Canada: Drink-driving offences now impact immigration applications
Canada has passed an amendment to its Criminal Code, changing the maximum punishment for Driving Under the Influence (DUI) from five to ten years of imprisonment. This changes the characterization of the offence from “ordinary” to “serious” and will therefore impact immigration applications.
Previously, DUI offences or Driving While Impaired/Intoxicated had a maximum imprisonment term of five years in Canada, so did not affect applications. The amendment to the Criminal Code also affects:
- Convictions in Canada, where a person served more than six months for the offence, now fall under serious criminality provisions.
- Foreign nationals applying for permits in Canada and permanent residents.
Key considerations
Who is and who is not inadmissible to Canada depends on the prospective punishment that an office could yield pursuant to the Criminal Code, even if the crime was committed abroad. It is important to be aware of the fact that any prior DUI which may until now have been erased, will soon be un-erased and may have consequences for the applicant.
Applicants in a position of possible inadmissibility should determine whether they need to apply for rehabilitation, or whether they should apply for a Temporary Resident Permit, a short- term override or waiver of criminal inadmissibility.
This update was prepared using information obtained from Kranc Associates.
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 Roberta Carnaccini, Global Operations Director – Immigration.
China: Requirements for “Category A” for work permit applications
China: Requirements for “Category A” work permit applications
The Shanghai State Administration of Foreign Affairs has announced a different tax certificate is now required to support Category A work permit applications. This includes new work permit applications, renewals and cancellations.
Previously, an individual income tax (IIT) paid certificate (Duty Paid Proof) was required. Now an IIT payment list, showing the name of the employer, as well as the applicant’s IIT payments over the last twelve months is required. The IIT payment list must be affixed with a company seal from the sponsoring employer.
Applicants registered for an online personal tax account can obtain the IIT payment list online. It can also be obtained in person at the tax authority.
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 Debra Beynon, Regional Immigration Manager, APAC.
Hong Kong: Changes to dependent visa eligibility
Landmark court ruling to allow the marriage status and civil union partnerships of same-sex couples be recognized in Hong Kong for the purpose of a dependent visa.
What is the change/update?
Historically, the immigration legislation has interpreted the meaning of “spouse” as a party to a marriage between a man and a woman. Following the judgment handed down by the Court of Final Appeal on July 4, 2018, the government is now reviewing the dependent immigration policy. In the interim, the Immigration Department will continue to implement the following arrangement: to accept applications from a party in a foreign legally recognized same-sex relationship with eligible sponsors for residence as dependents in Hong Kong.
Currently, the city’s definition of “spouse” remains unchanged.
Key considerations
This ruling will strengthen Hong Kong’s ability to attract global talent and its competitiveness as Asia’s pre-eminent global center for commerce.
However, all spouses must meet the normal immigration requirements to obtain a favorable decision on their application. Please note the following eligibility criteria:
(i) There is reasonable proof of a genuine relationship between the applicant and the sponsor.
(ii) There is no known record to the detriment of the applicant.
(iii) The sponsor is able to support the applicant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in Hong Kong.
This update was prepared using information from the Hong Kong Immigration Department website.
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 Kevin Le, Immigration Manager, Hong Kong or Debra Beynon, Regional Immigration Manager, APAC.
Indonesia: New system implementation to delay work authorization processing
Indonesia’s Ministry of Manpower (MOM) has launched a new online system for RPTKA (expatriate placement plan) and IMTA (work permit) applications. The new system i
s integrated with the Directorate of Immigration.
To prepare for the new system, the existing system was shut down between July 3 and 9, with no new applications accepted. Processing of applications in the system were also stopped.
It is expected that there will be delays in the processing of applications through the new system due to the backlog of applications created by the shutdown and potential implementation issues with the new system.
This update was prepared using information obtained from Peregrine 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.
Indonesia: Planned regulation changes for hiring foreign workers
Details are now available on the proposed regulations for hiring foreign workers in Indonesia.
Expatriate Placement Plan (RPTKA) and Work Permit (IMTA)
- The individual work permit (IMTA) is likely to be replaced by a “notification” of the details of individual foreign workers. After which the foreign worker can start work.
- In certain sectors (vocational education and training, oil and gas and digital economy), a foreign Director or Commissioner will be able to work, with the same job title, for more than one employer.
- The target processing time for the RPTKA will be no more than two working days after the “expose” meeting. For the “notification,” the target processing time will be no more than two working days after payment of the billing code. The billing code will include the DPKK (Skill and Development Fund) and other applicable fees. It must be paid within 24 hours of issue.
- The PRTKA will no longer be required for shareholders working as a Director or Commissioner in the same company in which they hold shares.
- Mandatory Indonesian language training will be introduced for long-term work permits (at least seven months), but not for Directors or Commissioners. The company
should provide Indonesian language training at an Indonesian language institute to the foreign worker. The Ministry of Manpower (MOM) has not provided a list of authorized authorities and employees can act as a teacher for their colleagues. MOM officers may visit workplaces to check the language ability of foreign workers. - A recommendation letter for certain business activities from the related Government body will no longer be required. However, oil and gas, education, mining and electricity sectors are allowed to request additional requirements such as job qualification, experience and job title.
- The validity of the RPTKA will be based on the agreement between the employer and the foreign worker. Under Indonesian law, a fixed term employment agreement is valid for a maximum of two years, can be extended for one year and can be renewed for a maximum of two years. Based on the above, the maximum validity of an RPTKA becomes two years.
- It is likely that an Indonesian employment agreement will become necessary for Directors and Commissioners, and foreign workers applying for a short-term work permit.
Limited Stay Permit (ITAS)
A combined application for “Telex Visa” (VITAS limited stay visa with telex approval), ITAS (limited stay permit) and MERP (multiple-exit re-entry permit) will be submitted together with the “notification.” Either all three issued documents can be collected and biometrics provided at the consulate (if available); or the Telex Visa can be collected at the consulate, and ITAS and MERP can be collected and biometrics provided at the airport/seaport on arrival in Indonesia.
It is likely that the preparation of biometric facilities at consulates and airports may take significant time to implement and that biometric sessions may lead to extended waiting times on arrival.
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 Debra Beynon, Regional Immigration Manager, APAC.
