5 October 2016
Mayer Brown’s Global Directions is a summary of recent immigration and mobility trends arising in key jurisdictions around the globe. This high-level overview alerts recipients to select changes in law and practice that may affect their global mobility programs.
Morocco Joins the Hague Apostille Convention
- Morocco has signed and implemented the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, commonly known as the Apostille Convention, effective August 14, 2016.
- Documents issued in Morocco and certified with an Apostille no longer require legalization to be recognized by other Apostille Convention members. Similarly, documents issued by other convention countries with Apostille no longer require legalization to be used in Morocco.
Business Visitor Visas to Be Issued With Validity of up to Three Years
- The Cambodian Tourism Minister announced on September 1, 2016, that the government will issue multiple-entry tourist and business visitor visas with validity of up to three years.
- Currently, most visitor visas are issued in one-year increments. The new visas will become available as Cambodia finalizes agreements with foreign governments.
New Framework for Temporary Work Visas to Be Implemented in November
- Effective November 19, 2016, a new visa framework will revise the subclass for several temporary work visa categories.
- The following revised visa subclasses will allow applicants to enter Australia for temporary work or a specified activity:
- Subclass 400 Temporary Work (Short Stay Specialist) Visa. This visa will allow workers to enter Australia to undertake short-term, specialized work of a fixed duration as well as participate in activities related to Australia’s interests.
- Subclass 403 Temporary Work (International Relations) Visa. This visa will allow workers to enter Australia in relation to a bilateral agreement; to represent a foreign government, as a person with statutory privileges and immunities; or to participate in the Seasonal Worker Programme, among other activities.
- Subclass 407 Training Visa. This visa will allow workers to enter Australia to undertake occupational training or participate in classroom-based professional development activities.
- Subclass 408 Temporary Activity Visa. This visa will allow temporary workers to enter Australia to participate in a non-ongoing cultural or social activity at the invitation of an Australian organization, observe or participate as an academic in a research project, work in a skilled position under a staff exchange arrangement and participate in an Australian-government-endorsed event, among other activities.
Standards Clarified for Intracompany Assignments for Highly Skilled Workers
- The Ministry of Labor and Ministry of Interior have issued a joint circular further describing the work permit process for intracompany transfers who are highly specialized workers, managers and directors on assignment in Italy. The statement creates a more uniform process and more standardized requirements for work permit applications for workers in these categories.
- The new provisions for intracompany work permits in these categories include the following:
- Employer Letter. The employer must provide a letter of support or letter of assignment that is countersigned by the worker. The letter must confirm the nature of the assigning company’s business and its affiliation to the Italian host entity as well as the reason(s) for the assignment and a confirmation of its duration and the salary provided. The letter must further provide a professional history of the worker, including hiring date, job title, professional qualifications for the proposed assignment and educational background.
- Confirmation of Social Security Obligations. The employer must provide a copy of the social security certificate or certificate of coverage issued by the social security institution of the worker’s home country, if applicable, or confirmation that the employer will comply with Italian social security obligations on behalf of the worker.
- Financial Statement. The employer must provide the most recent financial statement of the foreign assigning company, which must be legalized and translated.
PM Rejects Points-Based System for EU Nationals
- Prime Minister Theresa May said on September 5, 2016, that the United Kingdom would not move to a points-based system that had previously been supported by advocates of the “Brexit” campaign. The Prime Minister stated that the points-based system would not provide the country with the “control” it sought to obtain through its Brexit vote.
- The points-based system, which has been implemented in the United Kingdom for non-EU nationals since 2008, assigns points-based values to different classes of migrants based upon, among other factors, level of education, professional experience and job opportunity.
Chile Joins the Hague Apostille Convention
- Chile has signed and implemented the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, commonly known as the Apostille Convention, effective August 30, 2016.
- Documents issued in Chile and certified with an Apostille no longer require legalization to be recognized by other Apostille Convention members. Similarly, documents issued by other convention countries with Apostille no longer require legalization to be used in Chile.