The basic principle is that employers cannot employ a person who is not an EU citizen, who does not enjoy the right of free movement, and who is present on the Belgian territory, without that person meeting the requirements for stay or residence in Belgium. The employer must check the residence documents of the potential employee before employment. Furthermore, the employer must keep a copy of these documents available for inspection and notify the competent authorities of the start of the employment.
  • The new Act provides effective, proportionate, and dissuasive sanctions against employers who employ unauthorized third-country nationals in Belgium. These include general financial and criminal sanctions. The employer may also be liable to pay any outstanding remuneration to the employee. Finally, the employer may be required to pay taxes and social security contributions to Belgium.
  • If the infringing employer is a direct subcontractor, the contractor will also be severally liable, unless the subcontractor states in writing that it does not employ unauthorized employees. If the infringing employer is an indirect subcontractor, the contractor can only be severally liable after notification by the social inspection services and only up to the salary as of the date of such notification.
  • Employees may exercise their rights before the court, as may representative organizations for employers or employees and the Centre for Equal Opportunities and Opposition to Racism (an independent government agency that fights discrimination and racism and that assists victims).
Draft Act on increased coordination of inspection of illegal employment and fraud. On June 22, 2012, the Belgian federal government agreed to a draft Act that approves a cooperation agreement between the inspection departments on federal (Belgium) and regional (Brussels, Flanders, and Wallonia) levels. According to a press release on June 23, 2012, the aim is to enhance the cooperation between the inspection departments at the different levels "primarily in order to inspect the employment of foreign employees."

Potential Change: Transfer of Legislative Power From Federal to Regional Level

A potential future change relates to the transfer of 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 and the general policy statement of the federal Minister of Employment both mention the transfer of legislative authority regarding economic migration to the regions.

No specific steps have been taken yet to initiate this process. It is not yet clear whether, when, and to what extent the transfer of legislative power will be implemented. This could lead to different rules for Brussels, Flanders, and Wallonia.

0 Comments

UNITED KINGDOM: EU Children Travelling on Parents' Passport

6/25/2012

0 Comments

 
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.
0 Comments

NETHERLANDS: Sanctions on Iran – Consequences for Iranian Nationals and Residency in the Netherlands

1/23/2012

0 Comments

 
from ABIL Immigration Insider

The Security Council of the United Nations (UN) and the European Union (EU) have imposed sanctions on Iran because its government is pursuing a nuclear program. The European Union has also announced sanctions in connection with human rights violations in Iran.

On January 23, 2012, the EU decided to expand sanctions against Iran (Council Decision 2012/35/GBVB). This regulation now also focuses on key areas of the petroleum and natural gas (petrochemical) industries.

The Dutch Immigration Service will defer the handling of applications of Iranian labor and highly skilled migrants, Iranian scientists, and Iranian self-employed persons who wish to work in these sectors (including the applications of their family members) until it is known how this regulation should be applied to residence applications from Iranians.

Applications for renewal of residence permits of Iranian nationals and their family members already residing in the Netherlands in the aforementioned sectors are also deferred. Applications from Iranians who are not working in the sanctioned sectors will be processed as usual.
0 Comments

EUROPEAN UNION: New EU Immigration Portal Launched

11/18/2011

0 Comments

 
____from ABIL Global Immigration Update

The European Commission has launched a new EU Immigration Portal.

The European Union (EU) Immigration Portal contains practical information for foreigners intending to move to the EU. The website includes specific immigration information for every EU Member State and for every category of foreigner (from highly skilled migrant to family reunification). The website is an initiative by the European Commission and was launched on November 18, 2011.
0 Comments

ITALY: Requires Fingerprints for North Africans

10/11/2011

0 Comments

 
from ABIL Immigration Insider

Italy now requires fingerprints for short-term visas (business and tourism) for North Africans, as part of a larger European Union effort.

As of October 11, 2011, the Italian consulates in Algeria, Egypt, Libya, Mauritania, Morocco and Tunisia now require fingerprints for individuals applying for short-term Schengen visas (maximum of 90 days for business and tourism). This is intended to improve border control and to expedite the issuance of future visas to those already registered in the Schengen Visa Information System (VIS).

It is expected that this requirement will be enforced in other Italian consulates in the Schengen Area within the next two years. Other European Union (EU) consulates are following suit, as part of a larger EU effort to include fingerprints of visa applicants from North African countries in a database that connects all 25 countries in the Schengen "border-free" zone.
0 Comments

EUROPEAN UNION: EU Blue Card

7/1/2011

0 Comments

 
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.
0 Comments

EUROPEAN UNION: A8 Restrictions Lifted

5/1/2011

0 Comments

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

The previously restricted A8 member countries of the Czech Republic, Poland, Hungary, Slovakia, Slovenia, Estonia, Latvia and Lithuania are no longer limited in their access to work, housing rights and other social benefits in the European Union as of May 1st. Austria, Germany and the UK were the last of the pre-existing EU members who continued to enforce transitional restrictions on the A8 countries, but they too have finally lifted their bans. Switzerland has offered the same to those A8 nationals under local agreements.

Bulgaria and Romania, also known as A2 countries, are the only remaining EU/EEA members who continue to face work permit restrictions in a number of the other countries in the region.
0 Comments

ITALY: Special Emergency Temporary Permits of Stay for North African Nationals

4/11/2011

0 Comments

 
by Marco Mazzeschi, ABIL Lawyer
Mazzeschi Srl

With the increasing problem of illegal immigrants landing on the Italian island of Lampedusa, Prime Minister Berlusconi took advantage of a law regarding the issuance of emergency temporary permits of stay. Pursuant to the law, permits of stay can be issued in cases of war, humanitarian reasons, natural disasters and other notable events for those coming from non-European Union countries. For North African nationals that have arrived in Italy between January 1 and April 5, permits of stay will be issued that have a duration of 6 months. Excluded from receiving the permits are those who entered before 2011, are considered dangerous or with criminal records, or were previously expelled from Italy.The permits must be requested by April 15th at the Questura (main police station) and grants the holder the possibility to also travel throughout the Schengen area. Some countries like France and Germany as well as the EU commission have raised concerns about the validity of these permits in the Schengen area.
0 Comments
    Picture

    TO SUBSCRIBE

    Click the RSS Feed below

    RSS Feed

    ABIL GLOBAL

    In ABIL our lawyers have leveraged their resources and stature to help corporate clients truly manage global mobility. We provide a "one-stop shop" with global coverage customized to address international migration needs through combined experience and an extensive, worldwide, and closely affiliated network of immigration lawyers.

    Archives

    May 2014
    January 2014
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011

    Categories

    All
    457 Visa
    A8
    Academics
    Accelerated Labou Market Opinion Program
    Accelerated Lmo Process
    Accredit Sponsor Status
    Algeria
    Alien Registration Card
    Application Fees
    Australia
    Belgium
    Biometric Residence Permit
    Blue Card
    Blue Card Directive
    Border Force
    Brazil
    Bric
    British Nationality
    Brp
    Bulgarians
    Bureau Of Professional Immigration
    Business Visitors
    Business Visitors Regime
    Canada
    Children
    China
    Cic
    Citizenship
    Citizenship And Immigration Canada
    Code On Labour And Social Security Criminal Law
    Columbian Citizen
    Compliance
    Conservatories
    Consulates
    Contract Of Stay
    Croatia
    Department Of Work And Pensions
    Director General Of Home Affairs
    Doctor
    Documentation
    Dutch Immigration Service
    Dutch Knowledge Migrant Scheme
    Eea
    Egypt
    Electrical Engineer
    Electronic Travel Permit
    Emergency Termporary Permit Of Stay
    Employment Of Foreigners Act
    Enforcement
    Entrepreneur
    Entry And Exit Draft Law
    Ethics
    Eu
    Eu Blue Card
    European Economic Area
    European Union
    European Union Citizen
    European Union Immigration Portal
    Exceptional Talent
    Exit Adminstration Law
    Fair Work Act
    Family
    Family Reunification
    Federal Migration Service Of Russia
    Fm2
    Fm3
    Foreign Students
    France
    Free Trade
    French Labor Code
    Germany
    Global
    Good Character
    Grandparents
    Health Insurance
    Health Insurance Center
    Highly Educated Foreigners Scheme
    Highly Skilled Workers
    Home Secretary
    Immigration Rules
    Ind
    India
    Integration Agreement
    Intracompany Transferees
    Investor
    Investors
    Iran
    It
    Italy
    It Workers
    Japan
    Job Centre Plus
    Labor Market Opinions
    Labor Market Option
    Labor Market Tests
    Lafha
    Libya
    Life In The Uk Test
    Limosa
    Living Away From Home Allowance
    Lmo Applications
    Malayasia
    Mauritania
    Mechanical Engineer
    Mexican Citizen
    Mexico
    Migration Advisory Committee
    Minimum Salary
    Minister For Immigration And Asylum
    Modern Migration Policy Act
    Morocco
    Mvv
    Nationality Act
    Nationality Law
    National Social Ecurity Intitute
    Naturalization
    Nepal
    Netherlands
    Net Migration
    Non-quota Positions
    Normative Resolution No 87
    Normative Resolution No 88
    North Africa
    North Africans
    Olympics
    P1 Work Pass
    P2 Work Pass
    Parents
    Permanent Entry Employer-nominated Program
    Permanent Residence
    Peru
    Peruvian Consular Rules
    Points-Based System
    Professional Immigration
    Professional Immigration Legistlation
    Professionals
    Quebec Permanent Resident Applications
    Quotas
    Q Work Pass
    Reduced Wait Times
    Registration Requirements
    Residence Permit
    Residency Management System
    Romanians
    Russia
    Salary
    Salary Threshold
    Same-sex
    Same Sex Partners
    Same-sex Partners
    Schengen
    Scrutiny
    Selective Professional Migration
    Service Canada
    Settlement
    Short-Term Visa
    Significant Investor Visa
    Singapore
    Skilled Workers
    Smic
    Sms
    Social Security
    South Africa
    South African Department Of Home Affairs
    Sponsor Licence
    Sponsor Management System
    Spouse
    Statement Of Changes In Immigration Rules
    S Work Pass
    Taxes
    Tb Testing
    Technical Assistance Visa
    Temporary Foreign Worker
    Text Messages
    Third Country Nationals
    Tier 1
    Tier 2
    Tier 4
    Tourist Visa
    Treaty
    Tuberculosis
    Tunisia
    Turkey
    Uk
    Ukba
    Uk Border Agency
    Uk Border Force
    Uk Home Secretary
    United Kingdom
    Universal Jobmatch
    Universities
    Venezuelan Citizen
    Visa Extensions
    Visa-Free Transit Entry
    Work Permit
    Work Permit Quota
    Work Permit Regime
    Work Permits
    Work Quotas
    Work Visas
    X Visa
    Yms
    Youth Mobility Scheme
    Zimbabwe

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Mrs Logic