Pro-Link GLOBAL Immigration Dispatch | June 27 – July 3, 2017

by Kent O'Neil  |  Orig. pub. 7/3/17 in the Pro-Link GLOBAL Immigration Dispatch

Discover key changes to immigration regulations in Australia, Canada, Denmark, Philippines, and Vietnam.

Featured Update

PHILIPPINES | Exiting Process for Long-Term Work Assignments Now Takes Four to Six Weeks

With the simple act of making the previous “standard” but often unobserved procedure for exiting the country now mandatory, authorities have added four to six weeks to the end of long-term work assignments for foreign nationals in the Philippines. Effective immediately, the Filipino Bureau of Immigration (BOI) will no longer process applications to cancel Alien Certificate of Registration Identity Cards (ACR I-Cards) unless the corresponding long-term work visa has first been downgraded to a tourist visit visa.

While the downgrading process had been the official “standard procedure” for some time, the step was more often ignored because of the additional time it added to the process of exiting the country. In practice, most foreign nationals completing long-term work assignments in the Philippines simply exited the country prior to the expiration of their visa and had their immigration agents cancel their ACR I-Cards on their behalf once outside the country. With this new BOI policy, foreign nationals will be required to remain in the Philippines at the end of their assignments while their long-term visa is downgraded to a tourist visit visa, their ACR I-Card is canceled, and an Emigration Clearance Certificate (ECC) is obtained: a process that often takes four to six weeks.

During the period from cancelation of their long-term work visa to issuance of the ECC and exit, the employee will not be authorized to work. While a two to three week “vacation” at the end of their assignments may be welcomed by some foreign nationals, the policy presents a major interruption in business plans for many employees and companies where an employee may be needed on another assignment in their home country or elsewhere.

Effective immediately and going forward, the required steps to now exit the Philippines at the end of long-term work assignments is as follows:

• Six weeks prior to the anticipated exit date, apply for a visa downgrade from the current long-term work visa to a 59-day tourist visit visa;
• Upon issuance of the tourist visit visa, cancel the ACR I-Card;
• Apply for and obtain the ECC; and
• Exit the Philippines.

For those who may still be tempted to avoid the delay and attempt to exit the country without first downgrading visas, bear in mind that the BOI has indicated that it now has a computerized database accessible to BOI officials at the various local offices and exit points to determine if a downgrading application has been filed and then deny exit permission. Thus, Pro-Link GLOBAL advises foreign nationals on long-term work visas to now plan for this downgrading procedure and to be in close contact with their Immigration Specialists as their current assignment approaches two months from completion to avoid delays in exiting.

Immigration Changes from Around the World

AUSTRALIA | New Criteria Allow More Companies to Enjoy 457 Accredited Sponsor Benefits

Effective July 1, the Australian Department of Immigration and Border Protection (DIBP) is making it easier for more companies to qualify as Accredited Sponsors under the popular Subclass 457 Visa stream. Accredited Sponsors receive priority allocation and streamlined processing of their nomination and visa applications. While the changes to the accreditation characteristics do not effect current Accredited Sponsors and their benefits under the program, the new criteria should be particularly beneficial to companies with lower volumes of 457 Visa applications or high application volumes with medium percentages of Australian workers.

Companies with Low Application Volume, but High Percentage of Australian Workers (Category 3)

Companies in this category who meet the definition of Standard Business Sponsors and the following additional criteria will now qualify as Accredited Sponsors:

• Publicly-listed or private company with at least AUD $4 million annual turnover for the past two years;
• Active 457 sponsor for at least two years;
• No adverse monitoring outcomes;
• Sponsored at least one primary 457 Visa holder in the prior two years;
• Non-approval rate of under three-percent for the prior two years; and
• Australian workers comprise at least 90-percent of local workforce.

Companies with High Application Volume, and Medium Percentage of Australian Workers (Category 4)

Companies in this category who meet the definition of Standard Business Sponsors and the following additional criteria will now qualify as Accredited Sponsors:

• All of the applicable criteria listed in Category 3 above; and
• Sponsored at least ten primary 457 Visa holders in the prior two years; and
• Australian workers comprise at least 75-percent of local workforce.

Additional Application Document Requirements

Companies wishing to qualify as Accredited Sponsors under the new criteria must already be qualified Standard Business Sponsors and submit a sponsorship variation application (Form 1196). Note that in order to qualify under Categories 3 and 4 outlined above, several additional evidentiary documents are required to be submitted along with the sponsorship variation application:

• Template contract used for all 457 Visa employees showing at least the minimum employment entitlements under the National Employment Standards (unless exempt);
• Enterprise Agreement or internal salary table for all occupations in the company and evidence showing how listed salaries reflect current market rates;
• Evidence relating to business activities: e.g. profit/loss statements, business activity statements, annual reports; and
• List and details of all principals and directors, including a current or historical Australian Securities and Investments Commission (SIC) extract if applicable.

The July 1 changes also liberalize Accredited Sponsorship criteria for government agencies (Category 1) and Australian Trusted Traders (Category 2) as well. For specific questions on the new criteria, or for assistance with becoming an Australian Subclass 457 Visa Accredited Sponsor, companies are invited to reach out to their Pro-Link GLOBAL Immigration Specialist or call or email our Melbourne office using the contact information located here.

CANADA | Flagpoling Limited to Certain Days in Southern Ontario

Effective immediately, the Canada Border Services Agency (CBSA) counters at the ports of entry in southern Ontario province are limiting the days on which they will accept flagpole applications for work permits or confirmations of permanent residence. The CBSA authorities at the Rainbow Bridge, Queenstown-Lewiston Bridge, and Peace Bridge crossings no longer accept flagpole work permit applications or permanent residence landings on Fridays, Saturdays, Sundays, or Mondays. Flagpole submissions will only be accepted at those crossings Tuesdays through Thursdays.

“Flagpoling” is the practice of temporary foreign residents in Canada who are applying for work permits or finalizing permanent residence briefly exiting Canada at a land border crossing, informing the U.S. border officer that they are entering the United States solely for the purpose of a Canadian immigration process, and immediately returning to Canada. With this limitation on possible days of the week, foreign nationals using this practice to apply for work permits or finalize permanent residence should plan their land crossings in southern Ontario for a Tuesday, Wednesday, or Thursday – or plan their crossing at a border point in another province or re-enter by air. However, it is advisable to check with authorities at the intended land border crossing prior to travel. While there have been no similar announcements by other border crossings, it is unknown if others may soon follow the practice in Ontario.

The move was reportedly in response to the high volume of border crossings in Ontario around the weekends. Given the concentration of such applications now into just three days, applicants should also expect greatly increased volume and wait times on these days and plan travel accordingly. If foreign nationals have questions regarding this change and their options for applying for work permits or confirming permanent residence in this manner, please don’t hesitate to reach out to your Pro-Link GLOBAL Immigration Specialist.

DENMARK | Efforts to Standardize CPR Registration Bring Stricter Requirements and Online System Pilot

The process for foreign nationals registering their residence in Denmark is undergoing changes: including stricter requirements for documents submitted in support of registration and a new online registration system being piloted in Copenhagen. While Civil Personal Registration (CPR) of foreign nationals in Denmark has traditionally been a largely local affair – subject to significant variations by municipality – the trend is to now standardize requirements across Denmark. With this movement toward standardization, some document requirements are becoming stricter.

When applying for CPR registration, foreign nationals should now be prepared to have apostilled or legalized marriage certificates and children’s birth certificates if those certificates originate from non-European Union (EU) countries other than the United States, Canada, Australia, New Zealand, and Turkey. Going forward, foreign nationals with marriage and birth certificates from these nations should obtain the apostilled/legalized documents ahead of time and bring them with them to Denmark. For foreign nationals already in Denmark without the requisite apostilled/legalized certificates, in most cases CPR registration can begin with officials requiring the apostilled/legalized documents within a set timeframe. In all cases, foreign nationals with concerns should reach out to their Pro-Link GLOBAL Immigration Specialists for assistance. An updated list of countries from which apostilled/legalized documents are required in Denmark and a list of the 113 countries that have adopted the Hague Apostille Convention can be found here and here.

Apparently as part of this move to improve and standardize the registration process, Copenhagen is currently working with a new online CPR registration system. Reportedly, the new system – currently being piloted only in Copenhagen – allows users to obtain application approval in as little as one to two working days. However, as with any new electronic system, local authorities are finding technical challenges and are working to correct glitches. Pro-Link GLOBAL will continue to follow the pilot phase and report on developments regarding this new system, which will presumably be implemented nation-wide at some point. 

VIETNAM | New Form Increases Multiple Entry Business Visa Process by Two-Days in Ho Chi Minh City

Effective immediately, the Immigration Authority in Ho Chi Minh City has replaced the primary application form for the Multiple Entry Business Visa (MEBV). A new Form NA-2 has now replaced the previous Form NA-18 only in Ho Chi Minh City; thus far, no other provinces have announced a similar change.

While there are no substantive changes in requirements, the new form brings a slight change in process. The new Form NA-2 requires the provision of the application details (i.e. assignee information, and assignment and entry dates) to authorities prior to submission who then print and return the partially-completed application for signing and stamping by the sponsoring company. With this change, companies should anticipate an additional two business days in the process for MEBV applications lodged in Ho Chi Minh City. 

Reminders: Recent and Upcoming Immigration Implementations

The following are reminders of recent or upcoming implementation dates that you should know:

• July 1, Australia: Numerous changes to work permits, residency, and citizenship rules take effect. Pro-Link GLOBAL continues to track the multiple official announcements and guidance circulars which continue to be released through the early part of this month. For more details, see our Immigration Dispatch of June 12 and watch for continuing updates in coming publications.

Caveat Lector | Warning to Reader  - This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change at a moment's notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Pro-Link GLOBAL's Counsel and Knowledge Management teams. We worked with our PLG | KGNM Canada Office “Rekai LLP”, our PLG | KGNM Denmark Offices “Alfa Quality Moving & Relocation A/S” and “Copenhagen Relocations APS”, our PLG | KGNM Philippines Offices “Asian Tigers Mobility Limited” and “Orientations Ltd.”, and our PLG | KGNM Vietnam Office “Asian Tigers Mobility (Hong Kong) Limited” to provide you this update. Information contained in this Global Immigration Dispatch is prepared using information obtained from various media outlets, government publications and our KGNM immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department ([email protected]) with any additional requests for information or to request reproduction of this material.