May 2016

PEREGRINE NEWS
Welcome to the Peregrine News digest for May 2016!
Immiguru
In May we added three new immigration processes to Immiguru, including one new country Afghanistan:

Afghanistan Work Permit (Highly Skilled);

Afghanistan Work Visa (BSA/SOFA Contractor);
Ghana Rotator Permit (Oil and Gas).

We also welcomed a new partner in Afghanistan, Afghanistan Holding Group, to our network.
More News and Events
In May, in partnership with Luminary Global Immigration we won top honours in the Most
Innovative Use of Technology in Global Mobility Bespoke category at the Forum for Expatriate
Management (FEM) Americas Expatriate Management and Mobility Awards (EMMAs).
On Tuesday 24 May we hosted a training webinar for our clients on creating template
processes in Immigo.
Join us for the next Immigo webinar on Thursday 16 June at 1.30PM GMT (UK time). The topic is
Step Can Start Notifications and is free to attend for Peregrines Immigo clients. Places are limited
and will be allocated on a first-come-first-served basis, so please contact us at
training@peregrineimmigration.co.uk to book your spot now.

Table of Contents
NETHERLANDS NEW RULES FOR RECOGNISED SPONSORS AND INCOME DECLARATION
NEW ZEALAND CHANGES TO LABOUR MARKET TESTING REQUIREMENTS FOR ESSENTIAL SKILLS WORK VISA
ITALY NEW RESIDENCE PERMIT FEES FOR 2016
GHANA GHANA IMMIGRATION SERVICE INCREASES FEES
MEXICO EXPANSION OF VISA EXEMPTION FOR CERTAIN VISA-REQUIRED NATIONALS
CHINA RECENT RESTRICTIONS ON WORK AND BUSINESS VISAS FOR SHANGHAI
SWITZERLAND QUOTAS FOR EU/EFTA L PERMITS EXHAUSTED FOR SECOND QUARTER OF 2016
BRAZIL AMENDMENTS TO WORK VISA RULES INTRODUCED
MALAYSIA MYXPATS CENTRE INTRODUCES APPLICATION FEES
MORE FROM PEREGRINE

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

2
3
4
4
5
5
6
7
7
8

 The company is fully owned and

controlled by a company which
has conducted (actual) business
activities for at least 1.5 years,
and would therefore not be
subject to submitting the business
plan if it were to file for
recognised sponsorship itself.
The recently established company
arose from a merger of two
companies who are already
recognised sponsors or was taken
over entirely by another
recognised sponsor.
The legal form of the company
has changed, meaning that the
company was recognised as a
sponsor before that change and, a
notarial deed shows that the
nature of the business activities
has not expanded and the control
of the new company or legal
entity remains the same.
The recently established entity is
a branch of a company which is
part of a foreign group company
and the Netherlands Foreign
Investment Agency (NFIA) was
involved in the decision to invest
in the Netherlands.

NETHERLANDS New Rules

for Recognised Sponsors
and Income Declaration
Effective 1 April 2016, the assessment of the
continuity and solvency of companies
applying for the status of recognised sponsor
at the Dutch Immigration Authorities (IND)
has become more lenient. For recently
established companies, a business plan is no
longer required in some situations.
Additionally, since 1 April 2016, a company
can lose its status as a recognised sponsor if it
has not submitted any immigration
application in the previous three years and
has no employees registered.
Finally, for applications for a work permit for
key staff / highly-skilled migrants
(kennismigranten), the gross monthly salary
must now be recorded in the employment
contract or employers declaration, rather
than in pay slips or other documentary
evidence.

Recognised Sponsors
Dutch legal entities applying for the status of
recognised sponsor at the Immigration
Authorities (IND) need to demonstrate the
continuity and solvency of the company. For
companies recently established (i.e. not older
than 18 months), the assessment is very strict
and includes providing a sound business plan
that evidences sufficient potential and
financials for the future.
As of 1 April 2016, the assessment has now
become more lenient in certain cases and the
business plan is no longer required in the
following situations:

The IND does have full discretion to request

additional information in case there is any
doubt about the solvency or continuity or in
the case of penalties or offences of the entity,
board members or others. Should this be the
case, application processing may suffer a
serious delay and can potentially be rejected.
In addition, since 1 April 2016, a new ground
for withdrawal of the recognised sponsor
status is applicable. A company can now also
lose its status as a recognised sponsor in case
no immigration application has been filed in

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

the past three years and there are no

employees registered at the recognised
sponsor.

Income Declaration
As of 1 April 2016, the Dutch Labour
Authorities (UWV) have explicitly indicated to
employers that a work permit request for key
staff / highly-skilled migrants
(kennismigranten) will be strictly examined
under Article 1d of the Implementation Aliens
Employment Act (BuWav). This regulation
requires the UWV to assess the gross salary
criterion based on a monthly salary.
This means that in the employment contract
or employer's declaration a gross monthly
wage (excluding holiday pay) should be
recorded at all times. The presentation of pay
slips, annual gross income or other evidence is
therefore no longer sufficient.

Action Items

NEW ZEALAND Changes

to Labour Market Testing
Requirements for Essential
Skills Work Visa
Effective 11 April 2016, Immigration New
Zealand (INZ) changed the documents
required, as proof of labour market testing,
for an Essential Skills work visa application for
a low-skilled job.
The employer must now attach a Skills Match
Report (SMR) from Work and Income New
Zealand (WINZ) to their Employer
Supplementary Form, to demonstrate a
genuine attempt to advertise the job to New
Zealanders.

When is the Skills Match Report

Required?

Employers must continue to

ensure that they provide
satisfactory evidence of their
solvency and continuity when
applying for the status of
recognised sponsor at the
Immigration Authorities.
Younger companies in the above
circumstances can expect a more
lenient assessment of their
continuity and solvency, without
having to submit a business plan
as evidence.
Employers must now make sure
that an employment contract or
declaration submitted in support
of a work permit application for
key staff / highly-skilled migrants
records the employees gross
monthly salary.

INZ uses the Australian and New

Zealand Standard Classification of
Occupations (ANZSCO) to decide
what is a low-skilled job. Jobs
that are ranked at levels 4 or 5 on
the ANZSCO are considered to be
low-skilled. This includes
labourers, truck drivers, carers for
the elderly, industrial spraypainters, waiters, and hotel
housekeepers.
Before applying for an initial or
renewal Essential Skills work visa,
the employer must ascertain
whether the job is at level 4 or 5
on the ANZSCO list by checking
the ANZSCO website.
If the job is at level 4 or 5, then
the employer must work with
WINZ to check that there are no
New Zealanders who could do the

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

 Residence permit card - fee

waiver: 30.46 (previously
27,50);
Residence permit card valid from
three months to one year:
110.46 (previously 107.50);
Residence permit card valid from
one to two years: 130.46
(previously 127.50);
EC residence permit card for longterm residents, and intracompany residence permit cards
for managers and highly-skilled
workers: 230.46 (previously
227.50).

job before an employee applies

for a work visa.
If there are no suitable New
Zealanders, then WINZ will issue
an SMR for the employer to give
to the applicant to submit with his
or her work visa application.
If there are suitable New
Zealanders, then the employee
may not be eligible for a work
visa.

Exceptions
The only exceptions are for Canterbury jobs,
where the employer needs to work with the
Canterbury Skills and Employment Hub, or
where the job is included in one of the skill
shortage lists and the employee meets the
experience or qualification requirements on
the list.

Action Items
Employers applying for an
Essential Skills work visa must
ensure they obtain a Skills Match
Report from Work and Income
New Zealand in support of the
application, unless the job is in
Canterbury, or is otherwise
exempt.

Action Items
Note the increased fees for
residence permits..

GHANA Ghana
Immigration Service
Increases Fees
Effective 15 May 2016 the Ghana Immigration
Service (GIS) has increased certain categories
of fees, through the Fees and Charges
(Amendment) Instrument 2015 (LI 2228).

What Has Changed?

ITALY New Residence

Permit Fees for 2016

The principal fee increases are as follows:

On 10 March 2016 the Ministry of Economy

and Finance issued a decree which increased
the filing fees for the electronic residence
permit in credit card format.

What are the new fees?

The new fees are as follows:

A fee for a residence permit has

been introduced for Economic
Community of West African States
(ECOWAS) nationals ($300) and
Ghanaians with a foreign passport
($150);
The fee for a resident permit for
other nationals has increased
from $300 to $500;

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

 The fee for a rotator permit has

increased from $500 to $1000;
The monthly penalty for an
expired resident permit has
increased from $20 to $30 for
Ghanaians with a foreign
passport, from $30 to $60 for
ECOWAS nationals and from $50
to $180 for other nationals.

Visitor Status
Holders of a visitor visa to Mexico (or visitor
status with this visa exemption) can remain in
Mexico for up to six months. Work is
permitted as long as the foreign national
remains on home contract and is paid outside
Mexico.

Action Items

Action Items

Note that visa-required nationals

holding a valid visa or permanent
residence for Canada, Japan, the
UK, the US and the Schengen
countries, as well as permanent
residents of Chile, Colombia and
Peru, can now enter Mexico
without a visa and undertake
short-term work.

Employers should take the new

fees into account in their global
mobility planning..

MEXICO Expansion of
Visa Exemption for Certain
Visa-Required Nationals
Effective 17 May 2016, more categories of
visa-required nationals are allowed to enter
Mexico for up to six months without a visa.

Who Benefits?
Visa-required nationals who hold a valid visa
to enter, or are permanent residents of,
Canada, Japan the United Kingdom, the
United States or the Schengen countries are
now allowed to enter Mexico visa-free for up
to 180 days.
Previously, this exemption was only applied to
permanent residents of Canada, Japan, the
UK, the US, and the Schengen countries, and
holders of a valid visa for the US.
In addition, visa-required nationals who are
permanent residents of the Pacific Alliance
member countries (Chile, Colombia and Peru)
can now enter Mexico without a visa, also for
up to 180 days.

CHINA Recent
Restrictions on Work and
Business Visas for Shanghai
Recently, the Shanghai immigration
authorities have changed their policy on
issuing Z (work) visa invitation letters to
foreign nationals in Hong Kong, and have also
made some tougher decisions about whether
M (business) visa holders are legitimately
travelling for business.

Z Visa Applications in Hong Kong

The Ministry of Public Security in Shanghai has
recently stopped issuing invitation letters for
foreign nationals to obtain Z (work) visas in
Hong Kong, unless the applicant has a Hong
Kong ID Card (which establishes residency).
Previously, it was possible to obtain a Z visa
for Shanghai in Hong Kong without a Hong
Kong ID Card.
Other Chinese cities may still issue Z visa
invitation letters for foreign nationals in Hong
Kong with no Hong Kong ID card, but this
should be checked on a case-by-case basis.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

M Visa Holders

Who is Not Affected?

The immigration authorities in Shanghai have

recently turned away some frequent business
visitors holding M (business) visas at the
border.
The explanation seems to be that, although
the visitors were on legitimate M visas, the
frequency and length of their visits suggested
to immigration officials that they werent
genuine business visitors, but were actually
coming to China for work.

The quota for B permits, and permits not

subject to quotas, such as the 120 day permit
and the 4 month short term permit, are not
affected. Quotas for non-EU/EFTA nationals
are also not affected.

Action Items
Foreign nationals intending to
take up work in Shanghai must
obtain their Z visa in their country
of nationality or residence, rather
than on a visit to Hong Kong.
Frequent business travellers to
China who are planning to travel
to Shanghai, including those
holding a valid M visa, should
check with the immigration
authorities in Shanghai that their
business travel schedule is
considered legitimate..

SWITZERLAND Quotas for

EU/EFTA L Permits
Exhausted for Second
Quarter of 2016

Cantonal Variations
The cantonal procedures in dealing with the
situation vary:
Zurich
The authorities will grant permit approval for
one month for the time being. One can then
ask for an L permit for the duration after
expiration of that month and should be able
to join the applications which fall under the
next quarter, from 1 July 2016 onwards.
Basel
The authorities will establish a preliminary
decision which will allow assignees to start
work. The quota will be issued on 1 July 2016.
Aargau
The authorities will establish a preliminary
decision which will allow assignees to start
work. The quota will be issued on 1 July 2016.
All other cantons
Still under investigation.

Background
The Swiss government decided to keep the
reduced amount of permit quota for the year
2016 (see our alert of 11 November 2015).
The quotas are allocated to the cantons on a
quarterly basis.

Action Items

The quota for L permits for the second

quarter of 2016, for short-term assignees
from European Union (EU) / European Free
Trade Agreement (EFTA) countries, has been
filled.

Who is Affected?
New, incoming EU/EFTA nationals who are
assigned to Switzerland but remain on foreign
employment contracts will not be issued L
permits until 1 July 2016.

Allow for possible delays with

sending EU/EFTA nationals to
Switzerland. Contact your supplier
for any new EU/EFTA national
assignments to Switzerland, as
pending applications will be
treated differently depending on
the canton.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

BRAZIL Amendments to
Work Visa Rules Introduced

Peregrine will keep you informed when

further information is released.

Action Items
Companies employing foreign
nationals in Brazil should use the
new online work visa renewal
system;
Note the other changes
mentioned in the new decree,
which should be implemented in
some form in the coming months.

Decree 8757/16, published 11 May 2016,

significantly amends the rules and procedures
for obtaining work visas for foreign nationals
in Brazil.
The decree has not yet been fully
implemented.

What are the Major Changes?

Work visa renewal applications
can now be submitted to the
Ministry of Labour electronically,
rather than manually;
It will now be possible to apply to
the Ministry of Labour to change
status post arrival from a business
or student to a work visa;
Dependents of work visa holders
who are 16 years and over will be
able to work in Brazil;
Change of employer notifications
will also be possible online to the
Ministry of Labour, rather than to
the Ministry of Justice;
Work visa extension applications
will no longer require the
employer to be responsible for
the employees repatriation costs;
A new visa will be created for
research and innovation projects;
The process of obtaining a work
visa will be streamlined for
strategic professionals
however, the definition of
strategic professionals and the
details of the new streamlined
process have not yet been
established.

MALAYSIA MYXpats
Centre Introduces
Application Fees
Effective 1 June 2016, the MYXpats Centre of
the Expatriate Services Division of the
Immigration Department of Malaysia will
impose charges for the online processing of
new and renewal Employment Pass (EP),
Dependent Pass (DP) and Social Visit Pass
(SVP) applications.
There will not initially be an application
charge for Professional Visit Pass (PVP)
applications.

What are the new charges?

The application charges listed below are in
Malaysian Ringgit (MYR) and are inclusive of
6% GST (Goods and Services Tax):
Employment Pass: 318MYR;
Dependent Pass: 74.20MYR;
Social Visit Pass: 74.20MYR.
These application charges are separate from
the immigration charges which are payable at
the time of endorsement of the relevant pass
(Stage 2 of the application process).
Payment of these charges can be made online
via credit card or internet banking.

Note that only the online work visa renewals

have been officially implemented so far

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

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

Action Items
Employers sponsoring foreign
nationals for immigration passes
via the Expatriate Services
Division should take the new
charges into account in their
planning.

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,
or our blog.
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 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