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New proicesses

October 2015

PEREGRINE NEWS
This month we have added 9 new immigration processes to Immiguru, including one new
destination country Zambia.
Immiguru now contains more than 1100 immigration processes to more than 90 destination
countries, which our 200+ partners help us to keep up-to-date to reflect changes to rules
and procedures around the world.
On 20 October, we hosted a webinar on the use of technology by governments for
immigration services in the Asia-Pacific region. See here for more details, slides and the
recorded webinar.
Peregrine will be exhibiting at the CIPD Annual Conference and Exhibition at Manchester
Central Convention Complex (formerly GMEX) from Wednesday 4 to Thursday 5 November
2015. We will be at stand G14, proudly exhibiting our immigration software products.
Sophy King will be at the FEM EMEA Summit 2015 on Friday 6 November at the Lancaster
London Hotel in London, and will be on a panel discussing Creating a Robust Frequent
Business Traveller and Commuter Policy.
We will also be attending, and sponsoring, the IBA Global Immigration Conference at the
Mandarin Oriental Hyde Park hotel in London from Wednesday 18 to Friday 20 November
2015. We are also hosting drinks at the Mandarin bar on Wednesday 18 November from
5pm to 7pm, so please come along for a chat before the IBA conference opening reception.

Table of Contents
ISRAEL APPLICATIONS FOR EXTRAORDINARY WORK PERMITS BEYOND 63 MONTHS NO LONGER ACCEPTED
SPAIN CITIZENSHIP FOR DESCENDANTS OF SEPHARDIC JEWS
NETHERLANDS MORE ENTRY VISA (MVV) EXEMPTIONS
SAUDI ARABIA NEW IDENTITY CARD FOR FOREIGN RESIDENTS
ISRAEL SHORT EMPLOYMENT AUTHORISATION (SEA) PROGRAMME EXTENDED TO 45 DAYS
BRAZIL AND MONGOLIA MUTUAL SHORT-STAY VISA EXEMPTION IMPLEMENTED
INDONESIA NEW RULES TO COUNTER ILLEGAL WORKING IN BALI
HUNGARY QUOTA INTRODUCED FOR NON-EEA NATIONAL WORKERS; PLUS CHANGES TO HEADCOUNT
STATEMENT REQUIREMENT
CHILE VISA EXEMPTION FOR CERTAIN CHINESE NATIONALS
INDONESIA AMENDMENT CLARIFIES RECENT RULES ON EMPLOYEE RATIOS AND BUSINESS ACTIVITIES
MORE FROM PEREGRINE

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

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ISRAEL Applications for


Extraordinary Work
Permits Beyond 63 Months
No Longer Accepted
Israels Interior Ministry has stopped
accepting applications for working permits
beyond 63 months, under instructions from
the Ministry of Finance and the Ministry of
Economy.
This is expected to delay current pending
applications for new and extension work
permits beyond 63 months, and halt further
applications for these extraordinary work
permits from being submitted.

Background
According to the Israeli law, an employer can
apply for a work permit and B-1 visa for a
foreign expert, for the maximum period of 63
months from the date of initial employment in
Israel.
Until recently, in exceptional cases, a special
application to extend the visa beyond 63
months could be submitted. Following legal
advice received by the Ministry of Finance and
the Ministry of Economy, the legality of the
current process is to be examined, re-verified
and then regulated accordingly.

Action Items
Expect delays in current pending
applications for new or extension
work permit applications beyond 63
months. The duration of the potential
delay is not clear at this time.

SPAIN Citizenship for


Descendants of Sephardic
Jews
Effective 1 October 2015, a new law (Ley
12/2015) grants Spanish citizenship to
descendants of Sephardic Jews.

Details
Under the new law, descendants of Sephardic
Jews will be granted Spanish citizenship
without first holding a residence status in
Spain, and without renouncing their
nationality, if they meet the required criteria.
Applicants must prove their Sephardic
background and show a special link to Spain,
such as donations to a Spanish charity or
investment in Spanish property.
Applicants over the age of 18 must also pass a
test of Spanish language and knowledge of
the culture and constitution of Spain. A
criminal record certificate will also be
required from any country in which the
applicant has lived during the previous five
years, as well as the applicants birth
certificate. The citizenship application must be
submitted online here before 1 October 2018
(although the deadline may be extended an
additional year).

Background
Spain and Portugal both expelled Sephardic
Jews in in the fifteenth century. Earlier this
year, a similar citizenship law came into effect
in Portugal, with looser qualifying
requirements. There are an estimated 3.5
million people of Sephardic heritage around
the world, but it is expected that only a small
proportion will apply for Spanish or
Portuguese citizenship.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Action Items
Consider a Spanish or Portuguese
citizenship application for employees
who are of Sephardic heritage.

NETHERLANDS More
Entry Visa (MVV)
Exemptions
Effective 1 October 2015, more categories of
foreign nationals planning to reside and work
in the Netherlands for over three months are
exempt from requiring an entry visa (MVV).

Who Benefits?
The following categories no longer need to
obtain a long stay visa (MVV) for stays longer
than 90 days in six months:
Individuals with a valid residence
status in another Schengen Country
applying in the Netherlands via a
Recognised Sponsor (Erkend
Referent), including highly skilled
migrants, scientific researchers,
labour migrants, students and foreign
nationals participating in exchange
programs;
Individuals with a valid work and
residence status in another EU
Member State providing cross-border
services in the Netherlands under the
notion of freedom to provide
services (as established under the
Van der Elst ruling);
Individuals applying for a start-up/
entrepreneurial residence permit in
the Netherlands.Foreign nationals in
one of these categories can now enter
the Netherlands on the basis of their
valid passports, foreign residence

permits and/or Schengen visas,


depending on their nationality.

What is the MVV?


The MVV (Machtiging Voorlopig Verblijf or
Provisional Residence Permit) is a Dutch entry
visa for stays exceeding 90 days in six months.
Nationals of EU countries, Australia, Canada,
Japan, Monaco, New Zealand, Switzerland and
the United States do not require an MVV.

Action Items
Note that visa national assignees in
one of the above categories can now
enter the Netherlands without
obtaining an MVV long stay visa..

SAUDI ARABIA New


Identity Card for Foreign
Residents
Effective 14 October 2015, Saudi Arabia has
introduced the Muqeem card, a new type of
resident identity card for foreign nationals
which replaces the previous Iqama card.

How does the Muqeem differ from


the Iqama?
The new Muqeem card is valid for five years,
so doesnt have to be replaced annually like
the Iqama. However, the information on the
Muqeem has to be confirmed online annually.
The new card will be machine readable at
checkpoints, banks, police offices and other
institutions, and it will be delivered by post
instead of collected in person.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Action Items
Note the requirement to confirm the
information on the Muqeem
residence identity card annually.

Once in Israel SEA holders can start work


immediately, but within two working days of
entry they should apply for a B1 work visa at
the MOI, which should be issued within two
working days. Multiple entry permits are an
available option within the permitted period.

ISRAEL Short Employment


Authorisation (SEA)
Programme Extended to 45
Days

The SEA permit applies only to visa waiver


nationals. Individuals who are required to
obtain visitor visas at the Israeli consulate
prior to entry (including Indian, Chinese and
Turkish nationals), cannot apply for work
authorisation under the SEA programme.

The work permit unit and the Ministry of


Interior (MOI) in Israel have announced that
the 30-day work authorisation programme
(SEA) has been replaced by a 45-day program,
effective 25 October 2015.

Action Items
Consider the SEA work authorisation
route for urgent, limited work trips to
Israel of up to 45 days in a year.

What has changed?


The new program allows for work activities in
Israel for up to 45 days total in a calendar
year, rather than for 30 days. A completed
affidavit form, declaring details of the short
term employment, to be signed by the Israeli
company representative and notarized, must
be submitted with the application.

What is the SEA?


Instead of the standard B1 work visa process
(a work permit application, followed by a
work visa application prior to entry) successful
applicants for an SEA permit will obtain an
expedited work permit approval allowing
them to enter Israel and work immediately,
with no further applications.
A separate application, must be submitted
prior to each entry, as well as in the case of
changing travel dates. The processing time for
SEA applications is 6-10 working days from
submission, approximately 8 weeks faster
than a standard consular B1 visa.

BRAZIL and MONGOLIA


Mutual Short-Stay Visa
Exemption Implemented
On 21 October 2015, the governments of
Brazil and Mongolia put into effect an
Intergovernmental Note on mutual exemption
from short-term visas, first signed in Brasilia
on 21 September 2015.

What Does This Mean?


Nationals from Mongolia holding valid travel
documents are now visa exempt to enter,
exit, transit and remain in Brazil for tourism
and business purposes for up to 90 days per
year, counting from the day of first entry. The
maximum period of 90 days may be extended
once by the authorities in Brazil for an
additional 90 days.
Brazilians can travel to Mongolia visa-free on
the same terms.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

However, Brazilians and Mongolians must


obtain the appropriate visa according to each
respective countrys law if intending to stay
longer than 90 days or to perform any paid
activities, for research/internship/study
purposes, to perform social work, to provide
technical assistance or to engage in
missionary, artistic or religious activities.

Action Items
Note that Mongolian and Brazilian
nationals can enter each others
countries visa-free for up to 90 days
for business or tourism, but not for
paid work.

INDONESIA New Rules to


Counter Illegal Working in
Bali
Effective 20 October 2015 until 31 December
2015, foreign nationals who have entered
Indonesia more than twice in a year, or who
have stayed in Indonesia for more than four
consecutive months, on a visa on arrival
(VOA), a tourist visa or a visa-free short visit,
are to be denied entry into Bali.

What Does This Mean?


At a meeting of government and tourism
organisations on 17 October, complaints were
made about the increase in foreign nationals
working illegally in Bali. Subsequently, the
Immigration Bureau in Jakarta issued an
instruction to the immigration authorities in
Badung District in the southern part of Bali,
tightening the rules for foreign nationals
entering Indonesia through Bali with a visa on
arrival, a tourist visa or a visa-free short visit
(nationals of 75 countries may qualify for the
latter).

Foreign nationals entering Bali from other


parts of Indonesia do not normally need to go
through immigration checks, but may still be
investigated by immigration officers under the
new stricter regime which aims to clamp
down on foreign nationals working without
the required authorisation.
Note that nationals of the following countries
can enter Indonesia visa-free for a short stay
for business purposes, and may be affected by
this new rule: Thailand, Malaysia, Singapore,
Brunei, Philippines, Chile, Morocco, Peru,
Vietnam, Ecuador, Cambodia, Laos, Myanmar,
Hong Kong and Macao. However, the change
should not affect business visa holders or
holders of temporary residence visas/permits.

Action Items
Ensure that foreign national travellers
to Bali have not already entered
Indonesia twice or more, or stayed in
Indonesia for more than four months,
in the last twelve months with a visa
on arrival, a tourist visa or a visa-free
short visit.

HUNGARY Quota
Introduced for non-EEA
National Workers; Plus
Changes to Headcount
Statement Requirement
Effective now, Hungary has imposed an
annual quota for the maximum number of
non-EEA (European Economic Area) nationals
who can be granted work permits.
Additionally, foreignowned companies
applying for work permits or combined work
and residence permits, must now submit a

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

statement of the number of non-EEA


nationals on their payroll or working on
assignment in the last quarter, instead of a
headcount statement for the last full calendar
year.

Quota
The quota, introduced by the Hungarian
government in August 2015, allows 59,000
work permits or combined work and
residence permits to be issued to non-EEA
nationals until the end of 2015. A new quota
will be announced each year.

Payroll Statement
In addition to a headcount statement as of
the day of application, a foreign-owned
company submitting an application for a work
permit or combined work and residence
permit must now provide a headcount
statement for the previous quarter, instead of
one for the previous calendar year.

Action Items
Ensure that the correct headcount
statement is supplied in support of an
application for a work permit
(including a short-term work permit
for under 90 days) or combined work
and residence permit;
Note the new quota and the
possibility that it may be filled before
the end of 2015.

CHILE Visa Exemption for


Certain Chinese Nationals

they can obtain a tourist visa at the port of


arrival in Chile.
Chinese nationals who do not have Canadian
or US visas can still obtain a tourist visa for
Chile from their consulate abroad, and the
normal visa fee will be waived.

What is the impact?


Visa-required nationals, such as Chinese
nationals, sent on assignment or locally hired
to work in Chile usually submit a work visa
application at a Chilean consulate abroad,
which requires the submission of legalized
documents, but allows them to start work on
entry.
Alternatively, they can obtain a tourist visa at
the consulate abroad, enter Chile and obtain a
short-term work permit for tourists in one day
which allows them to work while their postarrival work visa is being processed.
Chinese nationals holding Canadian or US
visas valid for a minimum of six months are
now able to enter the country more quickly,
by obtaining a tourist visa at the port of entry
instead of at a Chilean consulate, and can
then apply for the short-term work permit for
tourists and the post-arrival work visa as
usual.

Action Items
Companies considering sending
Chinese nationals to Chile for work
should check the applicants US and
Canadian visa status to ascertain
whether a consular visa application
can be avoided.

Chinese nationals holding Canadian or US


visas valid for a minimum of six months are
now exempt from the requirement to obtain a
consular tourist visa to enter Chile. Instead,

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

INDONESIA Amendment
Clarifies Recent Rules on
Employee Ratios and
Business Activities
Effective 26 October 2015, a new regulation
(35/2015) has been issued, amending the
regulation 16/2015 implemented in August
2015.
The most recent amendment eases the
required ratio of foreign to local workers,
allows business meetings without a work
permit and clarifies that foreign national
directors of Indonesian companies require
work permits but not stay permits to travel to
Indonesia for business meetings.

Ratio of Foreign to Local Employees


The previous regulation established that a
ratio of foreign national to local employees of
1:10 is required. The latest amendment
clarifies that a ratio of 1:1 is actually required.
However, if there are fewer than 10 local
employees per foreign national employee, the
Ministry of Manpower (MOM) may ask the
company to hire more locals, or issue
temporary work permits for only up to 6
months for some or all of the foreign national
employees.
In Indonesia, as elsewhere, the government
continues to try to protect jobs for local
workers, while business leaders push for less
regulation and more open immigration
policies.

headquarters or representatives in Indonesia,


which until then had only required a business
visa.
The latest amendment clarifies that the
following activities do not require an IMTA
and a KITAS:
Providing guidance, counseling, and
training in the application of industrial
and technological innovation to
improve the quality and design of
industrial products;
Giving lectures;
Attending a meeting held with
headquarters or representatives in
Indonesia;
Conducting audits, production quality
control, or inspection at the
company's branch in Indonesia, for
less than one month;
A foreign worker in a trial for their
capability to work.
The following activities do require an IMTA
and a KITAS:
Production of a film with a
commercial nature;
Conducting audits, production quality
control, or inspection at the
company's branch in Indonesia, for
more than 1 month;
Work related to the installation of
machinery, electrical, after-sales
service, or products in the exploratory
business period.

Activities Requiring a Work Permit

Foreign National Directors and


Commissioners

The previous regulation expanded the


requirement to obtain an IMTA (work permit)
and KITAS (stay permit) to various activities,
including business meetings held with

The previous regulation required foreign


national directors and commissioners of
Indonesian companies to obtain a work
permit for visits to Indonesia.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE


VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

The latest amendment confirms this, and


clarifies that foreign nationals in this category
do not require a stay permit (KITAS). They can
travel to Indonesia with a visa on arrival (VOA)
or a business visa, or visa-free depending on
nationality.

Action Items
Be aware of the continuing possibility
that the Ministry of Manpower will
not issue long-term work permits to
foreign national applicants if they are
not happy with the ratio of foreign
national employees to local
employees in the company.
Note that work permits are not
required for some business meetings,
training, lectures and short-term
audits and inspections.

MORE FROM PEREGRINE


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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 2015 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

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