November

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, or follow our new blog (blog.peregrine.im).
This month we have added 18 new immigration processes to Immiguru, including two new
countries Bulgaria and Panama. 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 global immigration software products, Immigo and Immiguru are showcased 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
SOUTH AFRICA EXTENSIONS OF INTRA COMPANY TRANSFER WORK VISAS ISSUED PRIOR TO MAY 2014 NOW
POSSIBLE
2
MALAYSIA CHANGES TO REGULATIONS FOR DEPENDENT FAMILY MEMBERS
2
IRELAND SCANNED SIGNATURES NOW ACCEPTED ON EMPLOYMENT PERMIT APPLICATION FORMS
3
URUGUAY NEW LAW EXPEDITES PERMANENT RESIDENCE FOR MERCOSUR AND ASSOCIATED NATIONALS
4
PORTUGAL POSSIBLE DELAYS DUE TO CORRUPTION INVESTIGATION AT IMMIGRATION DEPARTMENT
4
COLOMBIA MERCOSUR VISA APPROVALS TEMPORARILY SUSPENDED FOR VENEZUELAN NATIONALS
5
CHINA AND UNITED STATES U.S. AND CHINA RECIPROCALLY EXTEND VISA VALIDITY FOR BUSINESS, TOURISM
AND STUDY
6
MOZAMBIQUE SOME CONSULATES NOW REQUESTING PRE-APPROVAL OF VISA APPLICATIONS
6
RUSSIA FINGERPRINTING INTRODUCED FOR VISA APPLICANTS AT CERTAIN CONSULATES
7
ROMANIA EMPLOYERS MUST OBTAIN LABOUR MARKET APPROVAL BEFORE HIRING FOREIGN WORKERS
7
PEREGRINE WEBINAR VAN DER ELST: WORK PERMIT EXEMPTIONS WITHIN THE EU
7
MORE FROM PEREGRINE
9

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

VAT registration
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those with permits granted prior to
the implementation of new
regulations in May 2014 will be able
to apply for new four year intra
company transfer work visas, by
returning to their country of
residence to make the application.

SOUTH AFRICA
Extensions of Intra
Company Transfer Work
Visas Issued Prior to May
2014 Now Possible

MALAYSIA Changes to
Regulations for Dependent
Family Members

The South African Department of Home

Affairs has issued a directive (dated 27
October 2014) advising that a second Intra
Company Transfer Work Visa, with validity of
up to four years, may be issued to a foreign
national who has already held an Intra
Company Transfer Work Permit. This is
welcome news and clears up some
inconsistencies.

Various changes to the regulations for

dependent family members of Employment
Pass (EP) holders come into effect on Monday
10 November 2014. The new policies apply to
the dependents of Employment Pass holders
who obtained the EP through any of the
Malaysian processing agencies: Expatriate
Services Division (ESD), Multimedia
Development Corporation (MDeC) or Malaysia
Investment Development Authority (MIDA).

How Are Renewals Applied For?

The second intra company transfer work visa
application must be made in the country of
citizenship or ordinary residence of the
applicant; it cannot be submitted from within
South Africa.

Dependant Pass (DP)

Who Is Affected?

As of 10 November 2014, the Dependant Pass

(DP) will only be granted to spouses of
Employment Pass holders, and dependent
children who are at most 17 years of age.
Dependent children who are 18 years old or
above may qualify instead for a Long Term
Social Visit Pass.

It is important to note that the directive

applies to those applicants who previously
held intra company transfer work permits
under Section 19(5) of the 2002 Immigration
Act i.e. permits issued before
implementation of the new Immigration
Regulations.

Previously the maximum age for dependent

children to qualify for a Dependant Pass was
20 years for processing by ESD and MIDA and
17 years old via MDeC. With this change, the
age criteria is now consistent across the
various processing agencies.

New intra company transfer work visas issued

under the new regulations will be issued for a
maximum validity period of four years and
cannot be renewed.

Action Items

Permission to Work Stamp (PTWS)

Review current intra company

transfer permit and visa holders and
plan for possible renewals, taking
travel requirements into account:

The spouse of an Employment Pass holder,

who has been issued a Dependent Pass and
who wishes to work will now need to obtain

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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





their own Employment Pass instead of the
Permission to Work Stamp. The DP of the
spouse would have to be cancelled to allow
for the EP application.

IRELAND Scanned
Signatures Now Accepted
on Employment Permit
Application Forms

Previously, the spouse of an Employment Pass

holder who had a Dependant Pass could work
with a PTWS based on the Dependant Pass.
This is no longer applicable for MDeC
processing. The Employment Services Division
(ESD) however is still accepting applications
for PTWS, but this is expected to change by
January 2015.

The Department for Jobs, Enterprise and

Innovation (DJEI) has recently announced,
with immediate effect, that it will accept
application forms for employment permits
with scanned, rather than original, signatures.
This change has been made to expedite the
application process, but it is at the discretion
of the Department to request original
signatures at any time on a case by case basis.

Long Term Social Visit Pass (LTSVP)

The authorities have now added other
activities which are not permitted under the
Long Term Social Visit Pass (a pass for family
members who do not qualify for the
Dependant Pass).

What is the Procedure?

As the applicant is still required to submit
original, signed passport photos as part of the
application (as confirmed by the Department),
it is recommended that they continue to also
send the relevant original signed pages of the
application form to be signed by the
representatives of the Irish company (and by
the sending entity for an Intra-Company
Transfer Permit).

Holders of the LTSVP are no longer allowed to

be involved in any political speeches, lectures,
talks or any political activities.
It remains the policy that if the LTSVP holder
is pursuing an education, he or she is required
to obtain a Student Pass, and if working then
an Employment Pass will be required. In such
cases, the LTSVP has to be cancelled to make
way for the relevant Student Pass or
Employment Pass.

The company can then choose whether to

submit the original signed pages or scanned
copies.

Action Items

Action Items
For applications in progress and
upcoming applications, note that
employment permit application forms
with scanned signatures will now be
accepted by the DJEI in Ireland, but
that original signatures may still be
requested at any time on a case by
case basis.

Note that dependents aged 18 or

above no longer qualify for a
Dependant Pass.
Note that Dependant Pass holders no
longer qualify to work in Malaysia.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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

Action Items

URUGUAY New Law

Expedites Permanent
Residence for Mercosur
and Associated Nationals

If you have upcoming assignments or

local hire moves to Uruguay for the
above listed nationalities, note that
the new permanent residence route
will very likely be preferable to the
previous temporary residence route.
If you are an Immiguru licence holder,
you will be able to access full details
of the new route (including detailed
timing, document lists, qualifying
criteria, etc.) in Immiguru.

Law No.19.254, regarding permanent

residence for Mercosur and associated
nationals, which was passed in August 2014
has now been implemented.

Who Benefits?
Nationals of Mercosur member countries
(Argentina, Brazil, Paraguay and Venezuela)
and Associate members (Bolivia, Chile,
Colombia, Ecuador and Peru) as well as
Guyana and Suriname qualify for the new
expedited process. The law also applies to a
spouse, sibling, parent or grandchild of a
Uruguayan national born abroad.

PORTUGAL Possible
Delays Due to Corruption
Investigation at
Immigration Department
The head of the Portuguese immigration
department (SEF, Servico de Estrangeiros e
Fronteiras), has been detained as part of an
ongoing investigation into corruption and
fraud relating to Portugals Golden Visa
programme. This is likely to cause delays to all
immigration processes, particularly those
being processed in Portugal rather than at
one of Portugals consulates/Embassies
overseas.

How Does The New Permanent

Residence Route Work?
The new law allows nationals of Mercosur
(Mercado Comn del Sur) and Associate
member countries, as listed above, to obtain
permanent residence in Uruguay. Effective
immediately, applications can be made either
on arrival in Uruguay (i.e. a change of status
application), or from a Uruguayan diplomatic
mission abroad. The initial permanent
residence cards will be issued within 30 days
of application. This is a significant reduction in
processing time compared to previous
temporary residence route for Mercosur
nationals. Additionally, documentary
requirements are slightly less onerous. Note
that the permanent residence cards
themselves must be renewed every three
years. Permanent residence following this
process is also available for certain relatives of
Uruguayan nationals born abroad.

What is the Golden Visa?

Portugals Golden Visa programme, launched
in 2012, offers investors permanent residence
in Portugal following the purchase of a
property work at least EUR500,000, transfer
of capital of at least EUR1,000,000 or via the
establishment of a company employing at
least 10 Portuguese nationals.
Holders of the Golden Visa may apply for
citizenship after a period of six years provided
they have been in Portugal for at least seven
days a year while holding the visa.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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





The Golden Visa itself allows visa free travel
throughout the Schengen area. For wealthy
non-EU nationals wishing to acquire EU
citizenship, the Golden Visa is an attractive
option due to the relatively low investment
bar and the relatively light requirement to
actually be physically present in Portugal prior
to the citizenship application.

What is the Mercosur Visa in

Colombia?
The Mercosur Immigration Agreement
enables foreign nationals from signatories
with a reciprocal arrangement (Argentina,
Brazil, Bolivia, Peru, Chile, Ecuador, Uruguay,
Paraguay and, previously, Venezuela) to
obtain a temporary residence visa in Colombia
for a period of two years with work and/or
study permission during their stay.

What Is the Impact?

The head of SEF, Manuel Palos, has been
detained and for obvious reasons, this is likely
to have a knock on effect on efficiency at SEF
and their ability to handle workload. Any
applications currently in process may be
delayed indefinitely.

Background
Although the Bolivarian Republic of Venezuela
was included in the Mercosur Agreement in
2006, the Venezuelan Government has not
developed a reciprocal Mercosur visa option
for Colombians. According to the Colombian
Ministry of Foreign Affairs, the temporary
suspension of Venezuelan citizens from
Mercosur immigration benefits takes place
due to an International Treaty and Agreement
compliance commitment review in which it
was determined that Venezuelas reciprocity
commitment with Colombia was not being
honored.

Action Items
Warn applicants with applications
currently in process that there may be
delays due to the corruption
investigation
Consider upcoming moves to Portugal
with the aim of submitting
applications as early in advance as
possible, as delays are likely to be
ongoing.

Action Items
Note that Venezuelan nationals may
not currently apply for a Mercosur
Visa in Colombia, and must instead
use a longer and more complicated
standard visa process such as the TP-4
Temporary Work Visa.
Peregrine will continue to monitor the
situation and will keep you updated.
Immiguru and Immigo, Peregrines
global immigration management
software products, have been
updated to reflect the change.

COLOMBIA Mercosur Visa

Approvals Temporarily
Suspended for Venezuelan
Nationals
The Government of Colombia has temporarily
suspended approval of Mercosur visa
applications by Venezuelan nationals due to
lack of reciprocity from the Venezuelan
Government. Effective 10 November 2014, no
Mercosur visa applications filed by
Venezuelan applicants will be accepted by the
Colombian Ministry of Foreign Affairs, until
further notice.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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





Similarly, Chinese applicants who qualify for a
B-category nonimmigrant visa (NIV) may now
be issued multiple-entry visas for up to 10
years for business and tourist travel.

CHINA and UNITED STATES

U.S. and China
Reciprocally Extend Visa
Validity for Business,
Tourism and Study

Qualified Chinese students and exchange

visitors and their dependents who qualify for
F, M, or J-category visas are now eligible for
multiple-entry visas valid for up to five years
or the length of their program.

The US Department of State (DOS) and the

Chinese authorities have announced a new
reciprocal program to mutually extend short-
term visa validity to ten years for U.S. and
Chinese nationals.

Action Items
If you have employees who have a
frequent need to travel between
China and the U.S. for business, note
that ten year visas may be issued,
which will reduce administrative time
and cost.

Please note that the permitted duration of

stay per visit remains unchanged for all visa
categories.
Visa processing times, fees, procedures and
eligibility also remain unchanged.

MOZAMBIQUE Some
Consulates Now
Requesting Pre-Approval of
Visa Applications

Who Will Benefit?

U.S. and Chinese citizens who regularly travel
back and forth between the U.S. and China,
and their employers, will benefit from the
longer validity by not having to apply and pay
the application fee every year.

Some embassies and consulates of

Mozambique in various countries have
recently started to request pre-approval of
entry visa applications from the Mozambique
Immigration Service.

To obtain a visa with extended validity,

holders of valid or recently-expired visas will
need to apply again.

What are the Terms of the

Extension?

Pre-Approval Requirement
The pre-approval process consists of
submitting the visa application documents to
the Immigration Service, which may then
issue a pre-approval notice to the
Mozambique embassy or consulate abroad.
This extra step may delay the visa application
for up to three weeks if required.

Effective 12 November 2014, U.S. nationals

travelling to China for business or tourism
should receive multiple-entry visas valid for
up to ten years.
Qualified U.S. students going to study in China
should receive student resident permits valid
for up to five years, depending on the length
of their educational program.

The new pre-approval requirement differs

from country to country: A consulate may
require no pre-approval, or pre-approval for
certain visa types, or for all visa types.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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

Action Points

Follow our alerts or our blog for news

of the extension of this new
requirement to more Russian
consulates around the world.

In case of an entry visa application to

Mozambique, consult the diplomatic
mission where the application will be
made, to determine whether this pre-
approval requirement is in
place.Some embassies and consulates
of Mozambique in various countries
have recently started to request pre-
approval of entry visa applications
from the Mozambique Immigration
Service.

ROMANIA Employers
Must Obtain Labour
Market Approval Before
Hiring Foreign Workers
A new ordinance adopted by the Romanian
Government enters into force on Friday 28
November 2014. The ordinance establishes
the need for a labour market approval in
some cases and emphasises the need for
compliance with the labour code and
reporting responsibilities.

RUSSIA Fingerprinting
Introduced for Visa
Applicants at Certain
Consulates

Action Points

Effective 10 December 2014, all applicants for

Russian visas at the Russian consular posts in
UK, Ireland, Denmark, Myanmar and Namibia
and also at the border control service on
arrival at Vnukovo Airport in Moscow, will be
required to undergo fingerprinting.

Be aware that there will likely be

delays in the processing of
employment authorisations for
Romania from 28 November 2014,
when this ordinance takes effect.

The new requirement, which is irrespective of

the visa type, validity or number of requested
entries, was introduced in an Order signed by
President Putin on 24 November 2014, and is
the first step in a program to implement
fingerprinting at all Russian consular posts
abroad, as well as on entry to Russia. The
timeframe for the rest of the project has not
been announced.

PEREGRINE WEBINAR Van

Der Elst: Work Permit
Exemptions Within the EU
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.

Action Items
Anyone preparing a visa application
for Russia from one of the affected
countries should allow extra time for
the applicant to attend the Russian
consulate for fingerprinting.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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

Webinar Summary

Switzerland: Friederike Ruch from

Convinus

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.

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.

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

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.

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.
The webinar will be presented live, and there
will be an opportunity for attendees to ask
the speakers questions directly.

Presenters and Speakers

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

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
allocated on a first-come-first-served basis, so
please contact us at info@peregrine.im to
book your spot now.

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:

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

There will be a small administration charge of

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

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

number: 111 7916 32

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

Some Feedback from Our Last

Webinar

MORE FROM PEREGRINE

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!

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.

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.

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

number: 111 7916 32

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