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June 2016

PEREGRINE NEWS
Welcome to the Peregrine News digest for June 2016!
News and Events
In June, we updated Immigo with a bunch of usability and data security enhancements: Among other
changes, we made it harder to delete data by mistake, and added new capabilities to the reports and
notifications features.
On Thursday 16 June we hosted a training webinar for our Immigo clients on step can start
notifications.

Table of Contents
DENMARK MINIMUM SALARY INCREASED FOR PAY LIMIT SCHEME; AND GREEN CARD ABOLISHED
2
AZERBAIJAN NEW WORK PERMIT EXEMPTIONS AND UPCOMING ONLINE VISA SYSTEM
2
AUSTRALIA CHANGES TO SUBCLASS 457 ACCREDITED SPONSORSHIP SCHEME
3
EUROPEAN UNION PROPOSAL TO REVAMP THE BLUE CARD SCHEME
4
SLOVAKIA NOTIFICATION OF LABOUR AUTHORITIES NOW REQUIRED FOR ALL SECONDED EMPLOYEES
6
ISRAEL IMMEDIATE CHANGES TO WORK PERMIT REGULATIONS
7
SWEDEN INSURANCE CERTIFICATES NOW REQUIRED FOR WORK PERMIT EXTENSION APPLICATIONS
8
ISRAEL AND CHINA NEW TEN-YEAR MULTIPLE-ENTRY VISA AGREEMENT SIGNED
9
NETHERLANDS WORK PERMITS FOR JAPANESE NATIONALS REINTRODUCED FROM 1 OCTOBER 2016
10
UNITED KINGDOM POSSIBLE IMMIGRATION IMPLICATIONS OF THE UK VOTE TO LEAVE THE EUROPEAN UNION
11
MORE FROM PEREGRINE
12

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DENMARK Minimum
Salary Increased for Pay
Limit Scheme; and Green
Card Abolished

The Green Card scheme allowed qualifying

applicants (evaluated under a points-based
system) to obtain a residence permit for the
purpose of seeking work and then working in
Denmark.

Action Items

A bill passed on 2 June 2016 increases the

minimum salary to qualify for the Pay Limit
scheme in Denmark, effective 10 June 2016.
In addition, the Green Card scheme has been
abolished, also effective 10 June 2016.

Employers should ensure that the

salaries of all pending and
upcoming (not submitted)
applicants for the Pay Limit
scheme meet the new minimum
salary requirement.

Pay Limit Scheme

The minimum salary to qualify for the Pay
Limit scheme is now DKK 400,000 per year
(DKK 33,333 per month), up from DKK
375,000 per year. It remains possible to apply
for an extension of an existing work and
residence permit under the Pay Limit scheme
with a salary of DKK 375,000, as long as all the
employment conditions remain the same.
The Pay Limit scheme is an immigration
process reserved for applicants who have an
employment contract with or confirmed
assignment to a Danish company, which gives
them a salary at or above a certain level, and
whose employer is not eligible for the FastTrack Scheme.
The minimum salary requirement will
henceforth be reviewed annually.

Green Card Scheme

AZERBAIJAN New Work

Permit Exemptions and
Upcoming Online Visa
System
Effective 4 June 2016, newly published
amendments to the Migration Code of
Azerbaijan exempt certain company directors
and specialists from requiring a work permit.
Additionally, a recent presidential decree
announces an upcoming new unified online
visa application and issuance system, called
ASAN Visa.

Who qualifies for work permit

exemption?

The bill also abolishes the Green Card

Scheme, effective 10 June 2016, until which
date it is still possible to apply for a Green
Card.

Foreign national directors and deputy

directors of companies which are locally
incorporated in Azerbaijan, and which have at
least one foreign national shareholder, no
longer need to obtain a work permit.

After 10 June 2016 you can continue to apply

for an extension of an existing Green Card.
Likewise it will still be possible to apply for a
residence permit as an accompanying family
member of a person holding a Green Card.

Previously this exemption was only available

for directors and deputy directors of foreignincorporated companies, or of their branches
or representative offices in Azerbaijan.

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The work permit exemption has also been

extended to shipbuilding specialists with at
least one year of professional experience and
a university degree or relevant professional
qualification, who are contracted to work at
the Garadagh Industrial Park.

What is the ASAN Visa system?

The ASAN Visa system is aimed at simplifying
procedures for issuing visas to nationals of
approved countries, via a single online portal.
However, the service has not yet been
developed, and it will likely be several months
before it is fully implemented.

Background
Subclass 457 visa sponsors with a long history
of good dealings with DIBP are eligible to
apply to become Accredited Sponsors. The
benefits to acquiring accredited status include
longer periods of sponsorship approval (six
years) and all nomination and visa
applications receiving priority processing.

What are the main changes?

Changes to the qualifying criteria for
Accredited Sponsorship include the following:
The employer must have been an
active sponsor for at least three
years (with no more than a six
month break in the past 36
months), with no adverse
information (based on
monitoring, including formal
warnings and sanctions);
The number of sponsored 457
primary visa holders has been
lowered substantially to 10 in a 24
month period (previously 30 in a
12 month period);
At least 75% of the employers
workforce must be Australian
nationals;
All 457 visa holders to be
employed under a direct written
contract of employment that
meets the National Employment
Standards (as opposed to on-hire
arrangements);
All Australian employees must be
paid in accordance with an
Enterprise Agreement or an
internal salary banding structure
that reflects current market salary
rates.

Action Items
Directors and deputy directors of
companies established locally in
Azerbaijan which have at least
one foreign national shareholder,
and qualified shipbuilding
specialists contracted to work at
the Garadagh Industrial Park,
should take advantage of the new
work permit exemption;
Be prepared for delays during the
development and implementation
of the planned online visa
application and issuance system
within the next few months.

AUSTRALIA Changes to
Subclass 457 Accredited
Sponsorship Scheme
Effective 1 July 2016 the Department of
Immigration and Border Protection (DIBP) will
implement changes to the subclass 457 visa
Accredited Sponsorship criteria.

Companies with current sponsorship approval

that meet the new requirements will be

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eligible to lodge a sponsorship variation

application seeking to be considered for
sponsorship accreditation from 1 July 2016.

sponsorship accreditation from 1

July 2016.
Companies that have already
obtained accreditation should
apply for an upgrade to their
sponsorship accreditation from 1
July 2016 to gain the new
benefits.

Companies that have already obtained

accreditation will be eligible to apply for an
upgrade to their sponsorship accreditation
from 1 July 2016.

What are the additional benefits?

Nomination applications lodged by sponsors
that are approved for accredited status after 1
July 2016 will be prioritised and further
streamlined processing given to applications
where the base salary of the nominee is equal
to or higher than: 1. the Fair Work High
Income Threshold ($136,700 at 1 July 2015)
and the occupation is classified at ANZSCO
Skill Level 1 or 2; or 2. $75,000 and the
occupation is classified as ANZSCO Skill Level 1
or 2, with the exception of the following
occupations:
Recruitment Consultant;
Sales Representative (Industrial
Products);
Customer Service Manager;
Corporate General Manager;
Procurement Manager;
Quality Assurance Manager;
Sales and Marketing Manager;
Specialist Manager NEC;
Hotel/Motel Manager;
Contract Administrator;

Information and Organisation

Professionals NEC.

Action Items
Existing sponsors who meet the
new qualifying criteria for
accreditation should lodge a
sponsorship variation application
seeking to be considered for

EUROPEAN UNION
Proposal to Revamp the
Blue Card Scheme
On 7 June 2016, the European Commission
presented a proposal to revamp the European
Union (EU) Blue Card scheme, aiming to
improve the EUs ability to attract and retain
highly skilled workers, following a public
consultation on the existing scheme carried
out in 2015. The proposal was launched
alongside an Action Plan to support Member
States in the integration of third-country
nationals
The proposed new version of the Blue Card
scheme will have more flexible and inclusive
qualifying criteria, standardised procedures
across the EU, faster processing and enhanced
benefits.

Background
The existing Blue Card scheme, adopted in
2009 and implemented in most EU Member
States over the last 7 years, entitles the holder
to live and work in an EU Member State for up
to four years (United Kingdom, Denmark and
Ireland have opted out of the scheme).
However, the European Commission admits
that restrictive qualifying criteria and the
existence of parallel procedures for highly
skilled workers in various Member States has
limited the success of the Blue Card.

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According to the latest available data, fewer

than 14,000 Blue Cards were issued EU-wide
in 2014, the vast majority of them by
Germany. Only 31% of highly-educated
migrants currently residing in OECD countries
chose the EU as their destination, while more
than half (57%) are in North America.

The new scheme guarantees

equivalence between professional
experience and skills and formal
qualifications;
Faster and less restrictive procedures
It will be possible to submit
applications either abroad or from
within the EU (currently the latter
is rarely allowed);
Maximum processing time is
reduced from 90 to 60 days;
Member States may offer a fasttrack procedure for trusted
employers with fewer conditions;

What are the Proposed Changes?

The proposed changes include:
Unified system
The revived scheme establishes a
single EU-wide scheme, replacing
parallel national schemes for the
purpose of highly skilled
immigration to provide more
clarity for applicants and
employers and to make the
scheme more visible and
competitive.

Enhanced benefits

Flexible and inclusive criteria

A lower general salary threshold,
set nationally and equivalent to or
at most 1.4 times the average
national salary;
Facilitated access for recent
graduates and workers in
shortage occupations (decided
nationally) for whom a lower
salary threshold of 80% of the
average national salary can be
applied;
The minimum required duration
of the employment contract or
job offer is reduced from 12
months to 6 months to align with
labour market realities;
Highly skilled beneficiaries of
international protection will be
able to apply for a Blue Card;

EU Blue Card holders will be able

to carry out short-term business
trips without having to obtain any
authorisation other than the EU
Blue Card. Currently, there are
diverging practices across
Member States, which hampers
legal certainty and thereby the
ease of conducting business trips;
EU Blue Card holders will be able
to take up highly skilled
employment in a new job in a
second EU country after 12
months of residence in the first
Member State (compared to 18
months under the existing rules)
and after 6 months of residence in
second, third and further Member
States;
The worker does not have to
prove again that they have
sufficient qualifications;
Evidence of sickness insurance or
address will not have to be

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provided in the second Member

State;
Access to long-term residence
after three years continuous
residence in the same Member
State (or five years residence, as
previously, if spent in several
Member States);
Self employment on the side will
be permitted.

Next Steps
The proposal (including any amendments
introduced in the coming months) will now
have to be debated and approved by both the
European Council and the European
Parliament. Once the directive is adopted, it is
proposed that the EU Member States will
have two years to implement measures to
fulfil the directive.

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.

member countries (Chile, Colombia and Peru)

can now enter Mexico without a visa, also for
up to 180 days.

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
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.

SLOVAKIA Notification of
Labour Authorities Now
Required for All Seconded
Employees
Effective 18 June 2016, new legislation
requires employers who send their employees
to Slovakia on secondment to notify the
National Labour Inspectorate (NLI) of Slovakia,
and for sending and hosting companies to
maintain certain documents pertaining to the
secondment. The Act (No. 351/2015 Coll) on
Cross-border Cooperation also introduced
new penalties for non-compliance.

In addition, visa-required nationals who are

permanent residents of the Pacific Alliance

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What has changed?

Notification
A foreign employer sending any employee
(either European Union or non-EU national) to
Slovakia on secondment to work in service
delivery must now inform the NLI no later
than the day the assignment starts. The
notification obligation can be fulfilled in either
of two ways:
Portal the NLI has launched a
registration portal where the
sending company can create an
account. The company can notify
the NLI of a secondment and also
update the records in case of any
changes;
Form The NLI has published a
registration form which must be
completed and sent to the NLI
(either by post or by email).
Record Keeping
The sending and host company are both
obliged to comply with the administrative
requirements of the secondment. The Slovak
host company is obliged to keep:
The employment contract or
other document confirming
employment relationship with the
assignee;
Evidence of working time of the
employee on secondment;
Evidence of the wage paid to the
assignee.
Penalties
The Act on Cross-border
cooperation also amended the
Act 82/2005 on illegal work and
illegal employment. In case of
non-compliance with the

requirements for a secondment, a

fine can now be imposed on:
The supplier, for breaching the
ban on illegal employment;
The recipient, for accepting
service or work from an illegally
employed individual.
Possible penalties are:
For one individual - minimum of
2000 EUR;
For two or more individuals - a
minimum of 5000 EUR;
The maximum possible penalty is
200,000 EUR.

Background
This requirement to notify the labour
authorities of seconded workers fulfils EU
Directive 2014/67, which enforces the 1996
Posted Workers Directive (96/71/EC) and is
due to be implemented by Member States by
18 June 2016.

Action Items
To avoid penalties, ensure that
the NLI is notified in time of any
employees seconded to Slovakia;
Ensure that the required
documents related to the
secondment are maintained by
the host company in Slovakia.

ISRAEL Immediate
Changes to Work Permit
Regulations
Effective immediately, the Work Permit Unit
(WPU) of the Ministry of Interior has
implemented new regulations for obtaining
work permits and visas for foreign experts,

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which apply also to pending work permit

applications.

Stricter Requirements for Extension

Applications

The new regulations (originally published in

December 2015) , include changes to the nonacademic work permit scheme, and stricter
auditing requirements for work permit
extension applications.

According to the regulation, each application

for extension of a work permit must include a
letter from an Israeli accountant who has
reviewed the assignees salary during the past
year of employment in Israel.

Changes to the Non-Academic Work

Permit Scheme

Effective immediately (including pending

applications) the accountant must audit the
salary details of all employees sponsored by
the company who have worked in Israel in the
last twelve months. The text of the letter is
pre-indicated, and no modification will be
accepted.

The current regulations distinguish between

expert professions that require academic
qualifications and those that do not. Effective
immediately (including pending applications)
all applications for non-academic experts
must be submitted with the relevant
employee-specific affidavit (A-2 form).

Action Items
Ensure that work permit
applications for non-academic
assignees are initiated early (four
months in advance of the
assignment start date is
recommended);
Sponsoring companies should
review the availability of
accounting support, bank account
opening options for the
employees, bank guarantee
mechanism and Israeli lawyer's
confirmation of foreign nationals
contracts of employment.

Following submission of the work permit

application, the application will be reviewed
by the WPU, which will in turn determine
what additional requirements apply, as a precondition to the issuance of the working
permit.
The WPU has full discretion to require any of
the following additional requirements for
non-academic assignees:
A bank guarantee deposit of
36,000NIS per employee; and/or
Salary to be paid to an Israeli Bank
account in the name of the expat;
and/or
Employment contract to be
confirmed by an Israeli lawyer
regarding full compliance with the
Israeli law; and/or
An affidavit signed by the
employee in his home country in
front of the Israeli consul or
apostilled; and/or
An affidavit signed by the
company.

SWEDEN Insurance
Certificates Now Required
for Work Permit Extension
Applications
The Swedish Migration Agency has recently
enforced a December 2015 court ruling,
requiring employers to prove they have
provided the correct salary and insurance for

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their foreign national employees throughout

their employment period in Sweden.

agreement was ratified by the Israeli

parliament (Knesset) earlier this week.

What exactly is required?

What are the terms of the new

agreement?

The most significant change is that work

permit extension applications must now be
supported by copies of insurance certificates
for health, life, occupational and pension
insurance from all employers for the whole
period of employment in Sweden, rather than
a letter from the employer stating that
insurance was provided.

Until recently, both Israeli and

Chinese tourists and business
visitors were required to obtain a
single-entry visa which only lasted
the length of the visitor's stay in
the country.
Under the new visa program,
Chinese business travellers and
tourists will be allowed to enter
Israel multiple times with the
same visa, which will be valid for
ten years. The same will apply for
Israeli citizens visiting China.

In addition, the applicant must provide pay

slips and tax declaration receipts for all the
months that the employee has worked in
Sweden, rather than for the twelve most
recent months that were required before.

Action Items
Employers should ensure that
they have insurance cover for all
their employees throughout the
period of their employment.
Allow more time for the
preparation of supporting
documents for work permit
extension applications, and also
for the processing of the
applications by the authorities.

ISRAEL AND CHINA New

Ten-Year Multiple-Entry
Visa Agreement Signed
Israel and China signed a ten-year multiple
entry visa agreement, making Israel the third
country, after the United States and Canada,
to have such an arrangement with China. The

The duration of visits in Israel will be limited

to three months at a time, subject to the
discretion of the border authorities.
This new ten-year multiple entry visa does not
allow any work to be done in Israel. Senior
officials at the Ministry of Interior have
clarified upon announcement of the new
agreement, that any unauthorised
employment under this visitor visa, regardless
of the duration of the work and place of salary
payment, constitutes a criminal offence.
Applications will have to be submitted at the
relevant consulates. Regulation regarding the
visa processing at the consulates are expected
to be published soon by the Ministry of
Foreign Affairs.

Background
This new visa agreement is expected to
facilitate travel between China and Israel,
encourage Chinese business travellers and
tourists to visit Israel, and save time and

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money. According to official statistics, 70,000

Israeli nationals visit China every year,
compared to 33,000 Chinese nationals who
visit Israel.

under this status for the

remainder of their permit
duration (even after 1 October
2016);
This transitional arrangement will
not apply to Japanese nationals
applying to renew their residence
permits from 1 October 2016,
who will also require a work
permit.

The state of Israel has five diplomatic missions

in China: The Israeli Embassy in Beijing, the
Consulate General in Shanghai, and
consulates in Guangzhou, Chengdu and Hong
Kong.

Action Items
Chinese or Israeli nationals can
take advantage of the new tenyear multiple-entry visa to travel
to each others countries for
business or tourism, but not work.

NETHERLANDS Work
Permits for Japanese
Nationals Reintroduced
from 1 October 2016
The Immigration and Naturalisation Service
(IND) of the Netherlands has announced that,
effective 1 October 2016, employers of
Japanese nationals are once again required to
obtain work permits for their Japanese
national employees.

What is the Impact of the Change?

Employers in the Netherlands
looking to employ Japanese
nationals after 1 October 2016
will need to submit work permit
applications for them;
Japanese nationals who currently
have a Dutch residence permit
allowing them to work in The
Netherlands without a work
permit, are allowed to continue

Background
Japanese nationals became work permit
exempt as of December 2014 based on a
judgement by the Council of State, the highest
court of the Netherlands, which made a link
between the Dutch-Japanese Trade treaty and
the Dutch-Swiss Friendship treaty,
interpreting the most-favoured nation
principle enshrined in the Dutch-Japanese
treaty as to imply that Japanese nationals
should be treated equally with Swiss nationals
and have free access to the Dutch labor
market.
However, on 20 June 2016 the Dutch Foreign
Ministry published an interpretation of the
Dutch-Swiss Friendship treaty with the
conclusion that entry, residence and access to
the labor market remains a national matter to
be regulated by national governments.
According to the IND, this declaration requires
Japanese nationals wanting to work in the
Netherlands to secure work authorisation
again. The Council of State, still needs to
adjudicate on whether this interpretation is in
line with the Kingdoms constitution. A
judgement which may bring legal certainty is
expected within six weeks.

Action Items
Companies planning to employ
Japanese nationals in the

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Netherlands are advised to

submit an application before 1
October 2016 to benefit from the
existing work permit exemption.

UNITED KINGDOM
Possible Immigration
Implications of the UK Vote
to Leave the European
Union
On Thursday 23 June 2016, a majority of the
United Kingdom (UK) electorate voted to
leave the European Union (EU) in a nonbinding referendum. The result was 52% for
Leave, 48% for Remain, on a turnout of 72%
of potential voters.
The Prime Minister, David Cameron, has
resigned, with effect from October. As of
today, the UK government has not notified
the European Council of any decision to leave
the European Union (the next step in under
Article 50 of the Lisbon Treaty once such a
decision is made). Even once this notification
is made, negotiations on the terms of the UKs
exit might take up to two years.

How Could Immigration be

Affected?
From an immigration perspective, many
questions remain unanswered. Future
migration from the EU into Britain, and in the
other direction, would largely depend on the
terms of the deal the UK makes with the EU.
Once outside the EU, and depending on the
terms of any agreement with the EU, the UK
could implement a new set of immigration
rules, restricting future EU migrants right to
live and work in the UK. During the
referendum campaign, pro-Leave politicians
repeatedly talked about extending the
existing UK points based immigration system
(for non-EU nationals) to EU nationals, if
Britain decided to leave.
Such a change would likely make the UK a less
attractive option as the location for company
headquarters, and companies staying in the
UK may find it easier to hire UK nationals than
nationals of EU countries.

Until any withdrawal agreement is

implemented, the legal situation of EU
nationals currently living and working in the
UK, and UK nationals resident in other EU
countries, will not have legally changed.

If the UK imposes restrictions on freedom of

movement for EU nationals in the future, it is
likely that other countries within the EU will
impose work permit requirements for all
British nationals seeking to work in their
countries. In this case, employers operating in
the EU, or in countries with reciprocal
immigration agreements with the EU, might
consider hiring EU nationals rather than UK
nationals.

However, any decision to leave and

subsequent negotiations are likely to
fundamentally change the UK immigration
landscape, since the EU principle of freedom
of movement of people would no longer apply
to the UK.

It is important to note, however, that any

trade deal negotiated between the UK and
the EU may require the freedom of movement
principle to be respected, in which case the
immigration landscape may remain essentially
unchanged.

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EU Nationals Already in the UK

There are approximately 3 million EU
nationals already resident in the UK (and
approximately 1.2 million UK nationals
resident in other EU countries).

happy to talk through any of your concerns or

offer specific assistance with:
Making UK residence applications
for your EU nationals currently in
the UK;
Making EU residence applications
for UK nationals in the EU;
Arrangements to transfer staff or
operations from the UK to other
EU member states.

EU nationals (and their family members) living

in the UK are not currently required to have
their residence rights officially endorsed (i.e.
apply for residence cards). However, EU
nationals may optionally register, and, since
last weeks events, many more are likely to
choose to do so in order to prove and
regularise their status.
There is likely therefore, even before the exit
is formally triggered or any new agreement
reached, to be a surge in applications being
submitted to the Home Office by EU nationals
seeking an endorsement of their right to
remain, creating significant backlogs within
the already burdened UK immigration
authorities.

UK Nationals in EU Countries
Most (although not all) EU countries already
have a formal residence registration
requirement for other EU nationals staying for
longer than 90 days. However, the
referendum result will have left many UK
nationals living in other EU Member States
anxious about their futures. It is likely that
many UK nationals in other EU countries who
have previously not applied for permanent
residency will be motivated to do so by the
referendum result in order to shore up their
status and, for some, to get on the pathway to
citizenship of another EU Member State.

Action Items
If you or your company would like any
assistance with understanding the
implications of the referendum result, we
would be very glad to be of service. We are

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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.

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