New Zealand: recent immigration updates
Immigration New Zealand (INZ) has implemented several changes to the immigration rules and procedures:
- Partners and dependent children can now make visa applications online
- The minimum salary threshold has been updated for certain essential skills visa holders
- New Zealand will no longer place physical visa labels in passports
Online visa applications for dependents
Partners or dependent children can now apply online for a visitor, student, work or residence visa based on the immigration status of the principal visa holder.
The principal visa holder must be either a New Zealand citizen or a visa holder (resident, work or student type).
Applications can now be submitted as a family group together with the principal applicant. Applicants can now upload their documents to an online portal. There is no need to send individual documents. This should speed up the application process.
Minimum income thresholds
INZ has adjusted minimum income requirements annually to ensure that visa holders can support themselves and their dependents.
On July 1, 2018, the minimum income for ”Essential skills” and ”Religious worker” visa holders with dependent children in New Zealand, increased to NZD 42,944. This threshold is different to the skill band remuneration for Essential skills visas.
Visa labels
Effective July 4, 2018, physical visa labels will no longer be issued by INZ, unless specifically requested by an applicant and for a fee.
eVisas will now be issued. These need to be printed out and carried with the physical passport when travelling. eVisas can be used immediately after they are issued. Physical passports no longer need to be sent for label endorsement. The only exception is for students using ”Provider Direct”. INZ will review the use of labels for Provider Direct in 2019.
This update was prepared using information from New Zealand Immigration.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon, Regional Immigration Manager, APAC.
Russia: changes to registration address rules
Companies have faced challenges with the new registration laws that came into effect on July 08, 2018, due to several migration offices not accepting applications where housing is provided by an employer through a lease, rather than directly by landlords.
Authorities see the landlord as the only legitimate host party. Moreover, the terms of the lease contract detailing that the landlord has temporarily leased housing to a company, have been ignored. Where officials recognize the company as the legitimate host, they have still refused the applications.
Based on oral explanations received in local offices, the refusals are linked to officials awaiting further instructions on how to implement the new law. Until this is clarified, officials are refusing to accept applications from companies who rent housing for their foreign nationals.
Key considerations
The new law clearly states that the host party is a legal entity that has provided housing to a foreign national for actual residence in accordance with the Russian legislation.
The uncertainty is expected to continue until further internal instructions are received.
This update was prepared using information from Peregrine Immigration Management.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager, EMEA.
Slovakia: shortage occupation list published and single permit process simplified
The Central Office of Labour, Family and Social Affairs has published a list of job positions which have low unemployment rates, within certain districts. These are known as “shortage occupations”.
Employers who hire non-EU nationals locally, as well as non-EU nationals applying for Single Permits can benefit from applying under the shortage occupations.
Applicants can submit applications at any time. There is also no need to wait 20 business days before submissions can take place. Finally, the labor office will not conduct a labor market test for these positions, and will issue confirmations without considering the local labor market. The foreign police will however contact the labor office to confirm vacancy fillings by non-EU nationals.
Key considerations
Employers are advised to continue advertising these positions even though a labour market test is not required. This will provide insight to the local authorities as to which job positions are lacking labour force.
Foreign nationals can begin on-the-job training following the submission of the application for a Single Permit, provided the application is submitted during the initial 90 days of legal stay in Slovakia. The submission of the application does not legalize the stay and the 90-day Schengen ruling still applies.
The next shortage occupation list will be published in January 2019, and will be updated annually.
Please click here for a list of the current shortage occupations by region.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager, EMEA.
China: illegal employment
Companies hiring foreign nationals in China are advised to take note of the Order of the President of the People’s Republic of China No. 57, Article 41 which states:
Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
The strictest interpretation of this regulation is that, a foreigner whose Work and Residence Permits have not been finalized and released, is not allowed to work in China.
Government authorities’ discretion will determine what constitutes illegal work, but the following scenarios may be considered as such:
- The foreigner reporting to the office premises on a regular and frequent basis before the Work and Residence Permits are granted
- Receiving salary and benefits paid in China before the Work and Residence Permits are granted
- Being a signatory to a document or contract that the foreigner should only have the capacity to sign if he were officially doing his intended role in China
Key considerations
In practice, many corporates have their employees begin working after they enter with a Z-visa, under the impression that a Z-visa is a pre-authorization for work. Per the above regulation however, a Work and Residence Permit is necessary to work legally.
Foreigners who intend to directly convert a Business “M” visa to a Work and Residence Permit upon arrival (which is possible in Shanghai) are also advised to abide by the above regulation.
Random inspections: in conjunction with the above, the Shanghai authorities have recently stepped up their random inspections. These take the form of unannounced visits to corporate premises to detect illegal employment. Certain nationalities or ethnicities appear to be at a higher risk for these inspections, although authorities may inspect any company employing foreigners. So far, inspections have only been observed in Shanghai, although they can easily occur in other locations with no prior notice.
All companies in China are advised to ensure that they comply with the regulations for employing foreigners to avoid any penalties from the government authorities.
Crown highly advises corporates to check with their own legal advisors to ensure they are fully compliant with Chinese employment regulations.
This update was prepared using information from the Chinese Ministry of Foreign Affairs.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Pamela Williams, Immigration Manager for China, or Debra Beynon, Regional Immigration Manager, APAC.
