February 2015

PEREGRINE NEWS
This month we have added eight new immigration processes to Immiguru, including one
new destination country - Bangladesh.
We have also introduced advanced document management and advanced notifications to
Immigo, our global immigration case management cloud software.
We hope you are able to join us for a webinar on Wednesday 25 March 2015 at 3pm (UK
time) to look at Short Term Assignments to Latin America.

Table of Contents
UNITED KINGDOM - BIOMETRIC RESIDENCE PERMITS FOR FIRST TIME APPLICANTS
2
SWITZERLAND QUOTAS FOR EU/EFTA L PERMITS EXHAUSTED FOR FIRST QUARTER OF 2015
3
EGYPT UPDATE: NEW WORK PERMIT APPLICATION REQUIREMENT TESTS LABOUR MARKET
3
MALAYSIA UPDATED SALARY RULES FOR MDEC MSC EMPLOYMENT PASS; AND ENFORCEMENT OF TRANSFER OF
PASS TO NEW PASSPORT
4
BRAZIL PROOF OF EXPERIENCE DOCUMENTARY REQUIREMENTS EASED
6
PHILIPPINES REQUIREMENTS EASED FOR PROMOTED 9(G) VISA HOLDERS
6
ROMANIA 2015 QUOTAS ANNOUNCED
7
DENMARK NEW FAST-TRACK WORK PERMIT SCHEME AND OTHER CHANGES
8
HONG KONG UPCOMING ENHANCEMENT MEASURES TO INCLUDE EXTENDED DURATION OF STAY FOR
EMPLOYMENT PERMITS, AND EXTRA BENEFITS FOR TOP TIER ENTRANTS
9
UKRAINE SIGNIFICANT CHANGES TO WORK PERMIT PROCEDURE
10
MORE FROM PEREGRINE
11

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UNITED KINGDOM Biometric Residence

Permits for First Time
Applicants
New regulations will require non-EEA
nationals seeking permission to come to the
UK from overseas for more than six months to
have a Biometric Residence Permit (BRP).
Currently non-EEA nationals are only required
to apply for a BRP when granted permission
to extend their stay in the UK for more than
six months. From March, the government is
extending this requirement to applicants from
outside the UK as part of the visa application
process.

What's Changed About Application

Procedures?
Instead of having a visa vignette, or sticker,
affixed to a passport or travel document,
migrants will be issued with a short validity
"travel" vignette, allowing them to come to
the UK and collect their BRP within ten days of
arrival.
The change does mean that applicants will
need to be sure to enter the UK in good time,
within the validity of the initial "vignette", and
allow time to collect the BRP post arrival.
The visa application fee is not being increased
as a result of the introduction of overseas
BRPs.

When Will This Happen?

The initiative will be rolled out in phases,
country by country, over a four month period
expected to start in March 2015.

What Is a Biometric Residence

Permit?
The Biometric Residence Permit (BRP) is a
secure document containing biometric data
(fingerprints and a photograph). Biometric
residence permits in the EU have been
introduced as the result of European Union
(EU) regulation 380/2008. The BRP allows the
holder to easily demonstrate their
entitlement to work in the UK, and as such, is
one of the principal documents that
employers can accept when undertaking right
to work checks.

Change to Right to Work Check

Process
With the introduction of the overseas BRP,
employers will be able to either:
conduct the right to work check using
the BRP before employment
commences, resulting in one check.
The next check will be due when the
employees permission to be in the
UK and work expires.
allow employment to commence
before the employee is able to collect
their BRP, resulting in two checks.
Employers must be aware that they
will need to conduct an initial right to
work check on the basis of the short
validity travel vignette, and once
that vignette has expired, a further
check on the basis of the BRP. The
next check will take place when the
permission to be in the UK and work
expires.

Action Items
Note that applicants must bear in
mind the short validity of the vignette
and the need to collect the final BRP

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post arrival when making their travel

plans to the UK
Employers should note that right to
work checks should be done on the
final BRP (i.e. not only on the
vignette), which may affect planned
employment start dates.

SWITZERLAND Quotas for

EU/EFTA L Permits
Exhausted for First Quarter
of 2015
The Q1 2015 quota for short term L permits
(for assignments longer than four months and
generally up to one year), for assignees from
European Union (EU)/European Free Trade
Agreement (EFTA) countries, has been filled.

Who is Affected?

The first quarter 2015 quotas for nonEU/EFTA nationals have also not yet been
filled.

Background
The Swiss government has reduced the work
permit quotas for the year 2015 (see our alert
of 1 December 2014). The quotas are
allocated to the cantons on a quarterly basis.

Action Items
Allow for possible delays with sending
EU/EFTA nationals to Switzerland.
Contact your supplier, or our partner
(details below), for any new EU/EFTA
national assignments to Switzerland,
as pending applications will be
treated differently depending on the
canton.

New, incoming EU/EFTA nationals who are

assigned to Switzerland but remain on foreign
employment contracts will not be issued short
term L permits until the second quarter of
2015.

EGYPT UPDATE: New

Work Permit Application
Requirement Tests Labour
Market

New short term L permit quotas for EU/EFTA

nationals will be available from 1 April 2015.
Some cantons will, in the meantime, continue
to accept new applications in this category
and will keep them on hold until the second
quarter of 2015; other cantons will not. This
should be checked on a case-by-case basis.

The Ministry of Manpower and Immigration in

Egypt has advised that work permit
applications can be submitted (after some
confusion), and that there are changes to the
document requirements with the aim of
testing the local labour market.

Who is Not Affected?

The quotas for long term (over one year) B
permits have not yet been filled.
Also, permits not subject to quotas, such as
the 120 day permit and the short term permit
for assignments of up to four months are not
affected.

The implementation of these changes is likely

to delay permit processing significantly.
The new requirement does not affect
applications that have already been
submitted, renewals or deregistrations.

New Document Requirement

In addition to all the previously required
documents, a letter of support containing a

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detailed job description must now also be

submitted in support of a work permit
application.

applications with monthly basic salary below

RM5000, for Multimedia Super Corridor (MSC)
status companies.

The document should be prepared by the host

company in Arabic, and must include a brief
description of the applicants work experience
and explanation of how this experience may
benefit the host company.

Also, the immigration authorities are

enforcing an existing rule that a holder of an
employment or other pass who has obtained
a new passport must transfer their pass to the
new passport before exiting or re-entering
Malaysia.

This new requirement is designed to check

that the applicant's specific experience
matches the job description, and to ensure
that qualified Egyptian nationals are not
overlooked for the job. The Egyptian
authorities have not yet clarified exactly how
the labour market testing will be carried out.
Nationals of African and Asian countries will
also have to submit an employment contract
in Arabic, legalised by the ministry of foreign
affairs of their home country and also by the
Egyptian embassy or consulate in their home
country.

Action Items
Ensure that new work permit
applications include the required job
description letter.
Plan for delays in work permit
processing as this requirement is
implemented.

MALAYSIA Updated
Salary Rules for MDeC MSC
Employment Pass; and
Enforcement of Transfer of
Pass to New Passport
The Multimedia Development Corporation
(MDeC) has advised of some amendments to
the rules for Employment Pass (EP)

New Rules for MSC Company

Employment Pass Applications
Maximum Duration and Renewals
For Employment Pass (EP) applications with a
monthly basic salary below RM5000, for
Multimedia Super Corridor (MSC) status
companies, the permitted maximum duration
that can be applied for is now two years,
while the pass can only be renewed twice. The
maximum stay in these cases is therefore now
six years.
Previously, an application could be made for
an EP with a duration of up to three years,
and there was no limit on the number of
renewals. This remains true for EP
applications with a salary of more than
RM5000 per month.
Dependant Pass Application Rules Amended
In our alert of 15 January, we advised that
Employment Pass holders at MSC Status
companies with a basic monthly salary of less
than RM5000 are no longer eligible to apply
for a Dependant Pass (DP) for the family. This
restriction has now been extended to the
Social Visit Passes for children aged 18 and
above, parents, parents-in-law and commonlaw spouses.
MDeC has also advised a slight relaxation on
the policy for MSC companies as follows:

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 For new applications, if the EP was

approved or endorsed before 31
December 2014, an application for
Dependant Pass (DP) or Social Visit
Pass (SVP) can still be made. An EP
application submitted and approved
after 31 December 2014 will not be
eligible to sponsor DP or SVP
applications.
For Dependant Pass and Social Visit
Pass renewals, if the DP or SVP was
approved prior to 31 December 2014,
the applicants can proceed to have
the relevant pass renewed. However,
a maximum of two renewals are now
allowed, counting from this date.

Endorsement of Existing Passes in

New Passports
The Malaysian authorities have clarified an
existing rule that a holder of an existing
Employment Pass (EP), Dependant Pass (DP)
or Social Visit Pass (SVP) who obtains a new
passport must have the relevant pass
transferred to the new passport before exiting
or re-entering Malaysia.

New Passport Obtained in Malaysia

Transfer of the relevant pass must be done
immediately upon obtaining the new
passport, and must be completed before any
travel to avoid difficulties at the exit/entry
points.

New Passport Obtained Outside

Malaysia
EP/DP/SVP holders who are visarequired nationals are now required
to obtain a valid visa from their homecountry Malaysian consulate in order
to re-enter Malaysia. Upon arrival in
the country, the transfer of the

relevant pass to the new passport

must be made immediately.Previously
they could re-enter the country with
their old and new passports. The
authorities at the entry point would
normally stamp the new passport
with a Report to Immigration HQ
stamp, with a certain number of days
stay to complete the transfer process.
EP/DP/SVP holders who are visa
waiver nationals can still enter the
country with old and new passports
but may encounter difficulty at the
entry points. Their passport may be
stamped with a Report to
Immigration HQ stamp with a certain
number of days stay to complete the
transfer process.The current
processing time for the transfer of an
Employment Pass or a Dependant
Pass to a new passport is 3-5 weeks at
the Expat Services Division (ESD) in
Putrajaya and 3-5 working days at
MDeC.

Background
The Multimedia Super Corridor (MSC) is a
Special Economic Zone in Malaysia designed
to promote development of the Malaysian ICT
industry. The Multimedia Development
Corporation (MDeC) administers Employment
Passes for MSC status Companies and other
ICT companies. Other Employment Passes and
expatriate services are managed by the
Expatriate Services Division (ESD), which
launched its online application services in
2014.

Action Items
Employers who wish to employ
foreign nationals for more than six
years, or with their families, should
consider increasing their salaries

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above the RM5000 per month

threshold.
Any EP, DP or SVP holder who obtains
a new passport should initiate the
transfer of their pass to the new
passport as soon as possible, to avoid
problems exiting or re-entering
Malaysia.

BRAZIL Proof of
Experience Documentary
Requirements Eased
The Ministry of Labour and Employment will
now accept a wider range of documents as
proof of work experience, in support of a
temporary work visa.
Moreover, in the case of applicants of
companies linked by common ownership it
will be possible to submit a letter of
experience from the Brazilian host company,
which does not need to be legalised abroad.

Who Benefits?
This amendment will be useful to any foreign
national applying for a work visa which
requires proof of previous relevant work
experience abroad. This includes those who
enter Brazil with a temporary local
employment contract with a Brazilian
employer, and those providing technical
assistance or technology transfer services for
up to one year.

What Has Changed?

According to the new Service Order (Ordem
de Servio do Conselho Nacional de Imigrao
n. 01-2015) the Ministry will now accept
translated and legalised employment
contracts or pay slips as proof of work
experience abroad. Previously, only a letter
from the former employer company was
deemed acceptable.
For intra-company transferees within the
same group of companies, the Ministry will
accept a letter signed by the legal

representative of the local (Brazilian) host

company attesting to the applicants relevant
work experience abroad.
As this document does not need to be
translated or legalised, the document
collection stage of the application should, in
these cases, be quicker, and the successful
applicant will be able to start work sooner.

Action Items
If you need to obtain a Brazilian work
visa which requires proof of the
applicants work experience, you can
benefit from the new supporting
document rules to submit applications
quicker.

PHILIPPINES
Requirements Eased for
Promoted 9(g) Visa Holders
The Bureau of Immigration (BI) has exempted
9(g) Commercial Visa holders promoted to a
higher position in the same company from the
previous requirement of downgrading their
9(g) visas to 9(a) visitor visas and then
applying again to convert these back into 9(g)
visas.
The change has been made with the aim of
avoiding unnecessary inconvenience and
expense.

Further Details
Board Resolution No. EED-15-01 (approved on
29 January 2015) sets out the following
requirements to qualify for the exemption:
Promoted 9(g) visa holders must
apply for a new Alien Employment
Permit (AEP) corresponding to the
new position;
They must apply for extension of their
9(g) visas coterminous with their new
AEPs; and

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 They must provide the Bureau of

Immigration with a certified true copy
of their new AEPs.

What is the 9(g) Visa?

The 9(g) Commercial Visa is the work visa
applicable to companies which are not
registered with the Board of Investment (BOI)
or Philippines Economic Zone (PEZA) to fill
executive, technical, managerial or highly
confidential positions for at least one year.
The 9(g) visa may be issued for more than one
year up to three years at a time, not to exceed
the period granted under the Alien
Employment Permit issued by the Department
of Labour and Employment.

Action Items
On the promotion of any 9(g) visa
holder within the same company,
ensure that they meet the criteria
listed above to avoid the long,
inconvenient and expensive process
of applying for another 9(g) visa.

ROMANIA 2015 Quotas

Announced
Romanias work permit quotas for 2015 have
been published in the Official Gazette (art I
no. 87/02.02.2015), according to Government
Decision (H.G) no. 52/28.01.2015.

More About Romanias Work Permit

Quotas
Romanias work permit quotas run from 1
January every year and are decided annually
by the government, based on the proposals
from the Ministry of Labour. The quotas are
set at national level and then subdivided into
categories for local hires, assignees, highly
skilled workers (Blue Cards) as well as
seasonal workers, athletes, cross border
workers, internships and volunteers.

particular category, no more work permit

approvals in that category can be given till the
following year - unless the Romanian
government exceptionally adjusts the quotas
(this last happened in 2012).
The quota limits for 2014 were not reached.

Work Permit Quotas for 2015

The quota amounts for 2015 are the same as
for 2014 (a total of 5500 authorisations),
although allocations are different. The quotas
are as follows:
work authorisations for local hires or
professional athletes: 3300
work authorisations for assignees:
900
work authorisations for highly skilled
workers (Blue Cards): 800
work authorisations for seasonal
workers: 200
work authorisations for interns: 200
work authorisations for cross border
workers: 100
The total number of authorisations is the
same as in 2014 (5500) but the numbers have
been allocated slightly differently:
professional athletes no longer have their
own special category and have been merged
into the local hire category (meaning that this
category has 3300 spaces, up from 3000 in
2014).
Additionally, the quota for seasonal workers
has been increased to 200 (up from 100) and
the category listing for "nominal workers" has
been removed.

Action Items
Note the new work permit quotas for
2015.

Once the quotas have been exhausted for a

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DENMARK New FastTrack Work Permit Scheme

and Other Changes
Denmark has implemented a reform of its
foreign labour regulations, including a new
fast-track scheme, giving certified companies
quicker and easier access to highly qualified
employees from outside the European Union
(EU) and the European Economic Area (EEA).

Fast-Track Scheme
The new scheme, which replaces the previous
Corporate Scheme, allows pre-certified
companies to hire foreign nationals for up to
four years. The employee can start work
immediately after submitting a work permit
application, without waiting for approval, with
a temporary work permit.
Employees may also work alternately in
Denmark and abroad without their work
permit lapsing.
The certification process takes about 30 days,
and can be initiated immediately. The first
possible application date for the individual
work permit is 1 April 2015.

Which Companies Qualify for

Certification?
The scheme is intended for larger
companies with a real need to recruit
highly qualified foreign employees
quickly. The scheme encompasses
both private and public companies,
including universities.
It is a precondition for a residence
permit under the Fast-track scheme
that the company is certified by the
Danish Agency for Labour Market and
Recruitment.
The company must also have at least
20 full-time employees, comply with
Danish salary and employment

standards and not have any serious

issues with Danish authorities.
A company meeting the conditions will be
certified for a period of four years, with the
possibility to extend the certification if the
conditions continue to be met.

Which Employees Qualify for the

Scheme?
One of the following four criteria must be
met:
The foreign national is employed
according to the conditions of the Pay
Limit Scheme (minimum salary DKK
375,000 per year; or
The foreign national is employed as a
researcher; or
The purpose of the employment is a
high-level educational stay (not for
trainees); or
The employment is for a short stay of
maximum three months.
To benefit from quick job start, the candidate
must arrange legal entry into Denmark
themselves, and undergo various checks at
the Danish Agency for Labour Marketand
Recruitment.

Duration
A residence permit under the Fasttrack scheme is granted for a period
of up to four years, unless the
application concerns a short stay of
up to three months. In this case a
residence permit can be granted for a
maximum of three months within one
year.
The permit for a short stay cannot be
extended and an initial application
must be submitted for each short stay
in Denmark.
A residence permit is granted in such
a way that the permit will expire 14

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days after the end date of the

employment contract.

Other Reforms
Establishment Card a new scheme
which enables international graduates
who complete a Danish Masters or
PhD degree to stay in Denmark with a
two-year residence permit which
allows them to work.
Greencard the criteria for this
existing scheme have been tightened.
This points-based scheme allows highscoring candidates to search for jobs
in Denmark with a residence permit
that allows them to work.
Start-up Denmark this is a new trial
scheme to help foreign entrepreneurs
with innovative business plans to start
businesses in Denmark.
Better conditions for researchers.

Action Items
Qualifying companies interested in
benefiting from the Fast-track scheme
to hire highly qualified foreign
employees quickly should apply for
certification as soon as possible, to be
ready for the 1 April 2015 start date
for Fast-track work permit
applications.

HONG KONG Upcoming

Enhancement Measures
to Include Extended
Duration of Stay for
Employment Permits, and
Extra Benefits for Top Tier
Entrants

has announced a series of enhancement

measures to be launched sometime in the
second quarter of 2015, with the aim of
attracting more high-quality foreign
professionals and entrepreneurs to Hong
Kong.
Among other changes, the duration of stay
arrangements will be relaxed and top tier
entrants will be able to change jobs without
prior approval.

Extended Duration of Stay

For entrants under the General Employment
Policy (GEP), the Admission scheme for
Mainland Talents and Professionals (ASMTP)
and the Quality Migrant Admission Scheme
(QMAS, see below), the initial duration of stay
upon entry and subsequent extensions of stay
will be relaxed.
The initial stay of successful applicants under
the GEP, ASMTP or QMAS will be extended
from one year to two years, or in accordance
with the duration of the employment
contract, whichever is shorter.
The duration of extensions of stay will also be
extended from two years, then two years,
then three years to three years then another
three years, so that a foreign national staying
in Hong Kong for the maximum eight years
will only need to extend their stay twice,
rather than three times as previously.

Top Tier Entrants

A newly-defined top tier of entrants may be
granted a six-year extension of stay after their
initial stay of two years. Moreover, a top tier
entrant will have the right to change their job
while in Hong Kong without prior permission
from the Director of Immigration, and will
need only to notify the immigration
department of the change.

Who Qualifies as a Top Tier Entrant?

A candidate for extension of stay under the
GEP, ASMTP or QMAS General Points test
(GPT) may qualify as a top-tier entrant if they
have a provable assessable income for salaries
tax of not less than HK$2 million in the
previous year of assessment.

The Immigration Department of Hong Kong

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Quality Migrant Admission Scheme

(QMAS)
Highly skilled or talented entrants under the
General Points Test (GPT) will also qualify for
the extended duration of stay rules, while
high achievers under the Achievement-based
Points test (APT) may be granted eight years
of stay upon entry.
There will also be bonus points awarded
under the GPT for outstanding academic
background and international work
experience.

Entrepreneurs
An applicant who wishes to establish or join in
a start-up business will soon be able to submit
an application, which may be favourably
considered if the start-up business concerned
is supported by a government-backed
programme and the applicant is the
proprietor or partner of the start-up
company.

Admission Scheme for the Second

Generation of Chinese Hong Kong
Permanent Residents (ASSG)
This new pilot scheme is to be launched in the
second quarter of 2015. Applicants who are
the second generation of Chinese Hong Kong
permanent residents from overseas, may
apply for entry into Hong Kong under ASSG.
There is no sector or quota restriction and no
job offer is required upon entry. Key
requirements include proficiency in written
and spoken Chinese and good education,
qualifications or work experience.

Action Items
Applicants for initial stay or extension
should discuss with their immigration
provider the possibility of waiting to
apply until after the enhancement
measures have come into force in the
second quarter of 2015.

UKRAINE Significant
Changes to Work Permit
Procedure
On 11 February 2015 a Resolution of the
Cabinet of Ministers of Ukraine (No.42 of 28
January 2015) came into effect, amending the
procedure for obtaining and extending work
permits, to the benefit of those doing
business in Ukraine.
Under the amended regulations, the
processing time for work permit applications
has been reduced, work permits can be
extended multiple times and closer to their
expiry date and the labour market search
requirement is waived for additional
categories of applicants.

Time Limits
The maximum processing time for
work permit applications has been
reduced from 15 calendar days to 7
working days;
The employer has 7 business days,
rather than the previous 3 business
days, to submit a signed employment
agreement to the employment
centre;
The employer must pay the work
permit fee within 10 business days
from the applicants receipt of the
decision, instead of the 30 calendar
days from the date of the authoritys
decision.

Work Permit Extension

A work permit can now be extended
unlimited times within the term of the
employment contract. Previously only
one extension was allowed, after
which a new work permit application
had to be submitted;
The deadline for submitting an
application for extension of a work

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permit has been amended from 30

calendar days to 20 calendar days
before expiration.

Labour Market Search Waiver

The 15-day labour market search period,
between the date of the announcement of
the vacancy and the date of application for a
work permit, has been waived for some
information technology sector applicants, for
those creating copyrighted work and for
graduates from top-100 higher educational
institutions.

Other Changes
Applicants must now be notified of
decisions by email as well as regular
mail;
The employment centre must return
documents to applicants if
applications are denied or rejected;
A new application form has been
introduced.

MORE FROM PEREGRINE

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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 2014 Peregrine
Immigration Management Ltd.

Action Items
Employers should adjust their plans to
take into account reduced processing
times and unlimited extensions;
Employers must meet the new
shorter deadlines for paying the
processing fee and for submitting the
signed employment agreement.

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