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October

2014

PEREGRINE NEWS


Peregrine News Is a monthly digest of Peregrines global immigration news alerts. To see all
of our immigration news alerts, or to subscribe for regular updates, please visit
www.peregrine.im/news.
This month we have added seven new immigration processes to Immiguru. Immiguru now
contains immigration process data to more than 80 destination countries, which we work
hard to keep up to date to reflect daily changes to rules and procedures around the world.
Our new immigration software, Immigo, is now out of Beta testing. Immigo is an intelligent,
online case management system dedicated to global immigration management, and
powered by Immigurus up-to-date knowledge.
Immigo and Immiguru are showcased on our new website at www.peregrine.im, where you
can register for a free trial of both products.
Finally, please join us for a webinar on Van der Elst: Work Permit Exemptions Within the
EU on Tuesday 9 December at 13:30 GMT, featuring immigration attorneys and specialists
who are Peregrine Partners in six European countries. See below for further details.

Table of Contents
IRELAND CHANGES TO EMPLOYMENT PERMIT LEGISLATION ANNOUNCED AND IMPLEMENTED
2
PHILIPPINES ALIEN REGISTRATION PROGRAM LAUNCHED, VOLUNTARY FOR NOW
4
COLOMBIA NEW AUTOMATIC MIGRATION SERVICE FOR RESIDENT MERCOSUR AND CAN NATIONALS
5
KENYA WORK PERMIT ISSUANCES SUSPENDED
6
COLOMBIA RESTRICTIONS FOR ASSIGNEES ON HOME CONTRACT APPLYING FOR TP-4 WORK VISAS; ONLINE
REGISTRATION; EBOLA SURVEY
6
IRELAND NEW CONDITIONS FOR MINORS WITH IRISH VISAS
7
MOZAMBIQUE RECRUITMENT AGENCIES MAY NOT HIRE FOREIGN NATIONALS ON BEHALF OF THIRD PARTIES 8
UNITED KINGDOM CHANGES TO THE IMMIGRATION RULES FROM NOVEMBER 2014
8
PEREGRINE WEBINAR VAN DER ELST: WORK PERMIT EXEMPTIONS WITHIN THE EU
9
MORE FROM PEREGRINE
11

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

IRELAND Changes to
Employment Permit
Legislation Announced and
Implemented

The Department of Jobs, Enterprise and


Innovation (DJEI) has now announced a full
list of all the changes under the Employment
Permit (Amendment) Act 2014, which was
implemented by the Department on 1
October 2014. The changes are very
extensive and cannot easily be summarised
here; however, a list of the key changes
follows. Please contact us for more
information!

Creation of New Categories

to certain specific international


agreements);
A Sport and Cultural Employment
Permit;
A new Internship Employment Permit
(a one year maximum permit, issued if
the applicant is studying outside the
state and the relevant Work
Experience in Ireland is a requirement
for the completion of that course of
study.)
The Intra Company Transfer Permit
category continues to exist but has
undergone some changes (see below).
A Contract for Services Permit
category, which replaces the Contract
Service Provider class of Work Permit
Employment Permit.

Changes to Eligible and Ineligible


Categories Lists

The new law provides for nine different


purposes for which an employment permit
may be granted, as follows:

The new legislation has greatly expanded and


further defined the occupations on the Highly
Skilled Eligible Occupations list; i.e.
occupations for which applicants may be
granted a Critical Skills Employment Permit.

A new Critical Skills Employment


Permit to replace the existing Green
Card;
A new Spouse and Dependent
Employment Permit for spouses and
dependents of Critical Skills
Employment Permit holders;
A new General Employment Permit to
replace the Work Permit;
A new Reactivation Employment
Permit (for situations where a foreign
national who entered the State on a
valid Employment Permit but who fell
out of the system through no fault of
their own or who has been badly
treated or exploited in the workplace,
may work legally again);
A new Exchange Agreement
Employment Permit (issued pursuant

The Ineligible Categories List has also been


considerably expanded and further defined.

Quota/Ratio Rule
The new legislation retains and extends the
50:50 Quota Rule, whereby the Irish entity
may not have more than 50% non-EEA
national employees, to all applications, both
for new and renewal applications, regardless
of applicant (previously if the employee
applied, the 50:50 rule was waived.)
The new act does make some allowance for
the waiver of this requirement, including for
renewal applications for permits which were
originally issued prior to the Act, and for
enterprise start ups

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

New Application Forms

2014, was made redundant and the


redundancy occurred within the
previous six months. This waiver only
applies where the Department has
been notified of the redundancy
within four weeks of the date of
dismissal.

The DJEI has released new forms which can no


longer be filled out online. These new
application forms must be handwritten
(similar to old forms pre December 2013) and
require wet original signatures from all
parties involved.

Fee Changes

Labour Market Test

Application fees will remain the same;


however, if the application is rejected the DJEI
will only refund 90% of the fee.

The Act retains and extends the requirement


for a labour market test for all new
applications for General and Contract Service
Provider Employment Permits, regardless of
applicant (employer or employee) (previously
if the employee applied, then the labour
market test could be waived for Work
Permits).

However, now the fee for an employment


permit must now be paid by electronic
transfer: cheques will not be accepted. The
fee must be paid by the applicant i.e. the
employer/employee/connected person or
contractor, or their authorised agent.

Labour market tests may still be waived in


certain circumstances, as follows:

If an employee is married or in a civil


partnership with an EEA/Irish national there is
now no fee to the DJEI for an employment
permit.

Where the job is an occupation


included on the Highly Skilled Eligible
Occupations List
Where the job offer is in respect of an
eligible employment with a minimum
annual remuneration of 60,000EUR.
Where a recommendation from
Enterprise Ireland or IDA Ireland has
been made in relation to the job offer
Where the job offer is for a Carer of a
person with exceptional medical
needs and the non-EEA national has
been providing care to the person
before the application was made and
that person has developed a high
level of dependence on that non-EEA
national
In the case of a General Employment
Permit application, where the job is
offered to a non-EEA national who
held a General Employment Permit or
a Work Permit Employment Permit
and who, on a date after 1 October

Health Insurance Requirement


The employer must specify on applications for
General Employment Permits, Critical Skills
Employment Permits, ICT & Contract Service
Provider, the amount payable by the
employer for Health Insurance and the name
of the Health Insurance provider. Renewal
applications must be submitted with
documentary evidence from the employee
providing proof of payment.

Passport Expiry Dates


Employees passports must now be valid for
at least twelve months after the date of
application for both first time applications and
renewals (previously, for renewals, passports
only needed three months validity).

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Renewal Applications

PHILIPPINES Alien
Registration Program
Launched, Voluntary for
Now

Renewal applications (where applicable) must


now be submitted within 16 weeks prior to
the expiry date of current permit

Changes to Intra Company Transfer


Permits

On 1 October 2014, the Philippines Bureau of


Immigration (BI) initiated an Alien Registration
Program (ARP) to update its database of
foreign nationals, but has already announced
that it will not be mandatory for now, due to
implementation issues and the initial high
volume of applicants.

Salary Rule
For renewal applications, the employee must
have been earning at least the Irish national
minimum wage (8.65 per hour on a 39 hour
week) while in Ireland on ICT status. Wage
slips will have to be provided as proof of this.
Additionally, a breakdown of salary,
deductions allowances as well as payments
for board and accommodation and health
insurance that the assignee will receive is now
required for the application form.

Who Must Register, and Who Is


Exempt?
Between 1 October 2014 and 30 September
2015, a foreign national extending their stay
in Philippines beyond 59 days is required to
present themselves at the Bureau of
Immigration to register under ARP. Although
the BI has said that currently, registration is
not mandatory, this is likely to change in the
near future.

Signatures on Application Form


The Authorisation of Agent page on the
application form will now need to be signed
by the sending organisation, the Irish
organisation, the employee and the
authorised agent original wet signatures
from each are required. This will add
administrative time to applications.

For 9(a) Tourist Visa holders extending their


stay beyond 59 days, and Special Work Permit
holders, the ARP registration will be done at
the time of application for an Alien Certificate
of Registration Identity card (ACR I-Card).
Previously, a personal appearance was not
required for an ACR I-Card application in these
cases; it now is, since biometrics must be
taken.

Background
The new legislation, along with other recent
immigration reforms under the governments
Action Plan for Jobs, is aimed at increasing the
number of skilled graduates available in
Ireland, especially in Information and
Communication Technology (ICT) occupations.

Exemptions

Action Items

Those whose stay has not exceeded and will


not exceed 59 days are exempt. Also, foreign
nationals with a current, valid ACR I-Card
which required a biometrics interview at the
time of application (e.g. 9(g) Employment Visa
holders) are exempt from the requirement

These changes are likely to result in a


temporary slowdown in employment
permit processing times, while the
changes are implemented.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


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Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415





and will be registered under ARP on renewal
of their ACR I-Card.

COLOMBIA New
Automatic Migration
Service for Resident
MERCOSUR and CAN
Nationals

Also exempt are holders of certain classes of


visa, including the Special Non-Immigrant
47(a)(2) Visa and the Multiple Entry Special
Visa.

Procedure

Migration Colombia has launched the


Automatic Migration Service, allowing
Mercosur (Mercado Comn del Sur) and CAN
(Comunidad Andina) nationals currently
resident in Colombia to enter and exit the
country in an expedited manner.

The foreign national will have to give


biometric data including photographs and
fingerprints, submit an application form,
present valid proof of identity and pay a
processing fee at one of the participating BI
offices in the Philippines. They will be issued
on the day with a Special Security Registration
Number (SSRN), to be used in all further
transactions with the BI. They will also be
issued (later, by post) a new-style ACR I-Card
($50 USD + processing fee).

What Are the Benefits?


Subscribers to this service will be able to enter
and exit Colombia without queuing to have
their passports stamped. Instead, they can
scan an ID card with new machines now being
installed at international airports in Colombia,
thus saving time at the airport and space in
their passport.

Action Items
Note that ARP registration is still likely
to be mandatory, once early teething
troubles have been overcome.
Note that Special Work Permit
holders and those extending a 9(a)
Tourist Visa beyond 59 days must now
attend an interview in person to
obtain an ACR I-Card.
Ensure that any applicants awaiting
processing of a 47(a)(2) or MESV and
who will therefore be in visitor status
for more than 59 days register under
ARP.
Note that holders of expired ACR I-
Cards will be registered under ARP on
renewal of the ACR I-Card, and that
holders of valid ACR I-Cards may
voluntarily register under ARP and
obtain new card with SSRN for a fee.

Who Can Benefit?


Any nationals of Mercosur and CAN countries
who are resident in Colombia with a valid visa
and who have a computer-readable passport,
may qualify for the service.
Mercosur is made up of Argentina, Brazil,
Paraguay, Uruguay and Venezuela. Bolivia is in
the process of joining, and Chile, Colombia,
Peru, and Ecuador are associate members.
The Comunidad Andina, or CAN, is made up of
Bolivia, Colombia, Ecuador and Peru.

How to Register
Applicants must have their photograph and
fingerprints taken at a registration interview
at Migration Colombia, and pay an annual fee
of $150,000COP.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Action Items

COLOMBIA Restrictions
for Assignees on Home
Contract Applying for TP-4
Work Visas; Online
Registration; Ebola Survey

Note that the new Automatic


Migration Service may be a good
option for Mercosur and CAN
nationals resident in Colombia who
need to enter and exit the country
several times per year.

Local Contract Now Required

KENYA Work Permit


Issuances Suspended

The Ministry of Foreign Affairs of Colombia


has announced that it will strictly enforce a
rule requiring TP-4 Visa applicants to hold a
legal employment contract or a duly signed
and valid service contract with the sponsoring
company in Colombia.

The issuance of work permits has been


suspended, as the new Director of
Immigration, Major General Gordon
Kihalangwa, has disbanded the committee
which sits to deliberate over work permit
applications.

This requirement ensures compliance with


Article 7 in Decree 834, 2013.

What Does This Mean for Employers


and Assignees?

Therefore, although the immigration


department is still accepting work permit
applications, no new work permits will be
issued until a new committee is constituted.

In order to meet all TP-4 Visa sponsorship


requirements, all sponsoring entities in
Colombia must sign a fixed, indefinite-term
employment contract or a service contract
with the assignee. The Ministry of Foreign
Affairs will reject any application which does
not demonstrate that a suitable local contract
is in place.

When a new committee is eventually


reinstated it is likely that there will be
significant delays due to the backlog of
applications.
Those applicants who urgently need work
authorisation may apply for Special Passes,
which have not been affected. A Special Pass
enables business or short term work activities
in Kenya for a period of up to 90 days.

Therefore a home contract is no longer


accepted in support of a TP-4 visa application.
Note that this does not mean that an
applicant cannot retain their home company
contract; however, he or she must also hold
an employment contract or a contract for
services with the Colombian entity.

Action Points
Any applicant who urgently needs
work authorisation should apply for a
Special Pass.
Delays in work permit processing
should be expected even after the
new committee is formed.

Online Visa Registration


Migration Colombia has announced that it will
be possible for a foreign national to register a
visa online, at the Migration Colombia
website, within fifteen calendar days of entry
to Colombia or of visa issuance.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415





However, registration in person may still be
required, as the online system is still being
implemented.

Accompanied Minors
Minors (under the age of 18) in possession of
a visa issued on or after 13 October, which
indicates they are to be accompanied, must
be accompanied by the named person or
persons when they arrive at a port of entry in
Ireland or be denied entry

Ebola Virus Travel Checks


Effective 22 August 2014, all visa applicants to
Colombia must complete a questionnaire
which asks detailed questions about recent
travel in Ebola affected countries, including
Nigeria.

Note that if applications for the


accompanying childrens visas are submitted
to the Irish embassy at the same time as an
employment visa application for an
employment permit holder the childs visa
will automatically be endorsed with the
passport number for the principal parent (i.e.
the employment permit holder).

Action Items
Ensure that any assignee intending to
work in Colombia while on home
company contract also has a signed
employment contract or services
contract with the sponsoring
company in Colombia.
Note that a home company contract is
no longer accepted in support of the
TP-4 visa application.
Note that anyone who has recently
travelled in an Ebola affected country
may be refused a Colombian visa.

Where a child is travelling in the company of


one named adult, the name and passport
number of that person will be shown on the
visa. Where they are travelling with two
named adults, only the passport numbers of
both adults will be entered.
If one of the adults named on the childs visa
travels ahead to Ireland (to organise
accommodation, for example), that adult will
have to return to the country of origin and re-
enter Ireland accompanied by the child.

IRELAND New Conditions


for Minors with Irish Visas

In this case, and if the named adult is a visa-


requiring national, they will need to complete
GNIB (Garda National Immigration Bureau)
registration and obtain a re-entry or multiple
entry visa before they travel out of Ireland.

Effective 13 October 2014, visas for children


travelling to Ireland now include an
endorsement stating whether the child is
travelling accompanied or unaccompanied by
one or more parent, legal guardian or other
adult.

Should the holder of a visa endorsed with


"accompanied" or "unaccompanied" as above
reach the age of 18 years, the visa will be
treated as if it does not carry the
endorsement.

What are the Consequences?


These conditions apply to visas issued to
minors on or after 13 October, regardless of
whether the visa application was submitted to
the Irish embassy before 13 October 2014 and
may impact family travel plans.

Unaccompanied Minors
Minors in possession of a visa issued on or
after 13 October which indicates that they are
unaccompanied are permitted to travel

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415





unaccompanied, but are also permitted to be
accompanied by an adult.

UNITED KINGDOM
Changes to the Immigration
Rules from November 2014

Action Items
Ensure that any accompanying adult,
named in the remarks section of a
minors Irish visa, travels with that
child into Ireland, even if that adult
has already travelled to Ireland to
make living arrangements.

On 16 October 2014, the UK Home Office


released a Statement of Changes to the
Immigration Rules, in which amendments are
made across several categories of the UK
immigration system.

Main Changes to Tier 2 of the


Points-Based System

MOZAMBIQUE
Recruitment Agencies May
Not Hire Foreign Nationals
on Behalf of Third Parties

An assessment of whether a genuine vacancy


exists is being added to the Tier 2 (Intra-
Company Transfer) and Tier 2 (General)
routes.
This change empowers Entry Clearance
Officers and caseworkers to refuse
applications where there are reasonable
grounds to believe that the job described by
the sponsor does not genuinely exist, has
been exaggerated to meet the Tier 2 skills
threshold, or has been tailored to exclude
resident workers from being recruited, or
where there are reasonable grounds to
believe that the applicant is not qualified to
do the job.

According to a notice issued on 17 September


2014 by the Immigration Labour Directorate,
Provincial Labour Directorates in Mozambique
have been instructed not to accept work
permit applications for foreign nationals
submitted by private recruitment agencies for
the purpose of transfer to third party
employers in Mozambique. This regulation
has been in place since 2001 but has not been
strictly enforced to this point.
Recruitment agencies can now only hire
foreign nationals to cover their own staffing
needs in Mozambique and not on behalf of
their clients.

Depending on how it is interpreted by the


Immigration Service, this change may mark a
move away from a purely objective points-
based system.

Note that as Mozambique has just held


national elections further amendments may
be forthcoming.

Main Changes to Tier 1 (Investor)


This route is being reformed following
recommendations from the Migration
Advisory Committee (MAC), and will see an
increase in the minimum investment
threshold from 1million to 2million, as well
as several other rule changes, effective 6
November 2014.

Action Points
Ensure that foreign national workers
are hired directly by the host entity
and not by recruitment agencies.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415





The 5 million and 10 million routes still exist
for Tier 1 (Investor) applicants wishing to
benefit from accelerated settlement.

PEREGRINE WEBINAR Van


Der Elst: Work Permit
Exemptions Within the EU

Business Visitors
The Business Visitor route is being expanded
to include new eligible activities as follows:

Join us for a webinar on Tuesday 9 December


2014 at 1.30PM BST (UK time). The webinar
topic is Van der Elst: Work Permit
Exemptions Within the EU and is free to
attend for Peregrines Immiguru clients and
partners. Places are limited and will be
allocated on a first-come-first-served basis, so
please contact us at info@peregrine.im to
book your spot now.

allowing scientists and researchers to


share knowledge, expertise and
advice on an international project
which is being led by the UK;
creating a provision for overseas
lawyers, who are employees of
international law firms which have
offices in the UK, to provide direct
advice to clients in the UK on litigation
or international transactions provided
they remain paid and employed
overseas;
allowing graduates of an overseas
nursing school to be admitted as a
Business Visitor in order to the sit the
Objective Structured Clinical
Examination (OSCE).

Webinar Summary
Van der Elst is an immigration route
whereby non-EU nationals who are legally
employed in one EU member state may be
sent for short term work or services to
another EU state without the need to obtain
an additional work permit.
However, Van der Elst is the result of a
Tribunal of Justice ruling and has never been
properly regulated in the form of an EU
Directive. It is therefore applied very
differently in different EU member states

Other Changes
There are also some changes to the other Tier
1 routes (General, Entrepreneur and
Exceptional talent) as well as to the appeals
system for students under Tier 4. There are
also several other minor changes; please see
the full Statement of Changes for more details
or contact us if you have questions.

Join us to learn more about this unusual and


confusing immigration route, and how you
might be able to use it to save time and cost
when moving workers between EU member
states.

Action Items

The webinar will be presented live, and there


will be an opportunity for attendees to ask
the speakers questions directly.

Note that the Statement of Changes


gives greater discretion to Entry
Clearance Officers to use their
judgment to assess the genuine need
for a Tier 2 applicant.

Presenters and Speakers


The webinar will be hosted by Sophy King,
Managing Director of Peregrine Immigration
Management Ltd.

For a more detailed assessment of the


Statement of Changes, please contact us or
one of our partners directly.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415





Sophy will be joined by the following
immigration attorneys and specialists from
the region, who will briefly present an
overview of Van der Elst and how (or if!) it can
be used in their countries:

allocated on a first-come-first-served basis, so


please contact us at info@peregrine.im to
book your spot now.
If you already have questions about Van der
Elst for our panel, please also feel free to
submit these in advance.

Belgium: Bernard Caris from Praetica


France: Fiona Mougenot from Expat
Partners
Ireland: Claire Jacobs and Aislinn
Stanton from Corporate Care
Italy: Marco Mazzeschi from
Mazzeschi
Spain: Ana Garicano Sol from
Sagardoy Abogados
Switzerland: Friederike Ruch from
Convinus

There will be a small administration charge of


25GBP per person for attendance, which will
be waived for Peregrines existing Immiguru
clients and partners.

Some Feedback from Our Last


Webinar
Our last webinar was on 7 October and dealt
with immigration into Africa. Here are some
of the comments we received afterwards. If
you missed this one, let us know and we will
gladly share the contact details of our
speakers and the webinar notes!

Who Should Attend?


HR and mobility managers interested in
mobility of non-EU national employees within
the EU. Professional service providers are also
welcome to attend.

Thank you! The webinar was really


good and useful.
The notes and questions follow up are
very much appreciated, and I certainly
enjoy the format. Thanks for the seat,
I thoroughly enjoyed it.
Thank you very much - great
information.
Thank you Maude and Peregrine for
organizing such an interesting
webinar.

More About Peregrine


Peregrine is a new kind of global immigration
consultancy that wants to give real
immigration knowledge and power to
businesses. We have a consultative and
knowledge building approach to immigration
management. Peregrine has developed
Immiguru, an interactive, global immigration
knowledge database containing information
on more than 800 different corporate
immigration processes to over 80 different
countries, and has also recently launched
Immigo, an interactive immigration case
management system, powered by the data
within Immiguru.

Book Your Place

The webinar will be held at 13.30 GMT (UK


time) on 09 December 2014 and is scheduled
for one hour. Places are limited and will be

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

MORE FROM PEREGRINE


Remember, all our news alerts can be found at
www.peregrine.im/news.
You can subscribe to our alerts from our
website, or follow @peregrineim on Twitter.
For more information about Immiguru,
Immigo and our other services, please visit
www.peregrine.im.
For any enquiries please contact
info@peregrine.im or +44 (0)20 7993 6860.

DISCLAIMER: The information contained in this immigration
newsletter has been abridged from laws, court decisions, and
administrative rulings and should not be construed or relied
upon as legal advice. If you have specific questions regarding
the applicability of this information, please contact Peregrine
2014 Peregrine Immigration Management Ltd.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32


Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415