Immigration An International Handbook

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					Immigration
An International Handbook
A Ius Laboris Publication
Produced by the Immigration International Practice Group

Printed: January 2011




Nothing stated in this book should be treated as an authoritative statement of the
law on any particular aspect or in any specific case. Action should not be taken
on the basis of this book alone. For specific advice on any particular matter you should
consult the relevant country representative listed inside. The law is stated as at
January 2011.




                       ®
                           Is a registered trademark of Ius Laboris scrl
Immigration
An International Handbook
In today’s global marketplace, businesses increasingly operate on a regional or
international scale. Companies that coordinate their employees across multiple
jurisdictions must comply with the rules and regulations governing
employment, labour, pensions, and immigration law in each of those
jurisdictions. As a result, retaining legal experts with knowledge and
experience in both international and local Human Resources law is essential for
businesses of all sizes.

Ius Laboris is an alliance of leading Human Resources law practitioners.
We have more than 2,500 lawyers providing local expertise across the globe,
with member firms in over 40 countries and coverage in more than 100
jurisdictions. Human Resources challenges require local expertise within a
global framework. The complexities of national employment law demand it
and the Ius Laboris members provide it.

Each of our members must be a top-ranking Human Resources or Pensions law
firm in their respective locality to be invited to join Ius Laboris. We welcome
into our Alliance only firms that possess focused expertise in all disciplines of
labour, employment and pensions law. Our lawyers understand the issues and
challenges associated with managing a workforce, wherever it is located.

The Alliance focuses on specific areas of expertise within our six International
Practice Groups (IPGs). The IPGs bring together lawyers from across the
Alliance with expertise in key areas of Human Resources law; including
Individual Employment Rights, Discrimination, Restructuring and Labour
Relations, Pensions, Employee Benefits and Tax, and Immigration.
                                                                                    Contributors



In our experience, local expertise in these areas of law is crucial to developing   ARGENTINA                       BRAZIL
coherent Human Resources strategies that work within a global framework.            Norberto Cellerino              Maria Luisa Soter
Our IPGs meet regularly and are well placed to coordinate regional and              Funes de Rioja & Asociados      Veirano Advogados
worldwide requests, drawing on each individual lawyer’s wealth of experience.       Av. Madero 942                  Av. Presidente Wilson, 231
Clients can access the work of our IPGs, which complement our extensive             C1106ACW Buenos Aires           21stº floor
portfolio of legal services.                                                        Argentina                       Rio de Janeiro - RJ 20030-021
                                                                                    T +54 11 4348 4100              Brazil
The Immigration IPG brings together a dedicated group of leading immigration        F +54 11 4348 4155              T +55 21 3824-4747
practitioners from across the Alliance, creating a truly worldwide network to       E noc@funes.com.ar                +55 21 3824 4600
handle clients’ international migration needs. Members of this practice group       www.funes.com.ar                F +55 21 2262-4247
advise clients on a range of global migration issues, whether strategising                                          E isa.soter@veirano.com.br
for large transfers over several countries in a coordinated fashion, or handling    AUSTRIA                         www.veirano.com.br
a single international secondment. Advice is given in a manner that allows          Birgit Vogt-Majarek
planning employee transfers seamlessly, filing appropriate short or long term       Kunz Schima Wallentin           CANADA
permits, ensuring dependents are also taken care of, tracking renewals,             Porzellangasse 4                Helen Park
handling nationality requirements, and advising on entry/exit requirements.         1090 Vienna                     HeenanBlaikie
                                                                                    Austria                         Suite 2200,
For any additional information, please visit our website (www.iuslaboris.com)       T +43 1 313 74 0                1055 West Hastings Street
or feel free to contact us:                                                         F +43 1 313 74 80               Vancouver, B.C.
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                                                                                    www.ksw.at                      Canada
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                                                                                    BELGIUM                         F +1 866 230 3476
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Ius Laboris                                                                         Claeys & Engels                 www.heenan.ca
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1160 Brussels                                                                       Belgium
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E info@iuslaboris.com                                                               www.claeysengels.be
CHILE                             DENMARK                       FINLAND                           GREECE
Marcela Salazar                   Nicole Offendal               Seppo Havia                       Alexia Stratou
Philippi, Yrarrazaval, Pulido &   Elsebeth Aaes-Joergensen      Johanna Jacobsson                 Christianna Lyveri
Brunner                           Norrbom Vinding               Dittmar & Indrenius               Kremalis Law Firm
Avenue El Golf 40, piso 20        Locations & Partner           Pohjoisesplanadi 25 A             35 Kyrillou Loukareos
Las Condes CP 755-0107            Amerikakaj                    00100 Helsinki                    114 75 Athens
Santiago                          Dampfaergevej 26              Finland                           Greece
Chile                             2100 Copenhagen               T +358 9 681 700                  T +30 210 64 31 387
T +56 2 364 3728                  Denmark                       F +358 9 652 406                  F +30 210 64 60 313
F +56 2 364 3746                  T +45 35 25 39 40             E seppo.havia@dittmar.fi          E astratou@kremalis.gr
E msalazar@philippi.cl            F +45 35 25 39 50                johanna.jacobsson@dittmar.fi     clyveri@kremalis.gr
www.philippi.cl                   E no@norrbomvinding.com       www.dittmar.fi                    www.kremalis.gr
                                    eaj@norrbomvinding.com
COLOMBIA                          www.norrbomvinding.com        FRANCE                            INDIA
Connie Nunez                                                    Anne-Laure Périès                 Manishi Pathak
          <




Brigard & Urrutia                 DOMINICAN REPUBLIC            Capstan                           Kochhar & Co
Calle 70 A # 4- 41                Norman G. De Castro           Stratégie Concept – Bât 4         11th Floor, Tower A, DLF Towers
Bogotá                            Isabel Andrickson             1300, avenue Albert Einstein      Jasola
Colombia                          Pellerano & Herrera           34000 Montpellier                 Jasola District Center
T +1 571 744 2244                 Avenue John F Kennedy No 10   France                            New Delhi – 110025
F +1 571 310 0609 / 310 0586      Santo Domingo                 T +33 4 67 15 90 90               India
E cnunez@bu.com.co                Dominican Republic            F +33 4 67 15 90 91               T +91 11 4111 5222 / 4056 3812
www.bu.com.co                     T +1 809 541 5200             E alperies@capstan.fr             F +91 11 4056 3813
                                  F +1 809 567 0773             www.capstan.fr                    E manishi.pathak@kochhar.com
CYPRUS                            E n.decastro@phlaw.com                                          www.kochhar.com
George Georgiou                     i.andrickson@phlaw.com      GERMANY
Anna Praxitelous                  www.phlaw.com                 Stefan Fischer                    IRELAND
The Law Offices of George Z.                                    Kliemt & Vollstädt                Jennifer O'Neill
Georgiou                          ESTONIA                       Ulmenstrasse 37-39                LK Shields Solicitors
1st Floor, 1 Eras Street          Sven Papp                     60325 Frankfurt                   39/40 Upper Mount Street
1060 Nicosia                      Kadri Michelson               Germany                           Dublin 2
Cyprus                            Raidla Lejins & Norcous       T +49 69 710 410 0                Ireland
T +357 22 76 33 40                Roosikrantsi 2                F +49 69 710 410 200              T +353 1 661 0866
F +357 22 76 33 43                EE-10119 Tallinn              E stefan.fischer@kliemt.de        F +353 1 661 0883
E george@gzg.com.cy               Estonia                       www.kliemt.de                     E joneill@lkshields.ie
  annap@gzg.com.cy                T +372 640 7170                                                 www.lkshields.ie
www.gzg.com.cy                    F +372 640 7171
                                  E sven.papp@rln.ee
                                    kadri.michelson@rln.ee
                                  www.rln.ee
ITALY                           LUXEMBOURG                        NORWAY                          POLAND
Valeria Morosini                Nadège Arcanger                   Anne-Silje Grytten              Grzegorz Ruszczyk
Lea Rossi                       Castegnaro Cabinet d’Avocats      Advokatfirmaet Hjort DA         Raczkowski i Wspólnicy sp.k.
Toffoletto e Soci               33, Allée Scheffer                Akersgaten 51                   ul. Ciasna 6
Via Rovello, 12                 2520 Luxembourg                   P.O.Box 471 Sentrum             00-232 Warsaw
20121 Milan                     T +352 26 86 82 1                 0105 Oslo                       Poland
Italy                           F +352 26 86 82 82                Norway                          T +48 22 537 52 84
T +39 02 721 44 1               E nadege.arcanger@castegnaro.lu   T + 47 22 47 18 00              F +48 22 531 52 81
F +39 02 721 44 500             www.castegnaro.lu                 F + 47 22 47 18 18              E grzegorz.ruszczyk@raczkowski.eu
E sab@toffoletto.it                                               E asg@hjort.no                  www.raczkowski.eu
   svm@toffoletto.it            MEXICO                            www.hjort.no
www.toffoletto.it               Monica Schiaffino                                                 PUERTO RICO
                                Basham, Ringe y Correa SC         PANAMA                          Radames A Torruella
LATVIA                          Paseo de los Tamarindos No. 400   Reneé Chantall Santos           McConnel Valdés LLC


                                        <
Kristine Patmalniece            A, Floor 9                        Arosemena Noriega & Contreras   270 Munoz Rivera Avenue
Raidla Lejins & Norcous         Bosques de las Lomas 05120        Elvira Mendez Street No. 10     Hato Rey
Kr. Valdemara iela 20           Mexico                            Interseco Building, 2nd floor   Puerto Rico 00918
Riga, LV-1010                   T +52 55 52 61 0400               P.O. Box 0816-01560             Puerto Rico
Latvia                          F +52 55 52 61 0496               Panama                          T +1 787 759 9292
T +371 6724-0689                E mschiaffino@basham.com.mx       T +507 366 8400                 F +1 787 759 9225
F +371 6782-1524                www.basham.com.mx                 F +507 264 4569                 E rat@mcvpr.com
E kristine.patmalniece@rln.lv                                     E csantos@anorco.com.pa         www-mcconnellvaldes.com
www.rln.lv                      NETHERLANDS                       www.anorco.com
                                Catherine Krepel                                                  PORTUGAL
LITHUANIA                       Bronsgeest Deur Advocaten         PERU                            Bruno Barbosa
Zilvinas Kvietkus               De Lairessestraat 137-143         Lucianna Polar                  Pinto, Bessa Monteiro, Reis, Branco
Raidla Lejins & Norcous         1075 HJ Amsterdam                 Estudio Olaechea                & Associados, RL (pbbr)
Lvovo 25                        Netherlands                       Bernardo Monteagudo 201,        Av. da liberdade, nº 110 - 6º
09320 Vilnius                   T +31 20 305 33 33                San Isidro, Lima 27             1250-146 Lisbon
Lithuania                       F +31 20 305 33 30                Peru                            Portugal
T +370 5250 0800                E c.krepel@bd-advocaten.nl        T +51 1 219 0400                T +351 21 326 47 47
F +370 5250 0802                www.bd-advocaten.nl               F +51 1 219 4020 / 0422         F +351 21 352 47 57
E zilvinas.kvietkus@rln.lt                                        E luciannapolar@esola.com.pe    E bruno.barbosa@pbbr.pt
www.rln.lt                                                        www.esola.com.pe                www.pbbr.pt
RUSSIA                            SWITZERLAND                              USA
Olga Pimanova                     Stephanie Buchheim                       Jorge R. Lopez
Law Firm ALRUD                    Lenz & Staehelin                         Littler Mendelson PC
2nd floor - 17 Skakovaya Street   Bleicherweg 58                           One Biscayne Tower
125040 Moscow                     8027 Zurich                              2 South Biscayne Boulevard
Russia                            Switzerland                              Suite 1500
T + 7 495 234 96 92               T +41 58 450 8000                        Miami, FL 33131-804
F + 7 495 956 37 18               F +41 58 450 80 01                       USA
E opimanova@alrud.ru              E stephanie.buchheim@lenzstaehelin.com   T +1 305 400 7504
www.alrud.com                     www.lenzstaehelin.com                    F +1 305 603 2552
                                                                           E jlopez@littler.com
SPAIN                             TURKEY                                   www.littler.com
Ana Garicano                      Maria Celebi
Sagardoy Abogados                 Bener Law Office                         VENEZUELA
C/Tutor 27                        Yapi Kredi Plaza, C blok, Kat. 4         Carolina Puppio
28008 Madrid                      34330 Levent                             Araque Reyna Sosa Viso & Pittier
Spain                             Istanbul                                 Centro Lido, Torre C, Piso 8 y 9
T +34 915 429 040                 Turkey                                   Av. Franscisco.de Miranda, El Rosal
F +34 915 422 657                 T +90 212 270 70 50                      Caracas
E ags@sagardoy.com                F +90 212 270 68 65                      Venezuela
www.sagardoy.com                  E maria.celebi@bener.com.tr              T +58 212 953 9244
                                  www.bener.av.tr                          F +58 212 953 7777
SWEDEN                                                                     E cpuppio@araquereyna.com
Jenny Hellberg                    UNITED KINGDOM                           www.araquereyna.com
Elmzell Advokatbyrå AB            George Koureas
Gamla Brogatan 32                 Lewis Silkin LLP                         EDITOR
111 20 Stockholm                  5 Chancery Lane                          Deborah Ishihara
Sweden                            Clifford's Inn                           Ishihara & Co Limited
T +46 8 21 16 04                  London EC4A 1BL                          writing - editing - proof reading
F +46 8 21 00 03                  England                                  T +44 (0)20 8549 2772
E jenny.hellberg@elmzell.se       T +44 20 7074 8175                       E deborah@ishihara.co.uk
www.elmzell.se                    F +44 20 7864 1789
                                  E george.koureas@lewissilkin.com
                                  www.lewissilkin.com
Contents




INTRODUCTION         15
ARGENTINA            17
AUSTRIA              29
BELGIUM              41
BRAZIL               55
CANADA               69
CHILE                81
COLOMBIA             89
CYPRUS               107
DENMARK              125
DOMINICAN REPUBLIC   139
ESTONIA              151
FINLAND              165
FRANCE               175
GERMANY              193
GREECE               205
INDIA                221
IRELAND              233
ITALY                251
LATVIA               263
LITHUANIA            275
                                                                                                    INTRODUCTION




                            Introduction

LUXEMBOURG            291   As one of several Ius Laboris Immigration International Practice Groups, we
                            have compiled this practical guide to the business immigration requirements of
MEXICO                315
                            36 jurisdictions within Europe and the Americas.
NETHERLANDS           325
NORWAY                335   Large, medium and small businesses across all jurisdictions rely on foreign
                            workers: professional and skilled, seasonal and permanent. From high-tech
PANAMA                349   and biotech, to the hospitality industries, the demand for skilled and
PERU                  363   professional workers from other countries is ever increasing, given the
                            growing shortage of qualified domestic workers in many countries.
POLAND                371
PORTUGAL              385   Additionally, the increase in foreign investment into many developing countries
                            is resulting in a growing need for experienced professionals in those countries.
RUSSIA                395
SPAIN                 407   Interestingly, with an eye to luring highly skilled third country migrants to the
                            EU, the European Commission has recently announced a scheme called the
SWEDEN                433
                            ‘blue card’, with an expedited work and residence permit integrating
SWITZERLAND           441   enhanced socio-economic rights and benefits. This blue card programme grew
                            out of the realisation that the US immigration of skilled workers has greatly
TURKEY                453
                            fueled US economic growth. This had led regions such as the EU to compete
UNITED KINGDOM        465   to persuade professionals and skilled workers to migrate to Europe instead of
USA (& PUERTO RICO)   475   the US or Canada. The worldwide trend is obvious.

VENEZUELA             487   The aim of this publication is to assist professionals in managing global
                            workforces, no matter where foreign workers are needed, and provide them
                            with a summary to assist in the overall planning of their international transfers.

                            For further information on the law in any given state, please contact the
                            relevant Ius Laboris member firm listed above or:




                            Maria Lianides Celebi (Bener Law Office, Turkey)
                            Isa Soter (Veirano Advogados, Brazil)
                            Co-Chairs of the Immigration International Practice Group.



                                                                                                         15
1. INTRODUCTION                             19

2. SOURCES OF LAW                           20

3. VISITORS FOR BUSINESS PURPOSES           21

3.1 Visas                                   21
3.2 Permitted Activities                    21
3.3 Procedures                              21
3.4 Documents                               21

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   22

4.1 General                                 22
4.2 Procedures                              22
4.3 Documents

5. WORK PERMITS
                                            22

                                            22
                                                 Argentina
5.1 General                                 22
    5.1.1 Procedures                        22
    5.1.2 Documents                         22

5.2 Special Preference Categories           25
    5.2.1 Procedures                        26
    5.2.2 Documents                         26

6. LAWFUL STAY FOR DEPENDANTS               26

6.1 General                                 26
6.2 Procedures                              26
6.3 Documents                               26
                                       Immigration - An International Handbook - ARGENTINA




1. INTRODUCTION

Migration has had, and still has, a particular importance in Argentina because,
since the end of the 19th century, the country has had strong waves of
European migration, coming mainly from Spain and Italy. In the 21st century,
Argentina has experienced the phenomenon of globalisation and, the fact that
multinational organisations transfer expatriate workers from one country to
another. This generates immigration involving both multinational organisations
as employers and transferred employees, who change their place of residence
to start or continue an employment relationship.

The Preamble to the National Constitution of 1853 guarantees constitutional
rights for all individuals who wish to live in Argentina. Based on this, Argentina
has received a significant migration wave that still continues in the present
time, not only from Europe but also from the rest of the world, including a
high proportion of South American, Asian and African migrants.

At present, all immigration matters are ruled and controlled by the National
Migration Office, which has jurisdiction over the whole country.

The National Migration Office is a decentralised body that derives from the
Interior Ministry. Its goal is to enforce and regulate Argentinean immigration
policy. It is the enforcement institution, as provided for in Law 25.871, with
jurisdiction over the admission of foreign nationals and the departure of
citizens, whether local or foreign, from Argentina.

This body grants and cancels entry permits, gives authorisations to leave the
country, grants transitory, temporary or permanent residence authorisations,
residence extensions and makes changes of immigration categories.

Likewise, it controls the stay of foreign nationals in Argentina through migration
inspections made at its own discretion or at the request of the judicial or
national, provincial or municipal administrative authorities. It is the institution
in charge of controlling the entry and departure of individuals to and from
Argentina. For this purpose, it is entitled to specify the appropriate place and
time for the international transit of individuals at legally authorised border
crossings. At present, there are 224 authorised border crossings, operated by
the National Migration Office’s own staff or by the Border Guard or Coast
Guard in their role as an Auxiliary Force, at the National Migration Office’s
request.




                                                                                   19
Ius Laboris                                                                                                             Immigration - An International Handbook - ARGENTINA




The National Migration Office has jurisdiction over the whole of Argentina and    3. VISITORS   FOR BUSINESS PURPOSES
has a number of offices, one of which deals with the ‘Patria Grande’ and the
‘CONARE’ programmes (Migration programmes to regularise migration                 3.1 Visas
issues). There are 25 delegations and six migration offices in the provinces of   No matter what their origin is, all individuals need a visa to enter Argentina.
Argentina.                                                                        The National Migration Office grants a visa for 90 days but this can be extended
                                                                                  for a further 90 days for tourism or business.

2. SOURCES    OF LAW                                                              3.2 Permitted Activities
                                                                                  A business visa entitles a foreign national to hold business meetings but not to
Below are the main sources of immigration law in Argentina:                       perform any paid activity or to sign any contracts. In order to obtain a business
                                                                                  visa it is convenient, although not mandatory, to have an express letter of
•   Migration Act (Law 25871) and its regulatory Decree no 616/2010               invitation from the petitioning organisation in Argentina. On the other hand,
•   General Recognition and Protection Act for Refugees (Law 26165)               a work visa (being different than the business visa) requires a specially
•   Act for the Prevention and Punishment of the Slave Trade and Assistance       documented approval to be processed at the National Migration Office, which
    to Victims of the Slave Trade (Law 26364)                                     authorises a foreign national to enter Argentina as a migrant worker under a
•   Citizenship for Children of Argentinean Children Born Abroad (Executive       dependent employment relationship with the petitioning organisation for a
    Order 1601/2004)                                                              three-year period, which can be extended.
•   Programme of Regularisation of Migration Documents (Mercosur -
    Executive Orders 836/2004 - 578/2005 - Provision DNM 53253/05)                3.3 Procedures
•   Programme of Regularisation of Migration Documents (ExtraMercosur             The following procedures must be followed to obtain a visa for business
    Executive Order 1169/2004)                                                    purposes:
•   Integral System of Migration Capture ‘S.I.Ca.M’ (Resolution 8/2005)
•   Regulations for the Authorisation of Entry and Departure of Minors            •   an application letter and the relevant documents must be presented at the
    (Resolution 2895/1985)                                                            National Migration Office by the foreign national in person
•   National Registry of Legal Agents for Migrants (Provision DNM                 •   the foreign national will receive an entry permit.
    32689/2004)
•   National Registry of Petitioners of Foreign Citizens (Provision DNM           3.4 Documents
    54618/2008)                                                                   The foreign national must submit the following documents in order to obtain
•   National Registry of Foreign Citizens’ Admission (Provision 15440/2005)       a visa for business purposes:
•   National Registry of Migration Capacity (Provision 15441/2005)
•   National Registry for the Entry and Departure of Individuals (Provision       •   an application letter detailing the grounds for the petition, together with
    15442/2005)                                                                       the following data:
•   National Constitution, international treaties ratified by Argentina and           - his or her first name, family name and date of birth
    background legislation                                                            - his or her passport number or identity card
•   Administrative Procedure Act (L.N.P.A.) (Law 19549)                               - his or her country of birth and nationality
•   L.N.P.A. Regulation and amending sections (ordered text) 1883/91                  - his or her civil status, profession and religion
    (Executive Order no. 1759/72)                                                     - his or her country of residence (country of origin)
•   Letter of Commitment with the Citizen (Executive Order no 229/00)                 - the name of the Consulate where the passport will be endorsed (an
•   Access to Public Information (Executive Order no 1172/03).                            Argentinean Consulate in the country of origin)
                                                                                      - the domicile where the foreign national will reside
                                                                                      - details of any benefits that the petitioner will pay (e.g. housing and
                                                                                          travel)
                                                                                  •   details of his or her commercial or professional background
                                                                                  •   a copy of his or her passport (complete).

    20                                                                                                                                                              21
Ius Laboris                                                                                                           Immigration - An International Handbook - ARGENTINA




4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                     must: prove legal entry into Argentina; provide a legal address within the
                                                                               jurisdiction of the National Immigration Office; provide a criminal record
4.1 General                                                                    certificate issued by any country where they have previously resided during the
The following categories of foreign nationals do not require a work permit:    past three years (legalised by the Argentine Consulate or ‘Apostille’); produce
                                                                               a criminal record certificate issued in Argentina; provide an international
•   students entering a local university under a contract signed with the      statement proving they have no criminal record; and provide evidence that
    foreign school that the student comes from                                 they have sufficient financial means to subsist in Argentina. As residency is
•   religious practitioners who enter Argentina to worship, as long as the     given in accordance with its criterion of nationality, such a foreign national is
    Ministry of Foreign Relations and Worship authorises them to do so         considered to be an Argentinean citizen and therefore does not require any
•   diplomats or agents of a foreign government                                work contract or work permit.
•   individuals entering Argentina for health reasons or who require medical
    treatment                                                                  As for extra-Mercosur citizens, they have two options for obtaining a work
•   citizens from Mercosur countries, although they must process the           permit. Firstly and most importantly, the employer must be registered with the
    corresponding temporary residence (see section 5.1.2).                     ‘RENURE’ (National Petitioners Office), and must comply with a special
                                                                               procedure. The employer must:
4.2 Procedures
Evidence of why the foreign national intends to enter the country on the       •   submit a registration request, given details of the organisation’s head office
condition invoked must be supplied from the country of origin.                     and provide an address established for special purposes (i.e. any legal
                                                                                   notification) in the same jurisdiction as the head office or the ‘delegation
4.3 Documents                                                                      intervener’ (i.e. delegations of the National Migration Office established in
The necessary documents are those that prove the condition mentioned               the different cities in the country). The foreign national must also be
above. However, please note that residence for Mercosur citizens can be            authorised to perform the registration process
processed using an ID card instead of a passport, although a migration card    •   notify its status, social contract and legal registration to the ‘IGJ’ (General
must be shown to prove the date of entry into the country.                         Inspectorate of Justice) or the Public Registry of Commerce
                                                                               •   produce authentic legal documents proving the most recent appointment
                                                                                   of officers enrolled with the IGJ
5. WORK PERMITS                                                                •   provide financial statements for the previous business year, duly certified by
                                                                                   the Council of Economic Sciences
5.1 General                                                                    •   provide tax registration records issued by the ‘AFIP’ (Public Revenue Office)
The aim is for foreign nationals who are employed by a particular person or        – detailing VAT, pension system and gross income
organisation established in Argentina to be able to obtain a work permit to    •   prove its legal registration with the competent authority
enter and stay in order to render services under Argentinean labour law,       •   submit a form of knowledge of obligations, which is printed from the
provided the employment is evidenced in writing.                                   agency (National Migration Office) website.

5.1.1 Procedures                                                               Having fulfilled these requirements, the first step in starting the work permit
See section 5.1.2                                                              application process is that an employer’s agent with sufficient power to act on
                                                                               the organisation’s behalf, needs to present the above documents to the
5.1.2 Documents                                                                National Immigration Office with an appropriate note attached.
There are a number of requirements that foreign ‘Mercosur’ (Southern
Common Market) countries and Associate Mercosur Members must comply            In this case, the application process is carried out overseas, in the foreign
with. Foreign nationals belonging to native Mercosur countries and Associate   national’s country of residence. The National Immigration Office permits the
Members can obtain residency status for a maximum period of two years. They    application procedure to be filed with a formal notice of application.



    22                                                                                                                                                            23
Ius Laboris                                                                                                             Immigration - An International Handbook - ARGENTINA




The foreign national must provide the following:                                  Once all paperwork has been completed the Argentinean Consulate will grant
                                                                                  and issue a Working Visa to the foreign national in the terms expressed in the
•   his or her full name                                                          authorisation.
•   date of birth
•   passport number                                                               The second process for obtaining a work permit is carried out by the National
•   nationality                                                                   Immigration Office, which has a special section for handling extra-Mercosur
•   gender                                                                        cases. In such cases the National Immigration Office deals directly with the
•   country of birth                                                              foreign national. This situation arises where a foreign national wants to
•   marital status                                                                regularise his or her work visa and is in Argentina as a tourist, but is seeking a
•   profession                                                                    work visa. He or she must deal with the procedure personally, by producing the
•   country of residence                                                          documents listed above, plus the employer's registration with RENURE, and
•   where the Argentinean Consulate has endorsed the passport                     the employment contracts according to the model established by the National
•   length of the proposed stay                                                   Directorate of Immigration. He or she must also pay the necessary fee. The
•   address where he or she will reside in Argentina                              foreign national performs the procedure set out above by first requesting an
•   the reasons for requesting entry for residency and work abroad                interview in advance via the internet. The interview and application procedure
•   details of any benefits provided by the employer (e.g. salary, housing and    can be finished on the same day. The interview must be requested
    travel)                                                                       approximately 30 days in advance.
•   a full copy of his or her passport
•   two sets of the employment contract offered according to the model            All documents issued abroad must be legalised by the Argentine consulate
    established by the National Directorate of Immigration (for details of the    located in the country issuing the document; the Ministry of Foreign Affairs
    labour contract please see http://www.migraciones.gov.ar)                     International Trade and Worship, or an Apostille, if the country has ratified the
•   payment of the fee to the National Migration Office.                          Hague Convention.

The employer must provide:                                                        However, irrespective of any provisions contained in international agreements
                                                                                  or conventions, any document issued by consular representatives abroad must
•   its registration with the AFIP                                                be legalised by the Ministry of Foreign Affairs International Trade and Worship,
•   the most recent annual Income Tax payment certificate                         except in the case of MERCOSUR countries.
•   the last three payments of value added tax and gross income
•   proof of the last six payments of social security contributions.              All documents issued in a foreign language must be translated into Spanish by
                                                                                  National Public Translator and legalised by the Translators' Association.
Once the National Immigration Directorate grants an entry permit, the foreign
national must go to the Argentinean Consulate in his or her place of residence    The documents submitted should be originals, with a copy, in order for
and produce the entry permit, his or her birth certificate, a criminal record     certification to be made. The National Migration Office may ask for any
issued in any country where he or she has resided during the last five years,     additional documentation it deems necessary.
and a valid passport.
                                                                                  5.2 Special preference categories
Any certificate that is issued abroad must be legalised by the Argentinean        There are no special preference categories as a result of the constitutional
Consulate of the respective country with an Apostille Certificate pursuant to     principle of equality for foreign nationals – those who stay in Argentina enjoy
the Hague Convention and any document drafted in any language other than          the same rights as local individuals. Therefore, foreign workers can obtain a
Spanish must be translated by a duly certified translator. The process for an     work permit if they comply with the requirement to produce the relevant
entry permit lasts approximately 30 days plus the time for the consular process   documents.
abroad, which takes approximately ten days.



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5.2.1 Procedures
Not applicable.

5.2.2 Documents
Not applicable.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
Dependants are those who depend for economic reasons on the foreign
national, which can be the parents, spouse and/or children under 18 years old
(or older if the child is disabled. The visa granted will be documented with the
same immigration status, characteristics and validity as that of the foreign
national on whom they depend.

Minors must obtain permission from a parent to enter and stay in the country
and this must be filed at the time of the procedure, with current ID and a
certified birth certificate proving the family relationship. To be authorised for
such purposes, the permission must be signed by the competent authority. If
the child's parents do not reside in Argentina, the child must have an appointed
guardian, who must prove legal residence in the country and demonstrate
guardianship of the child. These documents (birth certificate and authorisation
issued abroad), must be duly legalised by the Argentine consulate in the
relevant country or apostilled in accordance with the Hague Convention or
legalised by the consulate of the country issuing the document in Argentina
(this last only applies to documents issued in MERCOSUR countries).

6.2 Procedures
These are the same as the ones described in sections 3, 4 and 5 above.

6.3 Documents
The marriage or birth certificates (as appropriate) proving the link between the
foreign national and the dependant are required.




   26
1. INTRODUCTION                             31

2. SOURCES OF LAW                           31

3. VISITORS FOR BUSINESS PURPOSES           31

3.1 Visas                                   31
3.2 Permitted Activities                    32
3.3 Procedures                              32
3.4 Documents                               32

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   32

4.1 General                                 32
4.2 Procedures                              33
4.3 Documents

5. WORK PERMITS
                                            33

                                            33
                                                 Austria
5.1 General                                 33
    5.1.1 Procedures                        35
    5.1.2 Documents                         36

5.2 Special Preference Categories           37
    5.2.1 Procedures                        37
    5.2.2 Documents                         38

6. LAWFUL STAY FOR DEPENDANTS               38

6.1 General                                 38
6.2 Procedures                              38
6.3 Documents                               39
                                         Immigration - An International Handbook - AUSTRIA




1. INTRODUCTION

Approximately 800,000 foreign nationals currently live in Austria. Generally,
the legal requirements for residence and for permission to work in Austria are
different, even if the two issues may influence one another. The two types of
certificates granting legal residence in Austria are Visas and Residence Permits.

Please note that the Austrian legislature is planning reforms of the Foreigners
Employment Act and establishing new criteria ( a ‘points-based-system’) for
immigration. The new ‘3-pillar model’ will classify the immigrants as follows:
especially highly skilled persons, specialists in shortage occupations and key
personnel. Access to the job market for dependents will be easier than in the
past.

As a result of the planned reform of access to the job market for foreign
nationals (other than EU, EEA or Swiss nationals) the Aliens Act and the Aliens
Police Act will also be modified (e.g. there will be a new visa for job hunting
for especially highly skilled persons for a maximum of six months). These
amendments are likely to come into effect in middle of 2011.


2. SOURCES    OF LAW


The rights and duties regarding residence and work are                     determined
by several laws, the most important of which are                           the Aliens
Act (Niederlassungs-und Aufenthaltsgesetz); the Foreigners                Employment
Act (Ausländerbeschäftigungsgesetz); and the Aliens                       Police Act
(Fremdenpolizeigesetz).


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Most foreign nationals require a visa to enter and/or stay in Austria.

Holders of an EEA (European Economic Area, i.e. the EU Member States plus
Iceland, Liechtenstein and Norway) or a Swiss passport do not require a visa.

The complete list of nationalities requiring a visa to enter Austria is available at
the homepage of the Ministry of Internal Affairs (BMI): http://www.bmi.gv.at




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3.2 Permitted Activities                                                            •   for activities with the purpose of extending or applying knowledge or
                                                                                        practical skills (‘voluntary services’), provided that no salary is agreed, for
Visa C (Schengen visa)                                                                  up to three months (see section 3 paragraph 5 of the Foreigners
A Schengen visa is required for all short-term business conferences and trips.          Employment Act)
A Schengen visa allows foreign nationals to stay in the Schengen area for a         •   for a top manager (see section 2 paragraph 5a of the Foreigners
maximum of three months within any six-month period.                                    Employment Act).

Visa D (National visa)                                                              4.2 Procedures
A ‘National’ visa is required for stays of more than 90 days, up to a maximum       The owner of the organisation needs to register voluntary services with the
of six months (temporary residence permit). This visa allows its holder to          Public Employment Service (‘AMS’) two weeks before the beginning of the
engage in gainful employment during his or her stay. It is issued to persons        activity. The AMS must issue a notification certificate within two weeks of
who enter the country to engage in seasonal work or in work that is only            registration. If the certificate is not issued within two weeks, the voluntary
transient (i.e. brief and temporary), whether he or she has an employer or is       service can still be started. However, if the AMS refuses subsequently to issue
self-employed.                                                                      such a certificate, the voluntary service must be ended within one week after
                                                                                    the delivery of the rejection.
3.3 Procedures
Visas C and D can be issued by the Austrian Consulates in the foreign               As top managers are excluded from the Foreigners Employment Act, no
national’s country of residence. All Austrian Consulates (addresses, telephone      registration or notification is necessary for them.
numbers, etc) are available at the homepage of the Federal Ministry for
European and International Affairs (BMeiA): http://www.bmeia.gv.at/.                4.3 Documents
                                                                                    To apply for a notification certificate the following documents are required:
3.4 Documents
When applying for a visa, the following documents must be submitted:                •   a completed application form
                                                                                    •   proof of professional qualification (e.g. letter of reference).
•   a current passport from the country of residence, with a minimum validity
    of three months beyond the duration of the visa being requested
•   proof of sufficient income or assets to support the applicant during his or     5. WORK PERMITS
    her stay
•   proof of health and accident insurance covering all risks                       5.1 General
•   any proof required by the Authorities (the type of proof differs locally: see   Foreign nationals (except for EU, EEA or Swiss nationals) who intend to work
    the homepage of the Federal Ministry for European and International             in Austria must hold a Work Permit (unless a Schengen visa is sufficient – see
    Affairs (BMeiA): http://www.bmeia.gv.at/).                                      section 4 above).

                                                                                    Note: Citizens from Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania, the
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                          Slovak Republic, Slovenia, the Czech Republic and Hungary still require a
                                                                                    special kind of Work Permit. However, they may apply for an EU-Freedom of
4.1 General                                                                         Movement Certificate (see below). The transition period for new EU-nationals
A Work Permit is not required:                                                      has been extended until 30 April 2011.

•   for short-term activities by employees of a foreign organisation, e.g. for      The transition period for Bulgaria and Romania might be extended until 31
    attendance at business conferences and meetings (see section 18                 December 2013.
    paragraph 2 of the Foreigners Employment Act)



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Below is a list of the main permits that are available for working in Austria:        limited. The total number of employed and unemployed foreign nationals
                                                                                      must not exceed 8% of the Austrian workforce.
Work Permit (Arbeitserlaubnis)
This must be applied for by the employee. It requires prior employment in             5.1.1 Procedures
Austria of 52 weeks in a period of 14 months. It is valid for two years and is        Employees wishing to obtain a Work Permit, Certificate of Exemption or the
renewable thereafter. It will be issued for a specific province, allowing the         EU-Freedom of Movement Certificate must make an application.
holder to choose his or her employer and type of employment.
                                                                                      Secondment Permits must be applied for by the employer and it must provide
Secondment Permit (Entsendebewilligung)                                               specific information demonstrating that the amount of remuneration being
This permit is offered to employees who intend to work in Austria for up to           offered is in line with the Austrian market.
four months on a project lasting no more than six months. In addition to the
Secondment Permit, the foreigner must also hold a ‘D’ visa.                           There is a special processing time of six weeks for ‘Work Permits’. For the other
                                                                                      types of Permit or Certificate, a ‘general deadline’ of six to twelve months
Certificate of Exemption (Befreiungsschein)                                           applies (i.e. if the competent authority does not come to a decision within this
This must be applied for by the employee. It is valid for five years. It requires     period, the party can request that the subordinate authority decides within the
the applicant to have worked in Austria (with a corresponding permit) for five        following six months).
years during the past eight years and have legal residence there.
                                                                                      Foreign nationals (except for EU, EEA or Swiss nationals) intending to stay in
Work Permit for integrated foreigners and ‘new’ EU citizens                           Austria for longer than six months require a Residence Permit.
(Beschäftigungsbewilligung)
This kind of work permit is offered for integrated foreigners having the right        There are different types of Residence Permit, depending on the purpose of
to residence and for ‘new’ EU nationals. It must be applied for by the employer,      stay:
if the employee does not have a Certificate of Exemption or a previous Work
Permit. It is valid for a maximum of one year but is renewable. It entitles the       •   Residence Permit’ - this allows only temporary residence for the duration
holder to take up legal gainful employment, at a defined workplace in Austria.            of work or training
The applicant must already be in possession of a certificate of residence (see
below). As the number of non-Austrian citizens allowed to be employed in              •   ‘Permanent Residence Title – EEC’ – this may only be granted after five
Austria is limited and the quota is currently exhausted, in recent years only             years of uninterrupted residence
integrated foreigners or ‘key personnel’ have successfully applied for a Work
Permit. If the employee needs a visa to enter Austria, the Austrian employer          •   ‘Settlement Permit – Key Personnel’ – this is valid for up to 18 months
must apply for a Certificate of Guarantee (Sicherungsbescheinigung) with the              and includes access to the job market as ‘key personnel’
local Labour Office, i.e. the Labour Office that has jurisdiction over the intended
place of employment. This is a prerequisite for applying for a Work Permit in         •   ‘Settlement Permit – Limited’ - e.g. in cases of family reunion (note that
such a case.                                                                              self-employed activity is permitted, while other employment is permitted
                                                                                          only based on additional documents issued by the Public Employment
EU-Freedom of Movement Certificate (EU-Freizügigkeitsbestätigung)                         Service)
This certificate is offered to citizens from ‘new’ EU member states who have
had a valid Work Permit for the past 12 months, or who have a residence in            •   ‘Settlement Permit – Unlimited’ - this is for key personnel after 18
Austria for at least 5 years and have or had a regular income from legal                  months or for those who have lost their ‘Permanent Residence Title – EEC’.
employment, or who fulfill the conditions for the certificate of exemption.               It includes full access to the job market.

Note: The number of any kind of Work Permits issued for foreign nationals is



   34                                                                                                                                                                   35
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EU, EEA and Swiss nationals do not require a Residence Permit. If they intend           •   a completed application form, in German
to remain for more than three months, they must report their right of                   •   an integration agreement (if necessary)
residence within four months from the date of entry by applying to the                  •   a passport-sized photograph
authorities for a ‘Registration Certificate’. Their spouses, children, parents and      •   a residence registration form
parents-in-law who are not EU, EEA or Swiss nationals must apply for a                  •   a birth certificate
‘Residence Card’.                                                                       •   a marriage certificate (if applicable)
                                                                                        •   copies of previous passports
As mentioned above, the initial application for residence must be made from             •   a copy of a valid passport
abroad (at the Austrian Embassy or Consulate in the foreign national’s country          •   proof of ‘adequate’ accommodation, judged according to customary
of residence) prior to entry into Austria, and must be issued before the employer           housing standards for residents of Austria (such as a tenancy or
may actually apply for a Work Permit.                                                       sub-tenancy agreement)
                                                                                        •   proof of health insurance covering all risks
All subsequent permits are issued by the competent authority in Austria.                •   a document proving that either the applicant or the person who is
                                                                                            financially responsible for him or her has income or sufficient assets to
The Aliens Act (Niederlassungs– und Aufenthaltsgesetz) provides exceptions,                 support him or her
e.g. for family members of Austrian citizens (see section 21/2).                        •   an official police clearance certificate (not older than three months -
                                                                                            this is needed only in the case of first time applications, if the
There is a special processing time of six weeks for Key Personnel. For persons              intended duration of residence is longer than six months).
who already have a Residence Permit in another EU Member State, the
deadline for the authorities to make a decision is four months. For other types
of Residence Permit, the general deadline in administrative procedures of 6 to       5.2 Special preference categories
12 months, mentioned above, applies.
                                                                                     Joint venture and headquarter-delegations
5.1.2 Documents                                                                      Section 18 paragraph 3 of the Foreigners Employment Act states that foreign
To apply for any of the aforementioned permits or certificates, the following        nationals who are delegated from their host organisation to be trained in
are required:                                                                        Austria for up to six months do not need a Secondment Permit, provided that
                                                                                     the delegation is based on a joint venture and there is a special in-house
    •   a passport and official registration of residence (Meldezettel)              training programme.
    •   proof of Austrian residence
    •   evidence of professional qualifications                                      In the event that there is a delegation to the Austrian headquarters, based on
    •   proof of previous employment in Austria (only for Work Permits and           a qualified inter-company training programme (for up to 50 weeks), no
        the Certificate of Exemption or EU-Freedom of Movement certificate           Secondment Permit is required either. Please note that this exception applies
        application)                                                                 only for training purposes.
    •   proof of military service.
                                                                                     5.2.1 Procedures
Application forms are available at the official website of the Public                The owner of the Austrian training organisation needs to register such
Employment Service: www.ams.or.at.                                                   delegations with the Public Employment Service (‘AMS’) two weeks before the
                                                                                     beginning of the delegation period. The AMS must issue a notification
When applying for a document authorising residence in Austria, the following         certificate within two weeks. The delegate is not permitted to begin the
documents must be submitted:                                                         training programme without a notification certificate.




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5.2.2 Documents                                                                       6.3 Documents
To apply for the notification certificate the following documents are required:       To apply for the Residence Card the following documents are required:

•   a completed application form                                                      •   a completed application form
•   a joint venture contract                                                          •   a valid passport
•   a training programme.                                                             •   the registration form of the EU, EEA or Swiss national
                                                                                      •   a marriage certificate or proof of parent-child relationship.
Application forms are available at the official website of the Public
Employment Service: www.ams.or.at.                                                    To apply for a Settlement Permit the following documents are required:

                                                                                      •   a completed application form
6. LAWFUL     STAY FOR DEPENDANTS                                                     •   a valid passport
                                                                                      •   a birth certificate
6.1 General                                                                           •   a passport-sized photograph
Dependants of EU, EEA or Swiss nationals who intend to remain in Austria for          •   proof of ‘adequate’ accommodation, judged according to customary
more than three months, and who are not EU, EEA or Swiss nationals, must                  housing standards for residents of Austria (such as a tenancy or
apply for a Residence Card.                                                               sub-tenancy agreement)
                                                                                      •   proof of health insurance covering all risks.
Dependents are:

•   spouses or ‘registered partners‘
•   children (not older than 21 years)
•   parents or parents-in-law.

Dependants of foreign nationals holding a ‘Permanent Residence Title – EEC’
may apply for a ‘Settlement Permit – limited’ or a ‘Settlement Permit – unlimited’.

Dependants are:

•   a spouse (older than 21 years, where the marriage must have been
    conducted before settlement of the foreign national in Austria)
•   children (not being older than 18 years).

6.2 Procedures
Dependants must apply for the Residence Card within four months from the
date of entry. For the Settlement Permit, the application must be made within
three months from the date of entry.




    38                                                                                                                                                                  39
1. INTRODUCTION                             43

2. SOURCES OF LAW                           43

3. VISITORS FOR BUSINESS PURPOSES           43

3.1 Visas                                   43
3.2 Permitted Activities                    44
3.3 Procedures                              44
3.4 Documents                               44

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   45

4.1 General                                 45
4.2 Procedures                              46
4.3 Documents                               46

5. WORK PERMITS                             46   Belgium
5.1 General                                 46
    5.1.1 Procedures                        47
    5.1.2 Documents                         49

5.2 Special Preference Categories           50
    5.2.1 Procedures                        50
    5.2.2 Documents                         50

6. LAWFUL STAY FOR DEPENDANTS               52

6.1 General                                 52
6.2 Procedures                              52
6.3 Documents                               53
                                       Immigration - An International Handbook - BELGIUM




1. INTRODUCTION

As a rule, EEA nationals (i.e. EU, Icelandic, Norwegian, Liechtenstein and Swiss
nationals) do not need a work permit to work in Belgium. However, Romanian
and Bulgarian nationals will until 31 December 2011, continue to need a work
permit in order to work in Belgium. Therefore, for the purposes of this
chapter, ‘foreign’ national or employee refers to non-EEA nationals or employees
and Romanian and Bulgarian nationals or employees.

Belgium does not have a quota for the employment of foreign employees.
However, the authorities do not easily grant work permits to foreign employees,
unless they are highly skilled and earn a minimum income, which is set
annually by law. For 2011, this is set at EUR 36,604 gross per year.

In addition to the procedures governing work permit applications, the
authorities want to have an overview of the foreign nationals who are
working in Belgium and therefore introduced, as of 1 April 2007, the ‘Limosa
Declaration’. Some categories are exempt. Those employees who are not
exempt must be declared by the employer at www.limosa.be, prior to the start
of their activities in Belgium. Note that the ‘Limosa Declaration’ applies both
to EEA and non-EEA employees.


2. SOURCES    OF LAW


The sources of immigration law are as follows:

•   Act of 15 December 1980 and Royal Decree of 8 October 1981 on the
    entry, residence, settlement and expulsion of foreign nationals.
•   Act of 30 April 1999 and Royal Decree of 9 June 1999 on the employment
    of foreign employees.
•   Programme Act of 27 December 2006.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Depending on the foreign national’s country of origin, he or she may need a
Schengen visa to enter the Schengen area (and thus Belgium). The Schengen
area comprises the following countries: Austria, Belgium, Denmark, Finland,
France, Germany, Iceland, Italy, Greece, Luxembourg, the Netherlands,
Norway, Portugal, Spain, Sweden, Estonia, the Czech Republic, Hungary,
Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia and Switzerland.


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However, some foreign nationals (e.g. US and Japanese nationals) are exempt        •   proof of the purpose of the visit (e.g. a work permit; a letter of invitation
from applying for a visa and can stay in the Schengen Area (and thus Belgium)          by a Belgian organisation to take part in meetings, which indicates the
for up to a maximum of 90 days in a six-month period without needing a visa            nature of the relationship between the Belgian organisation and the
and/or a residence permit.                                                             foreign employee or his or her organisation; details of the proposed
                                                                                       commercial activities; a certificate or document from the employer; and
3.2 Permitted Activities                                                               entry tickets for congresses, fairs)
Foreign employees can come to Belgium to participate in business meetings          •   documents with regard to accommodation in Belgium, or proof of
and scientific congresses, if their stay in Belgium for the meeting or congress        sufficient means to cover accommodation (e.g. a hotel reservation)
does not exceed five calendar days per month. If the stay in Belgium exceeds       •   proof of sufficient means of subsistence for the duration of the stay and
five calendar days per month, the foreign employee must apply for a Belgian            the return journey (e.g. cash, cheques and credit cards that are accepted
work permit.                                                                           in Belgium; an employment contract or assignment letter; bank
                                                                                       statements; a legalised pledge of financial support, signed by a Belgian
Nonetheless, those foreign nationals listed under 3.1 above must apply for a           national or a foreign national with an unlimited stay in Belgium and a copy
Schengen visa before entering Belgium, unless they are exempt.                         of the guarantor’s last three pay slips)
                                                                                   •   proof of travel insurance, both medical and accident, that is valid for the
3.3 Procedures                                                                         entire Schengen area (the minimum coverage must be EUR 30,000)
A foreign national must apply for a Schengen visa (visa type C) prior to his or    •   information enabling the assessment of the foreign national’s intention to
her arrival in Belgium. The Schengen visa can cover a period of a maximum of           return (e.g. proof of a return airline ticket). This return ticket must only be
90 days in a six-month period. If a foreign national stays in Belgium and/or the       presented upon delivery of the visa in order to avoid unnecessary costs.
Schengen area for more than 90 days in a six-month period, he or she needs
a residence permit (visa type D – see below).                                      These are the basic documents required. However, the Embassy or Consulate
                                                                                   may ask for additional documents.
An application for a Schengen visa should be submitted to the Belgian
Embassy or Consulate in the foreign national’s country of residence. The
Consulate must decide on the visa application within a 15-day period. In           4. WORKERS    WHO MAY NOT NEED WORK PERMIT
exceptional cases, this period may be extended up to 30 days, 60 days being
the maximum.                                                                       4.1 General
                                                                                   The following categories of workers do not need a work permit, if they fulfill
If the employee does not stay in a hotel or boarding house, he or she must         the exemption conditions and provided that they have a valid visa or residence
register at the municipality of his or her place of stay in Belgium within three   permit:
working days of arrival in Belgium. The employee will then receive an ‘Annex
3’ form stating the date of arrival in Belgium.                                    •   foreign family members (e.g. spouse, registered partner, immediate
                                                                                       relatives) of EEA nationals living at the same address
3.4 Documents                                                                      •   individuals having ‘permission of establishment’ (Electronic Identity card C)
To receive a business visa (visa type C), the following documents must be              or a residence permit for an indefinite duration (Electronic Identity card B)
submitted to the Belgian Embassy or Consulate:                                     •   foreign students enrolled at a Belgian educational establishment during the
                                                                                       school holidays and/or to follow mandatory trainings to obtain their
•   a travel document (e.g. a national passport) that is valid for three months        degree
    longer than the visa                                                           •   sales representatives, on behalf of a foreign employer which has no branch
•   a completed visa application form                                                  office in Belgium (for a maximum of three consecutive months)
                                                                                   •   non-EEA nationals, employed by an organisation located in the EEA, who
                                                                                       are sent to Belgium to deliver services on behalf of their employer, on
                                                                                       condition that they have the necessary permits to reside and work in the
                                                                                       country where their employer is located (no maximum duration)

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•   foreign media journalists (for a maximum of three consecutive months)            Work permit B
•   qualified and specialised employees who work on the initial assembly             Valid for only one employer and for a maximum period of one year. Work
    and/or installation of a delivered good (the maximum duration of the work        permit B is renewable. After three, four or five successive renewals, the foreign
    must be no more than eight days)                                                 employee may be entitled to a residence permit of an indefinite duration in
•   specialised technicians who are required for urgent maintenance work or          Belgium (an Electronic Identity card B), which will automatically allow him or
    repairs to machines that were delivered by their employer (for a maximum         her to work in Belgium without further need of a work permit
    stay required for the activities of five days per month)
•   foreign nationals training at the Belgian offices of a multinational group, if   Work permit C
    certain conditions are met                                                       Valid for all employers and for foreigners with temporary residence in Belgium
•   members of management or employees with a senior positions, employed             (e.g. refugees).
    by the headquarters of a multinational organisation located in Belgium.
    These employees must earn a minimum gross annual salary of EUR 61,071            However, in most cases, foreign nationals are eligible for a work permit B only.
    as at 2011 (there is no maximum duration).
                                                                                     As a rule, a work permit B is only granted to nationals of countries with which
4.2 Procedures                                                                       Belgium has a bi- or multi-lateral treaty on labour, provided that no employee
If there is an exemption, no specific application procedure must be followed.        can be found on the EEA job market to occupy the position. (Belgium has a
In fact, the exemptions were set up in order to limit the administrative burden      treaty on labour with the following countries: Morocco, Tunisia, Turkey,
on employers and employees. However, in some cases, a notification to the            Algeria, Switzerland, Croatia, Serbia, Montenegro, Bosnia-Herzegovina,
competent authorities must take place before the employee starts working.            Macedonia, and the new EU Member States.) As a result, a work permit B is
The procedure varies depending on the particular exemption.                          rarely granted to based on the ‘general’ rules, but only on the special
                                                                                     preference categories of persons who are exempt from the ‘treaty’ and ‘EEA
An exemption only applies to a work permit. As a rule, non-EEA nationals who         job market’ conditions (see section 5.2).
want to enter Belgium need a visa, unless they are exempt (see 3.1 above).
Moreover, any non-EEA national who wants to stay in Belgium for a period of          The most frequently used special preference category is that of highly skilled
more than three months, must apply for a Belgian residence permit.                   employees who earn a minimum annual gross salary of EUR 36,604 (as at
                                                                                     2011). There is also an exception for Romanian and Bulgarian nationals (note
It should be noted that the work permit exemptions do not apply to employees         that until 31 December 2011 they continued to need a work permit to be
without a valid visa or residence permit.                                            employed). They can receive a work permit to work in a high demand
                                                                                     profession that is recognised by the authorities. Special rules also exist for
4.3 Documents                                                                        those non-EEA nationals who have obtained the status of a long-term resident
Not applicable.                                                                      in another EU Member State, to work in a high demand profession that is
                                                                                     recognised by the authorities.

5. WORK PERMITS                                                                      In practice, these categories have become the common way to apply for a
                                                                                     work permit.
5.1 General
There are three different types of work permit:                                      5.1.1   Procedures

Work permit A                                                                        Work permit
Valid for all employers and for an indefinite duration                               The work permit application should be made by the following persons:

                                                                                     •   work permits A and C: the employee



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•  work permit B: the employer (or its proxy holder). If the employer is             visa type C (i.e. within three months of arrival in Belgium). If not, the foreign
   not a Belgian organisation, a Belgian proxy holder or lawyer must make            national must return to the Belgian Embassy or Consulate that services his or
   the application.                                                                  her local residence abroad.
The work permit application must be made at the correct Regional Ministry,
depending on the employee’s place of employment:                                     5.1.2 Documents

•   in Flanders: Flanders Regional Ministry                                          Work permit
•   in Brussels: Brussels Regional Ministry                                          The list of documents and information varies depending on the particular
•   in the Walloon Region: Walloon Regional Ministry.                                situation of the foreign national. The following documents must be submitted
                                                                                     for highly skilled employees to be granted a work permit:
In general, the application process takes two to four weeks after all the
documents have been sent to the Ministry.                                            •   a completed and signed application form (the form differs from region
                                                                                         to region, depending on where the employee’s place of employment is)
For Romanian and Bulgarian nationals, and non-EEA nationals who have                 •   a photocopy of every page of the employee’s passport (which must be
obtained the status of a long-term resident in another EU Member State, who              valid for at least a further 12 months)
want to be employed in a high demand profession recognised by the                    •   three recent passport-sized photographs (originals only, no copies)
authorities, the application process takes a maximum of five working days.           •   a current CV
                                                                                     •   copies of relevant academic records or academic qualifications
Visa or residence permit                                                             •   a description of the employee’s job and duties in Belgium
Foreign nationals who intend to stay in Belgium for longer than three months         •   a copy of a signed employment contract or a signed secondment letter
require a residence permit. The residence permit application must be made by             listing the employee’s terms and conditions in Belgium
the employee.                                                                        •   a medical certificate (according to the standard form – the form differs
                                                                                         from region to region, depending on where the foreign employee will
If the foreign national is abroad, he or she must apply for a temporary                  be employed). The employee must have this form completed by a
residence permit for work prior to his or her arrival in Belgium (visa type D).          doctor accredited by the local Belgian Embassy in his or her country of
The employee needs to take the approved work permit to the Belgian Embassy               residence and legalised by the Belgian Embassy
or Consulate that services his or her local residence. It takes on average six       •   a social security declaration (if relevant)
weeks for the Belgian Embassy to process the application.                            •   a ‘certificate of coverage’ (for a secondment).

After visa type D has been processed and accepted by the Belgian authorities,        The documents below must be submitted for new EU nationals and non-EEA
the foreign national may enter Belgium. Within eight working days after              nationals who have obtained the status of a long-term resident in another EU
arrival, the foreign national and his or her family must register with the           Member State, who want to be employed in a high demand profession
municipality of his or her place of residence in Belgium. Personal appearance        recognised by the authorities:
is required. Afterwards, the residence permit (Electronic Identity card A) will be
issued. The residence permit is valid for the duration of the work permit plus       •   a photocopy of every page of the employee’s passport
one month and can be renewed once the renewal of the work permit is                  •   a photocopy of the written employment contract signed by the employer,
obtained.                                                                                if required by law.

If the foreign national (highly skilled employee) is already in Belgium, he or she   Visa or residence permit
can only make the application for a residence permit at the municipality of his      The following documents must be presented by an employee applying for a
or her place of residence in Belgium. To do so, he or she must have obtained         visa type D either on the basis of a work permit or an exemption from having
a work permit. He or she must make the application prior to the expiry of the        a work permit:



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•   a travel document (e.g. a national passport), which must be valid for at      5.2.2 Documents
    least a further 12 months                                                     The necessary documents vary depending on the particular application.
•   two completed and signed visa application forms                               The following documents must be presented:
•   an approved work permit or declaration from the employer, if the
    employee is exempt from having a work permit                                  •   a completed and signed application form (the form differs from region to
•   a certificate of good conduct covering the last five years (which must            region, depending on where the employee’s place of employment is) –
    be dated a maximum of six months before the application date)                     required for all
•   a medical certificate, if the employee is exempt from having a work           •   a photocopy of every page of the employee’s passport (which must be valid
    permit (if not, a copy of the medical certificate that was submitted              for at least a further 12 months) – required for all
    when applying for the work permit)                                            •   three recent passport-sized photographs (originals only, no copies) -
•   two recent passport-sized photographs (originals only, no copies).                required for all
                                                                                  •   a medical certificate (according to the standard form – the form differs
These are the basic documents required, however, the Embassy or Consulate             from region to region, depending on where the foreign employee will be
may ask for additional documents.                                                     employed). The employee must have this form completed by a doctor
                                                                                      accredited by the local Belgian Embassy in his or her country of residence
5.2 Special preference categories                                                     and legalised by the Belgian Embassy – required for all except specialised
Besides highly skilled employees, the following categories of employees, for          technicians
example, are also eligible to receive a Belgian work permit B, upon fulfillment   •   a copy of a signed employment contract or a signed secondment letter
of the (usually strict) conditions:                                                   listing the employee’s terms and conditions in Belgium - required for
                                                                                      employees in a senior position, specialised technicians and family members
•   employees in a leading position. These employees must be able to                  of a foreign employee
    represent and engage the organisation and must earn at least an annual        •   an internship agreement – required for interns
    gross salary of EUR 61,071 (as at 2011)                                       •   a current CV – required for interns and employees in a senior position
•   specialised technicians employed by a foreign employer, for assembly or       •   a written declaration by interns that they will not exercise any other job
    repair works (for a maximum duration of six months)                               during their internship in Belgium – required for interns
•   interns between 18 and 30 years old inclusive, on the condition that they     •   a sales contract or delivery receipt in which the order is confirmed –
    have a degree (at least a bachelor degree) and the internship is a                required for specialised technicians
    continuation of their education (for a maximum duration of 12 months)         •   a written declaration by the foreign employer in which the assignment and
•   family members of foreign nationals who have a residence permit limited           its duration are confirmed – required for specialised technicians
    to employment (those with a work permit or professional card – but note       •   a copy of the employment contract or signed secondment letter (if employee)
    that there are also some exemptions).                                             and residence permit of the foreign national – required for family members
                                                                                      of foreign nationals
5.2.1 Procedures                                                                  •   documents proving the link with the foreign employee (e.g. marriage
The application procedure for a work permit B can be found in section 5.1.1           certificate, registered partnership and birth certificate) – required for
above.                                                                                family members of foreign nationals with a residence permit limited to
                                                                                      employment
As a rule, non-EEA nationals who want to enter Belgium need a visa, unless        •   a social security declaration (if relevant)
they are exempt (see section 3.1). Moreover, any non-EEA national who wants       •   a certificate of coverage (for a secondment).
to stay in Belgium for a period of more than three months, must apply for a
Belgian residence permit.




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6. LAWFUL     STAY FOR DEPENDANTS                                                    The dependant must file the application for a family reunion at the municipality
                                                                                     of the place of his or her residence and must present all the necessary
6.1 General                                                                          documents there. Moreover, the dependant must demonstrate that he or she
The rules for ‘family reunion’ that regulate the lawful stay for dependants of       has ‘legal stay’ in Belgium (e.g. a valid visa type C or where the arrival stamp
non-EU nationals are different depending on the duration of the residence            in his or her passport is less than three months old).
permit of the non-EU national. As foreign nationals with a work permit B             If there is a positive house check by the police, the municipality will deliver an
usually have a residence permit of a definite duration, this scenario will be        ‘immatriculation certificate’ (orange card), valid for a period of nine months.
focused upon below. The following family members can ask for a family                The orange card can be renewed twice with a period of three months each
reunion with a non-EU national who has a residence permit of a definite duration:    (15 months in total). If there is a positive decision by the Foreigners Office, or
                                                                                     no decision within a period of 15 months, the municipality will deliver a
•   a spouse or equivalent partner (i.e. registered partnership that exists in       residence permit (Electronic Identity card A).
    Denmark, Germany, Finland, Iceland, Norway, the UK and Sweden)
•   another legal registered partner, on the condition that both partners are        6.3 Documents
    more than 21 years old, are unmarried, and have a stable relationship with       In general, depending on the individual dependant’s status, the following
    a duration of at least one year to date                                          documents must be submitted by a foreign national requesting family reunion:
•   underage children, on condition that they are unmarried and live with their
    parents                                                                          •   a valid travel document (e.g. a national passport with a valid visa or stamp
•   disabled children on condition that they are unmarried and cannot live on            of arrival), which must be valid for at least a further 12 months – required
    their own.                                                                           for all
                                                                                     •   two completed and signed visa application forms – required for all
6.2 Procedures                                                                       •   two recent passport-sized photographs (originals only, no copies) –
                                                                                         required for all
Procedure from abroad                                                                •   a copy of the Belgian residence permit of the non-EU national whom the
Dependants who are not exempt from the obligation to have a visa to enter                dependant comes to join – required for all
Belgium, must apply for the family reunion before their arrival in Belgium, at       •   the birth certificate of the foreign national who is making the application
the Belgian Embassy or Consulate of their country of residence. They must                (legalised if it is a foreign document) – required for all
apply for a visa type D for a family reunion.                                        •   a marriage or registered partnership certificate (legalised if it is a foreign
                                                                                         document) – required for a spouse or equivalent partner
After arrival in Belgium, the dependant must register at the municipality of his     •   proof of the stability of the relationship (e.g. letters, email communication,
or her place of residence within eight working days.                                     phone bills, airline tickets to prove meetings and proof of past
                                                                                         cohabitation) – required for legal cohabitants
If there is a positive house check by the police, the municipality will deliver an   •   a certificate of good conduct of the foreign national who is making the
‘immatriculation certificate’ (orange card), which is valid for a period of nine         application – required for a spouse, equivalent partner, legal cohabitant
months. The orange card can be renewed twice with a period of three months               and disabled child
each (15 months in total). If there is a positive decision by the Foreigners         •   a certificate of unmarried status of the foreign national who is making the
Office, or no decision within a period of 15 months, the municipality will               application (if the child is more than 15 years old) – required for children
deliver a residence permit (Electronic Identity card A).                             •   medical insurance covering the risks in Belgium – required for all
                                                                                     •   a medical certificate of the foreign national who is making the application
Procedure in Belgium                                                                     – required for all
Dependants who are exempt from the obligation to have a visa to enter                •   a rental agreement – required for all.
Belgium (as well as dependants with a valid visa type C) can apply for a
family reunion after their arrival in Belgium at the municipality of the place of    These are the basic documents that must be submitted, however, the Embassy,
their residence. They do not need to apply for a visa type D.                        Consulate or municipality may ask for additional documents.


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1. INTRODUCTION                             57

2. SOURCES OF LAW                           57

3. VISITORS FOR BUSINESS PURPOSES           59

3.1 Visas                                   59
3.2 Permitted Activities                    59
3.3 Procedures                              59
3.4 Documents                               60

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   61

4.1 General                                 61
4.2 Procedures                              61
4.3 Documents

5. WORK PERMITS
                                            61

                                            62
                                                 Brazil
5.1 General                                 62
    5.1.1 Procedures                        64
    5.1.2 Documents                         65

5.2 Special Preference Categories           65

6. LAWFUL STAY FOR DEPENDANTS               65

6.1 General                                 65
6.2 Procedures                              66
6.3 Documents                               66
                                           Immigration - An International Handbook - BRAZIL




1. INTRODUCTION

Brazil has always been a country that is open to immigration, ever since its
discovery by Portugal in the year 1500. Immigration to Brazil started in 1808
with 300 Chinese citizens coming from Macau, and since then there have
been several cycles from many different countries (Switzerland, Germany, Italy,
Japan, Portugal, Finland, Spain, Poland, Ukraine, Lebanon, Syria, Korea, China,
Turkey, Greece, Romania and Argentina).

Brazil has a law and a decree that regulate the entry, stay and departure of
foreign nationals. However, the requirements for the granting of work visas are
determined by Normative Resolutions issued by the National Council of
Immigration and this results in a much more expeditious process than would
otherwise be the case. The Normative Resolutions are constantly updated,
following as closely as possible the needs of the modern world (for example,
even though in Brazil there is no law regulating same-sex marriage, it is
possible for a foreign national coming to Brazil to bring a same-sex partner).

In July 2009 a bill to regulate the entry, stay and departure of foreign nationals in
Brazil; the granting of Brazilian citizenship; and the creation of a National
Council of Migration, was sent to the National Congress (Project No
5,655/2009), but there have been no further developments.


2. SOURCES   OF LAW


Article 5 of the Brazilian Federal Constitution guarantees to foreign nationals
living in Brazil the same rights as Brazilian citizens. They must be treated
equally, with no discrimination based on citizenship, other than the restrictions
set out in the Constitution (e.g. only Brazilian citizens can run for president of
Brazil).

In Brazil, the main law which regulates the conditions for foreign nationals is
Law No 6,815/80, regulated by Decree No 86,715/81.

The rules for obtaining the different types of work visa are issued by the
National Council of Immigration in the form of Normative Resolutions. As of
November 2010, there are 34 Normative Resolutions in effect.

There are also Recommended Resolutions that regulate special situations, such
as humanitarian reasons for refugees who do not meet all the requirements
for obtaining a visa, and health reasons for people who are in Brazil or need
to come to Brazil for medical treatment.


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The following Normative Resolutions that are presently in effect deal with:      •   86 - training of foreign athletes aged between 14 and 21 years
                                                                                 •   87 – professional training of foreign nationals working for foreign
•   1 - high-level professors or researchers and scientists                          organisations belonging to the same economic group as the sponsoring
•   5 - reinstatement of permanent visa status                                       Brazilian organisation
•   6 - permanent visas for refugees (with changes introduced by NR-91)          •   88 – trainees.
•   9 - place of grant of visas
•   14 - temporary absence from Brazil during a period when an application
    for a visa extension is being analysed                                       3. VISITORS   FOR BUSINESS PURPOSES
•   18 - private investors in or administrators of officers of organisations
    located in the Brazilian Exportation Processing Zone                         3.1 Visas
•   27 - special situations                                                      Whether or not a foreign national needs a consular business visa to enter Brazil
•   35 - rendering of services to the Brazilian Government                       depends on his or her country of citizenship. In general, for citizens of most of
•   36 - family reunions (with changes introduced by NR-85)                      the European and the South American countries, no consular business visa is
•   39 - religious ministers or members of a consecrated or confessional         required. For citizens of North American and for most of the Central American,
    institution or religious order, to render religious services or to study     Asian, African and Oceanian countries a consular business visa is required.
•   43 - international co-operation agreements
•   45 - retirement                                                              By contrast, citizens of Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay,
•   49 - educational exchange programmes                                         Peru, Uruguay and Venezuela may enter with only an Identity Card from their
•   61 - transfers of technology, technical assistance or emergency situations   country of origin, with no need of a passport.
    (with changes introduced by NR-73)
•   62 - administrators and officers                                             3.2 Permitted Activities
•   63 - representatives of financial institutions headquartered abroad          A consular business visa is available to people coming to Brazil to attend
•   68 - volunteer work for religious, social assistance or non-profit non-      business meetings, conferences, seminars, workshops or trade shows, or for
    governmental organisations                                                   crew members of an aeroplane or a ship who do not hold an international
•   69 - foreign artists or sportspeople                                         crew card, or for media coverage or filming, or in an adoption process.
•   70 - administrators of non-profit organisations                              Under no circumstances can a foreign national work for and/or be paid by a
•   71 - foreign seamen onboard foreign tourism ships operating in Brazilian     Brazilian source when in Brazil under a consular business visa. A list of the
    territorial waters                                                           countries for which a consular business visa is required can be found at
•   72 - work on foreign ships or platforms                                      www.portalconsular.mre.gov.br.
•   74 - general procedures (with changes introduced by NR-75)
•   76 - professional athletes                                                   Foreign nationals involved in the installation, service and/or repair of
•   77 - common-law marriages, without sex discrimination                        equipment in Brazil do not qualify for a consular business visa.
•   78 - reporting and filming for journalistic, news or commercial purposes
•   79 - foreign employees of Brazilian multi-national organisations             3.3 Procedures
•   80 - temporary visas under employment contracts with Brazilian               For citizens of countries for whom a consular business visa is not required,
    organisations (with changes introduced by NR-89)                             when filling out the ‘Entry Form’ (‘Tarjeta de Entrada’) that is handed out on
•   81 - crew members of foreign fishing vessels(with changes introduced by      their flight to Brazil, those coming in under a consular business visa must tick
    NR-90)                                                                       the box entitled ‘business’. When stamping the Entry Form, the Federal Police
•   82 - foreign scientists, teachers, researchers or professionals              officer in the airport will determine the permitted period of stay (which would
•   83 - foreign tourist ships in Brazil on a long-term trip                     normally be 90 days, but the officer may only permit a shorter period).
•   84 - individual foreign investors                                            However, it is possible to renew the consular business visa once in Brazil, for a
                                                                                 maximum period of 90 days.



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For citizens of countries for whom a consular business visa is required, it must        (for example, picture size, proof of residence etc.) may vary depending
be applied for at the Brazilian Consulate having jurisdiction over the place of         on the Consulate, the foreign national must always check the website of the
residence. Consular business visas are normally multi-entry visas for a period of       Brazilian Consulate having jurisdiction to grant the visa (please visit
up to five years, but this depends on the reciprocity principle (i.e. what the          www.portalconsular.mre.gov.br and then click on the relevant continent,
reciprocating country offers to Brazilian citizens).                                    country and city).

The validity of the consular business visa begins on the date of first entry into
Brazil. Business visa holders, regardless of nationality or visa validity period, can   4. WORKERS    WHO MAY NOT NEED WORK PERMIT
only stay in Brazil for up to 90 days in one continuous period, or for a shorter
period if otherwise noted on the visa. An extension of the original 90 days can         4.1 General
be granted by the Federal Police Department in Brazil, although the total stay          For any type of work, training or education, a foreign national must apply for
(whether on several trips, or on a single trip with a visa extension) cannot            the appropriate visa at the Brazilian Consulate having jurisdiction over the
exceed 180 days per year.                                                               place of his or her residence, except in the case of Mercosur nationals, and
                                                                                        Bolivian and Chilean citizens.
The processing time for the granting of a consular business visa varies,
depending on the Consulate, from 3 to 15 business days.                                 In the case of Mercosur (Argentina, Paraguay, Uruguay) and also Bolivia and
                                                                                        Chile, their nationals may reside, study and work in Brazil irrespective of
3.4 Documents                                                                           obtaining a work visa or a residence permit prior to their arrival. However, once
To obtain a consular business visa, the foreign national normally needs to              they arrive in Brazil, they must apply for the residence permit, which will allow
submit the following documents:                                                         them to study and/or work in Brazil.

•   the visa form, to be filled out online at https://scedv.serpro.gov.br               4.2 Procedures
•   payment of the consular fee                                                         Nationals of Argentina, Paraguay, Uruguay, Bolivia and Chile may apply for a
•   a full face photograph with a white background                                      residence permit either in their country of residence, at the Brazilian Consulate
•   a passport, valid for at least another six months and with at least one blank       having jurisdiction over their place of residence, or upon arrival in Brazil, at the
    page for the visa stamp                                                             Federal Police Department.
•   flight information
•   a letter from the employer or bank, if he or she is self-employed                   The residence permit is valid for a two-year period, at the end of which the
•   for filming or documentary purposes, a special authorisation from ANCINE,           foreign national may request that it be changed to permanent residence, there
    an agency of the Ministry of Culture, is required; and should be obtained           being no need to obtain any special work or study authorisation.
    directly by a Brazilian co-producer
•   if the trip is for adoption purposes, the foreign national(s) must indicate all     4.3 Documents
    the data concerning the lawyer instructed for in the adoption proceeding,           To apply for the visa or residence permit at the Consulate prior to arrival in
    as well as submit a police clearance certificate issued within the last three       Brazil, the foreign national needs to submit the following:
    months
•   there may also be some special documentary requirements relating to                 •   the visa form, to be filled out online at www.scedv.serpro.gov.br
    health, depending on the Brazilian city of destination or country of origin         •   payment of the consular fee
    or places the foreign national visited in the last 90 days                          •   a full face photograph, with a white background
•   the Consulate may request additional information or documentation, as               •   a passport, valid for at least another six months and with at least one blank
    necessary (for example, some Consulates require proof of residence).                    page for the visa stamped, or a national Identity Card
                                                                                        •   a police clearance certificate issued within the last 90 days at the place of
As some of the specific requirements for the visa application documentation                 residence for the last five years



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•   a sworn statement signed before a Public Notary that he or she does not            Permanent
    have any international criminal or police record                                   A permanent work visa is for:
•   a birth and/or marriage certificate, as the case may be, or certificate of
    naturalisation, if applicable, issued more than five years prior to the            (i) directors, officers or administrators of a Brazilian organisation affiliated to
    application                                                                              a foreign organisation
•   details of any special health requirements, if applicable, depending on the        (ii) individual foreign investors
    Brazilian city of destination or country of origin or places where the foreign     (iii) administrators of a non-profit organisation
    national has visited in the last 90 days.                                          (iv) representatives of a foreign financial institution
                                                                                       (v) representatives of a foreign airline.
If the foreign national prefers to apply for the visa (residence permit) directly in
Brazil, then he or she must go to the Federal Police Department and present            Even though the permanent visa is for an indeterminate period of time, the
the following:                                                                         first ‘RNE’ (Brazilian Identification Card for foreign nationals) is issued for a
                                                                                       five-year period (or for the period of the mandate, whichever is the shorter),
•   the Federal Police form, duly completed and signed                                 except in the case of a personal investor, for whom the validity of the initial
•   his or her entry form                                                              RNE is three years, during which the foreign national can only work for the
•   payment of the registration fee                                                    organisation which applied for the visa (the so-called ‘conditional period’).
•   two full face pictures (3mmx4mm), with a white background                          At the end of the conditional period, the foreign national can renew the RNE,
•   a passport or Identity Card from the country of origin                             this time for a nine-year period, and after the renewal he or she is no longer
•   a police clearance certificate                                                     limited to working for the organisation which initially applied for the visa.
•   his or her birth or marriage certificate, duly notarised and consularised in
    the country of origin and translated in Brazil by a sworn translator.              Temporary Item V under an Employment Agreement
                                                                                       A temporary item V under an employment agreement visa is for those who:

5. WORK PERMITS                                                                        (i) come to work for a Brazilian organisation under an employment
                                                                                             agreement
5.1 General                                                                            (ii) are high level professors or researchers, or foreign scientists, and come to
All those coming to work in Brazil (other than nationals of Argentina,                       work either in the public or private sector
Paraguay, Uruguay, Bolivia and Chile), and also for some special types of              (iii) are professional athletes.
training (on-the-job training or an inter-organisation transfer for training in
Brazil) need to have a work authorisation approved by the General                      Items (i) and (ii) are valid for a two-year period, renewable for another two
Co-Ordination of Immigration/Ministry of Labour before the visa can be issued          years, at the end of which they can be changed to a permanent visa. Item (iii)
by the Brazilian Consulate.                                                            is for a minimum period of three months and a maximum period of two years,
                                                                                       and is renewable.
The type of visa to be applied for depends on the type of work that will be
carried out in Brazil.                                                                 Temporary Item V without an Employment Agreement
                                                                                       A temporary item V without an employment agreement visa is for those who:
Work and study visas for Brazil are both a work/study visa and a residence
permit, so there is no need for different procedures.                                  (i) come to work under a technical assistance or transfer of technology
                                                                                            agreement, or for technical assistance under a warranty clause
The most common types of work visa are as follows:                                     (ii) come to work on a foreign ship or platform operating in the Brazilian
                                                                                            territorial waters




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(iii) work abroad for a Brazilian multi-national organisation and come to work        5.1.2 Documents
      for the Brazilian parent organisation in a technical-operational or             As explained above, the first step is to obtain a work authorisation at the
      administrative function                                                         General Co-Ordination of Immigration in Brazil, and the second step is to
(iv) work abroad for the foreign parent or associated organisation of a Brazilian     obtain the work visa at the Brazilian Consulate.
      organisation and come to Brazil for on-the-job training
(v) are foreign-language professors working at an educational institution and         The documentation for obtaining work authorisation varies depending on the
      come to Brazil for cultural training                                            type of visa. Information as to the specific documentation for each visa type
(vi) are sea persons who come to work on a foreign tourism ship that operates         can be obtained at the site of the Ministry of Labour (please visit
      in Brazilian territorial waters                                                 www.mte.gov.br. There is an option to access English or Spanish versions, but
(vii) are crew members of a foreign fishing vessel chartered by a Brazilian           in relation to the Procedural Guide, the site is only updated through Normative
      organisation.                                                                   Resolution No 72. Additionally, in relation to legislation, the English version is
                                                                                      updated through Normative Resolution No 84 and the Spanish version through
Item (i) is valid for a maximum of one year and is renewable for another year;        Normative Resolution No 78).
items (ii), (iii) and (viii) are valid for a maximum of two years and are renewable
for a similar period; items (iv), (v) and (vi) are valid for a maximum of one year    The documentation needed to obtain the visa consists basically of the first four
and are non-renewable; item (vii) is valid for a maximum of 180 days and is           items mentioned in section 3.3 above, plus a marriage or birth certificate, and
non-renewable. This type of visa cannot be changed into a permanent visa.             police clearance certificates for anyone who is 18 years of age or older.
                                                                                      Additional documentation may vary depending on the consulate where the
Temporary Item III without an Employment Agreement                                    visa application is submitted and so it is advisable always to check at the
A temporary item III without an employment agreement visa is for artists or           Consulate’s website to confirm the list of required documents for each type of
athletes coming to work in Brazil for a certain event, with no employment             visa.
relationship in Brazil. The validity of the visa depends on the time required for
the event, but its maximum period of validity is 90 days, renewable in Brazil         5.2 Special preference categories
for a similar period.                                                                 There are no special preference categories for the purposes of immigration
                                                                                      into Brazil.
5.1.1 Procedures
The first step is to apply for a work authorisation before the General
Co-Ordination of Immigration, at the Brazilian Ministry of Labour. Once the           6. LAWFUL   STAY FOR DEPENDANTS
work authorisation is approved, the Co-Ordination of Immigration advises the
Ministry of Foreign Relations, which in turn informs the Brazilian Consulate          6.1 General
indicated in the application of the approval.                                         For the purposes of immigration to Brazil, dependants are defined as:

The Brazilian Consulate only receives the visa application from the foreign           •   spouses
national after it has been informed by the Ministry of Foreign Relations that         •   single children under 21 years of age; or up to 24 years of age, if enrolled
the work authorisation is approved.                                                       on a graduate or post-graduate course and equal reciprocal treatment is
                                                                                          granted to Brazilians; or of any age if incapable of financially providing for
It takes approximately 30 to 45 days for the work authorisation to be approved            themselves
and for the Brazilian Consulate to receive the information from the Ministry of       •   ascendants, provided that their actual need for support is proven by the
Foreign Relations that the work visa has been processed. As to the processing             inviting party
of the visa application at the Brazilian Consulate, this varies between three and     •   a brother or sister, grandchild or great-grandchild if he or she is an orphan,
15 business days, depending on the Consulate.                                             single and under 21 years of age; or of any age if incapable of financially
                                                                                          providing for themselves
                                                                                      •   common-law partners, irrespective of gender.


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Dependants can apply for a family reunion visa, and their visa category will be        equivalent; and (ii) a declaration from two witnesses attesting to the
the same as that of the main foreign national and for the same period of time.         existence of the common-law partnership; and (iii) at least two of any of
However, family reunion visas can only be granted for periods of more than six         the following documents:
months. For periods of less than six months, dependants should enter under a
90-day tourist visa, and have it renewed for another 90 days.                          (a) evidence of dependency issued by the tax authority
                                                                                       (b) a certificate of religious marriage
Dependants of a holder of a temporary visa are not permitted to work or                (c) will or testament provisions that prove the partnership
receive remuneration from a Brazilian source. Therefore, if they wish to work,         (d) a life insurance policy, in which one partner appears as the establisher
they need to apply for a work visa of their own.                                           of the insurance and the other one as the beneficiary
                                                                                       (e) a deed of purchase of real estate, duly registered with the applicable
6.2 Procedures                                                                             Property Ownership Registration showing both parties as owners, or a
When applying for the work authorisation permit in the name of a foreign                   rental agreement showing both parties as lessees
national, the names of the legal dependants should be included in the                  (f) a joint bank account.
application, so that the authorisation for the granting of their visas is sent by
the Ministry of Foreign Relations to the Brazilian Consulate simultaneously         It should be noted that items (b) to (f) must have been issued at least one year
with that of the main foreign national.                                             prior to the application.

However, it must be noted that the authorisation from the Ministry of Foreign
Relations is not a pre-condition for the granting of visas to legal dependants,
as a family reunion visa may be applied for directly at the Brazilian Consulate.

There is an exception, however, in relation to a common-law partner, for
whom there is always the need to obtain prior authorisation from the National
Council of Immigration. Such an authorisation can only be obtained after the
main visa holder has entered Brazil, as copies of his or her Brazilian documents
are required for filing the application in the partner’s name.

6.3 Documents
If already included in the main foreign national’s authorisation, dependants
only need to submit:

•   copies of the marriage or birth certificate, as the case may be
•   police clearance certificates for anyone older than 18 years of age. If not,
    they also need to prove that the main visa holder has a valid visa for a
    period of more than 180 days.

Common-law partners need to prove the existence of their partnership with
the main foreign national, either through:

•   an official document recognising the existence of the partnership by a
    foreign state, or if there is none,
•   through (i) a public deed issued by a Brazilian Public Notary or the foreign



    66                                                                                                                                                               67
1. INTRODUCTION                             71

2. SOURCES OF LAW                           72

3. VISITORS FOR BUSINESS PURPOSES           72

3.1 Visas                                   72
3.2 Permitted Activities                    72
3.3 Procedures                              73
3.4 Documents                               73

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   73

5. WORK PERMITS                             74

5.1 General
    5.1.1 Procedures
    5.1.2 Documents
                                            74
                                            74
                                            75
                                                 Canada
5.2 Special Preference Categories           76
    5.2.1 Procedures                        76
    5.2.2 Documents                         77

6. LAWFUL STAY FOR DEPENDANTS               77

6.1 General                                 77
6.2 Procedures                              78
6.3 Documents                               78
                                       Immigration - An International Handbook - CANADA




1. INTRODUCTION

The ‘temporary foreign worker program’ is administered jointly by Citizenship
and Immigration Canada (‘CIC’) and Human Resources Skills Development
Canada (‘HRSDC’) to enable employers to hire foreign workers to fill short
term labour needs. Canada continues to issue work permits to qualified
foreign nationals without placing a cap on the number of work permits issued.
However, commencing on 1 April 2011, there will be changes to the
temporary foreign worker program which will limit the length of time certain
foreign workers can work in Canada.

From that time, assessments will be made by immigration officers of the
‘genuineness’ of an employer’s offer of employment to a foreign national. The
employer will need to establish that they are actively engaged in the business
in respect of which the offer of employment is made, whether the offer is
consistent with the reasonable employment needs of the employer, whether
the terms of the offer are terms that the employer is reasonably able to fulfill
and whether the employer has complied with past employment requirements
when employing foreign nationals. If it is determined that an employer has not
previously complied with the terms in an offer of employment to a foreign
national (such as payment of the wages stated in the previous Labour Market
Opinion from HRSDC, working conditions as stated in offer of employment
and employment in an occupation as stated in the previous LMO), employers
will be ineligible to make LMO applications to HRSDC for a two year period.

In addition, starting on 1 April 2011, foreign nationals who work in Canada
for a cumulative duration of four years, may not be authorised to work in
Canada for a period of at least four years following the initial four years of
work. There is an exemption for foreign nationals who have obtained work
permits pursuant to an international agreement (including NAFTA and GATS).

Temporary Foreign Worker Units of CIC continue to operate in several
provinces, where employers can submit LMO exemption opinion applications
for those work permits which do not require an LMO from HRSDC, and for
work permit exemption opinion applications for those who do not require
work permits for their work in Canada, such as business visitors.

Generally, HRSDC and CIC have been responding to the economic downturn
in Canada since 2008 with tighter controls on the issuance of LMOs and work
permits. The duration of LMOs issued has been limited generally to one year
to ensure that the labour market conditions in Canada can be responded to
efficiently. This has led to a greater number of restrictions on employers and



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the need for employers to make more efforts to hire Canadians and Permanent         3.3 Procedures
Residents before looking to foreign workers. It is more imperative than ever        If the foreign worker is from a TRV exempt country, he or she may proceed to
that employers understand the requirements of CIC and HRSDC, if applicable,         apply for business visitor status at the port of entry. The employer may wish
and start the process of obtaining temporary work permits for foreign               to obtain a work permit exemption opinion from the Temporary Foreign
nationals well in advance of a proposed start date.                                 Worker Unit to confirm eligibility in advance. In certain circumstances, such as
                                                                                    after-sales service, the foreign national will be issued a visitor record.
                                                                                    If the foreign national is not from a TRV exempt country, an application for a
2. SOURCES    OF LAW                                                                TRV must be made to a Canadian Consulate in his or her country of residence
                                                                                    or citizenship. There is no separate business visitor visa, rather the applicant
The main source of law governing immigration in Canada is the Immigration           will indicate that the purpose of the visit to Canada is for business on the TRV
and Refugee Protection Act s.c. 2001, c27 (the ‘IRPA’) and the Immigration and      application.
Refugee Protection Regulations (SOR/2002-227).
                                                                                    3.4 Documents
                                                                                    To facilitate entry as a business visitor, the foreign national should provide the
3. VISITORS   FOR BUSINESS PURPOSES                                                 following documentation in addition to the documents for a TRV, if applicable:

3.1 Visas                                                                           •   a letter from his or her employer, or a letter of invitation from a Canadian
All foreign nationals (other than those from a list of temporary resident visa          entity stating, in detail, the nature of the business for which the individual
(‘TRV’) exempt countries, which includes the United States of America and               is entering Canada the location and the dates of the meetings
most member states of the European Union) require a TRV to enter Canada.            •   evidence that the business activity is international in scope and that the
A list of the nationalities that require a TRV to enter or transit in Canada is         individual’s primary source of remuneration and place of business/
available on the Citizenship and Immigration Canada website at:                         employment remains outside of Canada.
www.cic.gc.ca.

Single entry or multiple entry TRVs and transit visas only facilitate entry to      4. WORKERS    WHO MAY NOT NEED WORK PERMIT
Canada. Therefore, foreign nationals temporarily entering Canada to work,
other than those permitted entry as business visitors and other limited             In addition to business visitors, there are other categories of workers in Canada
exceptions, require work permits.                                                   who are permitted to enter without a work permit, such as: foreign
                                                                                    representatives, family members of foreign representatives, military personnel,
3.2 Permitted Activities                                                            foreign government officers, off campus employment for students with valid
The business visitor category is intended to facilitate the entry of persons into   study permits, performing artists, athletes and coaches, news reporters, media
Canada who intend to engage in international business and trade activities.         crews, public speakers, convention organisers, clergy, judges, referees and
There must be no intention for these individuals to enter the Canadian labour       similar officials, examiners and evaluators, expert witnesses or investigators,
market. Examples of individuals who can enter as business visitors include:         health care students doing clerkships or practicums, civil aviation inspectors,
those providing after-sales services as part of an original contract for the sale   aviation accident or incident inspectors, crew members working on vehicles of
of equipment, machinery or software to a Canadian entity, supervisors who           foreign ownership and registry, and emergency service providers.
are supervising the installation of specialised machinery purchased or leased
outside Canada, trainers to provide familiarisation and training services on the    The procedures for entry are similar to those of the business visitors, as set out
leased or purchased equipment, intra-organisation trainers and trainees,            in section 3 above. However, the documentation required is specific to each
individuals attending board of directors meetings and individuals who are           particular exemption.
generally entering Canada to attend to international business without
entering the labour market. These individuals generally are entering Canada
for a short term period, usually for a few days or weeks and no longer than a
period of six months.

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5. WORK PERMITS                                                                     Permanent Residents must be included. Once the LMO is obtained by the
                                                                                    employer, the foreign national can file a work permit application.
5.1 General
There are generally two types of work permits:                                      The LMO is applied for by the employer to the HRSDC office in the province
                                                                                    where the foreign worker will be employed.
Regular work permit
Terms and conditions are attached, including a limitation on the employer and       The work permit application must be made by the foreign national and,
the location of the employment. These work permits include those requiring          depending on the category and country of the foreign national, is applied for
an LMO and those that are LMO exempt (such as inter-organisation transferees,       either at the port of entry, if eligible, or at a Canadian visa office in the foreign
under both the North American Free Trade Agreement (NAFTA) and the                  national's country of residence or citizenship.
General Agreement on Trades and Services (GATS) and those professionals
listed under NAFTA and GATS)                                                        Please note that if the foreign national has a criminal record (including a
                                                                                    conviction for driving under the influence of alcohol or drugs), he or she may
Open work permit                                                                    be refused entry into Canada for criminal inadmissibility.
In these, a specific employer or location is not specified.
                                                                                    5.1.2 Documents
Most individuals will need to apply for a regular work permit and their             The documentary requirements are set out below:
accompanying spouse may then be issued an open work permit. Generally,
with notable exemptions, to obtain an LMO from HRSDC, an employer must              For an LMO from HRSDC
first demonstrate that a Canadian citizen or permanent resident is not
available to fill the position by providing evidence of recruitment efforts. Once   •   a foreign worker (LMO) application
an LMO is obtained, the foreign national may apply for a work permit. A             •   proof of advertising (the duration and type of advertising varies with
couple of notable exemptions to the LMO requirement include inter-organisation          the skill level of the occupation)
transferees and professionals under both the NAFTA and GATS which are               •   evidence of recruitment efforts (including summary of applications
LMO-exempt categories (see subsection 5.2).                                             received and interviews conducted)
                                                                                    •   in unionised situations - approval from the relevant union
Note that to work in Canada, a foreign national must meet the general               •   a training plan to train Canadians in future (if applicable)
requirements for entering Canada, in addition to those for getting a work           •   a job description setting out the qualifications required.
permit. This means that foreign nationals who are not from TRV exempt
countries (as discussed in section 3), will need a TRV. However, the applicant      Note that for all LMO applications, HRSDC will call the employer directly to
does not need to apply for the TRV separately from the work permit application.     confirm the details of the LMO application. This is a mandatory component of
If the work permit is approved, the TRV will be issued at the same time as the      the LMO application.
documentation he or she needs for a work permit. Please note that if the
applicant does require a TRV, the initial work permit application must be made      For a work permit (requiring an LMO)
at a Canadian visa office in the foreign national’s country of residence or
citizenship and cannot be made at the port of entry.                                •   a valid LMO
                                                                                    •   a support letter from the employer
5.1.1 Procedures                                                                    •   an offer of employment
Where an LMO is required, the employer must submit the application to               •   a resume
HRSDC after first advertising the position in accordance with pre-determined        •   evidence of educational degrees
advertising requirements based on the classification of the occupation.             •   passport sized photographs may be required
Evidence of the recruitment process and inability to hire Canadians or              •   depending on the foreign national’s country of residence and/or citizen
                                                                                        ship, police clearance certificates may also be required.


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Note that the visa offices outside of Canada can differ significantly and            5.2.2 Documents
therefore applicants should check to see if there are any additional supporting      In addition to the LMO Exemption Opinion application, and depending on the
documents required for applications to a particular visa office. This information    category of work permit, further documentation will also be required, such as:
can be found online for the applicable Canadian Visa office outside Canada.
                                                                                     •   a letter from the foreign national’s existing employer confirming his or her
Please also note that a medical examination may be required, depending on                current employment
the foreign national’s country of residence and/or citizenship and history of        •   a letter from the foreign national’s Canadian employer confirming work to
residence, and/or the type of employment that he or she will be engaged in               be conducted in Canada
while in Canada. Please consult CIC’s website at www.cic.gc.ca for details.          •   documentation showing the intra-organisation relationship
                                                                                     •   local business, licenses and evidence of legal entity such as incorporation
Processing times for LMOs vary by province and will depend on the volume of              documents for Canadian employer
applications being processed by Service Canada. On average, LMOs can take            •   the foreign national’s resume
anywhere from three to ten weeks to process.                                         •   the foreign national’s educational certificates
                                                                                     •   the job offer from the Canadian employer
Work permit applications processed at visa offices outside of Canada generally       •   copies of passports.
take between 30 and 90 days to process (depending on the country in which
the application is being processed), if medicals are not required. If a medical is
required, an additional delay of three months can result. If the work permit is      6. LAWFUL   STAY FOR DEPENDANTS
being applied for at the port of entry, the work permit may be issued to the
foreign national at the time of the application.                                     6.1 General
                                                                                     Spouses and children may accompany foreign workers to Canada as visitors
5.2 Special preference categories                                                    and obtain valid status for the duration of the foreign national’s (i.e. the work
Intra-organisation transferees in executive, senior managerial positions, as well    permit holder’s) status. Spouses and common-law partners (‘spouse’) of
as individuals with specialised knowledge, whether under international               foreign nationals on valid work permits may be eligible for a spousal work
agreements such as NAFTA, GATs or other treaty agreements, do not require            permit. Qualification for a spousal work permit depends on the foreign
an LMO to work in Canada. Additionally, under certain international                  national’s job classification. If his or her job classification is what is referred to
agreements, certain professionals (generally requiring a bachelor’s degree in        as an ‘O’, ‘A’ or ‘B’ level (‘skilled level’), the spouse may be issued an open
most circumstances) are exempt from the requirement of obtaining an LMO to           work permit that allows the spouse to work for the employer of their choice.
work in Canada, as are: traders and investors, individuals that qualify under        The spousal work permit will be valid for the same duration as the foreign
reciprocal employment agreements, youth exchange programmes, spouses of              national’s work permit, provided the spouse’s passport is valid for the entirety
skilled workers, classes designated by the Minister of Immigration, which            of this period. This is of course contingent on providing proof of relationship,
includes research, educational and training programmes, post-doctoral fellows        such as a copy of the marriage certificate.
and award recipients.
                                                                                     There is some inconsistency in the processing of spousal work permits; some
5.2.1 Procedures                                                                     Canada Border Service Agency Officers will issue a work permit to the spouse
If the foreign national is a national of a TRV exempt country, an application for    at the same time as the foreign national’s work permit is issued. Other officers
an LMO exemption opinion can be applied for at a Temporary Foreign Worker            will initially provide a spouse with visitor status and advise him or her to apply
Unit of CIC. These applications are submitted to the Temporary Foreign               inland for a change of terms and conditions to obtain a spousal work permit.
Worker Unit of CIC located in the province the work is to be conducted by
foreign national. The processing times for these applications vary between           Additionally, children of the foreign national are also entitled to stay in Canada
Temporary Foreign Worker Units and depend on case loads, but generally               as visitors. Dependent children are not required to have study permits to
require at least ten business days to process.                                       attend primary or secondary school, however, in some cases, the schools may



   76                                                                                                                                                                   77
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require that the child obtain a study permit or their own visitor record for
enrollment. Dependent children may be the principal foreign national’s own
children or those of the spouse.

Children generally accompany the foreign national or the spouse when
entering Canada and are issued visitor records or listed as dependants on the
foreign national’s work permit or the spouse’s permit. In order to be issued
visitor status, proof must be provided of the relationship to the foreign
national, which is done by a long form birth certificate showing the foreign
national as a parent. In addition, a copy of the parent’s work permit needs to
be provided.

6.2 Procedures
The spouse’s permit (whether visitor record or open work permit) and the
dependant children’s visitor record or study permits can be applied for at the
same time as the principal applicant in one application. If the applicants are
from TRV exempt countries and the foreign national, the spouse and dependent
children attend at the port of entry together, the dependants’ permits will be
processed at the same time as the foreign national’s work permit. Marriage
certificates and birth certificates will be required.

6.3 Documents
If the application is submitted outside of Canada at a visa office, the supporting
documents required are proof of relationship (i.e. marriage certificates and
birth certificates). Spouses and dependent children may also need to provide
photos, police clearance certificates (for spouse) and medical exams (please
consult the requirements of the relevant visa office abroad for a list of the
required supporting documentation).

If the spouse and dependent children come to Canada separately and at a later
date than the foreign national, they can simply apply at the port of entry if
they are from TRV exempt countries with a copy of the foreign national’s work
permit and marriage/birth certificates. For those who are not from TRV
exempt countries, applications will need to be submitted to a Canadian Visa
office. Please consult the local visa office for a list of the supporting document
they require.




   78
1. INTRODUCTION                             83

2. SOURCES OF LAW                           83

3. VISITORS FOR BUSINESS PURPOSES           83

3.1 Visas                                   83
3.2 Permitted Activities                    83
3.3 Procedures                              84
3.4 Documents                               85

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   85

5. WORK PERMITS                             85

5.1 General
    5.1.1 Procedures
    5.1.2 Documents
                                            85
                                            86
                                            86
                                                 Chile
5.2 Special Preference Categories           86
    5.2.1 Procedures                        86
    5.2.2 Documents                         86

6. LAWFUL STAY FOR DEPENDANTS               86

6.1 General                                 86
6.2 Procedures                              87
6.3 Documents                               87
                                          Immigration - An International Handbook - CHILE




1. INTRODUCTION

An employer in Chile is prohibited from employing foreign nationals without
first having obtained the necessary permission to do so. Various types of
permission are applicable in Chile, depending on the circumstances.


2. SOURCES    OF LAW


The sources of immigration law are as follows:

•   Decree law no 1,094 of 1975 contains regulations regarding entry into
    Chile, residence, permanent residence, exit, re-entry, deportation and the
    control of foreign nationals
•   Decree no 597 of 1984 contains regulations relations to foreign nationals.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Every foreign national requires permission, or a visa, to enter, stay and work in
Chile.

Depending on the reason and intended duration of the stay, different types of
visa are available, as follows:

•   tourist visas
•   visas subject to contract
•   temporary visas
•   student visas
•   permanent residence visas.

For the purposes of working in Chile, the most common visas are temporary
and are subject to contract.

3.2 Permitted Activities
A tourist visa is granted for the purposes of recreation, sports, health, studies,
business management, visiting family and religious or similar activities.
A tourist visa does not permit immigration, residence or the development of
remunerated activities. Nevertheless, if a foreign national intends to work for
a limited period of time, he or she can request authorisation to work for a
period of no more than 30 days. This period can be extended for further
periods of 30 days until the termination of the tourist visa.


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A visa subject to contract is given to a foreign national who travels to Chile to   3.4 Documents
fulfill his or her employment contract. A visa subject to contract can remain       To apply for a work permit, the foreign national will generally need:
valid for a period of up to two years and can be extended for further periods
of up to two years. Termination of the contract that served as the basis for this   •   an application form for a visa subject to contract or a temporary visa.
visa type, brings about the visa’s immediate expiration.                                This document is provided by the Chilean authority
                                                                                    •   a photocopy of the applicant’s current passport (including the
A temporary visa is given to a foreign national who travels to Chile to perform         identification sheet, number and date when granted and date of its
an activity without an employment contract. This permission is granted,                 expiration, but excluding the page with the seal or stamp of last entry into
among others, to those foreign nationals who are business persons, investors,           Chile)
professionals, technicians and those whose aim is to settle in Chile, provided      •   a photocopy of his or her current tourist document
they can certify having family links or interests in the country and that their     •   three recent colour photographs (3x2cms), with the applicant’s full name
residence is deemed useful or advantageous to Chile. This visa type has a               and passport number
maximum validity period of one year and can be extended only once, for a            •   a copy of the employment contract, which has been legalised by a public
further year.                                                                           notary in the case of a visa subject to contract. In accordance with Article
                                                                                        37 of Decree Law no 597, the employment contract that serves as a basis
A student visa is granted to any foreign national who travels to Chile to study         for a request for this type of visa should contain specific clauses (i.e. an
in a public or private establishment that is recognised by the government of            effectiveness clause, a travel clause, a clause relating to the social security
Chile. This visa type has a maximum validity of one year and may be renewed             regime and an income tax clause)
for similar successive periods.                                                     •   the application submission fee.

Permanent residence is granted to foreign nationals who wish to reside in           To apply for a work permit with a tourist visa, a foreign national must provide:
Chile for an indefinite period of time and undertake any type of activity,
without any further limitations than those established in the legal and             •   a photocopy of the his or her current passport
regulatory provisions. Whether this permit is granted is a decision for Ministry    •   a photocopy of a valid tourist document
of the Interior.                                                                    •   his or her employment contract, which has been legalised before a public
                                                                                        notary.
3.3 Procedures
An application form for a work permit can be obtained from:                         Further details and an up-to-date list of documents can be found on the official
                                                                                    website of the Department for Foreign Affairs at www.extranjeria.gov.cl.
•   the Chilean Consulate in the country of residence of the foreign national
    who requests the visa
•   the Department of Foreign Affairs in Santiago                                   4. WORKERS    WHO MAY NOT NEED WORK PERMIT
•   the local authorities in each region.
                                                                                    A foreign national can only perform work in Chile if he or she has a work
Regarding the timeframe for receiving either a subject to contract or a             permit. There are no exceptions to this requirement.
temporary visa, this depends on where the application is filed. The granting of
these visas in the country of residence of the foreign national is much quicker
(approximately one month), but the length of time will depend on the individual     5. WORK PERMITS
Consulate. If the visa is requested once the foreign national has already arrived
in Chile, it can take approximately three or four months. However, the foreign      5.1 General
national can request permission to work while the visa application is being         As already mentioned, a visa subject to contract, a temporary visa and a
processed.                                                                          permanent residence visa will permit a foreign national to work in Chile. In



    84                                                                                                                                                                85
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addition, the Chilean authority can permit a foreign national to work while his or    6.2 Procedures
visa is being processed. The visa process takes approximately 30 days from the        Permits for dependants, as well as the visa types mentioned above, can be
date of application.                                                                  obtained from the Chilean Consulate, Department for Foreign Affairs or local
                                                                                      authorities in the various regions of the country.
A foreign national who intends to work for a limited period of time, can request      A visa for dependants does not authorise them to carry out remunerated
authorisation to work with a tourist visa for a period of no more than 30 days,       activities in Chile.
which can be extended for further periods of 30 days, until the expiry of the
tourist visa.                                                                         6.3 Documents
                                                                                      A dependant must present the following documents when applying for a visa:
5.1.1 Procedures
Generally, there are no special rules, permits or visas for those foreign nationals   •   in relation to a spouse: his or her original marriage certificate or a copy that
who fall within the special preference categories (e.g. inter-company transferees         has been authorised by a public notary
or high demand professionals). In these cases the permits required are the            •   in relation to a child: his or her original birth certificate, in which the names
same as those already discussed (please see section 3.1 above).                           of his or her parents are indicated, or a copy that has been authorised by
                                                                                          a public notary
However, within the framework of free trade agreements subscribed in Chile,           •   in relation to the parents of the main visa holder: the original birth
there is a special chapter regarding the entry of foreign nationals which                 certificate of the main visa holder, in which the names of his or her parents
facilitates the granting of residence permits for nationals of Argentina, Mexico          are indicated, or a copy that has been authorised by a public notary
and Canada, amongst others. For more information, please see                          •   a sworn declaration by the main visa holder of his or her finances, in which
http://www.extranjeria.gov.cl.                                                            he or she assumes the cost of maintaining his or her dependant(s) in Chile.
                                                                                          The original must be signed before a public notary.
5.1.2 Documents
Please see section 3.4.                                                               The document to prove the relationship between the main visa holder and his
                                                                                      or her dependant(s) must be legalised by the Chilean Consulate of his or her
5.2 Special preference categories                                                     country of origin and translated and legalised by the Department for Foreign
There are no special preference categories.                                           Affairs. If the document is written in English, French, Italian or Portuguese, no
                                                                                      translation is necessary.
5.2.1 Procedures
Not applicable.

5.2.2 Documents
Not applicable.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
A ‘dependant’ is a family member of a foreign national who lives with him or
her and is understood to be his or her spouse, parent or child.




   86                                                                                                                                                                    87
1. INTRODUCTION                             91

2. SOURCES OF LAW                           92

3. VISITORS FOR BUSINESS PURPOSES           94

3.1 Visas                                    94
3.2 Permitted Activities                     96
3.3 Procedures                               96
3.4 Documents                                97

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   98

4.1 General                                  98

5. WORK PERMITS

5.1 General
                                            99

                                             99
                                                  Colombia
    5.1.1 Procedures                        100
    5.1.2 Documents                         101

5.2 Special Preference Categories           102
    5.2.1 Procedures                        103
    5.2.2 Documents                         103

6. LAWFUL STAY FOR DEPENDANTS               105

6.1 General                                 105
6.2 Procedures                              105
6.3 Documents                               105
                                      Immigration - An International Handbook - COLOMBIA




1. INTRODUCTION

Colombia operates under civil law based on codes, laws, and statutes. Foreign
nationals who enter the country must observe immigration law and
regulations that govern the relationship between the government and the
foreign national.

Since July of 2009, we have seen new trends emerge with the passing into law
of Decree 2622 of 13 July 2009 and Resolution 4700 of 25 November 2009
(both of which build on the framework set out in Decree 4000 of 2004). Both
pieces of legislation established visa categories and the corresponding
requirements necessary for entry into Colombia. Resolution 4700 set out the
necessary requirements needed to qualify for each type of visa created by
Decree 4000 of 2004, as amended by Decree 2622 of 2009.

These two decrees are part of a key development in Colombian immigration
law, and represent a trend towards greater flexibility in immigration policy with
a view to encouraging more investment, as well as more inflow of human
capital and expertise.

Business visa (‘Visa de Negocios’) holders may now remain in Colombia for up
to one year. Previously, they were limited to stays of up to six months. A
dependant business visa allows business visa holders to bring family members
with them as dependants, provided they submit (together with their own
application) an application on the family member’s behalf. Previously, business
visa holders were not allowed to sponsor family members for entry as
dependants. Because of the new legislation, business visa holders may now
submit a work authorisation application directly to the Colombian Ministry for
Foreign Affairs in Bogotá prior to the expiration of their visas without the need
to travel abroad.

These new amendments now allow foreign nationals to apply for temporary
visas, not only in a consular office in their country of origin, but also at the
Ministry for Foreign Affairs in Bogotá. The following foreign nationals are
eligible to apply for a temporary visa: the spouse or permanent partner of
Colombian nationals; students; refugees; special temporary individuals seeking
medical treatment; pensioners; landlords; those seeking to adopt; and those
seeking to work on a self-employed basis or in another specialist area not
foreseen by the regulations. A visa granted to a spouse or permanent partner
of a Colombian national has increased in duration from two to three
consecutive years. This makes it easier to apply for a qualified resident visa.




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Investor visa holders who reside in Colombia for three consecutive years are           •   Decree 2622 of 13 July 2009, which partially modified Decree 4000 of
now eligible for a qualified resident visa. This visa confers the right to reside in       2004. This amendment demonstrated the clear intention of lawmakers to
Colombia indefinitely, provided the foreign national does not leave the                    make entry into and permanent residence in Colombia easier and more
country for more than two consecutive years. Qualified resident visa applications          flexible, thus represents a significant improvement for certain categories of
must be submitted to the Colombian immigration authorities at least 30 days                foreign nationals. The most important changes focused on making
prior to the expiry of the investor visa.                                                  immigration easier for foreign nationals who are on business visits and
                                                                                           changing immigration regulations in response to commitments arising
A foreign national who is legally able to work as a dependant of a person                  from free trade treatises, agreements of association, and other international
holding a qualified resident visa, can now apply for a qualified resident visa as          commitments to which Colombia is a party.
long as he or she can demonstrate an independent source of income and                  •   Resolution 4700 of 2009, which sets out the requirements to qualify for
prove that he or she has lived in the country for at least five consecutive years.         each category of visa, as established in Decree 4000 of 2004, as amended.
                                                                                           Foreign nationals applying for a visa must now meet the conditions
By contrast, the conditions for investors to obtain a visa have tightened. The             described in this new resolution, which replaces the visa requirements set
new requirements for those wishing to obtain an investor visa seem to run                  out in Resolution 225 of 2005.
counter to the effort to open up immigration. The new legislation increases            •   Law 1429 of 2010; article 63 of this law abolished article 74 of Law 141
the amount of investment required to obtain an investor visa by introducing                of 1961 (the Labour Code), Resolution 154 of 2001 and Resolution 977 of
the new category of special temporary visa. A special temporary visa is for                2009, which established the principles governing employment of foreign
those who have invested significant sums, but not enough to qualify for an                 nationals. Upon employing a foreign national, Colombian immigration law
investor visa. Resolution 4700 allows the partner or owner of any commercial               previously required the Ministry for Social Protection to issue a ‘Certificate
establishment or organisation to obtain a special temporary visa if he or she              of Proportionality’, proving that the organisation did not violate the foreign
holds non-property investments equal to or more than USD 25, 000. To obtain                versus national employee ratio, as set out in the Colombian Labour Code.
a full investor visa, the amount of non-property investment required rises to              However, on 29 December 2010 a modification was passed to the effect
USD 100,000. However, for real estate investments, the amount required for                 that a Certificate of Proportionality will no longer be required. The
a special temporary visa is at least USD 100,000 and obtaining an investor visa            Government made this change in order to provide greater flexibility and
raises this to USD 200,000. For both visa types, foreign nationals must submit             efficiency in immigration procedures.
a certificate issued by the Central Bank (‘Banco de la República’), which shows        •   Law 43 of 1993 regulates the acquisition and renunciation, as well as the
the proper registration of the investment. Foreign nationals must also submit              loss and recovery of Colombian nationality. It does this by expanding on
the appropriate conveyance and clearance certificates for deeds to the                     the principles set out in Article 96 of the National Political Constitution of
property, which are granted by the Public Instruments Registry Office. These               1991, which defines and describes the basic aspects of Colombian
rules have been implemented to prevent abuse of the investor visa, which in                nationality.
the past has been used as an easy route to obtaining a resident visa. These            •   Laws 842 of 2003, 51 of 1986, and 60 of 1981, among others, relate to
changes ensure that these increasingly liberal immigration laws are not taken              specially regulated professions. In Colombia, foreign nationals must
advantage of and abused and also guarantee that foreign holders of investor                comply with specific rules regulating their individual professions. In strictly
visas really are business persons wishing to develop new opportunities in                  regulated areas, foreign nationals need to obtain approval from the
Colombia or wishing to establish a permanent residence in the country.                     Professional Councils responsible for regulating their respective
                                                                                           professions. This is achieved through certificates, issued by the Professional
                                                                                           Council, that validate the workers’ qualifications. The Professional Council
2. SOURCES    OF LAW                                                                       verifies the specific role the foreign professional will carry out as part of his
                                                                                           or her work in Colombia and certifies his or her ability to carry out this role.
Key Colombian immigration legislation includes the following:                              A further professional qualification may be needed in order to have an
                                                                                           existing degree validated by the Ministry for Education – and this can then
•   Decree 4000 of 30 November 2004, which regulates the different                         be certified by the Professional Council for work. Alternatively, depending
    categories of visas and work permits that foreign nationals must obtain to
    work in or enter into Colombia.

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    on the profession, foreign nationals may have their degree validated with        The following is a complete list of the various types of visa:
    out the need for further qualifications obtained in Colombia or they may
    be given a temporary licence to prove that they are sufficiently skilled to do   •   courtesy visa
    their job to a suitable standard.                                                •   business visa
•   International Immigration Agreements, which include Colombia’s                   •   crew member visa
    agreement with its Andean neighbours (‘Comunidad Andina’), Merco Sur,            •   temporary visa:
    and Colombia’s treaty with Chile. All contain terms relating to immigration.         - temporary spouse or permanent companion of Colombian national
    To comply with these commitments, the Colombian Security Services                         visa
    Agency (DAS) has made special provisions to allow foreign nationals from             - temporary special visa
    the Comunidad Andina and Mercosur to enter Colombia for tourism                      - temporary student visa
    purposes with their national identity documents and with no need of a                - temporary work visa
    passport.The Immigration Division of DAS is the entity responsible for               - temporary religious visa
    registration and control of the entry, stay and departure of foreign                 - temporary refugee visa
    nationals in Colombia. It is also responsible for border inspections. The        •   resident visa:
    DAS’s Immigration Division also processes many documents for the                     - investor resident visa
    Colombian government including entry permits, registration documents of              - qualified resident visa
    the foreign nationals, foreign identification documents, and documents               - resident visa for the relative of a Colombian national
    related to migratory movements and police records, along with certificates       •   visitor visa
    of safe-conduct.                                                                     - temporary tourist visa
•   The Political Constitution of Colombia of 1991 (Articles 96 to 102 of the            - temporary visitor visa
    Colombian Constitution) outline the principal conditions for inhabitants             - temporary technical visa
    and define the extent of the Colombian territory. These include an               •   entry permit
    explanation of the principles of citizenship and matters relating to foreign         - temporary tourist entry permit
    nationals and national boundaries.                                                   - temporary visitor entry permit
                                                                                         - temporary technical entry permit

3. VISITORS   FOR BUSINESS PURPOSES                                                  To apply for any of the visas listed above, a foreign national must submit, in
                                                                                     addition to general travel documents, the particular documents required for
3.1 Visas                                                                            each kind of visa. It is important to bear in mind that all the documents issued
                                                                                     abroad in languages other than Spanish must be translated into Spanish.
A visa is an authorisation given to a foreign national who needs to enter and        These translations must be made by an official translator certified by the
stay in a country. In Colombia, it is granted either directly by the Ministry for    Ministry for Foreign Affairs of Colombia or by the Foreign Office in the
Foreign Affairs or indirectly through a Colombian Consulate abroad.                  country from which the document originates. Public documents must also be
                                                                                     apostilled or legalised by the Colombian Consulate or a public notary in their
In Colombia there are six types of visa (courtesy, business, crew member,            country of issue.
temporary, resident and visitor), some of which are divided into sub-categories.
The classes and categories of visas have criteria that vary depending on the         Regarding business visas, foreign visitors for business purposes may apply for
circumstances surrounding the visit. Such criteria include, amongst others, the      a business visa if they are legal representatives, directors or executives of a
purpose of the foreign national’s visit, the frequency and duration of his or her    foreign industrial, commercial or services organisation that has an economic
travel, his or her occupation, kinship with Colombian nationals and initial          relationship with a foreign or national organisation in Colombia. In order to
capital destined for the business and investment.                                    decide if a business visa is the appropriate authorisation for a foreign visitor for
                                                                                     business purposes, it is also important to analyse the frequency and the



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duration of travel. A business visa is also granted to a foreign national who can   3.4 Documents
demonstrate his or her status as an accredited merchant, industrialist, or          To apply for any Colombian visa type, a foreign national must submit, in
businessperson wishing to enter the country in order to develop new business        addition to his or her general travel documents, the particular documents
or explore new opportunities and markets.                                           required for each kind of visa. The following documents must be presented by
                                                                                    any person who applies for a Colombian visa, regardless of the type of visa:
3.2 Permitted Activities
As a business visa holder, a foreign national may carry out assorted business       •   a valid passport and a copy thereof. The passport must be valid for at least
activities, for example, attending board of directors meetings, executing               three months
contracts and establishing new business contacts. Possession of a business          •   an application form duly signed
visa does not, however, allow the holder to establish permanent residence in        •   two colour photos with a light background (3 x3cms)
Colombia and he or she will not be entitled to receive a salary or fee of any       •   the particular documents required for the specific type of visa.
kind while in Colombia.
                                                                                    Specifically in relation to a business visa, a foreign national must submit the
3.3 Procedures                                                                      following documents:
The timeframe for completing the whole application process for a business visa
has been estimated at around 20 business days. This estimate includes the           •   a letter signed by the authorised legal representative of the foreign
time necessary for the relevant documents to be signed by the legal                     organisation that supports him or her, in which the activity that he or she
representative of the Colombian organisation in question. However, the                  will carry out in Colombia is clearly determined. This letter is a means for
specific time to process the application after all the necessary documents have         the organisation to introduce its employee and explain the activity to be
been gathered, depends on where the application is made. If it is made at a             developed by him or her while in Colombia. The organisation must assume
Colombian Consulate abroad, a foreign national must then schedule an                    financial responsibility for the travel expenses of the foreign national to his
interview with the Consulate, the timeframe for which varies from Consulate             or her country of origin; or
to Consulate. After the interview, the Consulate must respond within seven          •   a letter signed by the foreign national in which the reasons for the
days. If the interview is successful, the visa will normally take approximately         application are explained, as well as bank certifications that show his or her
three to seven working days to be granted. Non-restricted nationals may apply           financial ability to conduct business in Colombia. In essence, it is a letter
for a business visa at the Ministry for Foreign Affairs in Bogotá. This process         from a self-employed foreign national introducing himself or herself and
usually takes one day. It is typical for a non-restricted national to enter             explaining the incentives and purpose of his or her visa request. He or she
Colombia with a temporary tourist or visitor entry permit and either apply              must submit proof of financial capacity to do business in Colombia; or
independently, or sign a power of attorney that allows a Colombian law firm         •   a letter from the Colombian organsation (private or public entity) inviting
to apply for a business visa on his or her behalf.                                      the foreign national and stating that they are responsible for him or her
                                                                                        during his or her stay in Colombia. It must be signed by the authorised
A foreign national who holds or applies for a business visa may also request            legal representative of the Colombian organisation that promotes the
visas for family members at the Ministry for Foreign Affairs of Colombia, or            foreign national’s visit and the organisation must confirm that they assume
through Colombian Consulates abroad. Moreover, if business visa holders wish            responsibility for the foreign national during his or her stay in Colombia
to get a job while in Colombia, they are permitted to apply for a temporary         •   an incorporation certificate (‘Certificado de Existencia y Representación
work visa at the Ministry for Foreign Affairs in Colombia. A business visa may          Legal’) of the Colombian organisation or a certificate of incorporation and
be granted for up to four years, with multiple entries, allowing a maximum              legal representation of the foreign national’s organisation, issued no more
length of stay of one year per entrance. If a foreign national stays in the             than three months prior to the submission of the visa application.
country beyond the authorised period of stay, his or her visa will be rendered
invalid.




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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                             Tourist visitor entry permit
                                                                                       This permit is granted to a foreign national wishing to carry out tourist
4.1 General                                                                            activities for a period of 90 continuous days within the same year. At the
Please note that the following categories of entry permits do not allow the            airport, DAS officers will stamp his or her passport and record the length of
foreign national to work in Colombia, only to develop business activities, etc.        time that he or she informs the DAS officer that he or she will remain in
                                                                                       Colombia.
Temporary Entry Permits
In accordance with Colombian immigration legislation, citizens of more than            Temporary visitor entry permit
80 countries are called ‘non-restricted nationality foreigners’. Foreign               This permit is granted to a foreign national wishing to enter Colombia for a
nationals with nationalities not included in the list of non-restricted nationality    maximum period of 180 days within the same year, through multiple entries.
countries must request a visitor visa from the Colombian Consulate abroad in           At the airport, DAS officers will stamp his or her passport and record the
order to enter Colombia. Article 1 of Resolution 5707, issued by the Ministry          length of time that he or she will be permitted to remain in Colombia. Usually,
for Foreign Affairs on 5 November 2008, establishes that nationals of the              such a permit is granted for only 45 days and a foreign national must
following countries do not require a visa to enter and remain temporarily in           personally obtain an extension from DAS prior to the expiration date. A
Colombia, if they are a tourist visitor, a temporary visitor or a technical visitor:   foreign national granted with this permit may undertake reporting or business
                                                                                       activities; participate in academic activities such as seminars, exhibitions and
Andorra, Antigua and Barbuda, Argentina, Australia, Austria, the Bahamas,              courses not exceeding six months in length; be interviewed in a personnel
Barbados, Belgium, Belize, Bolivia, Brazil, Brunei-Darussalam, Bhutan, Canada,         selection process; receive medical treatment; and participate in non-remunerated
Chile, Cyprus, Costa Rica, Croatia, Denmark, Dominica, Ecuador, El Salvador,           sporting, scientific or cultural events.
Germany, Estonia, Fiji, Finland, France, Grenada, Greece, Guatemala, Guyana,
Honduras, Hong Kong (SARG-China), Hungary, Indonesia, Ireland, Iceland,                Technical entry permit
Israel, Italy, Jamaica, Japan, Latvia, Liechtenstein, Lithuania, Luxemburg,            Individuals who wish to perform technical activities on an urgent basis may do
Malaysia, Malta, Marshall Islands, Mexico, Micronesia, Monaco, Norway,                 so for up to 45 days by obtaining either a technical entry visa or a technical
New Zealand, the Netherlands, Palau, Panama, Papua New Guinea, Paraguay,               entry permit, depending on whether they are considered as restricted
Peru, the Philippines, Poland, Portugal, , the Czech Republic, the Dominican           nationals or not. Under the new rules, foreign nationals who are considered
Republic, Romania, Saint Kitts and Nevis, Samoa, San Marino, Saint Lucia,              exempt from obtaining a visa (‘unrestricted nationals’) and who have obtained
Saint Vincent and the Grenadines, Singapore, Slovakia, Slovenia, Spain,                a technical entry permit, may remain beyond the initial 45-day period, if they
Solomon Islands, South Africa, South Korea, Sweden, Switzerland, Suriname,             submit an application for a technical visa to the immigration authorities in
Trinidad and Tobago, Turkey, the United Arab Emirates, the United Kingdom of           Colombia prior to the expiration of the initial 45-day period. Technical visas are
Great Britain and Northern Ireland, the United States of America, Uruguay,             granted at the sole discretion of the Colombian immigration authorities.
Vatican City and Venezuela.                                                            However, those for whom it is mandatory to obtain a visa in order to enter
                                                                                       Colombia (‘restricted nationals’) and who wish to perform technical activities
Additionally, Resolution 0928 of March 2009 establishes that citizens of               on an urgent basis must obtain a technical visa from a Colombian Consulate
Russian nationality who wish to enter Colombia do not require a visa.                  abroad prior to entry and they are limited to a stay of up to 45 days with no
                                                                                       possibility of an extension.
Citizens of the countries listed above are not required to carry out any prior
correspondence with the Colombian authorities abroad in order to enter
Colombia, as long as the purpose of their trip is the same as the description of       5. WORK PERMITS
the visa categories: tourist visitor, temporary visitor or technical visitor. In
accordance with Colombian immigration legislation, after arrival at the airport        5.1 General
in Colombia officers from DAS will grant the foreign national a certain term of        There are several variations of temporary visa, but the most prevalent type
stay, taking into account the activities to be carried out and the duration of the     found in Colombian immigration cases is the temporary work visa. This visa
stay in Colombia. The following entry permits are issued to visitors:


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allows foreign nationals to work and receive income in Colombia for a                   Article 63 of Law 1429 passed on 29 December 2010, abolished article 74 of the
particular job in a specific organisation. This visa is adequate for foreign            Labour Code which established different principles regarding foreign national
nationals of countries, whether they are restricted or not, who will visit              employees. For instance, under the provision set out in Article 74 of the Labour
Colombia to perform any kind of activity related to work, even if they will not         Code, an employer who has more than ten employees must hire no less than
receive an income in Colombia.                                                          90% of its workforce as regular Colombian employees, while no less than
                                                                                        80% of the qualified, specialised or directors and management of a
Temporary work visas are granted for a maximum duration of two years and                Colombian organisation must come from Colombia. Therefore, depending on
may be renewed and remain valid for a further two years. They expire if the             the kind of job (regular, qualified, specialised or director and managerial),
holder leaves Colombia for more than 180 continuous days. In order to renew             Colombian legislation allowed just 20% of the employees in an organisation
a temporary work visa, an application must be filed with the Ministry for               established in Colombia to be foreign nationals. As a consequence, Colombian
Foreign Affairs of Colombia. This visa type is granted to foreign nationals who:        immigration law required a certificate to be issued by the Ministry for Social
                                                                                        Protection within three months of the submission of the proportionality
•   are engaged by a private or public institution or organisation to perform           request, showing that by contracting with the foreign national, the
    services, or who work within their specialist or professional field                 organisation was not violating the relevant ratio. Since 29 December 2010, the
•   intend to enter Colombia on a temporary basis by virtue of an academic              proportionality request and certificate are no longer required.
    agreement
•   are journalists or news agents employed by a news organisation                      The timeframe for obtaining a work visa approval has been estimated at
•   are directors, technicians or managers of foreign public or private,                between 30 and 45 business days. However, it is important to note that in
    commercial or industrial entities, posted to Colombia to perform specific           order to file a work visa application, assorted documents are needed and these
    jobs within their organisations                                                     take at least 20 business days to process. The timeframe for approval is counted
•   render their services to organisations domiciled in Colombia, without being         from the date that the petitions are submitted to the relevant governmental
    engaged by an organisation domiciled in Colombia                                    departments. This can only occur after all the other necessary documentation,
•   are expatriates hired and paid by an artistic, sports or cultural group             duly signed by the legal representative of the Colombian organisation in
•   are volunteers or missionaries, who are not part of the hierarchy of a              question, has been obtained.
    church, religious denomination, federation, confederation, or association
    of religious ministers.                                                             The visa takes a minimum of three working days to be approved but the
                                                                                        maximum term, depending on the nationality and the type of visa being
5.1.1 Procedures                                                                        applied for, is estimated at six business days.
In order to obtain a temporary work visa, a foreign national must have a
Colombian sponsor organisation. This organisation is required to sign,                  5.1.2 Documents
amongst other documents, a commitment note whereby it accepts to pay the                When applying for this kind of visa, in addition to the general requirements
expenses of repatriating the foreign national and his or her family to their            mentioned above in section 3, a foreign national will need to present the
country of origin in cases of deportation or any situation where such                   following documents:
expenses are necessary. Moreover, in accordance with Laws 842 of 2003, 51
of 1986, and 60 of 1981, it may also be necessary to include in the visa                •   a form entitled ‘Review of the contract’, duly signed by the legal
application a certificate proving the foreign national’s experience in or suitability       representative of the organisation established in Colombia and by the
for the position he or she will be holding. This is especially true if applying for         foreign national. It contains a description of the foreign national’s
a position in one of Colombia’s regulated professions. In such cases, a foreign             employment contract, with a provision whereby the organisation accepts
national will need to apply for either a temporary professional permit or a                 to pay the expenses of repatriating the foreign national and his or her
permanent professional ID card. In order to obtain such accreditation, a                    family back to his or her country of origin or of last residence. The
foreign national will be required to submit his or her educational or professional          signatures must be legalised before the Colombian Consulate or before a
qualifications to the bodies that regulate the professions or to the Ministry for           Public Notary in Colombia
Education.


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•   a certificate of good standing (incorporation certificate) and incumbency        validation resolution, a foreign national must attend the specific Professional
    of the organisation, issued within the previous three months                     Council in order to obtain a professional card. There are some professions that
•   a legalised copy of his or her professional diploma, or a certificate proving    require the validation of some subjects, or charitable activities in Colombia.
    his or her experience or suitability, or a professional card, or licence for
    engaging in his or her profession.                                               5.2.1 Procedures
                                                                                     COPNIA supervises all branches of engineering, except the ones that have a
5.2 Special preference categories                                                    special jurisdiction. This special Council grants temporary permits for foreign
Legislation relating to certain professions is regulated in Colombia. Foreign        nationals who wish to work while in Colombia. This special permit is granted
nationals must comply with the requirements relating to their professions.           for a period of two years and can be renewed once. If the permit expires and
Foreign nationals who are professionals in areas which are strictly regulated in     the foreign national wishes to work in Colombia, he or she must validate his
Colombia need to obtain certification from the Professional Councils that            or her professional diploma and apply for a permanent professional ID card.
regulate their professions. This certification regarding the position that will be
developed by the professional foreign national in Colombia, concludes                The ACIEM Professional Council has special jurisdiction to regulate specialised
whether a certain professional title is sufficient to demonstrate the foreign        engineering fields, including mechanical, electrical, nuclear, aerospace and
national’s professional capabilities, or if a temporary licence or a degree          metallurgical engineering. This Council grants temporary permits for one year
validation to perform the profession in Colombia is needed.                          that can be renewed once for one more year. If this permit expires and the
                                                                                     foreign national wishes to work in Colombia, he or she must validate his or her
Employment legislation relating to regulated professions falls under the             professional diploma and apply for a permanent professional ID card.
jurisdiction of each Professional Council. There are some Professional Councils
that grant temporary licences to foreign nationals to allow them to practise         5.2.2 Documents
their professions for a temporary period. Such licences are usually granted for
approximately one year and can be renewed for the same length of time                COPNIA
again. This is usually necessary for foreign nationals who do not wish to            Below is a list of the documentation that is required in order to obtain a
establish permanent residence in Colombia.                                           special temporary permit for working in Colombia. This is granted by COPNIA
                                                                                     when the role is in engineering but is different than the roles covered by the
One of the most regulated professions in Colombia is engineering, which has          ACIEM special permit. This special permit is granted for a period of two years
different entities that regulate it. The most important entities are: ‘COPNIA’       and it is possible to renew it once. The following documents must be submitted:
(Professional National Council of Engineering) (which supervises all the branches
of engineering, except the ones under a special jurisdiction) and the                •   an original diploma, duly apostilled
Professional Council of the ‘ACIEM’ (Association of Mechanical, Electrical,          •   an original and a copy of the foreign national’s employment contract
Nuclear, Metallurgical and Aerospace Engineers). The other branches of               •   an incorporation certificate of the organisation, issued within the three
engineering that have specialised Councils are: ocean engineering; chemical              months prior to the application
engineering; mining and petroleum engineering; agricultural, environmental           •   a copy of the biographical page of the foreign national’s passport
health and sanitary engineering; transportation engineering; fishing engineering;    •   a legalised copy of the foreign national’s professional diploma
geology, geography and topography; architecture and related fields;                  •   a letter from the organisation, requesting the special permit and arguing
electricians, system and electromechanical technicians and related professions;          the need for the foreign national in Colombia. The letter should state the
and industrial technicians.                                                              job title and provide a job description in as much detail as possible
                                                                                     •   an application duly signed by the relevant foreign national applying for the
When a foreign national is a professional in another area such as the economy,           visa
law, medicine or business administration, he or she needs to validate his or her     •   evidence of a bank deposit under the name of COPNIA, in order to pay for
professional degree before the Ministry for National Education. This procedure           the special permit.
takes on average six months to be completed and after obtaining the



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ACIEM                                                                              6. LAWFUL   STAY FOR DEPENDANTS
Below is the documentation required in order to obtain a special temporary
permit for performing any of the engineering roles described above:                6.1 General
                                                                                   Dependant Visas
•   an original diploma duly apostilled                                            Strictly speaking, dependant visas are not a separate category of visa but are
•   an original and a copy of the foreign national’s employment contract           instead a subcategory of business, temporary or resident visas. This is because
•   an incorporation certificate of the organisation, issued within the three      the rights they confer depend on the type of visa held by the main visa
    months prior to the application                                                holder. The spouse, permanent partner, parents or children who are financially
•   a copy of the biographical page of the foreign national’s passport             dependent on the holder of a business, temporary or resident visa and who are
•   the foreign national’s curriculum vitae                                        able to prove their kinship, are also able to receive a visa as a dependant. As
•   a letter from the organisation requesting a special permit and arguing the     mentioned above, such visas carry the same residency rights as those assigned
    need for the foreign national in Colombia. It should state the foreign         to the holder of the visa. The beneficiary is only able to study because no other
    national’s position and give a job description in as much detail as possible   type of work is authorised. If the beneficiary wishes to carry out any other type
•   an application form duly signed by the relevant foreign national applying      of work, and he or she ceases to be financially dependent on the original visa
    for the visa                                                                   holder or his or her position as spouse or permanent partner ceases, he or she
•   a legalised copy of the foreign national’s professional diploma                will need to request a new visa from the relevant authorities.
•   a letter from the organisation certifying that it does not violate the ratio
    of national versus foreign engineers (20%) as provided by the Colombian        6.2 Procedures
    51/1986 Rule                                                                   Dependant visas for the spouse, permanent companion, parents or children
•   a list of all the Colombian and foreign national engineers that are working    who are financially dependent on the foreign national to whom the temporary
    for the organisation (providing their names, job titles, nationalities,        employee visa is granted, may be issued under the same category as his or her
    identification numbers and professions)                                        visa. Proof of the relationship between the dependant and the foreign national
•   a commitment note whereby the foreign national informs the Colombian           must be provided.
    engineers about the activities that he or she is going to perform
•   evidence of a bank deposit under the name of ACIEM, in order to pay for        6.3 Documents
    the special permit.                                                            Besides the general requirements, dependants who apply for a dependant visa
                                                                                   must present the following documents:
Permit for geologists
The profession of geologist is regulated in Colombia. A foreign national who       •   the Civil Registry birth or marriage certificate or analogous document
intends to enter the country to perform his or her profession as a geologist is        evidencing the relationship or kinship, duly legalised before a Colombian
required to request a special permit. This special permit is granted for a             Consulate, or duly apostilled
maximum period of two years. The documents that must be submitted are:             •   a letter in which the visa holder confirms that he or she is responsible for
                                                                                       the expenses of his or her dependant(s) and declares his or her
•   the original diploma, duly apostilled                                              responsibility for the dependant and his or her exit from the country
•   an original of his or her academic certificate, duly apostilled                •   proof of financial resources
•   a copy of the biographical page of the passport                                •   a photocopy of the visa of the temporary employee visa holder.
•   a curriculum vitae
•   two photographs of 3cm x 4cm
•   a letter from the organisation requesting a special permit, arguing the
    need to have him or her in Colombia and naming his or her position and
    job description in Colombia, in as much detail as possible
•   an application form duly signed by him or her
•   evidence of a bank deposit at a bank account to prove payment for the
    special temporary permit.

    104                                                                                                                                                            105
1. INTRODUCTION                             109

2. SOURCES OF LAW                           110

3. VISITORS FOR BUSINESS PURPOSES           110

3.1 Visas                                   110
3.2 Permitted Activities                    110
3.3 Procedures                              110
3.4 Documents                               111

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   112

4.1 General                                 112
4.2 Procedures                              113
4.3 Documents

5. WORK PERMITS
                                            113

                                            115
                                                  Cyprus
5.1 General                                 115
    5.1.1 Procedures                        116
    5.1.2 Documents                         116

5.2 Special Preference Categories           117
    5.2.1 Procedures                        118
    5.2.2 Documents                         119

6. LAWFUL STAY FOR DEPENDANTS               122

6.1 General                                 122
6.2 Procedures                              122
6.3 Documents                               122
                                         Immigration - An International Handbook - CYPRUS




1. INTRODUCTION

As of May 2004, any European Union (‘EU’) national can enter the territory of
the Republic of Cyprus simply by showing a valid passport or identity card. The
freedom of movement and residence of an EU national in the Republic of
Cyprus can only be restricted on the grounds of reasonable threat to public
order, safety or health. There are, however, restrictive laws in place with
respect to issuing work or residence permits for foreign nationals. Employers
and employees circumventing these laws can be punished through fines
and/or imprisonment or deportation.

The Constitution of the Republic of Cyprus guarantees equal treatment of
foreign workers and EU or Cypriot personnel. It guarantees the protection of
human rights regardless of race, religion or ethnic origin. More specifically,
Article 28(2) of the Constitution provides that:

    ‘Every person shall enjoy all the rights and liberties provided for in this
    Constitution, without any direct or indirect discrimination against any
    person on the ground of his community, race, religion, language, sex,
    political or other convictions, national or social descent, birth, colour,
    wealth, social class or any other ground whatsoever’.

As a general rule, foreign nationals, other than EU nationals, require a visa to
enter and/or stay in the Republic of Cyprus.

Visa application forms, as well as the list of nationalities that need a visa to
enter the Republic of Cyprus, are available at the Ministry for Foreign Affairs’
website at http://www.mof.gov.cy

Depending on the reason and intended duration of the stay, five different
types of visa are available:

•   Visa   1:       short-stay and travel visas, including multiple-entry visas
•   Visa   2:       airport transit visas (‘ATV’)
•   Visa   3:       transit visas for a maximum period of five days
•   Visa   4:       group visas
•   Visa   5:       long-stay visas for visits exceeding three months, which
                    apply to the following categories: employment, study, and
                    business.




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2. SOURCES    OF LAW                                                                   •   an application fee is payable at the time of submission, along with a fee
                                                                                           for each family member
The sources of law are the Constitution of the Republic of Cyprus, the Aliens          •   all relevant documents must be attached
& Immigration Law, Cap. 105, as amended, the Aliens and Immigration                    •   visas are issued by all of the embassies and consulates of the Republic of
Regulations of 1972, as amended, the Law on Free Movement and Residence                    Cyprus.
of Nationals of the Member States of the European Union and their Families
(Law No 92(I) of 2003) and Posting of Workers within the Framework of
Provision of Services Law (Law No 137(I)/2002).                                        3.4 Documents
                                                                                       The required documents are:

3. VISITORS   FOR BUSINESS PURPOSES                                                    •   one completed application form signed by the foreign national (or the legal
                                                                                           guardian in the case of minors), with two passport-sized photographs
3.1 Visas                                                                              •   a full national passport is required, valid for at least three months longer
A short stay and travel visa (visa 1) can be issued for travel to the Republic of          than the validity of the visa being applied for
Cyprus for reasons other than immigration, if the visit does not exceed three          •   provisional travel bookings or an itinerary of travel arrangements (e.g. a
months in any half year. A travel visa gives the right to make one continuous              round trip ticket with fixed dates)
visit or several separate visits to the Republic of Cyprus. The total duration of      •   a prior hotel reservation
all visits should not exceed three months in any six-month period, from the            •   in the case of a business trip, an official letter of invitation from a Republic
date of the first entry. In general, the short-stay visa is issued for either one or       of Cyprus company
several separate visits. For several separate visits to the Republic of Cyprus (for    •   solid evidence that there are sufficient funds to cover the cost of the
business trips etc.), it is possible to obtain a multiple-entry visa. The total            intended stay, e.g. a bank statement or travelers' cheques (credit cards can
duration of all the separate visits should not exceed three months in any                  be accepted only in addition to bank statements and only with a recent
six-month period, from the date of first entry. The multiple-entry visa is valid           statement confirming the credit limit. Cash is not an acceptable form of
for one year. In exceptional cases, it might be valid for more than one year, but          proof)
no more than five years for certain categories of persons. For employment or           •   a recent (less than one month old) official letter from the employer, with
business related visits exceeding three months, a long-stay visa may be issued.            proof of earnings. If the foreign national is self-employed, a letter from his
                                                                                           or her solicitor, accountant or bank manager. If the foreign national is a
Third country nationals generally need a visa, but there are exemptions for a              student, a letter from his or her school or University confirming status
number of states.                                                                          and/or attendance and the duration of the course
                                                                                       •   a copy of a bank guarantee letter from the host organisation throughout
3.2 Permitted Activities                                                                   the foreign national’s stay, if the Consulate asks for this, so as to cover the
Only the activities for which the visa was issued are permitted, as indicated on           possible cost of repatriation. Bank guarantee letters are issued for between
the visa.                                                                                  EUR 341 and 854 depending on the country of origin of the visitor.
                                                                                           Further details and up-to-date lists, together with application forms, can be
3.3 Procedures                                                                             found on the official website of the Ministry of Foreign Affairs of the
The following procedures must be adhered to:                                               Republic of Cyprus at http://www.mfa.gov.cy

•   an application must be submitted in person. Alternatively, for those who
    reside more than 300 kms from the Consulate, applications may be
    submitted by recorded delivery, enclosing a stamped addressed envelope,
    for return of the documents




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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                          4.2 Procedures

4.1 General                                                                         Foreign students
                                                                                    Applications should be submitted to the Civil Registry and Migration
Foreign Students                                                                    Department by the educational institutions that the foreign student will
The Civil Archive and Migration Department of the Ministry of Interior is the       attend. Foreign students should also register with the District Police Alien
authority in the Republic of Cyprus that issues entry permits and residence         Branch within seven days of the day of arrival in the Republic of Cyprus and
permits to foreign students.                                                        have a medical examination on the first working day after their arrival. They
                                                                                    should submit the medical certificate to the District Police Alien Branch within
Student permits are only granted permits for attending Private Tertiary             one week of the date of arrival and apply for an extension of their permit on
Education Schools (‘PTES’), registered in the relevant Register of the Ministry     application Form M61.
of Education and Culture. Pupil permits (primary and secondary education) are
granted for attending registered institutions of primary and secondary education.   Intra-corporates transferees
                                                                                    Companies that are subject to the legislation on the posting of workers are
The entry, residence or practical training of foreign students comes under the      obliged to notify and apply to the Ministry of Labour and Social Insurance,
jurisdiction of the Civil Registry and Migration Department and every student       before the posting.
should possess a residence permit from this Department. Holders of student
permits are not allowed to work, but in accordance with a recent amendment          Volunteers
to the law, foreign students in Cyprus may now work in certain paid activities      An entry permit is issued upon submission of an application to the Civil
as long as a work permit is issued.                                                 Registry and Migration Department, accompanied by all the necessary
                                                                                    certificates, supporting documents and fees. Volunteers should also register
Exchange students                                                                   with the District Police Alien Branch within ten days of their day of arrival in
Third country nationals, who participate in a student mobility programme may        Cyprus and submit an application form (MVS1) accompanied with all
apply to study for a certain period in the Republic of Cyprus. The exchange         necessary documents for the granting of a residence permit.
student’s application must be accompanied by either a Certificate of
Participation in a European exchange student programme or other exchange            4.3 Documents
student programme, or a certificate that shows that the exchange student has
been accepted as a student in another EU Member State for at least two years.       Foreign Students
In the case of a minor prior written parental consent is required.
                                                                                    •   one completed application form with 2 passport-sized photographs
Intra-corporate transferees                                                         •   the application submission fee
In the case of intra-corporate transferees into the Republic of Cyprus, where       •   a bank guarantee letter from a bank in the country of residence
employees are employed by Cyprus offices of a multi-national organisation           •   medical insurance
with other offices in another Member State of the EU, the Posting of Workers        •   a receipt for the fees of the educational institution.
within the Framework of Provision of Services Law 137(I)/2002 will be applied,
for which the competent Authority is the Minister of Labour and Social              Note that applications for non-remunerated trainees (who are third country
Insurance.                                                                          nationals) should be submitted to the Civil Registry and Migration Department,
                                                                                    accompanied by all the necessary certificates and supporting documents.
Volunteers
Third country nationals can apply to participate in a voluntary service
programme and applications from all Districts for non-remunerated trainees
(third country nationals) should be submitted to the Civil Registry and
Migration Department.


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Exchange students                                                                    •   medical insurance covering inpatient and outpatient hospital treatment
                                                                                     •   a clean Criminal Record Certificate duly certified, translated in English
•   the M58 Application Form for an entry permit                                         and in Greek
•   application submission fee                                                       •   a medical certificate to the effect that the applicant is not a carrier of
•   a clean Criminal Record Certificate                                                  Hepatitis B
•   one photograph                                                                   •   the application fees
•   a letter from the educational institution, stating that the student has          •   a copy of the agreement made between the relevant organisation in
    been accepted                                                                        Cyprus and the volunteer, stating his or her duties, working hours,
•   a letter stating that the student participates in a recognised exchange              amount payable for accommodation and upkeep expenses and a short
    student programme                                                                    description of his or her training.
•   a bank guarantee letter
•   medical insurance that covers inpatient and outpatient hospital
    treatment (for those staying for more than three months), which                  5. WORK PERMITS
    should be submitted with application form M61 in order to be
    granted a temporary residence permit                                             5.1 General
•   a letter from the educational institution, stating that it will cover all        The granting of work permits for foreign nationals is governed by the Aliens
    accommodation and upkeep expenses and certifying that the                        and Immigration Legislation, as well as by the various Decisions of the Council
    organisation will cover the cost of the third country national’s full            of Ministers and the Ministerial Committee, which occasionally deals with
    medical insurance, where the stay does not exceed three months.                  foreign nationals. Similarly, the employment of European citizens is regulated
                                                                                     by Law No 92(I) of 2003 ‘Law on Free Movement and Residence of Nationals
Intra-corporate transferees                                                          of the Member States of the European Union and their Families’.
As mentioned above, the competent Authority is the Minister of Labour and
Social Insurance. Companies subject to the legislation on the posting of             Applications for work permits and residence permits are intertwined. A work
workers are obliged to notify and apply to the Ministry of Labour and Social         permit is required for EU citizens to work in the Republic of Cyprus for over
Insurance, before the posting. The following information must be submitted:          three months. However, the process is procedural and the EU citizen can
name, address and legal entity of the company; the legal representative of the       commence and/or continue working while the application is being processed.
undertaking and representative in Cyprus (if such a representative exists); place
of work of the posted workers; date of commencement of the provision of              For non-EU citizens, a valid work permit is prerequisite to commencing work
services; duration of the posting; the nature of the activity and personal details   in the Republic of Cyprus. Working in the Republic of Cyprus without a valid
about the posted workers. If details change, the company must submit revised         work permit is a serious criminal offence and can result in a fine and/or
information within 15 days.                                                          imprisonment for both the employer and the employee.

Volunteers                                                                           There are a number of restrictions on obtaining work permits. Generally, the
The required information is:                                                         criteria for the approval of a work permit consist of the following:

•   application form (MVS1)                                                          •   the unavailability of suitably qualified local, EU personnel who satisfy
•   a letter from the volunteer service stating that it will cover all                   the specific needs of the employers
    accommodation and upkeep expenses and certifying that the volunteer              •   saving and better utilisation of the local, EU labour force
    service will cover the full cost of the third country national’s medical         •   the improvement of working conditions in the workplace
    insurance, if the stay does not exceed three months                              •   the terms and conditions of employment for foreign nationals should
•   a copy of the passport duly certified, which must be valid for at least              be the same as those of Cypriots and other EU citizens.
    two years or the duration of the requested period of stay



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If work permits are recommended for the employment of foreign nationals               Further details and up-to-date lists can be found on the official website of the
with special skills and knowledge which Cypriots or other EU citizens do not          Republic of Cyprus Government at http://www.cyprus.gov.cy
possess, the employer is obliged to name a Cypriot or EU national who will be
trained during the period of the foreign national’s employment.                       5.2 Special preference categories

Most work permits are granted through the temporary residence permits                 Domestic Assistants
(‘TRE’) system, whereby an application is made to obtain a TRE on the basis of        According to the criteria defined by the Council of Ministers, the employment
one of the categories referred to in Regulation 5 of the Aliens and Immigration       of foreign domestic assistants may be allowed in the following cases:
Regulations of 1972. Depending on the category of TRE, the permit can enable
the foreign national to reside and work in the Republic of Cyprus. The TRE            •    families in which both the husband and wife work, where they pay
system covers self-employed workers, permanently employed persons, retired                 contributions to the Social Securities Fund, and have children under the
persons etc., for up to five years, and is renewable.                                      age of 12
                                                                                      •    where the family has a declared annual income of more than EUR 50,000
Further information can be found at the Republic of Cyprus’ official website at       •    where foreign women are to take care of aged persons, disabled persons,
www.cyprus.gov.cy                                                                          persons with special needs or persons suffering from a serious illness as a
                                                                                           result of which they are incapable of taking care of themselves.
5.1.1 Procedures
Applications for work permits are completed by the employer. Applications for         Foreign artists/musicians/artistic ensembles
the issue of entry and work permits in General Categories of Employment are           The Civil Registry and Migration Department grants entry, temporary residence
submitted to the Civil Registry and Migration Department by the intended              and work permits to foreign artists to be employed in musical and/or dancing
employer, or through the respective District Aliens and Immigration Branch of         venues that provide entertainment.
the Police, on the condition that the foreign national is abroad. Foreign nationals
from EU Member States have the right to enter the Republic of Cyprus simply           Moreover, this Department grants entry, temporary residence and work
by showing a valid EU passport or ID Card, without having to register upon            permits to individuals, organisations, hotels etc., for artists to work in hotels,
arrival. If there is an intention to stay for more than three months and/or take      theatres, circuses and other cultural events, for a few days only.
up employment, the EU national must apply for a residence permit, in
accordance with the above procedure. All non-EU residents require a residence         Non EU employees of companies with foreign interests
permit.                                                                               All foreign interest companies wishing to employ third country nationals in the
                                                                                      Republic of Cyprus in executive positions must:
5.1.2 Documents
To apply for a work permit, the foreign national will need:                           •    have a majority shareholding of foreign investors, unless they are:
                                                                                           - public companies registered on any recognised stock market abroad
•   an application duly filled in and signed by the employer                               - former offshore companies which operated before their change of
•   a photocopy of the foreign national’s passport                                            their status and whose records are kept by the Central Bank.
•   a clean criminal record certificate                                               OR
•   medical certificates                                                                   if foreign investors own less than 50 % of the share capital, they must
•   signed contract of employment, stamped by the Department of Labour                     invest more than EUR 200,000 in Cyprus
    and stamped with a revenue stamp from the Revenue Stamps Registrar                •    operate from a self-contained office, which is sufficiently equipped,
•   a bank guarantee letter for between EUR 341 and 854, depending on the                  located in suitable distinct premises and does not form part of a private
    foreign national’s country of origin, to cover possible repatriation expens            residence or another office
    es, valid for six months after the expiration of the employment contract          •    hold/obtain all certificates and supporting documents required for the
•   the application submission fee.                                                        company’s annual financial statements



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                                                                                  applications should be accompanied by a work contract.
Eligible new companies are those which have legally imported in the Republic      Foreign artists/musicians/artistic ensembles
of Cyprus at least EUR 200,000.                                                   Artistic agents will submit applications to the Civil Registry and Migration
                                                                                  Department through the District Aliens and Immigration Branches of the
Companies should not commit themselves to employing third country nationals       Police. The agents are also responsible for the undisturbed residence of foreign
for any of the following positions before securing a temporary residence and      artists in Cyprus.
employment permit from the Civil Registry and Migration Department, as
follows:                                                                          Non EU employees of companies with foreign interests
                                                                                  In terms of executive directors, middle managers, executive staff and other
Executive Directors                                                               key personnel, the application for the first temporary residence permit is made
The term ‘Executive Director’ includes third country nationals registered as:     to the Civil Registry and Migration Department. The application should be
                                                                                  accompanied by all the necessary certificates and supporting documents and
•   Consulting Directors or Partners (in the Registrar of Companies)              fees.
•   General Managers of branches and subsidiary foreign companies
•   Departmental Managers of an eligible company operating in Cyprus for at       The Immigration Department is the authority responsible for the first issue and
    least two years.                                                              subsequent renewals of the temporary residence and employment permits
                                                                                  granted to all third country nationals employed by companies of foreign
The maximum number of such executives is five, unless the Civil Registry and      interests in Cyprus. The Director of the Civil Registry and Migration
Migration Department is convinced of the need to employ a larger number.          Department acts in consultation with the Registrar of Companies and the
The minimum acceptable total annual salary (annual salary plus any                Official Receiver; the Labour Department of the Ministry of Labour and Social
additional allowances and benefits) for a newly appointed Executive Director is   Insurance; and the police. These authorities submit relevant recommendations
adjusted from time to time according to fluctuations in the salary index.         to the Director, who will then make decisions on applications and reply directly
                                                                                  to the foreign nationals.
Middle-management Staff, Executive Staff and any other Key Personnel
This category covers managers, non-senior directors, as well as other senior or   An application by a non-executive member of staff who is a third country
mid-management staff and other administrative, secretarial or technical staff.    national is made to the District Aliens & Immigration Police Branch. The
The maximum number of such executives is ten, however a larger number can         application must be accompanied by a contract of employment, stating the
be approved by the Migration Department if justied by the annual turnover of      annual salary and service duration. It must be stamped by the District Labour
the company, the ratio of foreigners to Cypriots and the number of years of       Office.
operation of the company.
                                                                                  Please visit the official website of the Department of Labour of the Republic of
Support Staff                                                                     Cyprus at http://www.mlsi.gov.cy for more details.
This covers all third country nationals employed in other professional,
administrative, technical or office posts in Cyprus which do not belong to the    5.2.2 Documents
above mentioned categories.
                                                                                  Domestic Assistants
5.2.1 Procedures                                                                  The required documents are:

Domestic Assistants                                                               •   an application on form M58
Applications for the issue of entry and work permits in general categories of     •   a photocopy of the foreign national’s passport
employment are submitted to the Civil Registry and Migration Department by        •   a work contract stamped with a revenue stamp from the Revenue
the intended employer, through the respective District Aliens and Immigration         Stamps Registrar
Branch of the police, on condition that the foreign nationals are abroad. The


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•   a Bank Guarantee letter for between EUR 341 and 854, depending on               •   if it is a new Eligible Company, a lease agreement for its office in Cyprus (if
    the foreign national’s country of origin, to cover possible repatriation            unavailable, it should be presented to the Civil Registry and Migration
    expenses, valid for six months after the expiry of the work contract                Department within two months).
•   birth certificates of the children of the foreign national, where applicable
•   a certificate from the Social Securities Department stating that both           Existing companies must file their audited accounts for the preceding year, as
    parents (foreign nationals) work and make contributions, where applicable       well as a Certificate of payment of Company Taxes from the Income Tax
•   a certificate from the Inland Revenue Department that the annual income         Department.
    of the foreign national’s family exceeds EUR 50,000, where applicable
•   medical certificates and other documents regarding persons incapable of         In respect of the executive staff:
    taking care of themselves, where applicable
•   documents regarding pensioners, such as particulars of the pension and          •   contract of employment duly stamped stating a salary of between EUR
    date of birth of the pensioner, where applicable.                                   25,000 and 49,999 or over EUR 50,000, as appropriate
                                                                                    •   application M61 for a work visa
Foreign artists/musicians/artistic ensembles                                        •   one photograph
The following documents are required:                                               •   application fees
                                                                                    •   photocopy of passport pages of the applicant showing personal
•   an application on form M58A                                                         information and expiry date.
•   a photocopy of the foreign national’s passport                                  •   photocopy of the Alien Registration Certificate
•   four passport photos                                                            •   bank guarantee
•   a Bank Guarantee letter for EUR 341, 515 or 854, depending on the               •   criminal record check certificate
    foreign national’s country of origin, to cover possible repatriation expenses   •   health insurance certificate for the applicant and his family, valid for at
•   an employment contract stamped by the Duty Stamps Registrar                         least a year
•   photocopy of the entry permit                                                   •   certificate of medical tests (aids, syphilis and hepatitis B) and a chest x-ray
•   a return ticket                                                                     for tuberculosis from a doctor in Cyprus.
•   a certificate from the Commissioner of Inland Revenue that the artist's
    income tax has been paid                                                        In respect of support staff, the company the requirements are the same as for
•   the fees for submission of the application.                                     executive directives, except that a list of the company’s personnel must also be
                                                                                    provided. In addition, the following documents are required from support
Non EU employees of companies with foreign interests                                staff:
In respect executive directors, middle managers, executive staff and any other
key personnel, the company must provide the following documentation:                •   contract of employment duly stamped and approved by the Labour Office
                                                                                    •   applications M61 and M64
•   the certificate of registration                                                 •   copy of the passport
•   the Memorandum and Articles of Association by the Registrar of                  •   copy of the Alien registration Certificate
    Companies and the Official Receiver                                             •   criminal record check certificate
•   the Certificate of Directors and shareholders’ companies                        •   letter of guarantee by the employer. If accompanied by family members,
•   the Certificate of Registered Office                                                the letter of guarantee is provided by the applicant
•   a profile describing the nature of the company’s business and details of its    •   medical certificate as above
    office operations and staff requirements in Cyprus                              •   fee for submission of the application.
•   a list of the company’s personnel
•   a list showing the names of the Directors and shareholders with their pass
    port numbers, nationalities and addresses abroad



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6. LAWFUL     STAY FOR DEPENDANTS                                                    •   family members that are not dependants must show proof of a serious
                                                                                         medical condition which leaves them completely dependent
6.1 General                                                                          •   two passport-sized photos.
The family members of a foreign national must make an application for
residency. Family members include the spouse, children aged under 21, any
other dependants (including the spouse's dependants), and any direct family
members. Any family members who do not make the application for residency
will be fined.

6.2 Procedures

EU family members
Where an EU citizen's family also carry EU passports, the completed application
form MEU1 (for EU citizens) must be submitted. An application fee is payable
at the time of submission, along with a fee for each family member.

Non-EU spouse and children
A residence card is issued to the non-EU family members of EU citizens
moving to Cyprus. The application must be made within four months of the
date of entry. Family members of EU citizens who are not EU citizens
themselves should submit a completed application form MEU2. An application
fee is payable at the time of submission.

6.3 Documents
EU family members must submit the following:

•   a valid passport or identity card, with several copies
•   proof of the family relationship (certified copies of the marriage certificate
    and the children's birth certificates)
•   family members that are not dependants must show proof of a serious
    medical condition which leaves them completely dependent
•   if it has been issued, the Registration Certificate of the EU citizen family
    member already residing in Cyprus
•   two passport-sized photos.

Non-EU spouses and children must submit the following:

•   a valid passport with visa, if applicable (with copies)
•   a document stating the family relationship
•   proof of the family relationship (the marriage and children's birth
    certificates)
•   proof of the family member's consistent relationship with the EU citizen



    122                                                                                                                                                           123
1. INTRODUCTION                             127

2. SOURCES OF LAW                           127

3. VISITORS FOR BUSINESS PURPOSES           127

3.1 Visas                                   127
3.2 Permitted Activities                    128
3.3 Procedures                              128
3.4 Documents                               129

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   129

4.1 General                                 129
4.2 Procedures                              130
4.3 Documents

5. WORK PERMITS
                                            130

                                            130
                                                  Denmark
5.1 General                                 130
    5.1.1 Procedures                        131
    5.1.2 Documents                         132

5.2 Special Preference Categories           132
    5.2.1 Procedures                        134
    5.2.2 Documents                         134

6. LAWFUL STAY FOR DEPENDANTS               135

6.1 General                                 135
6.2 Procedures                              136
6.3 Documents                               136
                                       Immigration - An International Handbook - DENMARK




1. INTRODUCTION

In recent years, the Danish workforce has become increasingly specialised with
regard to know-how, IT and technology, and in the pharmaceutical and
medical sectors, whereas manufacturing businesses seem to be decreasing in
both number and volume.

For a number of years, and as a result of the developments described above,
Denmark has experienced a shortage of skilled manpower in some
occupational areas. Thus, the trend has been towards widening both the
criteria for issuing and the eligibility for obtaining, residence and work permits
for third country nationals. In this context, third country nationals are defined
as nationals from outside the EU, EEA or Switzerland.

By way of example, the scope of the ‘Job Card Programme’, which provides a
fast-track route to a residence and work permit, was expanded in 2008 to
include more shortage areas, as well as individuals earning at least DKK
375,000 (EUR 50,000) per year, regardless of the occupational area.

As described in more detail below, in 2008, the ‘Green Card Programme’ was
extended and a ‘Corporate Programme’ was introduced, under which a
special group residence permit is available for certain groups of companies.

It was also made easier for foreign nationals who are subject to the
requirement of a work and residence permit to change jobs and stay in
Denmark for a period of up to six months in order to seek other employment.


2. SOURCES    OF LAW


Immigration and foreign nationals' entitlement to reside and work in Denmark
are regulated by the Danish Aliens Act and subordinate legislation.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Foreign nationals (other than EU, EEA and Swiss nationals) wishing to visit
Denmark for a short period of time must obtain a visa before entering, if
coming from a so-called visa country.

A list of the (approximately) 130 visa countries is available at:
http://www.nyidanmark.dk/en-us/coming_to_dk/visa/who_needs_visa.htm


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However, holders of diplomatic or service passports are exempt from the visa         Business visa applications will normally be processed within four to six weeks,
requirement.                                                                         provided that all of the required information is submitted along with the
                                                                                     application.
In some circumstances, if a visa has already been obtained in another
Schengen country, i.e. a Schengen visa, no additional visa to Denmark will be        The visa is granted before the foreign national enters into Denmark.
required. The following countries are members of the Schengen agreement:
Germany, France, Belgium, the Netherlands, Luxembourg, Italy, Spain,                 3.4 Documents
Portugal, Austria, Greece, Finland, Sweden, Estonia, Latvia, Lithuania, Poland,      In addition to the application form, the application for a business visa must
Slovenia, Slovakia, the Czech Republic, Hungary, and Malta.                          include:

Further, certain exemptions apply in relation to processing a visa application, if   •   a valid passport or other travel identification
the foreign national's country of residence has a special agreement with the         •   two passport photos showing the foreign national’s full face (35mm x
Danish Minister for Refugees, Immigration and Integration Affairs.                       45mm, size of head 30-36mm from bottom of chin to top of head)
                                                                                     •   an invitation from the foreign national’s referee in Denmark, naming the
3.2 Permitted Activities                                                                 persons and/or businesses that the foreign national will visit, the purpose
A visa does not automatically entitle the foreign national to work in Denmark,           of the visit and a description of the relationship between the foreign
as this requires a work permit (please see below).                                       national and the referee.

A business visa issued for the purpose of business visits to Denmark generally       Self-employed foreign nationals must provide the following additional
allows the holder to stay – but not to work - in Denmark (and normally the           documentation:
entire Schengen area) for 90 days during a six month period.
                                                                                     •   documentary evidence of the foreign national’s line of business in his or her
Nationals of non-visa countries are automatically allowed to stay in Denmark             home country
or other Schengen countries for 90 days during a six month period.                   •   documentary evidence of the foreign national’s background, e.g. proof of
                                                                                         education, past experience in the relevant industry and financial standing.
In some cases, third country nationals who would normally need a residence
and work permit may be allowed to work in Denmark for a period of up to              Once the application has been submitted, the Danish Immigration Service will
three months without a work permit if their job falls within certain categories.     contact the Danish referee in order to verify the purpose of the foreign nation-
This includes scientists and teachers who are invited to teach or perform            al’s visit to Denmark.
similar activities; representatives travelling on business in Denmark for foreign
undertakings without a business address in Denmark; and certain machine              With effect from 1 July 2009, Danish businesses may apply for a licence to
fitters, consultants and instructors. If the foreign nationals are from a visa       sponsor visa nationals coming to Denmark for business purposes. This new
country, they may, however, still need to apply for a visa before entering           measure has speeded up the application process
Denmark (see above).

3.3 Procedures                                                                       4. WORKERS    WHO MAY NOT NEED WORK PERMIT
The application form must be completed and submitted by the foreign national
(the employee).                                                                      4.1 General
                                                                                     Nationals of the Nordic countries (Finland, Iceland, Norway and Sweden) are
The application must be submitted to the Danish Embassy or Consulate in the          free to stay in Denmark for an indefinite period, and such nationals will not
foreign national’s country of residence.                                             need a work or residence permit or an EU or EEA registration certificate,
                                                                                     regardless of the length of their stay.



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Other EU, EEA and Swiss nationals are free to stay in Denmark for up to three       Non-specialised work means work that could just as well be carried out by
months (up to six months, if they are seeking employment). If an EU, EEA or         Danish nationals or by foreign nationals already in Denmark or the EU. Thus,
Swiss national intends to stay longer than three months (or six months, if          a work permit will be granted only if Danish or foreign manpower is un
seeking employment), he or she will need to apply for an EU or EEA                  available in Denmark or the rest of the EU to carry out the work in question
registration certificate. No work permit is required for those foreign nationals.   and only if the third country national has received a specific job offer and the
                                                                                    terms and conditions of the job meet normal Danish standards.
4.2 Procedures
Generally, the application for a residence and work permit must be submitted        Specialised work, on the other hand, is work that is closely associated with a
and granted before entering Denmark. However, EU, EEA and Swiss nationals           particular person and can therefore only be carried out by that person.
may apply for an EU or EEA registration certificate after entering Denmark, if      Scientists and circus performers are good examples of people performing
they wish to stay in Denmark for more than three months (six months, if             specialised work. The sole deciding factor here is whether there are special
seeking employment). Such a certificate must be applied for at one of the           reasons for employing that particular third country national to carry out the
Regional State Administrations.                                                     work. The third country national must still have a job offer in place, and the
                                                                                    terms and conditions of the job must still meet normal Danish standards.
The processing time for an application for an EU or EEA registration certificate
submitted to one of the Regional State Administrations will normally be one         Once granted, the work permit will only be valid for the job specified in the
to two weeks.                                                                       permit application, irrespective of the degree of specialisation required for the
                                                                                    job.
4.3 Documents
In addition to the completed application form, the application for an EU or EEA     As a general rule, residence and work permits issued to third country
Registration Certificate must generally include:                                    nationals will be valid for an initial period of up to one year and can be
                                                                                    renewed for up to three years at a time. As an exception to this rule,
•   a valid passport or other travel identification                                 however, scientists, teachers, salaried staff in managerial positions, specialists
•   one passport photo showing full face (35mm x 45mm, size of head 30-             and embassy staff can be issued with a permit valid for an initial period of
    36mm from bottom of chin to top of head)                                        three years and renewable for further periods of up to four years each. In all
•   a copy of the employment contract (if the purpose of the stay in Denmark        cases, the duration of the permit cannot exceed an agreed period of
    is not for seeking a job and the stay is for six months).                       employment.

                                                                                    5.1.1 Procedures
5. WORK PERMITS                                                                     The application form must be completed jointly by the employer and the
                                                                                    foreign national. First, the employer completes its part of the form, and then
5.1 General                                                                         the foreign national completes his or her part and submits the application form
Third country nationals will normally need a residence permit if they intend to     along with the necessary documentation to the relevant authorities (see
stay in Denmark for longer than three months. Regardless of the length of           below). The application form may also be submitted by a lawyer or other
their stay, they will also need to apply for a work permit if they wish to obtain   specialist on behalf of the employer.
employment in Denmark. If from a visa country, a third country national might
also be obliged to seek a visa before entering into Denmark.                        Obviously, if applying as a self-employed person, the foreign national himself
                                                                                    or herself will forward the application.
Third country nationals are eligible for a residence and work permit, if there
are essential employment or business reasons for issuing such a permit. In          The application must be submitted at the Danish Embassy or Consulate in the
deciding whether such reasons exist, a distinction is made between specialised      foreign national’s country of origin. If, however, the foreign national has per-
and non-specialised work.                                                           manently resided in another country for the past three months, he or she may
                                                                                    apply to the Danish Embassy or Consulate in that country.


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The application for a residence and work permit must be submitted and                 Corporate Programme
granted before entering Denmark.                                                      In addition, the ‘Corporate Programme’ was introduced with effect from 1 July
                                                                                      2008. Under the ‘Corporate Programme’, foreign nationals employed in a
5.1.2 Documents                                                                       foreign affiliate of an international group of organisations can alternate
In addition to the completed application form, the application for a residence        between working in the Danish entity and abroad without
and work permit must generally include:                                               applying for a Danish residence and work permit for each period to be spent
                                                                                      in Denmark.
•   a valid passport or other travel identification
•   two passport photos showing full face (35mm x 45mm, size of head                  To obtain a permit under the ‘Corporate Programme’, foreign nationals must
    30-36mm from bottom of chin to top of head)                                       keep their ties to the foreign entity of the group. Secondly, the work to be
•   a copy of the employment contract and job description                             carried out in Denmark must be of an innovative, project-related or
•   documentary evidence of the foreign national’s educational background             training-related nature. Thirdly, the terms of employment and pay of the
                                                                                      foreign national while working in Denmark must meet normal Danish
5.2 Special preference categories                                                     standards. A permit under the ‘Corporate Programme’ will mean that the
Please note that the conditions for obtaining a residence permit are linked to        employee to be received by a Danish entity under the programme will not have
the reason for the foreign national’s stay in Denmark. A number of special            to wait for a work permit.
schemes have thus been implemented, in order to ease the possibility of gain-
ing access to Denmark for work purposes:                                              A permit under the ‘Corporate Programme’ will be valid for an initial period of
                                                                                      up to three years and can be renewed. With this permit, the holder can stay
Job Card Programme                                                                    abroad for periods of time without having to re-apply for a work permit when
The ‘Job Card Programme’, which has been extended significantly in recent             returning to Denmark to work. If the Danish entity ceases to be affiliated with
years, provides a simplified application process, if the application is for work in   the foreign entity, the permit will no longer be valid.
an area considered to be underemployed (also referred to as a ‘shortage area’)
or if the employee’s gross annual salary is at least DKK 375,000 (EUR 50,000),        Green Card Programme
regardless of the occupational area. The shortage areas are set out in the            Finally, the ‘Green Card Programme’, which allows third country nationals into
‘Positive List’, which comprises more than 100 different job titles. The list is      Denmark for job seeking, has been extended to permit foreign nationals under
updated frequently to reflect current shortage areas. Please check                    this programme to work in Denmark without any requirements being made for
www.nyidanmark.dk for further information about the various shortage areas.           the job in question. Eligibility for a work permit under this programme will be
                                                                                      determined by a points-based system in which points are earned for work
As with the normal application procedure, third country nationals applying for        experience, level of education, language skills, age and various other factors.
a residence and work permit under the ‘Job Card Programme’ must have a job            The total number of points must amount to at least 100 in order to qualify
offer in place, and the terms and conditions of the job must meet normal              under the ‘Green Card Programme’. A permit under the ‘Green Card
Danish standards.                                                                     Programme’ is granted for a period of up to three years and can be renewed.

Permits under the ‘Job Card Programme’ can be valid for an initial period             Self employed persons
of up to three years and can be renewed. As a general rule, the permit will           Generally, in regards to self-employed persons or foreign nationals who wish
be valid only as long as the foreign national holds a job. If it is fixed-term        to establish and operate an independent organisation in Denmark, it is
employment, the job card will be valid for the same term, although the                possible to obtain a work and residence permit in Denmark if certain
holder can be permitted to stay in Denmark for an additional six months (for          conditions are met. According to Danish administrative practice, it is a
job seeking purposes).                                                                requirement that there are particular Danish business interests related to
                                                                                      establishing the business in Denmark. Furthermore, the foreign national must
                                                                                      document that sufficient funds have been procured to run the business. Finally,



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the foreign national’s presence must be of vital importance for establishing, as   •   a valid passport or other travel identification
well as running, the daily business in Denmark. Normally, a self-employed          •   two passport photos showing full face (35mm x 45mm, size of head
person will be granted a residence and work permit for one year, with the              30-36mm from bottom of chin to top of head)
possibility of extension.                                                          •   a copy of the employment contract and job description

5.2.1 Procedures                                                                   • documentary evidence of the foreign national’s educational background.
The application form must be completed jointly by the employer and the             All relevant documentation must be submitted together with a certified Danish
foreign national. First, the employer completes its part of the form, and then     or English translation.
the foreign national completes his or her part and submits the application form
along with the necessary documentation to the relevant authorities (see            When applying for a residence and work permit as a self-employed person or
below). The application form can also be submitted by a lawyer or other            for operating an independent organisation in Denmark, the application must,
specialist on behalf of the employer.                                              in addition to the completed application form, generally include:

Obviously, if applying as a self-employed person or under the ‘Green Card          •   a valid passport or other travel identification
Programme’ in which no employer is required, the foreign national must             •   two passport photos showing full face (35mm x 45mm, size of head
himself or herself forward the application.                                            30-36mm from bottom of chin to top of head)
                                                                                   •   documentation for CVR registration (registration in the central company
The application must be submitted at the Danish Embassy or Consulate in the            register of the Danish Commerce and Company Agency in order to obtain
foreign national’s country of origin. If, however, the foreign national has            a company identification number)
permanently resided in another country for the past three months, then he or       •   an annual report or budget
she may apply to the Danish Embassy or Consulate in that country.                  •   documentation for the equity interest or company equity
                                                                                   •   a business plan, which includes the type of business, innovative aspects of
The application for a residence and work permit must be submitted and                  the organisation or prospects for growth, including the expected number
granted before entering Denmark.                                                       of workplaces
                                                                                   •   documentation of any partnerships with, or other form of support from,
A residence and work permit for third country nationals will normally be               Danish organisations
processed within three months. However, in some circumstances considerably         •   documentation relating to any contracts or other agreements entered into
longer processing periods must be expected, i.e. if the Danish Immigration         •   documentation relating to relevant training or education, previous
Service has not received all of the required documents or if some of the               experience as a self-employed person and/or work experience from the
information given in the application has not been documented sufficiently or           field in question
cannot be verified etc. Further, processing times also depend on the general       •   documentation relating to personal capital (e.g. bank statements)
workload of the Danish Immigration Service.                                        •   documentation for relevant authorisation (only applicable if the job or
                                                                                       running of the organisation requires Danish authorisation).
However, in relation to applications under the ‘Job Card Programme’, the
‘Corporate Programme’ or the ‘Green Card Programme’, the Danish
Immigration Service has set a service level target of processing applications      6. LAWFUL   STAY FOR DEPENDANTS
within 30 days, or, in some cases, even faster.
                                                                                   6.1 General
5.2.2 Documents                                                                    For foreign nationals, the question of whether they are allowed to bring their
In addition to the completed application form, the application for a residence     family will often be of crucial importance.
and work permit must generally include:
                                                                                   Nordic, EU, EEA and Swiss nationals are allowed to bring family members of
                                                                                   Nordic, EU, EEA and Swiss nationality, and such family members are also


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allowed to work in Denmark. However, as with the employee they are
accompanying, family members will need an EU or EEA registration certificate,
if they stay in Denmark for more than three months.


If the employee is a Nordic, EU, EEA or Swiss national and the family members
are third country nationals, the family members will be entitled to follow the
employee to Denmark, provided that the employee has taken up genuine and
actual residence in Denmark.

If the employee is a third country national, the spouse or partner and any
dependant children may be granted a residence permit in Denmark, if the
employee is eligible for a minimum three-year residence and work permit, or
for a minimum three-year extension to the residence and work permit. The
family must live at the same address in Denmark and be self-supporting.

With a family permit, family members may seek and take work in Denmark for
the duration of the employee´s permit. Accordingly, a Danish employer who
hires a family member should be aware that the family member may no longer
be entitled to work in Denmark, if the person who provided the legal basis for
residence – and thus the legal basis for work – loses his or her job or if the
family relationship undergoes changes.

6.2 Procedures
The application must be submitted at the Danish Embassy or Consulate in the
foreign national’s country of origin. If, however, the foreign national has
permanently resided in another country for the past three months, then he or
she may apply to the Danish Embassy or Consulate in that country.

The application for a residence permit must be submitted and granted before
entering Denmark.

6.3 Documents
In addition to the completed application form, the application for a residence
permit must generally include:

•   a valid passport or other travel identification
•   two passport photos showing full face (35mm x 45mm, size of head
    30-36mm from bottom of chin to top of head)
•   documentary evidence of the marriage or family relationship based on
    which the permit is applied for.




    136
1. INTRODUCTION                             141

2. SOURCES OF LAW                           141

3. VISITORS FOR BUSINESS PURPOSES           141

3.1 Visas                                   141
3.2 Permitted Activities                    142
3.3 Procedures                              142
3.4 Documents                               143

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   144

4.1 General                                 144
4.2 Procedures                              145
4.3 Documents

5. WORK PERMITS
                                            145

                                            146
                                                  Dominican Republic
5.1 General                                 146
    5.1.1 Procedures                        146
    5.1.2 Documents                         146

5.2 Special Preference Categories           146
    5.2.1 Procedures                        146
    5.2.2 Documents                         146

6. LAWFUL STAY FOR DEPENDANTS               146

6.1 General                                 146
6.2 Procedures                              147
6.3 Documents                               148
                               Immigration - An International Handbook - DOMINICAN   REPUBLIC




1. INTRODUCTION

Dominican immigration legislation provides different types of visas and
residence permits, depending on the purpose of the trip, but most foreign
nationals do not need a visa to enter the Dominican Republic when travelling
for tourist purposes - a simple tourist card will suffice. When foreign nationals
come to the country for business they must obtain a Dominican visa, which
will vary depending on the duration of their stay. If the stay will exceed 60 days
they will be able to either extend it by paying additional taxes to the
Immigration Department or apply for a Dominican residence permit, if their
intention is to reside in the country.


2. SOURCES    OF LAW


The following sources of law are relevant:

•   Law No 285-04 of 15 August 2004 on Immigration
•   Law No 875 of 21 July 1978 on Visas
•   Law 171-07 of 10 April 2007 on Special Incentives for Retirees and Passive
    Investors.

For further information visit the website of the Ministry of Foreign Affairs
at www.serex.gov.do and the General Immigration Department at
www.migracion.gov.do.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Pursuant to Law No 875 of July 21, 1978, all foreigners entering Dominican
territory require a visa. However, for those citizens of countries with which the
Dominican Republic has visa agreements, only a tourist card is required. A list
of the countries exempted from entering the Dominican Republic with a visa
is available online at www.serex.gov.do.

In the Dominican Republic, the different types of visas and permits are defined
by Article 3 of Law No 875, as well as by the provisions of General Law No
285-04 of 15 August 2004 on Immigration, and are described as follows:

•   Business Visa: This type of visa is exclusive to business, trading and
    professional services. There are three different types of business visas,
    namely:


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    -   Simple Business Visa: granted only for one entry and issued for a           applicant resides, the visa can be requested at the nearest Dominican consular
        period of 60 days                                                           office.
    - Multiple Business Visa: issued for one year and for multiple entries
        and departures                                                              3.4 Documents
    - Visa for Labour Purposes: granted for one year to individuals under           The documents required to be deposited when applying for Dominican visas
        an employment agreement with a company located in the Dominican             vary depending on the requirements of the consulate concerned and the type
        Republic.                                                                   of visa applied for. Below is a list of the documents required for a Simple
•   Dependancy Visa: This type of visa is granted to the main applicant’s           Business Visa, Multiple Business Visa, Business Visa for Labour Purposes and
    family members and its duration is the same as granted to the principal         Tourist Visa. These lists are also available at www.serex.gov.do.
    applicant.
•   Tourist Visa: This is granted for tourism and vacation purposes for a 60        Simple Business Visa Requirements
    day period with only one entry.
•   Residence Visa: This is granted to individuals planning to reside in the        •   letter on the company’s letterhead addressing the Consul regarding the
    Dominican Republic for a 60 day period with one entry.                              employee’s visa application, duly signed by the applicant or legal
•   Student Visa: This is granted to foreign students studying in the                   representative of the company. The letter can be issued by an individual or
    Dominican Republic. The visa is granted for a one year period and is valid          a company and should contain the following:
    for multiple entries.                                                               - name, nationality, place of residence, economic solvency and the
•   Official Visa: This allows multiple entries to the Dominican Republic. It can           profession of the applicant
    be issued for a 60 day period or for one year and is granted to                     - if the applicant is applying individually, the letter should state the
    governmental officers or members of international organisations.                        applicant is solvent, his or her nationality and profession or primary
•   Diplomatic Visa (DM): granted only to diplomats entering the country for                activity
    international meetings or special assignments. It can be issued for 60 days         - if the applicant is employed or to be employed by a company in the
    or 1 year with multiple entries.                                                        Dominican Republic, the letter should be on company letterhead and
•   Courtesy Visa: This is granted to diplomatic officers and their families. It            signed by the highest ranking officer of the company, indicating the
    can be issued for 60 days or one year, depending upon the purpose of the                position to be occupied by the applicant
    trip.                                                                               - the purpose of the trip
                                                                                        - date of the trip
3.2 Permitted Activities                                                                - name of the individual or company serving as sponsor during the
The activities permitted under the visas mentioned above vary depending on                  applicant’s stay, if applicable
the visa. For example, the visa for labour purposes is granted to foreign               - company name and address in the Dominican Republic and
employees to enable work for a company settled in the Dominican Republic,               - guarantee of financial support during the trip and copy of return a
for a period of one year.                                                                   airline ticket to the country of origin.
                                                                                    •   form provided by the Dominican Consulate where the visa is requested,
By contrast, tourist and business visas do not allow foreigners to work in the          typed or printed
Dominican Republic. Tourist visas apply for those visiting the Dominican            •   two front view 2 x 2 photographs
Republic for leisure, while business visas are exclusively for foreign              •   complete copy of the applicant's passport
businessmen who visit the country for commercial purposes, but they cannot          •   Dominican consulates may also ask for:
be used as work permits.                                                                - copies of recent bank statements
                                                                                        - travel itinerary or airline ticket reservations and
3.3 Procedures                                                                          - hotel reservations or vouchers.
Visa applications must be deposited at the Dominican Consulate located in the
applicants country of residence. If there is no Dominican Consulate where the



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Multiple Business Visa Requirements                                             renewable for up to two more years. It gives the right to its bearer to request
The documents required to complete the application for the multiple business    a temporary, and then a permanent, residence card.
visa are the same as for the simple business visa.
                                                                                The Dominican residence card is the most common immigration permit applied
Business Visa for Labour Purposes Requirements                                  for. It permit must be requested before the General Immigration Department
The documents required for the business visa for labour purposes are the same   in the Dominican Republic and is generally granted within three months. Once
as for the simple business visa, but in addition, the employment agreement or   the residence card has been approved, the foreigner will receive both the
labour contract must be registered with the Ministry of Labour of the           residence card and a Dominican ID card, known as the Cédula. These two
Dominican Republic.                                                             documents entitle a foreign national to work legally in the country.

Tourist Visa Requirements                                                       Both the visa for labour purposes and the Dominican residence enable foreign
                                                                                nationals to work in the country. Foreign nationals interested in working in the
•   original passport and copy of the same                                      Dominican Republic and companies operating in the Dominican Republic
•   letter of request addressed to the consul, signed by the applicant. The     intending to hire either temporary or permanent employees are eligible for
    letter of request must include the name, nationality, place of residence,   these permits.
    and details of the economic solvency of the applicant
•   letter from the employer addressed to the consul including the              4.2 Procedures
    applicant’s position and length of service in the company, if employed      The company must submit a labour agreement to the Dominican Consulate,
•   two photographs.                                                            registered at the Ministry of Labour of the Dominican Republic, and a letter
                                                                                requesting a visa for the employee.
Dominican consulates may also ask for:
                                                                                Applications for business visas for labour purposes are filed at the Dominican
•   a copy of recent bank statements                                            Consulate of the place of residence of the applicant. For residence permits, the
•   travel itinerary or airline ticket reservations and                         application must be filed at the General Immigration Department of the
•   hotel reservations or vouchers.                                             Dominican Republic.

Please be advised that US legal residents, Canadian nationals with US visas,    It is highly recommended that applicants seek legal support in compiling and
holders of Schengen Visas and UK Visas do not require a visa to enter the       filing documents for all immigration procedures.
Dominican Republic. Provided there are entering the country only for tourism,
they require only a Tourist Card, valid for 60 days.                            4.3 Documents

                                                                                Visa for labour purposes
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                      The documents listed in section 3.4 under Simple Business Visa Requirements
                                                                                also apply to Visas for Labour Purposes.
4.1 General
All foreigners entering the Dominican Republic for labour purposes need         Dominican residence
a work permit. However, in this sense, either a business visa for labour
purposes or a residence permit (see below) will suffice.                        •   original birth certificate
                                                                                •   original marriage certificate, if married
A business visa for labour purposes is based upon the existence of a work       •   ccpy of all pages of passport
contract pertaining to the applicant in the Dominican Republic and registered   •   four front photographs and four side photographs
at the Dominican Labour Ministry. This type of visa is valid for one year,      •   Certificate of Good Standing issued in the country where the applicant
                                                                                    currently resides


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•   letter from a sponsor or guarantee issued by either a Dominican             before the General Immigration Department. If dependants come to the
    company or person residing in the Dominican Republic:                       country for less than 60 days, depending on their nationality they may not
•   if the sponsor or guarantor is a person: solvency documents of the          require a visa to enter the country. However, if they do intend to stay in the
    guarantor, such as title deeds, bank letters and the like                   country a dependency visa will be required.
•   if the guarantor is a company: a copy of the incorporation
    documents, a financial statement, a declaration of taxes and a copy         Foreign nationals can apply for temporary or permanent residence, investment
    of the company representative’s Dominican ID card (Cédula)                  residence or residence for foreign retirees and passive investors, depending on
•   medical examination to be conducted at the General Immigration              the reasons for their stay in the country, as described below.
    Department
•   sworn Affidavits of two Dominican witnesses who know the guarantor          Temporary or Permanent Residence
•   copy of the witnesses’ Dominican ID cards (Cédula).                         The procedure for obtaining either a temporary or permanent residence
                                                                                normally takes about three to four months. A temporary residence card is valid
                                                                                for one year, while the permanent residence card has a validity of two years,
5. WORK PERMITS                                                                 renewable for the same period upon its expiry. Permanent residence can be
                                                                                obtained on the expiry of a temporary residence card. Both residence cards
5.1 General                                                                     grant the holder the right to obtain a Dominican ID card and driver’s license.
Work permits may either be in the form of a visa for labour purposes or a       These permits are issued in approximately three to five months.
residence permit. Both of these are described in section 4 above.
                                                                                Investment Residence
5.1.1 Procedures                                                                This type of residence is based either on a capital investment made by the
Not applicable.                                                                 applicant of at least USD 200,000 or on a labour contract with a company
                                                                                which has a capital investment duly registered before the Center of Export and
5.1.2 Documents                                                                 Investment (CEI-RD), the Free Zone Council, or the CONFOTUR. The
Not applicable.                                                                 Investment residence is issued in 45 business days, is valid for one year and can
                                                                                be renewed permanently upon its expiry.
5.2 Special preference categories
There are no special preference categories.                                     Residence for Foreign Retirees and Passive Investors
                                                                                This permit applies to foreign retirees interested in moving to the Dominican
5.2.1 Procedures                                                                Republic. They must have a monthly income of at least USD 1,500, whilst
Not applicable.                                                                 passive investors require a monthly income of at least USD 2,000. Passive
                                                                                investors must have received this income within Dominican territory during a
5.2.2 Documents                                                                 period of at least five years prior to the application. This permit is issued
Not applicable.                                                                 within 45 business days and is granted for one year and for two years once it
                                                                                has been renewed.

6. LAWFUL     STAY FOR DEPENDANTS                                               6.2 Procedures
                                                                                Currently, foreign nationals can enter Dominican territory with an initial visa or
6.1 General                                                                     tourist card, but before this expires, they must apply for the corresponding
According to Dominican legislation, all foreign nationals who wish to work,     immigration permit at the General Immigration Department in the Dominican
study or reside temporarily or permanently in the Dominican Republic for more   Republic.
than three months and for at least one year, must request a residence permit




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6.3 Documents
The documents required for requesting Dominican residence permits are listed
in section 4.2 above.

Note that certain additional documents are required for specific types of
applications, as follows:

•   letter of guarantee issued by a Dominican person or company established
    in the Dominican Republic (applies only to the ordinary residence visa)
•   employment agreement (applies only to the investment residence)
•   certificate of registration of foreign investment of at least USD 200,000
    (applies only to the investment residence)
•   certificate issued by the Social Security Ministry establishing the income of
    the retiree (applies to applications for residence by retirees).

Also note that if the application includes a residence permit for a spouse or
children, the following additional documents must be provided:

•   birth certificate of each child and spouse
•   copy of each page of the passport
•   medical examination
•   application form
•   four front and side photographs
•   marriage certificate of the parents (of children) and
•   letter from Dominican sponsor or guarantor.




    148
1. INTRODUCTION                             153

2. SOURCES OF LAW                           153

3. VISITORS FOR BUSINESS PURPOSES           154

3.1 Visas                                   154
3.2 Permitted Activities                    154
3.3 Procedures                              154
3.4 Documents                               155

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   155

4.1 General                                 155
4.2 Procedures                              156
4.3 Documents

5. WORK PERMITS
                                            157

                                            157
                                                  Estonia
5.1 General                                 157
    5.1.1 Procedures                        160
    5.1.2 Documents                         160

5.2 Special Preference Categories           160

   5.2.1 Procedures                         160
   5.2.2 Documents                          160

6. LAWFUL STAY FOR DEPENDANTS               160

6.1 General                                 160
6.2 Procedures                              162
6.3 Documents                               162
                                        Immigration - An International Handbook - ESTONIA




1. INTRODUCTION

Estonia became a member of the European Union on 1 May 2004. Since 21
December 2007, Estonia has been a part of the Schengen visa area.

Information regarding visas is available at the homepage of the Estonian
Ministry of Foreign Affairs (available at http://www.vm.ee) and information
concerning residence permits and work permits is available at the homepage
of the Police and Customs Board (available at http://www.politsei.ee).


2. SOURCES   OF LAW


The main sources of legislation regulating this field are:

•   The Aliens Act, which entered into force on 1 October 2010 – this
    regulates the entry of foreign nationals into Estonia, their stay, residence
    and employment. It also regulates the basis for legal liability of foreign
    nationals.
•   The Citizen of European Union Act, which entered into force on 1 August
    2006 – this regulates the basis for the stay and residence of citizens of the
    European Union and their family members in Estonia.
•   Regulation No 2009/810/EC of the European Parliament and European
    Council, dated 13 July 2009 – this regulation sets out the European Union
    ‘Rules on Visas’.
•   Regulation No 2008/767/EC of the European Parliament dated 9 July 2008
    – this regulation concerns the Visa Information System (VIS) and the
    exchange of data between Member States on short-stay visas (VIS
    Regulation).

Practicalities are specified in several Regulations issued by Government or
Ministers. The more important ones are:

•   Regulation No 83 of the Government of Estonia, which entered into force
    on 1 October 2010 – this sets out the requirements and dates for applying
    for, refusing and abolishing visas and the financial and health insurance
    requirements necessary for applying and possessing a visa.
•   Regulation No 88 of the Government of Estonia, which entered into force
    on 1 October 2010 – this specifies the order and forms for applying for,
    extending and abolishing the short-term residence permit and work permit
    and for applying for, restoring and abolishing the long-term resident
    permit.



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•   Regulation No 24 of the Minister of Internal Affairs, which entered into              A long-stay visa is issued in specific cases as set out in the Aliens Act and applies
    force on 1 October 2010 – this specifies the rules concerning registration            to stays of up to six months during a 12-month period. The maximum validity
    of short-term working for foreign nationals.                                          period of the long term visa is 24 months.
•   Regulation No 28 of Minister of Internal Affairs of Estonia, which entered
    into force on 1 October 2010 – this sets out the form and requirements for            A visa application should be submitted in person to an Estonian embassy or
    applications for extending the period of stay.                                        consulate or to another State representing Estonia in issuing Schengen visas. A
                                                                                          list of Estonian embassies and consulates and other States which can represent
                                                                                          Estonia is available at http://www.vm.ee/. A foreign national may submit a visa
3. VISITORS   FOR BUSINESS PURPOSES                                                       application by post in the country where he or she permanently resides, if it does
                                                                                          not have an Estonian embassy or consulate.
3.1 Visas
Nationals of EU Member States and the EEA along with third-country                        In exceptional cases, as established by the ‘Rules on Visas’, a foreign national can
nationals, who hold residence permits of a Schengen State, do not need a                  apply for a visa at a border checkpoint.
separate visa to enter Estonia.
                                                                                          Visa applications are resolved with 15 to 30 days of their being filed.
In addition, the holders of passports of the following countries do not need a
visa to enter Estonia for stays of no more than 90 days in a six-month period:            3.4 Documents
                                                                                          The following documents must be submitted:
Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados,
Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador, Guatemala,               •   the application form (available at http://www.vm.ee)
Honduras, Hong Kong Special Administrative Region, Israel, Japan, Macao                   •   a valid travel document, issued within the previous 10 years, containing at
Special Administrative Region, Macedonia (note: only for biometrical passport                 least two blank pages for visa stamps and valid for at least three months
holders), Malaysia, Mauritius, Mexico, Monaco, Montenegro (note: only for                     after the expiry date of the visa
biometrical passport holders), New Zealand, Nicaragua, Panama, Paraguay,                  •   one passport-sized photo (size 35x45 mm)
San Marino, Serbia (note: only for biometrical passport holders), Seychelles,             •   an health insurance policy
Singapore, South Korea, St Kitts-Nevis, the United States of America, Uruguay,            •   documents proving the reason for travel
Vatican City and Venezuela.                                                               •   documents in relation to accommodation or proof of sufficient means to
                                                                                              cover the accommodation
All holders of passports from places not mentioned above need a visa to stay              •   documents indicating that the foreign national possesses sufficient
lawfully in Estonia.                                                                          financial means
                                                                                          •   a document proving payment of the visa fee.
3.2 Permitted Activities
If a person is visiting Estonia on legal grounds (i.e. he or she holds a visa or
entered from a visa free area) for business reasons, he or she can essentially do         4. WORKERS    WHO MAY NOT NEED WORK PERMIT
any legal activity during the permitted period of stay, apart from working for
an Estonian organisation (short-time working is allowed under certain                     4.1 General
circumstances - see section 4 below).                                                     The following foreign nationals do not need work permit:

3.3 Procedures                                                                            •   those with a long-term residence permit
There are three types of visa: an airport transit visa, a short-stay visa (for stays of   •   those with a residence permit for working.
no more than 90 days in a six month period) and a long-stay visa. Issue of an
airport transit visa and a short-stay visa is set out in the ‘Rules on Visas’.



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The following categories of workers, who do not have a long-term residence          •   employment as an expert, adviser or consultant, if the foreign national has
permit or a residence permit for working, do not need a separate work permit            sufficient professional experience
and neither are they obliged to register the fact they are working with the         •   employment as an installer of equipment or a skilled worker, if the foreign
Police and Customs Board:                                                               national has sufficient professional experience
                                                                                    •   participation in seasonal work involving the processing of primary
•   an imprisoned person while imprisoned                                               agricultural products
•   a member of a locomotive crew                                                   •   under the conditions provided for in an international agreement.
•   a member of service personnel of a locomotive or a train
•   a driver who transfers people or cargo across state borders                     4.2 Procedures
•   crew of an aircraft.                                                            An employer can apply for the registration of a foreign national’s short-term
                                                                                    employment in Estonia on his or her behalf, if the foreign national is staying in
There are specific rules for foreign nationals who wish to commence work in         Estonia on the basis of a visa, or if he or she is staying there visa-free. The
Estonia as a member of the management team of a legal person, with the duty         application must be submitted and signed by the employer. Short-term
to perform managerial or supervisory functions. Such a person may take up           employment will not be registered for a foreign national who is staying in
employment in Estonia without being issued a work permit or a residence             Estonia on the basis of a residence permit. In such a case, the foreign
permit and without registering for short-term employment in the Police and          national must apply for a work permit or residence permit for work.
Customs Board for a period of up to six months per year (but not longer than        Applications can either be submitted in person or by email to the Police and
his or her period of lawful stay). The foreign national must have a legal basis     Customs Board.
for staying in Estonia (i.e. having a visa or having entered Estonia from a
visa-free area), but need not have a residence permit in order to perform the       4.3 Documents
work described above.                                                               The following documents must be submitted:

There are also specific rules for special categories of short-term work. A          •   an application form (available at http://www.politsei.ee)
foreign national, who (i) has a legal basis to stay in Estonia, but does not have   •   the annex to the application form (available at http://www.politsei.ee)
a residence permit for working or a separate work permit; (ii) whose                •   a passport-sized photo (size 40 x 50mm)
employment has been registered with the Police and Customs Board before his         •   a copy of the page in the foreign national’s travel documents showing his
or her employment commences; and (iii) whose term of employment does not                or her personal data
exceed six months per year, may be permitted to take up employment in               •   a copy of the page from the identity document of the person submitting
Estonia without being issued with a work permit or a residence permit. This             the application showing his or her personal data, if the application is not
applies only to the following cases:                                                    submitted by the employer personally
                                                                                    •   a document proving payment of the State fee
•   artistic activities, i.e. working in a performing arts institution              •   additional documents submitted with the application (e.g. concerning
•   employment as a teacher or lecturer in an educational institution                   professional experience) are specified in Article 6 of Regulation No 24 of
•   employment in scientific research                                                   the Minister of Internal Affairs, which entered into force on 1 October
•   sportsmen, coaches, referees or sports officials, in order to engage in             2010.
    professional activities, by invitation from a corresponding sports federation
•   employment for vocational training purposes, by way of field training for
    a foreign educational institution or a students’ organization, or by referral   5. WORK PERMITS
    from an educational institution, if this is a part of its curriculum
•   employment on a youth project, if the project is accepted by the Ministry       5.1 General
    of Education and Research                                                       A foreign national who has legal grounds for temporary stay in Estonia (i.e.
•   employment as service personnel in the diplomatic representation of a           visa or visa-free) may work without a work permit for up to six months per
    foreign State, with the permission of the Ministry of Foreign Affairs
•   employment as an au pair

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year, on the terms provided by an international agreement, if his or her            Residence permit for entrepreneurship
employment has been registered with the Police and Border Guard Board prior         Residence permits for entrepreneurship can be issued to foreign nationals with
to commencement of work (i.e. short-time employment).                               holdings in Estonian companies or operating as a sole proprietors in Estonia,
                                                                                    if:
Short-time employment cannot be registered for a foreign national who is
staying in Estonia on the basis of a residence permit. Only the residence           •   the company or the sole proprietorship is registered with the Commercial
permit for employment and the residence permit for entrepreneurship give                Register of Estonia
permission to work without applying for a separate work permit. If the              •   based on the interests of the State, the intended enterprise is necessary for
residence permit is issued on other grounds (e.g. to enable residence with a            the development of the Estonian economy
close relative permanently residing in Estonia), a separate work permit is          •   the foreign national’s ongoing presence in Estonia is of essential
necessary to enable work. However, there are certain additional limitations to          importance to the enterprise.
be considered when applying for a work permit, e.g. a work permit will not be
issued if the foreign national has been issued a residence permit on the            A residence permit for entrepreneurship can be issued to a foreign national
grounds that he or she has sufficient lawful income on which to live.               who has sufficient finances to engage in business in Estonia, including capital
                                                                                    in an amount of at least EUR 64,000. The foreign national must control his or
Residence permit for employment                                                     her financial resources, which must be invested in business activities in Estonia.
This is issued for the period during which the employer guarantees                  The foreign national must have a business plan which describes the nature and
employment to a foreign national in Estonia, which may be for no longer than        extent of the intended business activities and sets out the number, requisite
two years, but can be extended. As a general rule, a foreign national can be        qualifications and skills of the staff needed for such activities.
granted a residence permit for employment if an open recruitment procedure
has been carried out to find staff for the relevant position and if, within three   A foreign national who has been issued with a residence permit for
weeks, it has not been possible to recruit a domestic worker through the state      entrepreneurship can be employed by the organisation indicated in the
employment mediation service. In addition, the Estonian Unemployment                residence permit for the performance of ‘directing’ functions. Working for
Insurance Fund must give its consent before the foreign national can be             another employer is not allowed.
employed. The consent of the Unemployment Insurance Fund is not required
where the foreign national is:                                                      Work permit
                                                                                    A work permit will not be issued to a foreign national who stays in Estonia
•   a clergyman, nun or monk invited by a religious union and the invitation        under a visa (short-time working is, however, allowed, if registered with the
    has been accepted by the Ministry of Internal Affairs                           Police and Customs Board in the terms provided by the relevant international
•   a journalist accredited by the Ministry of Foreign Affairs                      agreement) or if a foreign national has been issued a residence permit on the
•   working in a performing arts institution                                        grounds that the foreign national’s permanent lawful income is sufficient to
•   employed as a teacher or lecturer in an educational institution                 live on in Estonia.
•   doing scientific research
•   working as a sportsman, coach, referee or sports official, in order to          A work permit will only be issued to a foreign national who holds a temporary
    engage in professional activities, by invitation of a corresponding sports      residence permit. Even then there are certain limitations that have to be taken
    federation                                                                      into account. The maximum period for a work permit issued to such a person
•   a member of the governing body of a legal person registered in Estonia          must not exceed the validity of his or her residence permit. The validity of a
    and is performing managerial or supervisory functions                           work permit may be extended until the expiry of the residence permit.
•   a ‘posted worker’ in the meaning of the Working Conditions of Workers
    Posted in Estonia Act                                                           An employer who employs a foreign national must submit a standard
•   a long-term residence permit holder of an EU Member State.                      confirmation letter to the Police and Customs Board.




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5.1.1 Procedures                                                                  A distinction must be made between cases where a dependant wishes to
A foreign national may submit an application for a work permit in person at       settle with a close relative or spouse, who is an Estonian citizen, or any other
the Service Office of Citizenship and Migration Board of the Prefecture. The      EU citizen, and cases where a dependant wishes to settle with a close relative
applicant may apply simultaneously for a work permit and temporary residence      or spouse who is staying in Estonia under a residence permit.
permit to the foreign representation of the Republic of Estonia. It is also
possible to submit the application by post addressed to the Police and Border     Dependant wishes to settle with a close relative or spouse who is
Guard Board. If using the post, copies of the documents can be submitted. The     staying in Estonia under a residence permit.
applicant should sign, date and print his or her name on every page to attest     Temporary residence permit can be issued to the following family members, so
to its conformity to the original.                                                that they can settle with a close relative, who is a foreign national and has a
                                                                                  residence permit:
5.1.2 Documents
The following documents must be submitted:                                        •   a spouse, if the foreign national (the other spouse) has resided in Estonia
                                                                                      for at least two years on the basis of a residence permit (the duration of
•   an application form (available at http://www.politsei.ee)                         the residence permit is dependent on the length of the marriage, from one
•   an identity document of the applicant                                             to three years)
•   a passport-sized photo (size 40 x 50mm)                                       •   a minor child
•   a permission to work from an educational institution                          •   an adult child, if the child is unable to cope independently for reasons
•   a written explanation of the need to work by the applicant                        of health or disability
•   data concerning the employer (registry code or Estonian personal code,        •   a parent or grandparent, if he or she needs care which it is not
    field of activity, address, phone, fax and email addresses of the employer)       possible for him or her to receive in the country of his or her location, or
•   work description                                                                  in another country. His or her permanent legal income, or the permanent
•   data concerning the contract of employment (including the type of                 legal income of his or her child or grandchild who legally resides in Estonia,
    contract, amount of work per month, estimated duration, salary)                   must ensure that the parent or grandparent will be maintained in Estonia
•   a document certifying payment of the State fee.                                   (the foreign national residing in Estonia must have a permanent residence
                                                                                      permit)
5.2 Special preference categories                                                 •   a person under guardianship, if the permanent legal income of the
Not applicable.                                                                       guardian (the foreign national) ensures that the person can be maintained
                                                                                      in Estonia.
5.2.1 Procedures
Not applicable.                                                                   A residence permit that is issued to one of the persons mentioned above,
                                                                                  cannot be for a longer duration than the residence permit that is issued to the
5.2.2 Documents                                                                   foreign national with whom the person settles.
Not applicable.
                                                                                  Dependant wishes to settle with a close relative or spouse who is an
                                                                                  Estonian citizen, or any other EU citizen
6. LAWFUL     STAY FOR DEPENDANTS                                                 The following persons, who are not EU or Estonian citizens, are considered to
                                                                                  be family members of EU citizens and can obtain a residence permit:
6.1 General
A family member has the right to stay in Estonia together with an EU citizen      •   the spouse of the EU citizen
for up to three months, on the basis of a valid travel document and a visa.       •   a child under 21 years of age or a dependant adult child of the EU citizen
During this period, he or she has no right to work in Estonia or operate as a     •   a dependent parent of the EU citizen or of his or her spouse
self-employed person. If a family member wishes to stay for a longer period,
he or she must submit an application for a right of temporary residence.


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•   a person who is dependent on the EU citizen or has a shared household
    with him or her in the country of origin, or a person who, because of his
    or her state of health, is taken care of by the EU citizen.

The right of residence of family members can be either temporary or
permanent. The right of temporary residence is granted for up to five years but
not for longer than the period the EU citizen resides in Estonia. A family
member who has resided in Estonia permanently for five successive years, on
the basis of the right of temporary residence, will obtain the right of
permanent residence.

6.2 Procedures
A family member, who is not an EU citizen, may enter Estonia on the basis of
a visa. If a family member wishes to stay for longer than three months, he or
she must submit an application for a temporary residence permit.

The application for a temporary residence permit must be submitted personally
by a family member, or his or her legal representative, to an Estonian embassy
or consulate or to the Police and Customs Board.
Residence must be registered within one month from the date that the right
of temporary residence is granted.

6.3 Documents
The following documents must be submitted:

•   a standard application form
•   an identity document of the foreign national
•   a passport-sized photo (sized 40x50 mm)
•   a document certifying that the foreign national is a family member
•   a document certifying payment of the State fee.

In addition, legislation provides a list of specific documents that need to be
submitted by the dependant for submission of the application for a residence
permit (for a spouse, child, parent or grandparent). This information can be
found from the website of the Police and Customs Board (www.politsei.ee).




    162
1. INTRODUCTION                             167

2. SOURCES OF LAW                           167

3. VISITORS FOR BUSINESS PURPOSES           167

3.1 Visas                                   167
3.2 Permitted Activities                    167
3.3 Procedures                              167
3.4 Documents                               168

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   169

4.1 General                                 169
4.2 Procedures                              170
4.3 Documents

5. WORK PERMITS
                                            170

                                            170
                                                  Finland
5.1 General                                 170
    5.1.1 Procedures                        171
    5.1.2 Documents                         171

5.2 Special Preference Categories           171
    5.2.1 Procedures                        171
    5.2.2 Documents                         171

6. LAWFUL STAY FOR DEPENDANTS               172

6.1 General                                 172
6.2 Procedures                              172
6.3 Documents                               172
                                        Immigration - An International Handbook - FINLAND




1. INTRODUCTION

Being a member of the EU, Finland provides preferential treatment for EU, EEA
and Swiss citizens. Finland is also a Schengen country and therefore only the
border crossings to and from Russia are actively controlled. Specific
immigration agreements have also been concluded with the other Nordic
countries.

In 2009, there were about 155,000 foreign nationals living permanently in
Finland. Approximately 4,000 work permit applications were filed in 2009, out
of which 2,900 were accepted. The average processing time for work permit
applications in 2009 was 54 days.


2. SOURCES    OF LAW


The main source of law governing immigration in Finland is the Aliens Act, No
301/2004, as amended.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
As a general rule, all foreign nationals (except for citizens of the EU and EEA
Member States and Switzerland) require a visa to enter Finland. The Schengen
countries have jointly decided which countries' citizens are not required to
present a visa when entering the Schengen area.

The list of necessary travel documents for entering Finland by nationality is
available at: http://formin.finland.fi.


3.2 Permitted Activities
Business visitors may not take up paid employment while on a business trip in
Finland. The duration of their stay is limited by the same rules as for tourist
visitors. The maximum permitted duration of a visit in Finland without a
residence permit (for example, a worker's residence permit) is three months
within any six-month period.

3.3 Procedures
There are no specific procedures for those business visitors who are not required
to have a visa. Finland issues the following types of visa for those that require
one:


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•   single entry visa – this is issued for one journey during which the foreign          On some occasions, the Embassy or Consulate may want to interview the
    national can stay in the Schengen area for up to 90 days within a six-month          foreign national to ask about the purpose of the visit.
    period
•   double-entry visa – this allows a foreign national to enter the Schengen area
    twice for a combined total of 90 days within a six-month period                      4. WORKERS    WHO MAY NOT NEED WORK PERMIT
•   multiple entry visa – this allows several visits to the Schengen area. The total
    duration of the overall stay is the number of days stated on the visa, at most       4.1 General
    a combined total of 90 days within a six-month period. The period of six             A foreign national may, in certain circumstances, have a limited or unlimited
    months starts on the day of entry into the Schengen area. The visa is valid          right to work in Finland on the basis of a residence permit, other than a
    for a maximum of one year                                                            worker's residence permit.
•   transit visa – this is granted for persons travelling through the Schengen area
    to a country that is not party to the Schengen agreement. A transit visa             For example, a foreign national who has been issued with a permanent
    allows one or several transits for a maximum of five days at a time                  residence permit, a long-term resident’s EU residence permit or a continuous
•   airport transit visa – this is needed by citizens of only a few countries. It        residence permit on grounds other than those of employment or
    allows a foreign national to use the international part of the airport without       self-employment, enjoys an unrestricted right to take up paid employment. In
    actually entering Finland                                                            addition, a foreign national who has been issued with a residence permit on
•   re-entry visa – this is for a return journey to Finland, for example during the      the basis of family ties has the right to gainful employment.
    examination of a residence permit matter.
                                                                                         Further, foreign nationals have an unlimited right to gainful employment, if
If Finland is the foreign national’s main destination in the Schengen area, the visa     they have been issued with a fixed-term residence permit and they work, for
application must be filed at the Finnish Embassy or Consulate in his or her              example, in ‘expert duties’ in the middle or top management of an
country of residence. If his or her country does not have a Finnish Embassy or           organisation or in ‘expert duties’ that require special expertise.
Consulate, the visa must be applied for at a Finnish mission in the nearest
country. In some countries, Finland is represented by another Schengen country's         A foreign national has a limited right to work in Finland when he or she has
Embassy or Consulate that also issues visas for Finland.                                 been issued with a residence permit for the purpose of working as a visiting
                                                                                         teacher, lecturer, trainer, consultant or researcher, on the basis of an invitation
3.4 Documents                                                                            or agreement. The same applies, for example, to certain internships and
The required documentation for a visa application varies somewhat,                       after-sales installation and service. Certain limited time periods are applied in
depending on the foreign national's country of origin, but generally includes            this category.
the following:
                                                                                         A right to work without any residence permit exists only within certain
•   a visa application form and a passport sized colour photograph                       professions and for a certain limited time period. Particularly, employment
•   a passport valid for at least three months from the end of the journey               without a residence permit is possible for a maximum of three months, if the
•   travel insurance that covers the Schengen area and the duration of the               foreign national arrives in Finland on the basis of an invitation or agreement to
    stay. The insurance indemnity should be at least EUR 30,000 and it should            work as an interpreter, teacher, expert or umpire. The same applies to
    cover sudden illness or accidents (including travel home) and                        professional artists and athletes, berry and fruit pickers and to persons who
    transportation home in the event of death                                            enter Finland on the basis of a hosting agreement and who carry out a
•   documents that state the purpose of the visit, its conditions and duration.          research project specified in the EU directive on researchers. The permit-free
    This may include copies of tickets, confirmed hotel bookings and private or          time period is restricted to three months within each six-month period of
    official letters of invitation                                                       residence in Finland.
•   if required, proof of sufficient funds for the duration of the stay, i.e. at least
    EUR 30 per day.



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As a special category, EU and EEA citizens can freely work or practice a             5.1.1 Procedures
profession in Finland for a maximum of three months. If the stay lasts longer        The first worker’s residence permit is applied for before entering Finland at a
than that, they must register their right to reside in Finland at a local police     Finnish Embassy or Consulate in the foreign national’s current country of
department. However, they do not need a residence permit.                            residence. In some exceptional cases a residence permit may be applied for in
                                                                                     Finland, particularly if an employment contract has already been signed and it
4.2 Procedures                                                                       relates to work for which recruitment involves an evaluation of aptitude that
As a general rule, the first residence permit should be applied for before           can best be conducted in Finland.
entering Finland at a Finnish Embassy or Consulate in the foreign national’s
current country of residence. In the above-mentioned cases, where the right          Also, the employer may submit the application on behalf of the foreign
to work is based on a residence permit other than a worker’s residence permit,       national without separate authorisation.
no further procedure is necessary to access employment on the basis of which
the residence permit has been granted.                                               Before a worker’s residence permit is granted, the needs of the job market are
                                                                                     taken into consideration.
In the case of permit-free work for a maximum period of three months, no
procedure is necessary before entering Finland. However, non EU and non-EEA          5.1.2 Documents
citizens must have a visa unless they come from a country whose citizens are         The foreign national fills in application form ‘OLE_TY1’ (residence permit
not required to present a visa when entering the Schengen area.                      application for employment) and the employer fills in form ‘TEM054’
                                                                                     (appendix to the foreign national’s residence permit application form). A
4.3 Documents                                                                        specific application form is filled in by the self-employed. All forms are
The necessary documentation depends on the type of residence permit the              available on the Internet site of the Finnish Immigration Service.
foreign national is applying for. In the case of a fixed-term residence permit for
one of the above-mentioned specific types of duties, the foreign national must       The appendices to an application for a foreign national’s residence permit
provide the necessary documentation to show that he or she has a fixed-term          include:
employment or service contract in Finland. Further documentation may be
required, for example, relating to the foreign national’s education.                 •   a copy of a valid passport
                                                                                     •   a photograph
Entitlement to carry out the specific types of assignments without any               •   proof of sufficient means of subsistence.
residence permit for the maximum period of three months is shown by
documentation in free form, for example, in the form of a written invitation or      The employer must provide written information on the principal terms of
agreement.                                                                           employment and give an assurance that the terms comply with the law and
                                                                                     the relevant collective employment agreement.

5. WORK PERMITS                                                                      5.2 Special preference categories
                                                                                     At the moment, there are no special preference categories in use in Finland.
5.1 General                                                                          The new EU Directive on the conditions of entry and residence of highly
Employment of a non-EU or non-EEA citizen in Finland usually requires a              qualified non-EU nationals (the EU Blue Card system) will be adopted by 19
worker’s residence permit, which is applied for prior to entering Finland.           June 2011.

A worker’s residence permit is usually granted for a certain professional field.     5.2.1 Procedures
The foreign national can change the place of employment within the                   Not applicable.
professional field for which he or she has been granted a residence permit.
                                                                                     5.2.2 Documents
                                                                                     Not applicable.


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6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
Family members of a foreign national are usually issued with a residence
permit for the same period of time as the foreign national. The family
members’ means of subsistence must be secured. Family members who have
a residence permit granted on the basis of family ties have a right to gainful
employment and study in Finland.

Under the Aliens Act, unmarried children under 18 years of age, over whom
the foreign national residing in Finland or his or her spouse has guardianship,
are considered as dependant family members. A foster child can be considered
as a family member, if the child is de facto under the parent’s or guardian’s care
and custody and in need of such care.

6.2 Procedures
The family member’s residence permit must generally be applied for prior to
entering Finland. Alternatively, the foreign national living in Finland can submit
the application to the police in Finland. Under specific circumstances a family
member may apply for the permit when already in Finland, if he or she and the
foreign national living in Finland intend to continue the family life they had
previously begun abroad.

6.3 Documents
Application forms for family members' residence permits are available on the
Internet site of the Finnish Immigration Service. The applicant fills in the
actual application form and the foreign national who already has a residence
permit in Finland fills in the clarification form on family ties. The necessary
documentation includes a copy of a valid travel document, a photograph and
proof of sufficient means of subsistence. For children, a birth certificate and
the consent of any other guardian to the child moving to Finland is required.
For a spouse, the marriage certificate, or proof of registration of the
relationship, or clarification of continuous cohabitation is required.




   172
1. INTRODUCTION                             177

2. SOURCES OF LAW                           178

3. VISITORS FOR BUSINESS PURPOSES           178

3.1 Visas                                   178
3.2 Permitted Activities                    180
3.3 Procedures                              181
3.4 Documents                               182

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   184

4.1 General                                 184

5. WORK PERMITS

5.1 General
                                            186

                                            186
                                                  France
    5.1.1 Procedures                        186
    5.1.2 Documents                         189

5.2 Special preference categories           189
    5.2.1 Procedures                        189
    5.2.2 Documents                         189

6. LAWFUL STAY FOR DEPENDANTS               189

6.1 General                                 189
6.2 Procedures                              190
6.3 Documents                               190
                                       Immigration - An International Handbook - FRANCE




1. INTRODUCTION

Every foreign national over 18 years of age needs a residence permit (‘carte de
séjour’) to stay in France. In accordance with the French Foreign Nationals
Code (Article L.311-1), he or she must obtain one within three months of his
or her entry into the country. This principle applies to everyone, except for:

•   citizens of the EU, EEA and Switzerland
•   citizens where there is an international treaty between the countries
    involved.

Based on European legislation, French law recognises three categories of
foreign nationals:

•   European foreign nationals – two pieces of French legislation are
    applicable: the Law of 24 July 2006 and the Law of 20 November 2007.
    Additionally, the Decree of 21 March 2007, applying the European
    Directive of 29 April 2004. The principle is the free movement of
    individuals.
•   Non-European foreign nationals – those in this category need an
    official permit in order to stay or travel in France.
•   Foreign nationals from countries with bilateral conventions with
    France – the French Foreign Nationals Code does not apply to this
    category (Article D.131-1).

In addition, the economic migration regulations contain various provisions that
existed prior to the law of 24 July 2006. The general provisions that apply to
workers, whether temporary or long term, has for the most part been
retained, although certain procedures have been simplified and legal tools
have been created for new categories.

The provisions relating to scientific, artistic and cultural professions and
seconded employees (excluding intra-group mobility) remain unchanged.

France welcomes about 170,000 non-European foreign nationals for long
stays (of more than three months) every year.

A new bill was discussed in the French Parliament at the end of September
2010. The purpose is to transpose into French legislation three European
Directives:




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•   Directive 2008/115/EC of 16 December 2008 - concerning return                       Several factors determine whether a visa requirement will be waived:
    procedures to third countries for illegal immigrants
•   Directive 2009/50/EC of 25 May 2009 - concerning the ‘European blue                 •   the nationality of the foreign national
    card’, determining conditions of entry and stay for non-European foreign            •   the holding of a residence document in France or in another country
    nationals wishing to occupy highly qualified positions                                  adhering to the Schengen Agreement
•   Directive 00/52/EC of 18 June 2009 - concerning sanctions against                   •   the duration of the stay
    employers who hire non-European foreign nationals, whose stay is illegal.           •   which part of the French Republic the foreign national is to visit.

                                                                                        As far as visas are concerned, the legislation divides the territory of the French
2. SOURCES    OF LAW                                                                    Republic into the following three sections, where different regulations apply:

The following are the main sources of law:                                              •   the European territory of France, which is part of the Schengen area
                                                                                        •   the territory of Overseas Departments, ‘Outre Mer’ (Réunion, Martinique,
•   Law 2006-911 of 24 July 2006, relating to immigration and integration                   Guadeloupe and French Guyana)
•   Decree 2007-373 of 21 March 2007, applying Law 2006-911 and                         •   overseas territorial communities: French Polynesia, New Caledonia,
    modifying the code of entry and stay and the right of asylum                            Mayotte, the French Southern and Antarctic Territories.
•   Law 2007-1631 of 20 November 2007, relating to the control of
    immigration and integration and to asylum                                           The visa requirement is waived for:
•   Decree 2008-634 of 30 June 2008, relating to work permits for
    foreigners and modifications of the labour code                                     •   citizens of the following countries: Andorra, Argentina, Australia,
•   Decree 2009-477 of 27 April 2009, relating to certain categories of                     Bermuda, Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador,
    visas for stays in France of more than three months                                     Guatemala, Holy See, Honduras, Israel, Japan, Malaysia, Mexico, Monaco,
•   Decree 2009/609 of 29 May 2009, relating to the reception of the                        Nicaragua, New Zealand, Panama, Paraguay, San Marino, Singapore,
    foreign trainees.                                                                       South Korea, the United States, Uruguay and Venezuela
                                                                                        •   holders of passports from the Hong Kong Special Administrative Region of
                                                                                            the People’s Republic of China and the Special Administrative Region of
3. VISITORS   FOR BUSINESS PURPOSES                                                         Macao of the People’s Republic of China
                                                                                        •   holders of a valid residence document in France
3.1 Visas                                                                               •   holders of a residence document issued by a country that adheres to the
Unless a special dispensation is granted, admission into and residence in                   Schengen Agreement
France require a visa. The category of visa is primarily determined by the              •   holders of a travel document issued by a country that adheres to the
duration of and reason for residence.                                                       Schengen Agreement.

The main visa categories for international mobility are:                                The European territory of France is part of the Schengen area. The Schengen
                                                                                        area includes the territory of the following EU countries and associated
•   the short-stay visa (up to 90 days)                                                 countries: Austria, Belgium, Denmark, Finland, Germany, Greece, Iceland, Italy,
•   the long-stay visa (more than 90 days).                                             Luxembourg, Norway, the Netherlands, Portugal, Spain and Sweden.

All foreign nationals who wish to come to France must be able to present the            A short stay is a stay in the Schengen area of either less than 90 days or
corresponding ‘transit’ or ‘visitor’s visa’, if their nationality requires them to do   multiple stays totaling less than 90 days within a period of six months. A short
so.                                                                                     stay visa is commonly referred to as a ‘Schengen Visa’, because it enables the
                                                                                        holder to travel throughout the 25 States of the Schengen area. This short-stay
                                                                                        visa is primarily intended for business travellers, official visitors and personal
                                                                                        visitors.

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Since 1 June 2009, a new long-term stay visa with the specific designation of         Since the Decree of 11 September 2009, a foreign investor who wishes to
‘visitor’ can be delivered by embassies and consulates, exempting their               make an investment in France of over EUR 10 million, or who plans to create
beneficiaries from the need to request an official permit at the ‘Prefecture’ (i.e.   or save at least 50 jobs can apply for an ‘exceptional economic contribution
the administrative centre of the Department) for the duration of the ‘visitor         residence permit’, valid for a period of ten years (renewable). The Prefect of
visa’.                                                                                the Department where the investment is planned is authorised to review the
                                                                                      application.
In the case of long stays in France, i.e. over 90 days, citizens of the following
countries are not required to have a long-stay visa: Member States of the EU,         Temporary Business activities
the EEA, Switzerland, Monaco and Andorra.                                             Business people wishing to conduct business relations in France without
                                                                                      actually residing in the country may request a ‘circulation visa’. A ‘circulation
3.2 Permitted Activities                                                              visa’ is a specific Schengen visa issued for a total period of between one and
                                                                                      five years, thereby saving holders with legitimate business activities in France
General                                                                               from having to apply for a new visa each time they travel.
The French Business Code (Article L.122-1) provides that a foreign national
who does not reside in France cannot be engaged in any commercial,                    The short-stay visa does not authorise the holder to engage in paid
industrial or craft occupation in France in any manner that requires his or her       employment, for which a work permit must be obtained.
registration or inclusion in the register of companies or the trade register. To
be included in the register of companies the foreign national must make a             Therefore, when an organisation wishes to send to or receive an employee in
prior declaration to the Prefect of the Department in which he or she                 France for an assignment of less than three months, the reason for the stay
envisages initially conducting business. This provision does not apply to EU,         must be specified, as follows:
EEA and Swiss nationals.
                                                                                      •   if the foreign national is travelling to France on a business trip to attend
Foreign directors who reside in France and wish to create or take over an                 an occasional meeting or to meet clients, a short-stay visa is sufficient,
existing organisation, can under certain conditions, obtain a ‘skills and                 unless special dispensation is granted (based on nationality)
expertise residence permit’ which is valid for three years and also renewable.        •   if the foreign national is travelling to France on a short-term assignment to
If the conditions for issuing a ‘skills and expertise residence permit’ are not           train, advise or provide technical assistance or expertise to the organisation
met, they can apply for a ‘business activity visa’, which is valid for one year and       in France, a ‘temporary work permit’ (‘autorisation provisoire de travail’, or
can be renewed.                                                                           ‘APT’) is required, as well as a visa. The deciding factor is whether the
                                                                                          foreign national provides a service and/or effectively participates in the host
The ‘business activity visa’ is open to all foreign nationals residing in France,         organisation and/or is under orders from the host organisation.
who wish to carry out a commercial, industrial or craft activity in France,
provided that they can justify that the activity is economically sustainable and      In general, visitors entering France in the framework of professional activities
is compatible with public health and safety.                                          will need to have some documentation to prove their status and the activity in
                                                                                      which they will take part (e.g. for foreign teachers this means their invitation
The ‘skills and expertise residence permit’ can be issued to foreign nationals        letter or employment contract related to lecturing activities in France; for
who wish to manage a subsidiary in France (i.e. an intra-group transfer of a          churchmen or religious representatives, documentation to prove their status
director) or who present a project for starting up an organisation (in which          and the events that they will attend etc.).
there must be an investment of at least EUR 300,000 and the creation of at
least two jobs, and in addition, the parent organisation must have existed for        3.3 Procedures
at least two years.                                                                   All foreign nationals who wish to come to France must be able to present
                                                                                      written proof of the purpose of their stay, as well as means of support and
                                                                                      accommodation. In some cases, they will need a visa to enter the country. Visas



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must be applied for from a French consular office before arriving in France.        •   a passport with an expiry date beyond three months from the expected
                                                                                        expiry date of the short stay visa
A short-stay visa is valid for the whole Schengen area, except if the visa stamp    •   proof of the purpose of their stay in the Schengen area
stipulates otherwise. As explained above, this is known as a ‘Schengen visa’. The   •   proof of their means of support during the stay and accommodation
consular authorities of France and those of all other countries adhering to the     •   proof of travel and repatriation insurance
Schengen Agreement can issue Schengen visas, which are valid in France.             •   guarantees of repatriation to their country of residence (return ticket or
                                                                                        adequate personal means to purchase one)
However, a foreign national cannot automatically submit his or her visa             •   for children under 18 years of age, specific documents (signed by a parent
application to a consular authority in any Schengen country. The competent              or a legal guardian)
consular authority is determined by the main destination, which is the country in   •   any documents that help to convince the consular authority of their
which the foreign national plans to stay the longest:                                   intention to leave the Schengen area when the visa expires.

•   if France is the main destination, the application must be submitted to the     Long-Stay Visa
    French consular authority                                                       Foreign nationals who wish to stay in France for personal reasons (e.g. a
•   if another Schengen country is the main destination, the application must be    family reunion, retirement) or professional reasons (e.g. to create an
    submitted to the consular authority of that country                             organisation or engage in paid employment) for longer than 90 days, must
•   if the stays in the different Schengen countries are of the same length, the    submit an application for a long-stay visa to the French consular authorities in
    country where the person first enters the Schengen area is the one that can     their country of residence.
    issue the visa.
                                                                                    The long-stay visa is in principle valid for a three-month period, during which
3.4 Documents                                                                       time the visa holder must go to the Prefecture to complete the administrative
                                                                                    formalities to obtain the residence permit corresponding to the purpose of
Short-Stay Visa                                                                     their stay (e.g. ‘expatriate employee’, ‘scientific activity’ or ‘business activity’).
To apply for a Schengen short-stay visa, foreign nationals are required to
submit one visa application per person, including the following items:              Since 1 June 2009, some categories of foreign nationals have been issued a
                                                                                    ‘long-stay visa equivalent to a residence permit’ (‘visa long séjour valant titre
•   a passport with an expiry date beyond three months from the expected            de séjour’), which is valid for 3 to 12 months and does not require the holder
    expiry date of the short stay visa                                              to apply for a residence permit at the ‘Préfecture’ for the first year.
•   a visa application form, duly completed and signed
•   three photographs meeting specific requirements                                 This simplified procedure is available to students, spouses of French nationals
•   a visa application form for a child under 18 years of age, which must be        and visitors (who have means to support themselves financially and who
    signed by a parent or legal guardian.                                           commit not to work in France), as well as employees with a work contract at
                                                                                    an organisation based in France, and employees whose foreign-based
If any of the items provided do not meet the required criteria, the consular        organisation has temporarily seconded them to work in France for a specific
personnel will not accept the application and will ask the foreign national to      period of time.
present items that comply. If the foreign national insists on submitting his or
her application anyway, the application will be recorded, but a visa will not be    To apply for a long-stay visa, foreign nationals are required to:
issued and the other items in the application will not be examined.
                                                                                    •   hold a travel document such as a passport, valid for the period of their
To apply for a Schengen short-stay visa, foreign nationals are required to              stay in France, or if their stay is over 12 months, for a period of 12
submit the following forms of proof:                                                    months
                                                                                    •   complete and sign a long-stay visa application



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•   attach identity photographs meeting the standard requirements of the            A French Decree dated 29 May 2009, specifies the conditions for application.
    application form                                                                The first training period must be limited to one year. A renewal is possible but
•   pay the application fees                                                        the maximum duration is 18 months.
•   provide proof relating to the purpose of their stay in France and their
    personal situation.                                                             Applicants in this category simply need to present any official identity
                                                                                    document or card, along with the internship agreement.
Additional documents may be required by the competent authority in order to
process the visas, including those of persons under 18 years of age.                Students
                                                                                    Foreign students who follow a course in France and who can demonstrate that
                                                                                    they have sufficient financial resources can obtain a specific ‘student residence
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                          permit’ (‘carte de séjour étudiant’). Unless there is a dispensation, foreign
                                                                                    students must present a long-stay visa for more than three months or a
4.1 General                                                                         short-stay visa listing a competitive exam (‘étudiant-concours’).
EU, EEA and Swiss nationals are free to travel and work in France without a
visa, residence permit or work permit.                                              The ‘student residence permit’ is valid for the duration of the training or
                                                                                    studies and is renewable. Since 1 June 2009, a new long-term stay visa has
They must simply register with the ‘Mairie’ (i.e. the municipal administrative      been available with the specific title of ‘student’, exempting the holder(s) from
centre) for their area within three months of their arrival. Only Romania and       requiring an official permit from the Prefecture for the duration of the visa. It
Bulgaria, who joined the European Union on 1 May 2007, remain subject to            can be delivered by embassies and consulates.
specific rules during the transition period, during which time nationals of these
two Member States must obtain a residence permit when carrying out an               Foreign nationals studying in France can engage in secondary paid
economic activity, as well as a work permit for any work performed as an            employment of up to 60% of the legal working year without a work permit,
employee.                                                                           if they file a declaration with the Prefecture of their domicile and obtain a
                                                                                    ‘student long-term visa’ (equivalent to a residence permit). The visa is valid for
There are some specific categories of foreign nationals that do not require a       one year and can be renewed.
work permit as such. They are as follows:
                                                                                    Pensioners
Interns                                                                             Foreign nationals originating from countries outside the EEA and Switzerland
Foreign students coming to France in order to carry out a work training             can request a specific ‘pensioner residence permit’ (‘carte de séjour retraité’),
placement or to follow a training session in an organisation could obtain a         provided that they can prove:
special ‘intern residence permit’ (‘carte de séjour mention stagiaire’). They
need to produce training contracts concluded with a French institution or           •   they have been living in France with a residence permit card
organisation and validated by the Prefecture. They also need to have sufficient     •   they have established or are in the process of establishing their main
financial resources to live in France. The contract is given to ‘DIRECTTE’              residence outside France
(Direction Régionale des enterprises, de la concurrence, de la consummation,        •   they have a retirement pension based on a French social security regime
du travail et de l’emploi), which will examine the provisions of the agreement          (either directly or indirectly through a spouse).
(Article L.313-7-1 of the Foreign Nationals’ Code).
                                                                                    The ‘pensioner residence permit’ is valid for ten years and allows a foreign
The duration of the validity of the ‘intern residence permit’ is linked to the      national to enter France at any time, for stays of a maximum length of one
duration of the internship.                                                         year each. Pensioners in this situation are therefore exempt from having to
                                                                                    request an entry visa. This situation also applies to spouses.




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The ‘pensioner residence permit’ does not allow the holder to work. If such a        three months of arriving. For holders of the‘skills and talents permit’, the
condition is required, the pensioner must request it at the Prefecture of his or     medical certificate can be obtained ‘a posteriori’ within a period of six months.
her domicile, if he or she lives in France. If the pensioner lives abroad, he or
she must request it at the consulate or embassy in the country of residence.         The ‘skills and talents permit’ (‘carte compétences et talents’)
                                                                                     If a foreign national has a specific project, the ‘skills and talents permit’, which
                                                                                     is valid for an initial period of three years and renewable thereafter, allows him
5. WORK PERMITS                                                                      or her to carry out any professional activity of choice in connection with his or
                                                                                     her project.
5.1 General
EU, EEA and Swiss nationals are free to travel and work in France without a          It is intended to allow the foreign national to participate in the economic
visa, residence permit or work permit.                                               development of France and/or his or her country of origin.

For other foreign nationals, the new legal instruments defined by the Law of         The foreign national’s family will receive a ‘private and family life permit’,
24 July 2006 facilitate the entry into France of foreign nationals whose             which will enable them to accompany him or her to France and work there.
qualifications and professional experience meet the recruitment requirements         The applicant national must submit an application to the French Consulate.
of organisations in France.                                                          The French ambassador will decide whether or not he or she is eligible for this
                                                                                     permit.
The new economic migration policy was designed to satisfy the needs of the
job market in France, while preserving the interests of the countries of origin      The ‘salaried temporary residence permit’ and the ‘temporary worker
of the foreign nationals.                                                            permit’ (‘carte salarié’ et ‘travailleur temporaire’)
                                                                                     Different residence permits can be issued, opening up access to specific
The French legal system allows the recruitment of a foreign national for a           professions in France. These are as follows:
period of less than 12 months, if the organisation cannot find an applicant
with suitable qualifications for the available position in the job market in         •   the ‘salaried temporary residence permit’: if the proposed employment
France.                                                                                  contract lasts at least one year
                                                                                     •   the ‘temporary worker residence permit’: if the proposed employment
In principle, the employment situation will be taken in account. The                     contract lasts less than one year
organisation must provide evidence of its failed search for an applicant in the      •   a permit granted under a bilateral agreement.
job market in France (for example, an attestation from the National
Employment Office, the ‘Pole Emploi’).                                               The list of relevant professions in France can be found on the French
                                                                                     immigration website, which is at ‘www.immigration.fr’.
5.1.1 Procedures
Foreign nationals arriving in France as employees must present an endorsed           The ‘employee on assignment permit’ (‘carte ‘salarié en mission’)
employment contract and obtain a medical certificate from the ‘ANAEM’                Foreign nationals who have been employed for at least three months by an
(‘Agence Nationale de l’Accueil des Étrangers et des Migrations’). The medical       organisation based abroad, are eligible to apply for this permit, which is valid
examination can be carried out in the foreign national’s country of origin, if the   for an initial period of three years and renewable thereafter.
‘ANAEM’ has a delegation there, or in France within three months of his or her
arrival in the country.                                                              They can apply for this permit if they are:

Foreign nationals with an endorsed employment contract can carry out their           •   seconded to one of the organisation’s establishments in France or to
professional activity as soon as they arrive in France. However, their work              another organisation within the same group
permit may be withdrawn, if they do not obtain a medical certificate within          •   temporarily hired by an organisation based in France, which is part of
                                                                                         the same group as their employer.


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In both cases, they need to provide evidence of:                                   The ‘scientific permit’ (‘carte de séjour temporaire portant la mention
                                                                                   scientifique’)
•   a gross salary equal to 1.5 times the minimum wage                             If a foreign national holds at least a Master’s degree or equivalent, he or she
•   their specific skills                                                          can come to France to carry out research or teaching activities.
•   an earlier employment contract with the foreign organisation, which
    lasted at least three months                                                   The foreign national must prove his or her status as a researcher and the
•   the temporary nature of the project.                                           planned duration of the research work, and present a ‘hosting agreement’
                                                                                   (‘convention d’accueil’ ) from an accredited French research institution or
After a continuous secondment of six months in France, their family members        teaching facility.
will be entitled to a ‘private and family life permit’, allowing them to seek
employment.                                                                        The permit will be issued by the Prefecture, on presentation of the hosting
                                                                                   agreement, which must be endorsed by the French Consulate in the foreign
The job market situation in France is not a criterion that would affect the        national’s country of origin.
application process for this type of permit.
                                                                                   5.1.2 Documents
The ‘employee on assignment card for senior managers or high-level                 The documents required vary according to each situation.
executives’ (‘carte salarié en mission pour les cadres de haut niveau ou
les dirigeants’)                                                                   In the case of a secondment, employers based outside France (within or
If a foreign national is employed by a French organisation which forms part of     outside Europe) who wish to temporarily assign employees to France must
an international group and he or she has special responsibilities or receives a    make a mandatory preliminary declaration to the regional employment
gross monthly salary that is greater than or equal to EUR 5,000, he or she will    inspector in the location where the process is taking place.
be issued with a residence permit valid for a period of three years.
                                                                                   The declaration forms differ depending on the type of secondment and can be
The foreign national’s family can accompany him or her with a ‘visitor             found on the French Labour Ministry website.
temporary residence permit’, which will allow his or her spouse to work (the
job market situation in France will not affect the application, if the spouse is   5.2 Special preference categories
offered an employment contract with a gross monthly remuneration of at least       Not applicable.
EUR 2,000).
                                                                                   5.2.1 Procedures
The ‘seasonal worker permit’ (‘carte ‘travailleur saisonnier’)                     Not applicable.
If a foreign national is employed under a seasonal employment contract for a
period of more than three months, a ‘temporary residence permit’, valid for        5.2.2 Documents
three years and renewable thereafter, allows him or her to carry out seasonal      Not applicable.
work for a maximum of six months over a period of 12 consecutive months.
                                                                                   6. LAWFUL     STAY FOR DEPENDANTS
The foreign national can undertake several contracts in succession, provided
that he or she commits to spending no more than six months per year in             6.1 General
France and to maintaining his or her usual residence outside France. This
permit does not allow the foreign national’s family to join.                       The reception and integration contract (‘contrat d'accueil et
                                                                                   d'intégration’, ‘CAI’)
                                                                                   Since 1 June 2009, Article 4 of the Decree of 27 April 2009, obliges spouses
                                                                                   to sign an agreement called a ‘contrat d’accueil et d’intégration’ when they



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are in France for a long stay (Article R.311-19 of the French Nationals Code).
This document is signed by the authority that provides the residence permit.

In France, ‘dependants’ refer to a spouse and direct family.

In the case of the ‘skills and talents permit’ holder, his or her family (defined
as a spouse and any minor children) will receive a ‘private and family life
permit’, which will enable them to accompany the holder to France and work
there. The applicant must submit his or her application to the French
Consulate. The Ambassador will decide whether the applicant is eligible for
this permit.

If a foreign national has an ‘employee and assignment permit’, after a
continuous secondment of six months in France, his or her family members will
be entitled to a ‘private and family life permit’ allowing them to seek
employment.

If the foreign national has an ‘employee and assignment permit’ card for
senior managers or high-level executives, his or her family can accompany him
or her with a ‘visitor residence permit’, which will allow his or her spouse to
work.

The ‘scientific permit’ does not allow family to join the permit holder.

6.2 Procedures
Foreign nationals who wish their family to join them in France need to
complete and supply three types of documents, which are available on the
French immigration website, as described below.

6.3 Documents
The required documents are:

•   ‘CERFA no 11436*04’, which must be handwritten in order to obtain a
    ‘relocation for family reasons’ authorisation (‘regroupement familial’). This
    document must be sent to the French Regional Health Agency (which used
    to be known as the ‘DDASS’, but is now called the ‘ARS’) or to the French
    Immigration and Integration Office (‘OFFI’)
•   Secondly, ‘CERFA no 50674*04’, which lists the supporting documents
    that a foreign national must supply along with the first document
•   ‘CERFA no 11437*04’, which is a certificate proving that a foreign
    national has the necessary housing facilities to accommodate his or her
    family members.



    190
1. INTRODUCTION                             195

2. SOURCES OF LAW                           195

3. VISITORS FOR BUSINESS PURPOSES           195

3.1 Visas                                   195
3.2 Permitted Activities                    196
3.3 Procedures                              196
3.4 Documents                               197

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   197

4.1 General                                 197
4.2 Procedures                              198
4.3 Documents

5. WORK PERMITS
                                            198

                                            199
                                                  Germany
5.1 General                                 199
    5.1.1 Procedures                        200
    5.1.2 Documents                         201

5.2 Special Preference Categories           201
    5.2.1 Procedures                        201
    5.2.2 Documents                         202

6. LAWFUL STAY FOR DEPENDANTS               202

6.1 General                                 202
6.2 Procedures                              203
6.3 Documents                               203
                                      Immigration - An International Handbook - GERMANY




1. INTRODUCTION

The current legislation became effective as of 1 January 2005. The main law,
the German Residence Act (‘Aufenthaltsgesetz’), introduced new types of
residence permits and simplified the application process. Applications now
only need to be submitted to one authority (generally the German Embassy or
Consulate), which in turn is responsible for forwarding the application to all
other participating authorities (e.g. the Federal Employment Office,
‘Bundesagentur fuer Arbeit’).

Employers in Germany are not allowed to employ non-EEA nationals without
the necessary permission (i.e. a visa or residence permit).

There are four different types of residence permit: a visa, a temporary
residence permit, a permanent residence permit and an EC long-term
residence permit (for details see section 5 below).


2. SOURCES    OF LAW


The main sources of law are:

•   German Residence Act of February 2008 (amended on 30 July 2009)
•   German Citizens Act of 1 January 2005 (amended on 28 August 2007)
•   German Asylum Act of September 2008 (amended on 17 December 2008)
•   Act on the General Freedom of Movement for EU Citizens of 30 July 2004.

For more detailed information see also the webpage of the German Ministry
of Foreign Affairs (‘Auswärtiges Amt’): http://www.auswaertiges-amt.de/diplo.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
EU and EEA nationals do not need a visa to enter Germany. In general, all
other foreign nationals require a visa unless they fall under a visa-waiver
programme or agreement. A detailed list of nationalities requiring a visa can
be found on the website of the Ministry for Foreign Affairs, which is at
www.auswaertiges-amt.de.

In any event, all foreign nationals require a visa for stays of more than three
months, or stays leading to gainful employment. The only exceptions apply to
EU, EEA and Swiss nationals.


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3.2 Permitted Activities                                                               3.4 Documents
Business visitors must limit their activities to attending business meetings,          The following documents must be submitted:
discussions, seminars, ‘fact-finding’ meetings or classroom training and
participating in expositions to present and sell their organisation’s products.        •   the duly completed application form
They may attend meetings with potential German clients, provided they                  •   a valid passport and one copy
represent a commercial entity outside of Germany.                                      •   two passport photographs
                                                                                       •   proof of sufficient financial means
3.3 Procedures                                                                         •   proof of sufficient health insurance coverage
Foreign nationals are required to apply for a visa and/or residence permit at the      •   proof of the intended address of residence in Germany
German Embassy or Consulate in their own country prior to entering Germany.            •   the employment contract or letter of intent from the future employer in
Only Australian, Canadian, Israeli, Japanese, South Korean, New Zealand and US             Germany and one copy.
nationals may acquire a residence permit from the competent local Aliens Office
after arriving in Germany without applying for a visa or residence permit at the       Please note in individual cases, additional documents may be requested by the
German Embassy or Consulate in their country of residence.                             competent authority.

The application must be submitted in person.
                                                                                       4. WORKERS    WHO MAY NOT NEED WORK PERMIT
The duration of the visa application process can be up to three months, and
sometimes even longer, as the Aliens Registration Office will often need to            4.1 General
consult other authorities (e.g. the Federal Employment Agency). In general, there
is no difference in the duration of the application process, irrespective of whether   EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland
the application is made in Germany, or at a German Embassy or Consulate                In general, every foreign national who wishes to work in Germany needs a
abroad.                                                                                work permit. However, EU citizens, as well as citizens of Iceland, Liechtenstein,
                                                                                       Norway and Switzerland have the right to live and work in Germany and are
There are three types of visa:                                                         therefore exempt.

Schengen (short-term) Visa                                                             Working Holidays
The Schengen Visa is valid for travel in 25 Schengen countries, including              For young people aged 18 to 30 years from Australia, New Zealand, Japan, the
Germany, for a stay of up to 90 days.                                                  Republic of Korea, Taiwan and the Hong Kong Special Administrative Region,
                                                                                       who wish to stay in Germany on a ‘Working Holiday’, a relevant visa is
National Visa                                                                          sufficient. For the purpose of gaining an insight into the culture and daily life
A National Visa is required for persons who plan to stay in Germany for more           of Germany, they can stay for up to 12 months and are allowed to work to
than three months.                                                                     help finance their stay.

Hybrid Visa                                                                            Foreign Students
A Hybrid Visa is required for applicants intending to stay in Germany for a            Foreign graduates of German universities may stay in the country to look for a
period of more than 90 days, but needing to travel to another Schengen                 job for one year upon completion of their studies.
country within the first three months of their stay.

The fee for all types of visa is EUR 60, but exemptions are possible.




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4.2 Procedures                                                                      •   the employment contract or letter of intent from the future employer
                                                                                        in Germany and one copy.
EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland             •   Foreign Students
EU citizens and citizens of Iceland, Liechtenstein, Norway and Switzerland just
need to register after their arrival with the appropriate office of the town hall   For information on the necessary documents please contact the Aliens Office.
(usually called the ‘Einwohnermeldeamt’ or ‘Buergeramt’) of their place of
residence in Germany.
                                                                                    5. WORK PERMITS
Working Holidays
Young people wishing to stay on a ‘Working Holiday’ in Germany must apply           5.1 General
for the relevant visa from the competent German mission abroad in good time         As of January 2005, only one permit is issued, granting both residency and
prior to entry. Only Australian, Japanese and New Zealand citizens may also         work authorisation. Foreign nationals will therefore only have to deal with one
apply within Germany at any Alien’s Authority (‘Auslaenderbehoerde’). More          authority. Abroad, this will be the German Embassy or Consulate, or if in
information on the duration of the application procedure, the documents to          Germany, the local Aliens Registration Office (‘Ausländerbehörde’). The
be presented and fees etc., are available on the web pages of the various           residence permit for the purpose of taking up employment contains both the
German missions.                                                                    permit to stay and the permit to work in Germany. After the application has
                                                                                    been approved by the Aliens Office and, if applicable, by the Federal
Foreign Students                                                                    Employment Office (‘Agentur für Arbeit’), the German Embassy or Consulate
Foreign students have to register at the Aliens Registration Office. They are       will issue a residence permit in the form of a visa, which will include
allowed to work for 90 days full-time, or 180 days half-time without                authorisation to work in Germany. No extra work permit needs to be obtained
permission, based upon their resident permit. Any additional employment             in Germany. The residence permit must state explicitly that the foreign
requires a work permit by the Aliens Registration Office and permission from        national is permitted to work.
the Federal Employment Agency.
                                                                                    Foreign nationals other than EU, EEA and Swiss nationals must, as a general
4.3 Documents                                                                       rule, hold a residence permit for the purpose of taking up gainful employment
                                                                                    and cannot work without one. According to bilateral agreements, Australian,
EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland             Canadian, Israeli, Japanese, South Korean, New Zealand and US nationals may
                                                                                    even acquire such a residence permit from the competent local Aliens Office
•   Valid passport                                                                  after their arrival in Germany. Nationals of all other states must apply for a
•   proof of intended address of residence in Germany.                              sufficient visa and work permit at their local German Embassy or Consulate
                                                                                    prior to entering Germany.
Working Holidays
For details relating to the various countries see the webpage of the local          Nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland,
German embassies in the respective countries. Main documents required will          Slovakia and Slovenia (until 2011 at the latest) as well as Bulgaria and Romania
be:                                                                                 (until 2014 at the latest) continue to require work permits in Germany,
                                                                                    according to the transitional rules relating to the freedom of movement in the
•   the duly completed application form                                             EU. These nationals should apply for an EU work permit at the competent local
•   a valid passport and one copy                                                   Federal Employment Office in Germany. In the case of stays of more than three
•   two passport photographs                                                        months, a distinction is made between temporary and permanent residence
•   proof of sufficient financial means                                             permits:
•   proof of sufficient health insurance coverage
•   proof of the intended address of residence in Germany



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Temporary residence permit (‘Aufenthaltserlaubnis’)                                    a maximum period of three years. It may be restricted to a certain county,
A temporary residence permit is issued for the reasons set out in the German           employer or occupation.
Residence Act, e.g. education or training, gainful employment, international
law, humanitarian, political or family grounds.                                        5.1.2 Documents
                                                                                       The documents needed vary depending on the nationality of the foreign
Permanent residence permit (‘Niederlassungserlaubnis’)                                 national. For further information, please contact the respective local German
A permanent residence permit is issued if a foreign national has legally resided       Embassy.
in Germany with a temporary residence permit for a minimum of five years and
complies with other minimum requirements (secure income, no criminal                   5.2 Special preference categories
record, adequate command of the German language, etc.).
                                                                                       Researchers
EC Long-Term Residence Permit (‘Erlaubnis zum Daueraufenthalt-EG’)                     People intending to do research at a research facility in Germany recognised by
An EC long-term residence permit differs only slightly from a permanent                the Federal Office for Migration and Refugees, will receive a residence permit.
residence permit. It can, for example, be issued if the residence is only for          This permit entitles researchers to become gainfully employed for the research
humanitarian reasons.                                                                  project as designated in the hosting agreement and also to teach.

5.1.1 Procedures                                                                       Highly qualified employees
First-time entry into the country still requires a visa for Germany (national visa),   Highly qualified persons may obtain a permanent residence permit immediately.
which is then converted into a residence or settlement permit once the holder          Their family members who join them in Germany are also entitled to take up
has arrived in the country.                                                            gainful employment.

Dependants                                                                             5.2.1 Procedures
In general, the issue of a temporary residence permit that includes an
authorisation to work needs the approval of the Federal Employment Office.             Researchers
Such approval requires that employment of the respective foreign national will         A valid ‘admission agreement’ must have been concluded by the foreign
not adversely affect the German job market (job market control), that no               national and the research facility prior to applying for a residence permit.
comparably qualified German, EU or EEA national was available for the job              Furthermore, the research facility must have agreed to cover any costs that
(personnel priority control) and that the foreign national is not employed on          may accumulate in the event that the foreign national resides in the EU
terms less favourable than those applicable to German employees (working               illegally. The Federal Office for Migration and Refugees charges EUR 200 for
conditions control). Exemptions and facilitations exist with regard to highly          the recognition of a research facility. The Foreigners Registration Authority (or
qualified employees, certain occupational categories and certain nationalities.        a diplomatic mission abroad) then issues a residence entitlement.

Self-employed persons                                                                  Highly qualified employees
Self-employed persons usually receive a temporary residence permit, if they            Employees who are considered to be highly qualified are: scientists with
invest at least EUR 250,000 and create a minimum of five jobs. If these                specific expertise, lecturers and scientific personnel in prominent positions, as
requirements are not met, each case is examined on an individual basis. The            well as specialists and executive personnel with extensive professional
residence permit is granted if it is determined that there is an overriding            experience and an annual salary of at least EUR 66,000 (EUR 57,600 in the
economic or specific regional interest in the case, its impact on the economy          new federal states) as of 2011.
is positive, and the financial basis is assured.
                                                                                       To apply for a permanent residence permit, a concrete job offer must be
In addition, approval may be granted if there is a public interest in an               available, the employee’s livelihood must be assured and it must be likely that
individual taking up employment. A residence permit will usually be issued for         the foreign national will successfully integrate into Germany. However, the
                                                                                       approval of the Federal Employment Office is not needed.


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5.2.2 Documents                                                                    right to instruct the employee in terms of the nature, commencement,
                                                                                   duration, and location of the work.
Researchers
The following documents must be submitted:                                         6.2 Procedures
                                                                                   Not applicable.
•   the hosting agreement (‘admission agreement’) negotiated with the
    research organisation                                                          6.3 Documents
•   a declaration in which the research organisation undertakes to assume          Not applicable.
    the costs incurred by public agencies for up to six months after the
    hosting agreement has come to an end.

The relevant diplomatic mission abroad or the Foreigners Registration
Authority can provide a list of any other documents that need to be
submitted.

Highly qualified employees
The Aliens Registration Office can provide information about the necessary
documents.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
As noted in section 5 above, as of January 2005, only one permit is issued,
granting both residency and work authorisation. Possession of a short-term
visa now explicitly constitutes a residence entitlement. Authorisation to reside
in Germany is permitted along with the work permit. Any information on
lawful stay for dependants can therefore be found in section 5 above.

It is, however, necessary to distinguish between self-employed persons and
employees, i.e. dependants. According to German case law, a person can be
deemed self-employed, if the determination of their form of activity and
working hours is mainly at their own discretion. Other main indications for
self-employed work are that the person concerned bears the entrepreneurial
risk, acts in his or her own name and on his or her own account, and is free
to take entrepreneurial decisions at his or her own discretion.

An employee is anyone who is integrated into someone else’s (the employer’s)
working organisation, receives directions and delivers a contractually agreed
performance within the context of a working environment determined by his
or her employer. The decisive distinguishing criterion is the degree of personal
dependency of the employee on the employer, i.e. the scope of the employer’s



    202                                                                                                                                                     203
1. INTRODUCTION                             207

2. SOURCES OF LAW                           208

3. VISITORS FOR BUSINESS PURPOSES           209

3.1 Visas                                   209
3.2 Permitted Activities                    210
3.3 Procedures                              210
3.4 Documents                               210

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   211

4.1 General                                 211
4.2 Procedures                              211
4.3 Documents

5. WORK PERMITS
                                            213

                                            213
                                                  Greece
5.1 General                                 213
    5.1.1 Procedures                        214
    5.1.2 Documents                         215

5.2 Special Preference Categories           215
    5.2.1 Procedures                        216
    5.2.2 Documents                         216

6. LAWFUL STAY FOR DEPENDANTS               217

6.1 General                                 217
6.2 Procedures                              217
6.3 Documents                               218
                                        Immigration - An International Handbook - GREECE




1. INTRODUCTION

Undoubtedly, since the 1990s until the present day, Greece has been a host
country for immigrants. Indeed, proportionately, Greece has the biggest
number of immigrants of any Member State in the European Union.

In terms of legislation, Law 1975/1991 constituted the first time that the entry
and stay of foreign nationals in Greece was regulated. However, it did not
achieve all of its required objectives.

Later, Law 2910/2001 attempted to tackle the problems that existed, but the
statutory procedures were extremely bureaucratic, as foreign nationals were
obliged to take out double permits (i.e. both a work permit and a residence
permit) for the same time period from two different bodies (i.e. both the
Prefecture and District offices) - submitting the same documents twice.

In the meantime, immigration had developed into a significant matter
in Greece because, on the one hand, the migration flow had increased
dramatically and, on the other hand, the country had an obligation to
incorporate three Directives:

•   86/2003/EC on family reunions
•   109/2003/EC on long-term residents
•   81/2004/EC on residence permits for victims of human trafficking.

Under these circumstances, Law 3386/2005 was crucial in that it covered not
only a legal duty but also a social need. The most basic positive aspects of the
new immigration system, which has been in force since 1 January 2006, are:

•   short procedures and reduced bureaucracy
•   the coding of amendments and interpretative regulations
•   provision of a single residence and work permit
•   exclusive power of only one body, the District Office, to issue permits
•   provision of a special residence permit for the victims of human trafficking
•   harmonisation of the large part of Greek legislation with European law
•   the smooth adjustment and social integration of foreign nationals into the
    Greek community, in accordance with the maintenance of their right to be
    different and their cultural identity.




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The major changes over more recent years in immigration legislation, are:           3. VISITORS   FOR BUSINESS PURPOSES


•   Law 3536/2007, which amended numerous provisions of Law 3386/2005,              3.1 Visas
    introducing special regulations for immigration policy (such as the             Visas are required for all foreign nationals except those from the following
    simplification of some regularisation programmes and changes in the             countries (this applies to stays of up to three months): the EU countries,
    procedure for seasonal immigrants). Nevertheless, the general principles        Australia, Canada, Japan, the US, Andorra, Argentina, Austria, Belgium,
    and philosophy of the system remained the same.                                 Bolivia, Brazil, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic,
•   Article 48 of Law 3772/2009, which amended some provisions of Law               Denmark, El Salvador, Estonia, Finland, France, Germany, Guatemala, the Holy
    3386/2005 relating to illegal immigration and its treatment. For instance,      See, Hungary, Iceland, Ireland, Israel, Italy, Leetonia, Lichtenstein, Lithuania,
    the second paragraph (which amended Article 76 of Law 3386/2005)                Luxembourg, Malaysia, Malta, Mexico, Monaco, ‘the Netherlands’, New
    provides that six months is the maximum term of imprisonment, with a            Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, San Marino,
    renewal option of twelve months in special cases.                               Singapore, Slovakia, Slovenia, South Korea, Spain, Switzerland, Sweden, the
•   Article 45 of Law 3801/2009, which amended a previous provision                 United Kingdom, Uruguay, the Vatican and Venezuela.
    regarding the forest land assignment for the construction and operation of
    Accommodation Centres for Immigrants.                                           Hong Kong is another special case, as it is deemed to be a special
•   Law 3838/2010, which provided new means of acquiring Greek citizenship          administrative area of the People’s Republic of China and therefore its citizens
    and promoted the political participation of expatriates and immigrants          do not require a visa.
    who reside legally in Greece.
                                                                                    Foreign nationals from the following countries presently require visas, even for
                                                                                    transit visits that continue on the same aircraft: Angola, Bangladesh, the
2. SOURCES    OF LAW                                                                Republic of Congo, Ecuador, Eritrea, Ethiopia, Ghana, India, Iran, Iraq, Nigeria,
                                                                                    Pakistan, Somalia, Sri Lanka, Sudan, Syria, and Turkey. If the political situation
The main sources of law relating to immigration in Greece are:                      in a nation changes abruptly, its name may be added to this list.

•   Law 3386/2005 on the entrance, stay and social integration of citizens of       Previously, no visa was required for citizens of Ecuador. However, now, due to
    third countries into Greece                                                     the recently implemented Schengen Treaty, a visa is required.
•   Law 3448/2006 on the further use of public sector information and the
    regulation of issues within the sphere of competence of the Ministry of the     As of May 2008, most citizens of Serbia will no longer require a visa to visit
    Interior, Public Administration and Decentralisation                            Greece.
•   Law 3536/2007 on special provisions regarding issues of immigration
    policy and other issues of competence of the Ministry of the Interior, Public   Requirements for other countries vary substantially and should be verified with
    Administration and Decentralisation                                             the local Greek Embassy or Consulate in that country.
•   Law 3613/2007 on regulation of issues relating to independent authorities,
    the General Inspector of Public Administration, the Body of Inspectors and      The 90 day limit applies to both tourism and business. However, if someone
    Auditors of Public Administration                                               travels on an official or diplomatic US passport, he or she will need a visa
•   Law 3731/2008 on reorganisation of the municipal police and provisions          issued through the US State Department. Similar restrictions exist for other
    for other issues of competence of the Ministry of the Interior                  official and diplomatic passport holders from other nations.
•   Law 3772/2009 on reforms concerning the Forensic Medical Service, the
    medical treatment of drug abusers and other provisions                          More importantly, a US or Canadian passport must be valid for a minimum of
•   Law 3801/2009 on provisions for issues regarding staff engaged under            three months beyond the end of the projected stay. Technically, Greek officials
    indefinite term private contracts and other provisions concerning the           may ask to see travel tickets for someone’s return home or for additional
    organisation and the operation of public administration.                        destinations beyond Greece. In practice, this rarely occurs and usually they will



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only ask if there is a suspicion that the foreign national intends to work                 date of expiry of the visa by three months
illegally in Greece. This is more likely to occur prior to a one-way flight or other   •   a copy of his or her criminal record issued by the local authorities
transportation into Greece, rather than once someone has already arrived on            •   a medical certificate from a recognised state or private establishment
Greek soil.                                                                                certifying the absence of any disease that might be a risk to public health,
                                                                                           according to the international situation and the World Health
The current legislative framework governing the granting of transit, entry and             Organisation, as well as of any other infectious or parasitic diseases, which
stay visas is divided into two main categories: short-stay and long-stay visas.            require the taking of measures for the protection of public health
                                                                                       •   travel insurance with a period of validity at least equal to that of the
3.2 Permitted Activities                                                                   granted visa, covering any expenses that might arise in connection with
Only the activities for which the visa was issued are permitted. These are                 repatriation for medical reasons, urgent medical attention and/or
indicated in the visa.                                                                     emergency hospital treatment during the stay.

3.3 Procedures
Visas are granted by affixing a sticker that is uniform for all Schengen countries     4. WORKERS    WHO MAY NOT NEED WORK PERMIT
to a valid passport, travel document or any other official document recognised
by Greece. This sticker contains the following important information about the         4.1 General
visa:                                                                                  There are three categories of entrant who may not need a work permit, but
                                                                                       will require a residence permit, as follows:
•   the visa’s period of validity, i.e. the time period for which foreign nationals
    are allowed to use it                                                              •   students (including postgraduate students)
•   the period of stay, i.e. the total time (number of days) for which foreign         •   those entering Greece to acquire specialist medical treatment
    nationals are allowed to stay in one or more Member State of the Schengen          •   those entering to carry out research projects.
    area
•   the number of entries, i.e. the number of entries allowed through the              4.2 Procedures
    Schengen areas’ external borders (one, two or multiple entries).
                                                                                       Issue and renewal of residence permits for studies (including
The visa is issued by the consular authority of the foreign national’s place of        postgraduate studies)
residence. Certain factors are taken into account, mainly relating to public           Provided that they have obtained a visa, foreign nationals are allowed to enter
policy and the protection of national security and public health. There are two        Greece to study at universities, technological educational institutes, higher
types of visa, the short-term residence visa (‘Schengen visa’) and the long-term       ecclesiastical schools and ecclesiastical school units, the higher school of
residence visa (‘national visa’).                                                      teachers of engineering sciences of the School of Pedagogical and
                                                                                       Technological Education, higher schools of the tourism professions and
3.4 Documents                                                                          technical vocational schools. The concept of studies also includes the
A foreign national needs to submit the following documents when applying               preparation time period which is required for the stay and other related
for a visa:                                                                            activities of the student, if provided for by applicable legislation.

•   a completed and accurate standard visa application form (EC Council                Foreign nationals who have obtained a visa to study in Greece may apply for
    Decision 354/2002) accompanied by a recent photograph                              a residence permit for this purpose, provided that they meet all of the
•   a valid passport or other travel document recognised by Greece (in                 following requirements:
    compliance with those that are listed in the official table of travel
    documents), subject to a visa enabling him or her to cross the European            •   they have enrolled at the relevant educational establishment or have been
    Union’s external borders, with a period of validity that must exceed the               admitted for enrolment



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•   they have sufficient funds to cover their living expenses and cost of study     Citizens of third countries can be accompanied by family members. More
    during the validity of the residence permit                                     specifically, the family members receive a personal residence permit which
•   they have paid the required enrolment fee to the educational                    expires at the same time as the residence permit of the main foreign national.
    establishment.
                                                                                    Issue and renewal of residence permits for implementing research
The relevant Agency for Foreign Nationals and Migration of the Region has the       projects
power to consider the application.                                                  Foreign nationals wishing to stay in Greece for the purpose of participating in
                                                                                    research projects at a public research organisation or other corresponding
No residence permit for studies will be issued to foreign nationals who are         research agencies in the public sector, or legal entities in public law supervised
residing in Greece as workers or practising an independent economic activity,       by a public authority, will be issued with a residence permit for the
except for those who have been accepted for the purpose of family reunifica-        implementation of the research project. They must meet the requirements of
tion.                                                                               Article 10 and must sign a co-operation contract with the research
                                                                                    organisation, which mentions the terms of the co-operation, the period
The residence permit for studies is valid for one year and can be renewed for       needed for completion, and the fact that the cost of their residence and return
equal periods, provided that its holder continues to meet the requirements          trip will be covered.
referred to above. If the length of the course is less than one year, the
residence permit will be valid for the duration of the course. The total period     Having obtained a visa, interested foreign nationals must submit an
of residence cannot exceed the prescribed total length of studies, increased by     application to the municipality or community of their place of domicile or
half. One more year can be added to this period for learning Greek, if              residence. The relevant Agency for Foreign Nationals and Migration of the
requested by the relevant educational establishment. Foreign nationals who,         Region has the power to consider it.
on completion of their studies, have been admitted for postgraduate studies
by higher educational establishments or universities in Greece, can renew their     The General Secretary of the relevant Region will decide whether or not to
residence permit for the period required to complete their studies, without         issue the residence permit. It will be issued for one year and can be renewed
being obliged to produce a visa.                                                    for one further year for the same purpose, until the completion of the research
                                                                                    project.
To renew a residence permit, a foreign national must submit an application to
the municipality or community of their place of domicile or residence at least      Foreign nationals who are granted residence permits for implementing
two months before the residence permit expires. The application should be           research projects in Greece can be accompanied by their family members, to
accompanied by a certificate from the relevant educational establishment            whom an individual residence permit will be issued. The family member’s
showing the foreign national’s enrolment and participation in the                   residence permit will expire at the same time as the residence permit of the
examinations, and by a transcript showing the overall progress of his or her        main foreign national who supports them.
studies.
                                                                                    4.3 Documents
Issue and renewal of residence permits for the acquisition of specialist            For the documents that need to be submitted when applying for a residence
medical treatment                                                                   permit in the three situations described above, please see section 4.2.
The acquisition of specialist medical treatment by citizens of third countries
requires a special visa. The General Secretary of the relevant Periphery grants
a residence permit which is valid for one year and can be renewed every two         5. WORK PERMITS
years until the specialist medical treatment is complete. A certificate from the
hospital providing the specialist medical treatment is also required, in order to   5.1 General
confirm that the applicant has been accepted for the treatment.                     A foreign national can enter Greece for employment under a dependent-
                                                                                    employment relationship with a specific employer and for a specific type of
                                                                                    employment, provided that he or she has been issued with a relevant visa.


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5.1.1 Procedures                                                                   practice of independent economic activity three years after the entry into force
Foreign nationals who have obtained a visa for the provision of dependent          of the initial residence permit.
employment in Greece are issued with a residence permit for this, provided
they have concluded an employment contract showing that their                      5.1.2 Documents
remuneration is at least equivalent to the monthly salary of unskilled workers     The foreign national should submit the following documents with a work
and have submitted the required documentation.                                     permit application:

To renew a residence permit for dependent employment, foreign nationals            •   travel documents (and a copy of the visa, if applicable)
need to submit an application to the municipality or community of their place      •   a photocopy of the medical care booklet
of domicile or residence two months before the expiry of the residence permit.     •   Hellenic Police stamps of a nominal value of EUR 3
Documentation should be provided to show the following:                            •   a statement indicating his or her proposed place of residence
                                                                                   •   four colour passport size photographs
•   that the foreign national has fulfilled his or her tax obligations             •   a copy of his or her employment contract.
•   that the requirements set out in the first paragraph above are met.
    However, a foreign national does not need to submit an employment              Employed EU nationals should submit the following documents:
    contract if he or she is employed as an agricultural worker, a builder, a
    private nurse or a member of household staff, if he or she is employed         •   two photocopies of their passport
    under a dependent employment relationship with more than one                   •   three colour passport-size photographs
    employer. Similarly, no employment contract needs to be submitted by           •   a statement regarding their proposed place of residence in Greece
    seasonal workers who work in hotels and restaurants, provided that they            a report of their medical care and social insurance (with documents issued
    receive unemployment benefit during the renewal period                             by a public social security organisation or private insurance corporation) as
•   that the foreign national has earned a minimum amount. If he or she has            EU nationals in Greece or in other EU Member States
    earned less than this, up to 20% can be redeemed as ‘insurance days’ from      •   a statement of their employment as EU nationals, validated by the relevant
    his or her insurance provider. In the case of renewing a two-year residence        Labour Inspection, indicating the duration and the specific type of
    permit, this condition must be met cumulatively for the entire two-year            employment proposed.
    period.

The relevant Agency for Foreign Nationals and Migration of the Region has the      5.2 Special preference categories
power to consider the application.                                                 Generally, foreign nationals who are members of boards of directors,
                                                                                   managers, legal representatives and senior executives of subsidiaries and
Foreign nationals can conclude an employment contract with another                 branches of foreign organisations; along with foreign nationals who are
employer during the validity period of their residence permit, provided that no    technicians employed in industries or mines and foreign specialist scientific
change is made to the specialism for which the visa was issued or to the           personnel employed by foreign organisations with branches or subsidiaries in
insurance organisation. If there is a change of employer, the foreign national     Greece can travel to Greece to be employed in such organisations if the
must notify the competent Agency for Foreign Nationals and Migration of the        following conditions are met:
Region within thirty days of the conclusion of the new contract.
                                                                                   •   the undertaking established in Greece must employ at least 100
Holders of residence permits for employment can work in another prefecture             foreign nationals
of the same or another Region, one year after the issue of the initial residence   •   foreign nationals who will travel for employment must have scientific
permit.                                                                                knowledge in their field that is not possessed by other Greek or EU
                                                                                       employees or foreign nationals already lawfully residing in Greece.
The residence permit for dependent work can only be renewed for the                •   the number of foreign employees cannot exceed 5% of the number of
                                                                                       national employees.


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The residence permit is initially issued for a period of one year and can be            documents), subject to a visa enabling him or her to cross the European
renewed for two more years.                                                             Union’s external borders, with a period of validity that must exceed the
                                                                                        date of expiry of the visa by three months
Subject to the relevant special regulations, the residence permit will be           •   a copy of his or her criminal record issued by the local authorities
renewed every two years, provided that the foreign national provides                •   a medical certificate from a recognised state or private establishment
supporting documents evidencing that:                                                   certifying the absence of any disease that might be a risk to public health,
                                                                                        according to the international situation and the World Health
•   the relevant conditions are met                                                     Organisation, as well as of any other infectious or parasitic diseases, which
•   all tax liabilities have been paid. In order to allow verification of tax           require the taking of measures for the protection of public health
    liabilities, the foreign national must produce a copy of the tax liquidation    •   travel insurance with a period of validity at least equal to that of the
    sheet delivered by the tax office or a copy of the revenue tax return               granted visa, covering any expenses that might arise in connection with
    evidencing revenues equivalent to his or her declared wages.                        repatriation for medical reasons, urgent medical attention and/or
                                                                                        emergency hospital treatment during the stay.
A foreign national who is granted a residence permit as a corporate member
of a Board of Directors, a manager or a member of staff, can be accompanied
by the members of his or her family. The family member is granted an                6. LAWFUL   STAY FOR DEPENDANTS
individual residence permit, which expires at the same time as the residence
permit of the main foreign national on whom he or she is dependent. The             6.1 General
main foreign national needs to prove that he or she has a stable and sufficient     The following persons are considered to be ‘dependants’:
income, which must be no less than EUR 8,500 per year, increased by 15% for
each dependent member of his or her family.                                         •   the main foreign national's spouse, provided that he or she is 18 years or
                                                                                        older
The relevant application for the issue and renewal of a residence permit, as        •   the minor children of the main foreign national and of his or her spouse,
well as for the family reunification of foreign nationals, should be submitted to       including adopted children
the Directorate for Foreign Nationals and Migration of the Ministry of Interior,    •   other minor children, including adopted children, of the main foreign
Public Administration and Decentralisation.                                             national or his or her spouse, where the main foreign national or his or her
                                                                                        spouse has custody and the children are dependent on him or her.
5.2.1 Procedures
The Region, taking into consideration public policy and national security, may      6.2 Procedures
arrange for a third-country national to be interviewed at a specific place and      Foreign nationals lawfully residing in Greece for at least two years are entitled
time by the Migration Committee. If he or she does not attend the interview,        to apply for the entry and residence of their family members, provided that all
the application will be rejected. The relevant decision will be issued by the       the ensuing conditions are satisfied:
Region within two months of the date it received all documentation. Late
applications will also be rejected, unless force majeure can be proved.             •   they have documentary evidence of the family relationship
                                                                                    •   their family members will reside with them
5.2.2 Documents                                                                     •   they can prove that they have a steady and regular annual personal
The required documents are:                                                             income, sufficient to cover the needs of their family, which is not paid by
                                                                                        the social assistance system of Greece. Such income cannot be less than
•   a completed and accurate standard application form (EC Council Decision             the annual wages of unskilled workers, increased by 20% for the spouse
    354/2002) accompanied by a recent photograph                                        and by 15% for each child. If both spouses lawfully reside in Greece and
•   a valid passport or other travel document recognised by Greece (in                  want to reunite with their children, the 15% increase for each child is not
    compliance with those that are listed in the official table of travel               required



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•   they have full health insurance for all the risks that are covered for Greek        Union’s external borders, with a period of validity that must exceed the
    nationals, which can also cover their family members.                               date of expiry of the visa by three months
                                                                                    •   a copy of his or her criminal record issued by the local authorities
Submission and consideration of requests for family reunification                   •   a medical certificate from a recognised state or private establishment cer
The main foreign national should submit an application to the municipality or           tifying the absence of any disease that might be a risk to public health,
community of the place of domicile or residence for the approval of family              according to the international situation and the World Health
reunification. The Agency for Foreign Nationals and Migration of the Region             Organisation, as well as of any other infectious or parasitic diseases, which
has the power to consider the application.                                              require the taking of measures for the protection of public health
                                                                                    •   travel insurance with a period of validity at least equal to that of the
The General Secretary of the Region will seek the opinion of the relevant police        granted visa, covering any expenses that might arise in connection with
authority for matters relating to public policy and to the protection of national       repatriation for medical reasons, urgent medical attention and/or
security, as well as the opinion of the relevant Greek consular authority, to           emergency hospital treatment during the stay.
establish the existence of the family relationship. These opinions must be given
within two months.

The decision of the General Secretary that approves the application for family
reunification will be forwarded to the relevant Greek consular authority, which
will issue the required visas to the family members of the foreign nationals.

Issue of residence permits
The family members of the main foreign national, after their entry into Greece
and before the expiry of their visa, should submit an application to the
municipality or community of their place of domicile or residence for a
residence permit for family reunification. The Agency for Foreign Nationals and
Migration of the Region has the power to consider the application. When
applications are being considered, the best interests of the children are taken
into consideration.

For children, the application for individual residence permits should be
submitted by the persons exercising parental care.

The General Secretary of the relevant Region issues residence permits within,
at the latest, nine months of the submission of the application and documents.

6.3 Documents
The required documents are:

•   a completed and accurate standard application form (EC Council Decision
    354/2002) accompanied by a recent photograph
•   a valid passport or other travel document recognised by Greece (in
    compliance with those that are listed in the official table of travel
    documents), subject to a visa enabling him or her to cross the European



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1. INTRODUCTION                             223

2. SOURCES OF LAW                           223

3. VISITORS FOR BUSINESS PURPOSES           224

3.1 Visas                                   224
3.2 Permitted Activities                    224
3.3 Procedures                              225
3.4 Documents                               225

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   226

4.1 General                                 226
4.2 Procedures                              227
4.3 Documents

5. WORK PERMITS
                                            227

                                            228
                                                  India
5.1 General                                 228
    5.1.1 Procedures                        228
    5.1.2 Documents                         229

5.2 Special Preference Categories           229
    5.2.1 Procedures                        230
    5.2.2 Documents                         230

6. LAWFUL STAY FOR DEPENDANTS               230

6.1 General                                 230
6.2 Procedures                              230
6.3 Documents                               231
                                           Immigration - An International Handbook - INDIA




1. INTRODUCTION

In India, matters relating to immigration fall under the domain of the
Foreigners’ Division of the Bureau of Immigration within the Ministry of Home
Affairs (‘MHA’).

In addition, Foreigners’ Regional Registration Officers (‘FRROs’) located in
major cities in India (i.e. Delhi, Mumbai, Kolkata, Chennai and Amritsar)
manage immigration and registration related requirements, as provided in the
Registration of Foreigners Act 1939. Apart from the FRROs, the relevant
District Superintendents of Police function as Foreigners’ Registration Officers
(‘FROs’), which are equivalent to FRROs, in all the states in the country.

The MHA (located in New Delhi) has been vested with the power to grant
conversions and extensions of visas (for categories in which it is permissible) to
foreign nationals residing in India. Where a foreign national requiring a visa
conversion or extension does not reside in New Delhi, he or she may approach
the relevant FRRO, who would forward the case to the MHA for consideration
and approval.

It is worth noting that the FRROs and FROs have been vested with limited
powers to grant conversions and/or extensions for certain types of visa in
certain situations, without referring to the MHA. For example, an FRRO can
grant a visa extension of up to 15 days in emergency situations such as illness,
death and non-availability of flights, subject to certain conditions.


2. SOURCES   OF LAW


The principal sources of law and regulation relating to immigration in India are
contained within the Constitution and the Statutes. Under the Constitution,
legislation relating to citizenship, foreign nationals, passports, visa admissions,
emigration and expulsion from India, is contained in the Union List of the
Seventh Schedule of Article 246, which gives only the central (federal)
government the power to legislate for matters relating to immigration. The
principal Statutes governing immigration are discussed briefly below:

The Foreigners Act 1946 (‘FA’)
The FA confers upon the government of India the power to legislate in
matters concerning foreign nationals, their entry, presence in and departure
from India. It provides for guidelines regarding determination of nationality.
The FA also sets out penalties for contravention of its provisions.



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The Passport (Entry into India) Act 1920 (‘Passport Act’)                             Further, the following persons are required to obtain B visas:
The ‘Passport Act’ provides that any person who wishes to enter into India,
whether by land, air or sea, is required to hold a valid passport. Further, the       •   foreign buyers who wish to visit India to transact business with (potential)
Passport Act exempts certain classes of person from the requirement to                    suppliers, evaluate or monitor quality, give specifications, place orders,
possess a valid passport. For instance, nationals of Nepal and Bhutan are                 negotiate further supplies etc., relating to goods or services procured from
exempt.                                                                                   India
                                                                                      •   foreign experts or specialists on a short visit, in connection with an
The Registration of Foreigners Act 1939 (‘RF Act’)                                        ongoing project, with the objective of monitoring the progress of the
The RF Act provides for the registration of foreign nationals present in,                 work, conducting meetings with Indian customers and/or to provide high
entering into or departing from India. It allows the central government to                level technical guidance
formulate rules for the purpose of requiring any foreign national to report his       •   foreign trainees of multinational organisations or corporate houses coming
or her presence, arrival or departure to a prescribed authority, report details of        for in-house training in the regional hubs of an organisation located in
movement from one place to another, and produce proof of identity or other                India
information when required.                                                            •   foreign nationals who are partners in the organisation and/or functioning
                                                                                          as directors in it.

3. VISITORS   FOR BUSINESS PURPOSES                                                   3.3 Procedures
                                                                                      A B visa can only be issued by the Indian High Commission or Consulate in the
3.1 Visas                                                                             country of origin, or in the country of domicile of the foreign national, provided
Any foreign national who wishes to enter India for business purposes is               his or her period of permanent residence in that particular country has been for
required to obtain a business visa (‘B visa’).                                        more than two years.

3.2 Permitted Activities                                                              The procedures for issuing B visas may vary depending on the requirements of
A foreign national may enter India to undertake any of the following activities       the individual Indian Consulate. Visa applications to India from inside the United
under a B visa:                                                                       States of America need to be made online through ‘Travisa Outsourcing’.
                                                                                      Thereafter, a copy of the online application along with the requisite
•   to establish an industrial or business venture or to explore the possibility of   documentation needs to be submitted at the Indian Consulate having
    setting one up in India                                                           jurisdiction over the area in which the foreign national resides. Similarly, visa
•   to purchase and/or sell industrial or commercial products or consumer             applications from within the United Kingdom need to be made to the relevant
    durables                                                                          Indian Consulate through ‘VFS Services UK Limited’.
•   to participate in technical meetings, attend board meetings and general
    meetings to provide business services support                                     Foreign nationals visiting India on B visas are not required to register themselves
•   to recruit manpower                                                               with the FRROs or FROs, if the duration of their stay does not exceed 180 days
•   to consult persons regarding participation in exhibitions, trade fairs,           in a single visit. However, if a foreign national intends to stay for more than 180
    business fairs, etc.                                                              days on a single visit, he or she is required to register with the relevant FRROs or
•   to undertake any pre-sales or post-sales activity not amounting to the            FROs within 180 days.
    actual execution of any contract or project.
                                                                                      3.4 Documents
                                                                                      At the time of application for a B visa, a foreign national is required to submit
                                                                                      the following documents in addition to any other documents, as may be
                                                                                      specified by the Indian Consulate concerned:




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•   a valid travel document such as a passport and a re-entry permit, if                   of India Act 1935 and other territories that became part of India there
    required under the law of the country concerned                                        after (provided neither parents nor grandparents were at any time
•   proof of financial standing and expertise in the field of the intended                 citizens of Afghanistan, Bhutan, China, Nepal, Pakistan or Sri Lanka)
    business                                                                           •   a person who is a spouse of a citizen of India or a PIO, as mentioned
•   a sponsor letter on the official letterhead of the organisation in India,              above.
    indicating the nature of the business, probable duration of stay, the
    validity of the visa applied for (one year, five years or ten years), places and   Overseas Citizen of India (‘OCI’)
    organisations to be visited, and a guarantee to meet maintenance                   An OCI is a person who is registered under the Citizenship Act 1955.
    expenses.
                                                                                       The following persons are eligible to register themselves as an OCI:
However, nationals of Pakistan, Sri Lanka and Bangladesh are required to
submit separate visa application forms and furnish additional undertakings             (a) foreign national, who was eligible to become a citizen of India on 26
and documentation.                                                                         January 1950, or was a citizen of India on or at any time after that date,
                                                                                           or belonged to a territory that became part of India after 15 August 1947
                                                                                       (b) the children and grandchildren of the persons mentioned in (a), provided
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                                 the country of citizenship allows dual citizenship in some form
                                                                                       (c) minor children of the persons mentioned in (a).
4.1 General
A foreign national coming to India can undertake the activities that are               However, if a foreign national was ever a citizen of Pakistan or Bangladesh, he
permitted by the particular visa he or she holds. No separate work permit is           or she would not be eligible to register as an OCI.
required.
                                                                                       4.2 Procedures
There are no classes of foreign national who are permitted to enter and work           NRIs and OCIs are entitled to enter and work in India without procuring a visa.
in India without procuring a work-related visa or other appropriate visa. For          Therefore, no procedure for this has ever been prescribed. PIO Cardholders are
example, exchange students are required to obtain student visas.                       permitted to visit India without procuring a visa for a period of up to 15 years
                                                                                       from the date of issue of the PIO Card.
However, the following classes of person are allowed to enter India and
undertake business and employment related activities without obtaining a visa:         If a PIO Cardholder intends to say in India for more than 180 days, he or she
                                                                                       must register with the relevant FRO or FRRO. However, NRIs and OCIs are
Non-Resident Indian (‘NRI’)                                                            exempt from such registration provisions.
An ‘NRI’ is an Indian citizen who ordinarily resides outside India but holds an
Indian passport.                                                                       4.3 Documents

Person of Indian Origin Cardholder (‘PIO Cardholder’)                                  NRI
A PIO Cardholder is a person who has registered himself or herself under the           An NRI is not required to be registered with any authority for exemption from
Person of Indian Origin scheme launched by the MHA in 2002.                            procuring a visa for entry into India. Therefore, apart from a valid passport, an
                                                                                       NRI is not required to submit any documentation to enter India.
The following persons qualify as a PIO:
                                                                                       PIO
•   a person who has at any time held an Indian passport                               A PIO Cardholder does not require a separate visa to visit India. The PIO Card
•   a person or either of his or her parents or grandparents who was born              is valid for 15 years. Therefore, no additional documentation (apart from a
    in or was permanently resident in India, as defined in the Government              passport and the PIO Card) needs to be submitted.



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OCI                                                                                  All visa applications from inside the United States of America need to be
An OCI registration certificate in the form of a booklet is issued to OCIs who       submitted to the relevant Indian Consulate through Travisa Outsourcing. The
apply for registration. Further, a multiple entry, multi-purpose ‘OCI U visa         visa application needs to be made online.
sticker’ is pasted on the foreign national’s passport. However, no additional
documentation needs to be submitted to enter India.                                  All visa applications from inside the United Kingdom need to be submitted to
                                                                                     the relevant Indian Consulate through VF Services UK Ltd.

5. WORK PERMITS                                                                      5.1.2 Documents
                                                                                     In addition to a valid passport, proof of address and photographs, a foreign
5.1 General                                                                          national would be required to furnish the following documents for the grant
As stated above, a foreign national can undertake the activities permitted by        of an E visa:
the visa that he or she holds. Therefore, no separate work permit is required.
                                                                                     •   an appointment or contract letter containing salary details and if a contract
If a foreign national wishes to undertake employment in India, he or she must            letter is provided, it should be detailed and comprehensive
obtain an employment visa (‘E visa’). E visas are only granted to skilled foreign    •   curriculum vitae
nationals and qualified professionals, or persons who are being engaged or           •   the organisation’s registration, i.e. proof that it is registered in India
appointed by an entity in India for a senior skilled or managerial position.         •   a tax liability letter from the organisation in India certifying that: (i) the
Further, E visas are not granted for jobs for which large numbers of qualified           Indian organisation will be liable and take responsibility for paying taxes on
Indians are available. Therefore, they are not available for routine, ordinary,          his or her behalf (ii) the Indian organisation will not hire foreign nationals
secretarial or clerical jobs.                                                            to the extent that their number exceeds 1% of its total workforce (iii) with
                                                                                         in the said 1% of the total workforce, the number of foreign nationals
An E visa is usually granted for a period of up to one year by the relevant Indian       hired should not exceed more than 20 employees; however, if the number
Consulate abroad. An extension of the E visa would be granted by the MHA,                of employees is within 1% but more than 20 there may be a delay in
if necessary. Subsequent extensions, if required, can be granted by the                  decisions made regarding the issue of their visas
respective State government or FRO, for up to a maximum of five years from           •   an employee details form, duly completed
the date of issue of the visa. Foreign nationals entering on E visas are required    •   a project details form provided in the prescribed manner on the
to register with the relevant FRRO or FRO within two weeks of the date of                organisation’s letterhead. The form should be signed by an authorised
arrival in India, if their visa is valid for a period exceeding 180 days.                person within the organisation
                                                                                     •   a justification letter from the employer in India certifying that the applicant
An Indian organisation engaging foreign nationals would be responsible for               is a skilled and qualified professional, technical expert, senior executive or
their conduct during their stay in India and for their departure upon the expiry         in a managerial position and demonstrating that those skills are not
of their E visa.                                                                         available in India.

It is also relevant to note that a foreign national working in India under an E      5.2 Special preference categories
visa must comply with all the other requirements, such as payment of tax             There are no ‘special preference categories’ in India. All foreign nationals are
liabilities.                                                                         required to procure E visas in order to work in India.

5.1.1 Procedures                                                                     It is relevant to note that NRIs are permitted to enter India and undertake
There is no difference in the procedure for a long-term or a short-term E visa.      employment without needing an E visa. Further, OCIs and PIO Cardholders are
                                                                                     permitted to undertake employment in India without the need for a visa,
The E visa must be issued from the country of origin, or from the country of         subject to certain restrictions. For example, OCIs and PIO Cardholders cannot
domicile of the foreign national, provided his or her period of permanent            undertake employment relating to mountaineering, missionary or research
residence in that country has been for more than two years.


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work. Additionally, existing Protected Area Permits (‘PAPs’) and Restricted Area      All visa applications from inside the United States of America need to be
Permits (‘RAPs’) require separate permits. The Foreigner (Protected Area)             submitted to the relevant Indian Consulate through Travisa Outsourcing. The
Order 1963 requires a foreigner to obtain a restrictive area permit for visiting      visa application needs to be made online. All visa applications from inside the
certain restricted areas. This is in addition to obtaining a visa and it exists       United Kingdom need to be submitted to the relevant Indian Consulate
mainly for security reasons.                                                          through VF Services UK Ltd.

5.2.1 Procedures                                                                      6.3 Documents
A foreigner who is in India to visit a restricted area is required to apply for the   In addition to a valid passport, photographs and proof of address, an applicant
RAP to the Ministry of Home Affairs, Foreign Division Jaisalmer House, 26,            for an X visa is required to provide the following documents:
Man Singh Road New Delhi and with the resident commissioner of the State
concerned. FRROs have delegated powers in respect of some specified areas.            •   in the case of a minor, a copy of his or her parents’ passports, i.e. the
The RAP can also be obtained from the Indian consulate abroad. A RAP is                   relevant pages containing the picture and signature page of both parents’
normally issued for ten days with the option of a seven day extension.                    signed passports
                                                                                      •   a copy of his or her birth certificate or any government-issued document
5.2.2 Documents                                                                           that shows his or her parents’ names, dates of birth and nationalities
An application for a RAP and a copy of the passport and visa are required for         •   documentary proof of the relationship - spouses and dependent children
this purpose.                                                                             of a foreign national coming to India on a visa such as an employment,
                                                                                          business, research or student visa, must produce proof of the relationship.
                                                                                          The spouse must provide a marriage certificate. Dependent children must
6. LAWFUL     STAY FOR DEPENDANTS                                                         provide a birth certificate. Further, the spouse and dependent children
                                                                                          must provide a copy of the visa issued to the principal visa holder.
6.1 General
The term ‘dependant’ has not been specifically defined in Indian immigration
law. However, the children of a foreign national coming to India would
generally qualify as dependants.

If a visa applicant is a spouse or dependent family member of a foreign
national coming to India on a long-term visa, such as an employment,
business, research or student visa, he or she would be required to obtain an
entry visa (‘X visa’). The duration of an X visa is contingent upon the length of
the principal visa holder’s visa.

An X visa is usually granted for a period of up to five years by the relevant
Indian Consulate. The holder of an X visa would not be permitted to
undertake any business or economic activities in India. However, minor
children who are of Indian origin can study up to the ‘12th Standard’.

6.2 Procedures
An application for an ‘X visa must be made to the respective Indian Consulate
in the country of origin.




   230                                                                                                                                                                231
1. INTRODUCTION                             235

2. SOURCES OF LAW                           236

3. VISITORS FOR BUSINESS PURPOSES           236

3.1 Visas                                   236
3.2 Permitted Activities                    236
3.3 Procedures                              236
3.4 Documents                               237

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   238

4.1 General                                 238
4.2 Procedures                              239
4.3 Documents

5. WORK PERMITS
                                            239

                                            239
                                                  Ireland
5.1 General                                 239
    5.1.1 Procedures                        241
    5.1.2 Documents                         242

5.2 Special Preference Categories           244
    5.2.1 Procedures                        245
    5.2.2 Documents                         245

6. LAWFUL STAY FOR DEPENDANTS               245

6.1 General                                 245
6.2 Procedures                              246
6.3 Documents                               247
                                        Immigration - An International Handbook - IRELAND




1. INTRODUCTION

An employer in Ireland is prohibited from employing a non-EEA national
without first having obtained the relevant permission to do so. Citizens from
within the EEA (subject to limited exceptions) who intend to work in Ireland do
not require such permission. Recent statistics show that the most common
nationalities applying for work permits in Ireland continue to be Indian and
Romanian, who together make up 50% of all work permit acceptances in
2010.

There are various procedures applicable in Ireland in relation to the
employment of a non-EEA national, depending on the particular
circumstances. Generally, an employer must demonstrate that it has made
every effort to recruit an Irish or EEA national for the position before
permission to employ a non-EEA national will be issued. The sectors
employing the greatest number of non-EEA nationals continue to be the
service industry, employing 40% of non-EEA nationals, and the medical and
nursing industry, employing 24%.

Ireland continues to restrict access to the Irish labour market for nationals of
Bulgaria and Romania. This decision is kept under ongoing review and will be
assessed comprehensively before the end of 2011. Accordingly, Bulgarian and
Romanian nationals will continue to require an employment permit to take up
employment in Ireland and the job will continue to be subject to the current
requirement for a Labour Market Needs Test. However, these employment
permit requirements apply only to the first continuous 12 months of
employment in Ireland. At the end of this 12-month period, a Bulgarian or
Romanian national will be free to work in Ireland without any further need for
an employment permit.

Note that an ‘employment permit’ is the general term used for all permits that
are required for work in Ireland. By contrast, a ‘work permit’ is a specific type
of employment permit and certain criteria must be met in order to be eligible
to apply for one, as explained below.

All citizens of non-EEA countries, whether they have acquired permission to
work in Ireland or not, are subject to immigration control at the point of entry
into Ireland.




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2. SOURCES    OF LAW                                                                     3.4 Documents
                                                                                         When applying for a business visa, the following documents must be
The Employment Permits Acts 2003 and 2006 regulate the employment                        submitted:
permit regime in Ireland. The Immigration Act 2004 controls entry into Ireland,
the status, duration and conditions of the stay and the obligations of foreign           •   a fully completed and signed application form
nationals while they are there. Most recently, the Immigration Act 2004 (Visas)          •   a passport (valid for six months after the intended date of departure from
(No 2) Order 2009 amended the list of countries whose nationals do not                       Ireland
require a visa to enter Ireland.                                                         •   a letter from the individual’s employer confirming that he or she is under
                                                                                             taking this trip on the organisation’s behalf, the purpose of the visit, dates
                                                                                             and outlining who will be responsible for the full costs of the trip – travel,
3. VISITORS   FOR BUSINESS PURPOSES                                                          accommodation, expenses etc. and proof that the individual will be
                                                                                             returning to that employment following the visit
3.1 Visas                                                                                •   a letter from the Irish organisation confirming the visit, dates, reasons for
Statutory Instrument 453 of 2009 lists those foreign nationals who do not                    the visit, details of who will meet the costs of the trip, accommodation
require a visa to enter Ireland. All other foreign nationals are required to obtain          details, and full contact details.
a visa before entering Ireland, even for a short business trip.
                                                                                         All letters submitted should be on official organisation headed paper and give
3.2 Permitted Activities                                                                 full contact details for verification purposes. Full postal address, name of
There are two categories of business visitor visa: these are a ‘business visa’ or        contact, position in the organisation, telephone number (landline) and email
a ‘conference visa’. Under these visas, an entrant may stay in Ireland for a             address must be included where relevant.
period of 90 days. Generally, visas are granted for a single journey but a
multi-entry visa may also be granted if an individual needs to travel regularly          Evidence of a prior link between both organisations and of communications
to Ireland on short visits for business meetings. Evidence of this requirement           between them regarding the visit is also helpful. If the individual is responsible
from the individual’s employer and the organisation in Ireland with whom the             for the cost of the trip, then evidence of his or her finances in the form of a
individual is engaging in business would be required. Issuance is at the                 bank statement covering a six-month period will be required and an
discretion of the visa officer.                                                          explanation as to why the individual is undertaking the trip at his or her own
                                                                                         expense must be furnished. The requirements may vary from time to time and
3.3 Procedures                                                                           the most recent requirements should be checked prior to submitting an
An online application facility is available for visa applications worldwide. Details     application.
of where to send the supporting documentation and any fees payable are
available online.                                                                        Visa requirements for conference delegates are similar to business visa entrant
                                                                                         requirements, however, the relevant parties must furnish details of the
Applications are processed following their arrival in the visa section in Dublin.        conference. It is also helpful if the conference organisers notify the department
However, to avoid delays in the issue of the visa, it is advised that all applications   in advance, furnishing all details of the conference and a list of delegates,
are made at least eight weeks prior to the expected departure date and that all          indicating any guest speakers and delegates whose attendance is vital.
supporting documentation is included with the application.

Original documents should be submitted. Where these are not in English they
should be accompanied by a notarised translation and all documents must be
clear and legible.




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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                        Van der Elst Cases
                                                                                  The European Court of Justice delivered a judgment in the Van der Elst Case
4.1 General                                                                       (Freedom to Provide Services) on 9 August 1994. The Court ruled that non-EEA
                                                                                  workers legally employed in one Member State, who are temporarily sent on
Non-EEA nationals                                                                 a contract to another Member State, do not need to apply for employment
The following non-EEA nationals who have been granted permission to remain        permits for the period of contract.
do not need to obtain a work permit:
                                                                                  Working Visa/ Work Authorisation Scheme
•   the spouse or dependant of an Irish or EEA national                           Although the Working Visa/Work Authorisation Scheme has ceased with
•   the parent of an Irish citizen                                                effect from 31 December 2006, current working visa/work authorisation
•   a person granted permission temporarily on humanitarian grounds, having       holders can continue to work under their current visas or work authorisations
    been in the asylum process                                                    until such a date as they expire.
•   a person granted permission from the Department of Justice, Equality
    and Law Reform                                                                4.2 Procedures
•   a person granted permission as a result of obtaining business permission      For many of the above categories there is no requirement to apply for an
    to operate a business in Ireland                                              employment permit or exemption from an employment permit. However,
•   a registered student.                                                         there may still be a visa required to enter Ireland. In some of the above cases,
                                                                                  applications will need to be made and procedures followed and therefore the
Swiss Nationals                                                                   requirements will vary depending on which of the above applies to the
The European Communities and Swiss Confederation Act 2001, which came             individual. For example, to avail of the US work and travel authorisation, an
into operation on 1 June 2002, enables the free movement of workers               application should be made to the appropriate Irish embassy in the US.
between Switzerland and Ireland, without the need for employment permits.
                                                                                  4.3 Documents
Medical professionals                                                             The documents required will vary in each of the above cases, depending on
A number of bodies in Ireland recently agreed revised arrangements regarding      whether an application is required and the requirements of the specific
employment permits for non-EEA doctors who are recruited to the Irish Public      category.
Health Service. Certain doctors in trainee specialist divisions and non-EEA
non-consultant hospital doctors (with a job offer as a Senior House Officer or
Registrar in the Public Health Service) do not require a work permit.             5. WORK PERMITS

Working Holidays in Ireland                                                       5.1 General
Working holiday authorisations (WHA) are available to young people who are        In order to work in Ireland a non-EEA national (unless exempted) must hold a
citizens of Argentina, Australia, Canada, Hong Kong, Japan, New Zealand and       valid employment permit. The issue of an employment permit requires a job
the Republic of Korea. These working holiday schemes are intended for use by      offer from an Irish employer. Applications, which in most cases can be
young adults who wish to stay in Ireland for an extended holiday and who may      submitted by either the employee or employer, are considered under the
work casually in order to fund their stay.                                        Employment Permits Acts 2003 and 2006.

There is also a new agreement with the US government that will enable US          In the case of a work permit, the holder of the permit is only permitted to
citizens to work and travel in Ireland for up to 12 months. In order to qualify   work for the employer and in the employment stated on the permit. Should
for the program participants should be in post secondary education or have        the employee named on the permit, for any reason, cease to be employed by
recently graduated (i.e. within the last 12 months).                              the employer and in the employment stated on the permit during the period
                                                                                  of validity specified, the permit and any copies thereof must be returned



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immediately to the Employment Permits Section. In the case of Green Card                Intra-Company Transfer permits
Permits, Intra-Company Transfer Permits and Spousal and Dependant Permits               This scheme is designed to facilitate the transfer of senior management, key
referred to below, some of the specific rules, applicable to work permits, may          personnel or trainees who are foreign nationals from an overseas branch of a
be dis-applied or relaxed. It is an offence for both an employer and an employee        multinational organisation to its Irish branch. This type of permit is strictly
to be party to the employment of a non-EEA national without a valid                     limited to senior management, key personnel or those undergoing a training
employment permit.                                                                      programme. The employee or transferee must be earning a minimum annual
                                                                                        salary of EUR 40,000, and must have been working for a minimum period of
All foreign nationals who are not citizens of the EEA, who are intending to stay        12 months with the overseas organisation prior to transfer.
in Ireland for more than 90 days, must register with An Garda Síochána for a
residency permit and at all times have a valid registration certificate in the form     The Intra-Company Transfer permit would entitle the host organisation to
of a ‘GNIB (Garda National Immigration Bureau) Card’.                                   employ the foreign national in question for the duration of the permit. The
                                                                                        employee or transferee cannot work for any employer other than that named
There are four main types of employment permit:                                         in the permit.

Work permit                                                                             Normally the number of intra-company transferees should not exceed 5% of
There are two categories of application based on salary level. Firstly, where the       the total Irish workforce in an organisation, although in exceptional
annual salary (excluding bonuses) on offer is EUR 30,000 or more, the work              circumstances such as small firms or start-up companies, a higher percentage
permit can be considered for all occupations other than those that are contrary         may be permitted on a strictly temporary basis with an absolute limit of 50%
to the public interest or listed as ineligible occupations (see below). Secondly,       non-EEA staff.
work permits will only be considered in exceptional cases for occupations with
an annual salary below EUR 30,000. Permission will not be considered for                Dependants and Spousal permits
occupations listed as ineligible. There is a long list of ineligible occupations,       This scheme allows the spouses and dependants of certain categories of
including clerical and administration operatives, labourers, domestic workers,          employment permit holders to apply for an employment permit to work in
sales staff etc.                                                                        Ireland. Spouses and eligible dependent unmarried children, who have been
                                                                                        admitted to Ireland as family members of the employment permit holder, may
Green Card permit                                                                       apply under this scheme. Spouses and dependants should note that it is illegal
The Green Card permit allows for employment in Ireland by the named                     to work in Ireland without a valid employment permit. Spouses and
employer in the occupation specified on the permit.                                     dependants eligible under this scheme will have relative ease of access to
                                                                                        employment in Ireland.
Applications may be made in respect of two categories based on salary level.
Firstly, where the annual salary (excluding bonuses) is EUR 60,000 or more, the         5.1.1 Procedures
Green Card Permit is available for all occupations, other than those that are           All applications for work permits should be submitted to the Department of
contrary to the public interest. Secondly, Green Card Permits are available             Enterprise, Trade and Innovation with the original documentation in English or,
where the annual salary ranges between EUR 30,000 and EUR 59,999                        if not in English, with a certified translation attached.
(excluding bonuses) for a restricted number of strategically important
occupations. Currently, certain occupations in Information Technology,                  Work Permit
Healthcare, Industry (Professional Engineers and Technologists), Education
(Researchers and Natural Scientists) and financial fields are all eligible. This list   •   a vacancy, in respect of which an application for a work permit is being
changes from time to time.                                                                  made, must be advertised with the FÁS/EURES employment network for at
                                                                                            least eight weeks and additionally in local and national newspapers for six
Employment permits under the Green Card Scheme will not be granted to                       days. This is to ensure that the vacancy has been advertised in the local and
organisations where, as a consequence of granting the permit, more than                     wider EEA labour market, and no other EEA citizen can fill the vacancy.
50% of employees in the organisation would be non-EEA nationals.


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    Evidence that this has been done must be included with the application.       •   evidence of the employee’s certified qualifications
    (This is what is known as a Labour Market Needs Test and applies to work      •   for medical professionals only, a copy of the registration with the
    permits only)                                                                     appropriate medical body or validation of qualifications from the
•   work permits may be applied for by the employee or the employer and are           Department of Health and children should also be attached
    granted for up to 24 months and, in the case of renewal, for up to 36         •   payment of the appropriate processing fee.
    months. After five years the work permit can be renewed indefinitely.
                                                                                  Green Card Permit
Green Card Permit                                                                 The following documents should be submitted when applying for a Green
                                                                                  Card Permit:
•   no Labour Market Needs Test is required
•   Green Cards may be applied for by the employer or the employee and            •   a fully completed new employment permit application form specifying
    are granted for an initial period of two years, with possible permanent           that it is a Green Card application, including all relevant documentation.
    residence granted after two years.                                                The form must be signed by both the employer and the employee
                                                                                  •   a passport (which must be in date and valid for three months after the
Intra-Company Transfer Permit                                                         proposed expiry date of the Green Card)
                                                                                  •   the original job offer, with a duration of two years or more, on
•   the application may only be made by the host organisation in Ireland,             organisation headed paper and dated within the previous 60 days and
    which must be registered and trading in Ireland                                   specifying:
•   no Labour Market Needs Test is required                                           - a full description of the proposed employment
•   permits are granted for a maximum of 24 months and may be extended to             - the start date
    a maximum stay of five years                                                      - the annual salary excluding bonuses
                                                                                      - information in respect of the qualifications, skills or experience
Dependants and Spousal Permit                                                             required for the employment
                                                                                  •   documentary evidence of the employee’s certified qualifications. If the
•   either the employee or the employer can make the application                      original documentation is not in English, a certified translation is also
•   permits are normally granted up to the expiry of the spouse’s permission to       required for medical professionals only, a copy of the registration with
    remain and can be renewed thereafter                                              the appropriate medical body or validation of qualifications from the
•   easier access to employment in Ireland is granted to persons applying             Department of Health and children should also be attached
    for Spousal Permits                                                           •   payment of the appropriate processing fee.
•   no Labour Market Needs Test is required
•   no fee is charged.                                                            Intra-Company Transfer Permit
                                                                                  The following documents must be submitted when applying for an
5.1.2 Documents                                                                   Intra-Company Transfer Permit:

Work Permit                                                                       •   a fully completed new employment permit application form submitted
The following documents must be submitted when applying for a work                    by the host organisation with supporting documentation
permit:                                                                           •   two passport-sized photographs of the proposed transferee
                                                                                  •   a copy of the passport of the proposed transferee
•   a fully completed new employment permit application                           •   documentary evidence of the link between the host and overseas
•   a passport (valid for at least three months after the proposed expiry date        organisations
    of the work permit)                                                           •   evidence that the host organisation is trading in Ireland
•   evidence that a Labour Market Needs Test has been undertaken for the          •   payment of the appropriate processing fee.
    vacancy


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Dependant and Spousal Permit                                                       extension to their current student permission (stamp 2) for a six-month period
The following documents must be submitted when applying for a Dependant            from when they receive their exam results.
or Spousal Permit:
                                                                                   5.2.1 Procedures
•   a fully completed new employment permit application form specifying            An application for permission to remain under the Graduate Permit Scheme
    that it is a Dependant and Spousal application, including all relevant         may be made at the foreign national’s local Garda Síochána registration office
    documentation                                                                  or Garda National Immigration Bureau.
•   a valid passport, which must be in date and valid for three months after
    the proposed expiry date of the Dependant and Spousal permit                   A person granted an extension to their permission to remain under this
•   a covering letter confirming that this is a Dependant and Spousal              Graduate Permit Scheme is subject to the terms and conditions of that person’s
    application, providing details of the names and occupations of both            current student permission during the six-month period. During the six-month
    spouses and/or dependants                                                      period the person shall be allowed to work for up to 40 hours per week
•   a copy of the relevant passport pages of the existing employment               without an employment permit, but cannot engage in self-employment or
    permit holder showing the most recent immigration stamp; the                   operate a business in Ireland.
    employment permit (in the case of a work visa or work authorisation
    holders) and the most recent visa (where appropriate)                          5.2.2 Documents
•   a copy of the employment permit of the existing employment permit              The following documents must be submitted when applying for a Graduate
    holder                                                                         Permit:
•   a copy of the registration card, issued by the Garda National Immigration
    Bureau, of the existing employment permit holder                               •   an original letter signed by the College Registrar (on the headed paper of
•   a letter, dated in the last three months, from the employer of the                 the College) stating that the foreign national has completed the course of
    existing employment permit holder, confirming how long they are in                 study satisfactorily and the qualification gained
    employment with them, their job title and salary                               •   a valid passport;
•   a marriage certificate in respect of an application for a spouse, or a birth   •   the current Certificate of Registration issued by the Garda National
    certificate in respect of an application for a dependant.                          Immigration Bureau
                                                                                   •   the appropriate fee must also be submitted when making the application.
5.2 Special preference categories
As can be seen from above, Green Cards, Intra-company Transfers and
Dependant and Spousal Permits are given preferential treatment to general          6. LAWFUL   STAY FOR DEPENDANTS
work permit applications. The procedures and documents required in applying
for the same are set out above. In addition to the above, a limited permit is      6.1 General
available to graduates as a special preference category.                           Non-EEA national spouses or dependants of employment permit holders will
                                                                                   require permission to reside in Ireland and this will usually be granted up to the
Graduate Permit                                                                    expiry date of the spouse’s permit.
The purpose of this scheme is to allow legally resident non-EEA third level
graduates to remain in Ireland for the purpose of seeking employment and           The spouse of a ‘qualifying sponsor’ whose marriage is subsisting on the date
applying for an employment permit. A non-EEA student who has, on or after          of the application, or the dependent unmarried child of the sponsor (under 18
1 January 2007, acquired a relevant degree or diploma from an Irish third level    years), may apply for a permission to reside for the purposes of family
educational institution will be permitted to apply for the Graduate Permit         reunification, provided they can show that the qualifying sponsor fulfils the
Scheme. The student, at the time of application, must hold a current               minimum income requirement where relevant.
Certificate of Registration issued by the Garda National Immigration Bureau.
Persons who qualify under this scheme will be granted one non-renewable



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A ‘qualifying sponsor’ is a non-EEA national who is:                                A family member of a permit holder may be entitled to work subject to the
                                                                                    issuance of a work permit by the Department of Enterprise, Trade and
•   a valid work permit holder and has been in employment for at least 12           Innovation, once they are legally resident in Ireland. See details of Dependant
    months prior to the date of application. He or she must be in full-time         and Spousal Permits above.
    employment on the date of application and have an income above the
    threshold which would qualify the family for payment under the Family           The spouse of a ‘qualifying sponsor’ whose marriage is subsisting on the date
    Income Supplement (FIS) Scheme administered by the Department of                of the application, or the dependent unmarried child of the sponsor (under 18
    Social and Family Affairs or                                                    years), may apply for permission to reside for the purposes of family
•   a Green Card Permit holder or                                                   reunification, provided they can show that the qualifying sponsor fulfils the
•   a qualifying researcher (scientific).                                           minimum income requirement where relevant.

Visa required nationals                                                             A ‘qualifying sponsor’ is a non-EEA national who is:
A visa for the purposes of family reunification may be applied for if the spouse
or dependant requires a visa. If a visa is granted for the purposes of family       •   a valid work permit holder and has been in employment for at least 12
reunification, it should be noted that a visa is a form of pre-entry clearance to       months prior to the date of application. He or she must be in full-time
Ireland only, and does not guarantee that the foreign national will be                  employment on the date of application and have an income above the
permitted to enter or remain in Ireland.                                                threshold which would qualify the family for payment under the Family
                                                                                        Income Supplement (FIS) Scheme administered by the Department of
The processing times for visa applications vary depending on the volume of              Social and Family Affairs; or
applications lodged and the time it takes for an application to reach the Visa      •   a Green Card Permit holder; or
Section in Dublin from the Embassy in which it was lodged. It is advisable to       •   a qualifying researcher (scientific).
allow as much time as possible when applying for a visa, but a minimum time
of eight weeks is recommended.                                                      6.3 Documents
                                                                                    The following documents must be submitted in connection with an application
6.2 Procedures                                                                      for permission to reside:
The Registration Authority is the Garda National Immigration Bureau.
Residency is granted by means of an endorsement stamp on the person’s               •   a valid passport
passport, and a residency document - a Certificate of Registration - is also        •   evidence that the foreign national has sufficient funds available with which
issued. Persons who wish to reside in Ireland for longer than 90 days must              to support himself or herself and any other dependants
register with their local Garda Registration Officer and apply for further          •   any information requested in connection with the purpose of the foreign
permission to remain before their initial leave to enter expires. One of the            national’s arrival in Ireland.
grounds upon which further permission to remain can be obtained is as a
dependant family member of an Irish or EEA national residing in Ireland. In         Visa required nationals
general, a stamp 3, which permits the person to remain in Ireland on                The following documents must be submitted when applying for a family
conditions that the holder does not enter employment, does not engage in any        reunification visa:
business or profession and does not remain later than a specified date, would
be granted to the Non-EEA spouse or dependant of an employment permit               •   the spouse of a qualifying sponsor must provide a marriage certificate.
holder. A stamp 4, which does not have such conditions attached, may be                 If the marriage took place after the qualifying sponsor took up residence
granted to a non-EEA family member of an EEA citizen or the non-EEA spouse              in Ireland, additional documents must also be provided. Where the foreign
of an Irish citizen. This is at the discretion of the Garda National Immigration        national is the dependent child (under 18 years) of a qualifying sponsor,
Bureau.                                                                                 evidence of the relationship such as a birth certificate, adoption papers or
                                                                                        the like must also be furnished. Sponsors and family members may be



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    required to present DNA evidence, obtained at their own expense and
    certified to the satisfaction of the Minister, in support of their claims to be
    related. Such evidence will not be sought unreasonably
•   evidence of finances of the qualifying sponsor (where he or she is the
    holder of an employment permit)
•   a copy of the sponsor’s current employment permit
•   a copy of the contract of employment of the qualifying sponsor of at
    least one year from the date of entry of the family member(s). The
    contract must also give the annual salary of the sponsor
•   a copy of the P60 and three recent consecutive payslips
•   a current passport, valid for at least one year from the proposed entry
    date to Ireland
•   a clear and legible copy of all pages of the qualifying sponsor’s passport a
    copy of the sponsor’s Certificate of Registration (a document issued by the
    Irish Immigration Authorities).




    248
1. INTRODUCTION                             253

2. SOURCES OF LAW                           253

3. VISITORS FOR BUSINESS PURPOSES           253

3.1 Visas                                   253
3.2 Permitted Activities                    254
3.3 Procedures                              254
3.4 Documents                               254

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   255

4.1 General                                 255
4.2 Procedures                              255
4.3 Documents

5. WORK PERMITS
                                            255

                                            255
                                                  Italy
5.1 General                                 255
    5.1.1 Procedures                        256
    5.1.2 Documents                         256

5.2 Special Preference Categories           257
    5.2.1 Procedures                        257
    5.2.2 Documents                         258

6. LAWFUL STAY FOR DEPENDANTS               260

6.1 General                                 260
6.2 Procedures                              260
6.3 Documents                               261
                                         Immigration - An International Handbook - ITALY




1. INTRODUCTION

Each year the ‘Italian Immigration Decree’ determines a specific number of
non-EU citizens, categorised by citizenship and profession, who can enter Italy
for employment reasons, in line with the quota system.

The Italian Government has also introduced a new online procedure for filing
and submitting application forms, thus making the application process more
accessible and easier.


2. SOURCES    OF LAW


The following are the main sources of law governing Italian immigration
legislation and procedures:

•   Consolidated Immigration Act on Provisions governing immigration and
    alien status - Legislative Decree no 286 of 25 July 1998, as modified by Law
    189 of 30 July 2002
•   Inter-Departmental Decree on visas issued on 12 July 2000, by the Ministry
    of Foreign Affairs
•   Decree of the President of the Republic (‘DPR’) no 334 of 18 October 2004
    - a regulation amending and supplementing DPR no 394 of 31 August
    1999, in respect of immigration matters
•   Legislative Decree no 30 of 6 February 2007 concerning the rights of EU
    citizens and their relatives to circulate and stay in the territories of the
    Member States; and circular no 19 of 6 April 2007 of the Internal Ministry
•   Legislative Decree no 3 of 8 January 2007, concerning the application of
    the EU Directive 2003/109/EC regarding the status of citizens from third
    countries staying in one Member State for a long period
•   Law no 68 of 28 May 2007 and the respective Ministerial Decree,
    regulating the new rules for brief stays for visits, business, tourism and
    study (less than three months)
•   Legislative Decree no 6 of 3 October 2008, concerning family reunification
•   EC Regulation no 810 of 13 July 2009, establishing a Community Code on
    Visas.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
The Italian Ministry for Foreign Affairs considers the following categories of
workers as visitors for business purposes: economic-commercial operators,


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fashion models and television, radio or film crew. Foreign nationals who enter          •   a travel agenda indicating the scheduled business contacts, or a letter
Italy as visitors for business purposes are not permitted to carry out any work             of invitation from an Italian organisation or a fashion agency, or a written
activities.                                                                                 request from an employer or organisation indicating the purpose of the
                                                                                            visit, as well as the agenda and lodging arrangements
As a general rule, most foreign nationals require a visa to enter and work in           •   proof of financial means of support as per the Ministry of Interior Directive
Italy (except for EU, EEA and Swiss nationals, or non-EU citizens with a valid              of 1 March 2000
Schengen visa).                                                                         •   a health insurance policy with a minimum coverage of EURO 30,000 for
                                                                                            emergency hospital and repatriation expenses
Foreign nationals from the following countries are not required to hold a visa,         •   for economic-commercial operators only: a local document demonstrating
even if entering the country for business purposes, if their stay does not                  their status as an economic-commercial operator (e.g. a business licence or
exceed 90 days: Andorra, Argentina, Australia, Brazil, Brunei, Canada, Chile,               a Chamber of Commerce certificate).
Costa Rica, El Salvador, Guatemala, Honduras, Hong Kong, Israel, Japan,
Malaysia, Macao, Mexico, Monaco, New Zealand, Nicaragua, Panama,
Paraguay, South Korea, Singapore, the United States of America, Uruguay and             4. WORKERS    WHO MAY NOT NEED WORK PERMIT
Venezuela.
                                                                                        4.1 General
For further details, a list of the nationalities that need a visa to enter Italy, on    Article 27 of the Immigration Act and DPR no 394 of 1999, provide an easier
the basis of the duration and reasons for the visit, is available on the website        procedure for the entry of some categories of workers, such as: university
of the Ministry for Foreign Affairs, which is at: http://www.esteri.it/.                professors, lecturers or researchers; translators and interpreters; persons who
                                                                                        perform temporary periods of vocational training; international exchange
3.2 Permitted Activities                                                                students who attend the facilities of Italian employers within the scope of an
Visitors for business purposes are allowed to enter and travel in Italy in order        educational programme; professional nurses hired by public or private
to pursue their economic and commercial aims, and to create new contacts or             health-care organisations; professional sportsmen or sportswomen;
conduct negotiations. They are permitted to learn or verify the operation and           show-business workers; au pairs; and students. The number of these kinds of
use of goods in order to implement commercial and industrial-cooperation                workers is not limited by the quota system.
contracts in Italy (e.g. they may attend business meetings, congresses, fairs,
etc.). It is important to note that the activities carried out in Italy must strictly   4.2 Procedures
correspond to the type of permit obtained.                                              Procedures differ from case to case, depending on which authorities deal with
                                                                                        the specific kind of work.
3.3 Procedures
Visitors for business purposes who need a visa must apply for one at the Italian        4.3 Documents
Diplomatic and Consular Representations in their country of residence.                  As with the procedures, the required supporting documentation also differs
                                                                                        from case to case
3.4 Documents
The following documents need to be submitted when applying for a visa:
                                                                                        5. WORK PERMITS
•   a visa application form
•   a recent passport-style photo                                                       5.1 General
•   a passport or travel document that is valid for at least three months after         For open-ended and fixed term work, an Italian work visa is compulsory. A
    the visa expiry date                                                                work visa is released on the basis of a work authorisation, which must have
•   a return-trip booking or ticket, or proof of available means of personal            been requested and obtained in Italy by the Italian employer, within the
    transport                                                                           governmental quotas limiting the number of non-EU and non-EEA citizens



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allowed to enter and work in Italy (Article 21 of the Immigration Act). In fact,    The foreign national must also provide general information, e.g. his or her
according to Article 3 the Immigration Act, each year the Italian government        name, surname, date of birth, nationality and permanent address.
must enact a decree that fixes the annual quota of non-EU citizens who can
enter Italy for work purposes. The decree establishes a fixed number of slots       5.2 Special preference categories
for self-employed workers, seasonal workers and employees. Some slots can
be reserved, in accordance with international agreements, for the incoming          Secondment of executives and highly qualified workers
workers of a specific nationality.                                                  This is governed by Article 27(a) of the Immigration Act. The quota limit is not
                                                                                    binding on this category.
In any event, non-EU, non-EEA and Swiss citizens cannot be employed
without first being granted a visa allowing them to work in Italy.                  Secondment of highly skilled staff
                                                                                    This concerns the secondment of employees of organisations or companies
5.1.1 Procedures                                                                    operating in Italy, who are temporarily admitted to perform specific functions
As a general rule, it is the employer who completes the application. First, they    for a limited period of time. This category is governed by Article 27(g) of the
must apply to the Immigration Office for the authorisation (‘nulla osta’) to        Immigration Act. The quota limit is not binding on this category.
work. Next, the foreign national must apply for a visa at the Italian Consulate
in his or her country of residence. Then, within eight days of entry into Italy,    Service contract
he or she must go to the Immigration Office that released the authorisation         This concerns the secondment of employees of organisations, if the
and sign a contract of stay. The Immigration Office will also release an            headquarters are located abroad. The foreign nationals are transferred
application form for a permit of stay. This must be forwarded via a post office.    temporarily to organisations located in Italy in order to carry out services as a
The ‘Questura’ (provincial police authority’s headquarters) will then deliver the   result of a contract. This cateogry is governed by Article 27(i) of the
permit of stay to the foreign national.                                             Immigration Act. The quota limit does not apply to this category.

5.1.2 Documents                                                                     Entry permit for self-employed work purposes
In order to obtain the authorisation, the employer, must submit the following       This permit is granted to a fixed number of non-EU citizens, the number being
documents to the Immigration Office:                                                fixed by the annual quota decree. The permit covers the following categories:
                                                                                    entrepreneurs (business persons) carrying out activities that are of interest
•   evidence of the existence of suitable accommodation for the foreign             to the Italian economy; freelancers; members and administrators of
    national                                                                        non-cooperative organisations; world famous and professionally highly
•   a copy of the relevant section of the employment contract                       qualified artists engaged by public or private entities; and craftsmen. The
•   a statement by the employer guaranteeing that it will communicate any           foreign nationals in this category must come from non-EU countries that
    variations to the working relationship with the foreign national to the         contribute financially to the investments made by their citizens in Italy.
    Immigration Office.
                                                                                    EC long stay visa
In order to obtain the visa, the foreign national must provide the following        This consists of an open-ended visa, which allows the foreign national to
documents:                                                                          perform any kind of work in Italy.

•   a travel document (usually a valid passport)                                    5.2.1 Procedures
•   evidence supporting the reason for the application (e.g. documentation
    justifying the reasons for and duration of the business stay, a copy of the     Secondment of executives and highly qualified workers
    Italian work authorisation, proof of family status and a copy of the            The procedures to follow in order to obtain the related visa and permit of stay
    university admission).                                                          are the same as for the normal work permit.




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Secondment of highly skilled staff                                                   Secondment of highly skilled staff
The procedures to follow in order to obtain the related visa and permit of stay      The documents to be submitted are the same as for the normal work permit.
are the same as for the normal work permit.                                          In particular, evidence of an annual minimum income, not lower than
Service contract                                                                     that which is set by the CBA for the same categories of workers, must be
In the first instance, the organisation (i.e. the employer) must contact the         provided.
relevant labour unions concerning the objective, place and duration of the
service contract, together with the qualifications and duties of the seconded        Service contract
workers. The rest of the procedures for obtaining the visa and the permit of         The following documents must be submitted when making an application:
stay are the same as for the normal work permit.
                                                                                     •   documents comprising all communication in relation to the labour unions
Entry permit for self-employed work purposes                                         •   all the other documents that must be submitted for the normal work
The entry permit application for self-employed work purposes must be                     permit.
submitted to the Italian diplomatic representation in the country in which the
foreign national has the citizenship. The categories of self-employed workers        Entry permit for self-employed work purposes
who are allowed to enter Italy, the relevant quota figures and any additional        The following documents must be submitted when making the application:
quotas that may be set for specific nationalities are specified in the
‘Immigration Quota Decree’.                                                          •   evidence of adequate financial resources to run the business that the
                                                                                         foreign national wishes to start
The foreign national, or someone acting by proxy, is required to submit a prior      •   evidence of satisfaction of the legal requirements for running specific
declaration accompanied by a copy of both the application and the enclosed               businesses (e.g. professional qualifications and enrolment on professional
documents to the ‘Questura’ with territorial jurisdiction. Then, the Questura            registers.)
will release an authorisation for the performance of the self-employed work.         •   a ‘Certificate of No-Impediment’ from the competent Authority, testifying
The foreign national is then required to submit this permit, accompanied by a            that there are no impediments to the issuing of a business licence or
copy of the relevant documents, to the Italian consular representation, in order         permit, dated no more than three months prior to the date that the
to obtain the visa.                                                                      foreign national submits his or her application. Someone acting by proxy
                                                                                         can also apply for the ‘Certificate of No-Impediment’
EC long stay visa                                                                    •   evidence of the availability of independent accommodation
A foreign national who has held a valid permit of stay for at least five years can   •   evidence of guarantees issued in favour of the foreign national by
apply to the ‘Questura’ to obtain this visa.                                             organisations, Italian citizens or foreign nationals having a legal permit to
                                                                                         stay; alternatively, documents certifying an annual income exceeding the
5.2.2 Documents                                                                          minimum level required for exemption from health service charges.

Secondment of executives and highly qualified workers                                EC long stay visa
The documents to be submitted and the procedures to be followed, are                 The following documents must be submitted when making the application:
the same as for the normal work permit, namely: evidence of suitable
accommodation and evidence of an annual minimum income, not lower than               •   evidence of suitable accommodation
that which is set by the relevant collective bargaining agreement (‘CBA’) for        •   evidence of an annual minimum income that must derive from legal
the same categories of workers.                                                          sources and that must be no lower than the annual amount of the
                                                                                         social allowance
                                                                                     •   a valid permit of stay released at least five years previously.




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6. LAWFUL     STAY FOR DEPENDANTS                                                     6.3 Documents
                                                                                      The application must be supported by the followings documents and
6.1 General                                                                           information:
A foreign national who has obtained an EC long-term permit of stay, a permit
of stay for at least one year or a work or study visa, can apply to obtain:           •   annual minimum income: this must be derived from legal sources and must
                                                                                          be no lower than the annual amount of the social allowance, plus half of
•   family reunification                                                                  the amount of the social allowance per person to be reunited
•   joint entrance.                                                                   •   a reunification request for a parent over 65 years old: healthcare insurance
                                                                                          is required, or other appropriate protection, which should guarantee cover
These applications can be submitted for the following categories of relatives:            against all types of risks in Italy. Alternatively, voluntary registration with
                                                                                          the National Health Service (‘Servizio Sanitario Nazionale’) by paying a fee
•   spouses, who are not legally divorced and who are over 18 years old                   fixed by the government is requested
•   children under 18 years old, stepchildren or children born out of wedlock,        •   the accommodation must be congruent with the house building standards,
    on condition that the other spouse, if present, gives consent. Additionally,          as shown by the certificate released by the Local Authority Office or the
    adopted children under 18 years old, assigned children or children under              certificate of sanitary and hygienic suitability released by the ‘ASL’ (the local
    protection, who are considered equal to one’s own children                            health office)
•   dependent children over 18 years old who cannot take care of themselves           •   a certificate from the Registry Office concerning reunification, stating the
    because their health status amounts to total invalidity (100%)                        family relationship, which can be presented directly in the home country by
•   dependent parents, only if they have no other sons or daughters in their              the person concerned. Such a certificate must be translated, legalised and
    country of origin or provenance                                                       validated by the Italian Consular Authority of the home country or country
•   parents over 65 years old, only if their sons or daughters are unable to              of origin of the foreign national. If there are doubts concerning the truth
    support them because of documented, serious health problems.                          of the family relationship, verifications are activated (e.g. a DNA test at the
                                                                                          foreign national’s expense).
6.2 Procedures
The procedures and documents to be submitted are identical to those for
family reunification and joint entrance. An entry visa and permit of stay are
required for the relatives of the foreign national. The application to obtain the
visa must be completed on-line on the web site of the Ministry for Home
Affairs and the related documents must be submitted to the Immigration
Office. If all the conditions are satisfied, the Immigration Office will then
release the necessary authorisation (‘nulla osta’) to obtain the visa from the
Italian Embassy in the country of origin.

Within eight days of their entry, the relatives must report their presence in Italy
to the Immigration Office, which will then fill in and release the permit of stay
application form. This must then be forwarded via a post office. The provincial
police authority’s headquarters will then deliver the permit of stay to the
foreign national.




    260                                                                                                                                                                  261
1. INTRODUCTION                             265

2. SOURCES OF LAW                           265

3. VISITORS FOR BUSINESS PURPOSES           265

3.1 Visas                                   265
3.2 Permitted Activities                    265
3.3 Procedures                              266
3.4 Documents                               266

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   266

4.1 General                                 266
4.2 Procedures                              267
4.3 Documents

5. WORK PERMITS
                                            268

                                            268
                                                  Latvia
5.1 General                                 268
    5.1.1 Procedures                        268
    5.1.2 Documents                         269

5.2 Special Preference Categories           270
    5.2.1 Procedures                        272
    5.2.2 Documents                         272

6. LAWFUL STAY FOR DEPENDANTS               272

6.1 General                                 272
6.2 Procedures                              272
6.3 Documents                               272
                                         Immigration - An International Handbook - LATVIA




1. INTRODUCTION

Notwithstanding the fact that the immigration process has recently been
changed to make work permits cheaper and more effective, it is still very
bureaucratic and unpredictable, making it difficult for some immigrant
workers to come and work in the Republic of Latvia.

The immigration process is administered by the Office of Citizenship and
Migration Affairs (‘OCMA’).


2. SOURCES    OF LAW


The sources of law are the Latvian Immigration Law of 31 October 2002 (last
amended on 1 July 2010) and related regulations issued by the Cabinet of
Ministers (Visa Regulations, Residence Permit Regulations, and Regulations on
Work Permits, and others)


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Visitors for business purposes are not specifically defined in Latvian
immigration law, although they are usually foreign nationals who want to
establish business contacts in the Republic of Latvia and who visit to enter into
cooperation agreements with local organisations.

Foreign nationals, other than EU nationals and visa-exempt country nationals,
require a visa for entering the Republic of Latvia. The list of countries,
whose citizens are exempt from visa requirements according to
Council Regulation 2001/539/EC of 15 March 2001, is available on
http://www.pmlp.gov.lv/en/pakalpojumi/visa/list_countries.html

3.2 Permitted Activities
According to the OCMA, a visit for business purposes does not require third
country residents to obtain a work permit supplementary to a visa, if it is
related to establishing business contacts, conducting business negotiations,
concluding cooperation contracts, or visiting business forums and the like.




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3.3 Procedures                                                                         State are not required to apply for another one for the Republic of Latvia. In
There are individual and group visas that can be further classified as single-entry    such cases, a Latvian work permit will be issued automatically, without the
visas, double-entry visas and multiple-entry visas. Visas fall into the following      need to follow any of the usual procedures. The Latvian work permit will be
categories:                                                                            conditional upon the validity of the original work permit in the other EU
                                                                                       Member State.
•   category A Visa - airport transit visa
•   category C Visa - short-term visa                                                  Other situations when a Latvian work permit is not necessary are when the
•   category D Visa - long-term visa                                                   foreign national:

For the purposes of a foreign national’s business visit (except EU nationals and       •   has received a permanent residence permit for the Republic of Latvia
visa-exempt country nationals), the most convenient visa type is the category C        •   has received a temporary residence permit for residence related to a pupil
visa. This can be either an individual single-entry, double-entry or multiple-entry        or student exchange, internship or secondment in one of the educational
visa, or a group single-entry or double-entry visa. It enables a foreign national to       establishments of the Republic of Latvia. Alternatively, the exchange,
enter the Republic of Latvia within the specified period of time, once, twice or           practice or secondment can be in a commercial organisation that is
an unlimited number of times. He or she can stay for the term indicated in the             registered with the commercial register. The intended length of stay must
visa and must then depart from the country.                                                not exceed one year
                                                                                       •   has arrived in the Republic of Latvia for performing a tour (e.g. a concert
The maximum length of stay in the Republic of Latvia with a short-term visa must           tour) as a performer (a musician, singer, dancer, actor, circus performer
not exceed 90 days within any six-month period, starting from the date of entry.           etc.), an author (a composer, choreographer, director, scenographer etc.) or
Visas are issued by diplomatic and consular missions of the Republic of Latvia,            an administrative or technical worker to assist with the performance (e.g.
and in cases of visa extensions, by the OCMA.                                              of the concert) and the intended length of stay does not exceed 14 days
                                                                                       •   arrives in the Republic of Latvia on the basis of an invitation from an
3.4 Documents                                                                              educational or scientific institution, or individual scientist, in relation to
Upon requesting a visa, the foreign national must present a valid travel                   scientific research or participation in the implementation of an educational
document, the validity period of which must exceed the requested visa term                 programme. The intended length of stay in the Republic of Latvia must not
by at least three months, and must submit:                                                 exceed 14 days
                                                                                       •   has received a European Community long-term resident residence permit
•   a completed and signed visa application form with a photo                              in the Republic of Latvia
•   a copy of a document attesting that the person has a health insurance              •   has received a temporary residence permit for a specified period of time,
    policy                                                                                 provided by the scientific co-operation agreement entered into between
•   a copy of a ‘summons’ (i.e. invitation) submitted by the host/employer to              the scientific institutions that are included in the register of scientific
    the OCMA                                                                               institutions. The temporary residence permit must not exceed five years
•   a document confirming payment of the fee.                                          •   is a crew member of a ship, which performs international voyages and is
                                                                                           registered in the Latvian Ship Register.
The visa issuing authority has the discretion to request the submission of any
additional documents that it finds necessary.                                          4.2 Procedures
                                                                                       Any of the above-listed foreign nationals is entitled to enter the Republic of
                                                                                       Latvia if he or she has a valid visa or residence permit issued by the Republic
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                             of Latvia or other Schengen area country.

4.1 General
Foreign nationals who already hold a work permit for any other EU Member



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4.3 Documents                                                                       If the foreign national will work under an employment contract, the inviting
Apart from a valid visa or residence permit, the foreign nationals listed in 4.1    organisation must first draft a vacancy announcement and publish it in the
above, must have valid health insurance and sufficient financial means.             database of the State Employment Agency. This vacancy must be available for
                                                                                    at least one month and all unemployed residents of the Republic of Latvia
                                                                                    qualifying for this position will be entitled to apply for the position. Only if no
5. WORK PERMITS                                                                     qualified Latvian residents apply for the position will the inviting organisation
                                                                                    be permitted to invite third country citizens.
5.1 General
If foreign nationals of listed countries enter the Republic of Latvia with the      If the foreign national will provide services under an agreement, no vacancy
purpose of working, they may fall within the requirement to obtain a visa or        need be registered, and the inviting organisation can proceed with registration
residence permit. In principle, all foreign nationals, except EU nationals, who     of a ‘summons’ (i.e. an invitation) with the OCMA. Once it is registered, the
wish to work in Latvia, must apply concurrently for both a temporary residence      remainder of the process will be carried out by the foreign national, who must
permit and a work permit. However, in some cases the foreign national may           submit, in person, the documents required for a residence permit and a work
require a visa instead of a residence permit.                                       permit. The documents for a residence permit and a work permit can only be
                                                                                    filed outside the Schengen area countries, preferably in the home state of the
Visas and work permits are issued for a term of work of up to 90 days in a          foreign national. An exception would be in situations where the foreign
six-month period. They are issued to foreign nationals whose planned work in        national already has a residence permit in another country in the Schengen
the Republic of Latvia falls within one of the following categories, which          area. In such a case, he or she may file the documents in the Latvian Embassy
include, but are not limited to: work in state academic/scientific institutions,    of the relevant Schengen area country.
work as an IT specialist, a dancer, a singer, a performer, a company board
member or as the sole founder/shareholder of a company.                             Once all the documents have been submitted at the Latvian Embassy, the
                                                                                    Embassy will forward them to the OCMA, upon which the OCMA will review
A work permit is issued together with a residence permit and is subject to a        them and decide whether to grant the residence and work permits.
statutory fee of EUR 50 per year. No additional fee need be paid for a work
permit if it is extended by the annual renewal of a residence permit.               The schedule for completion of all the procedures is approximately three
                                                                                    months. However, in cases of urgency it is possible to request an expedited
The term for issuing work permits is closely related to the one for residence       procedure and if this is used the schedule is approximately two months.
permits. Since issuing a work permit is subject to receipt of a residence permit,
the term for reviewing documents is the same as for a residence permit: either      Residence permits can be requested for a period of up to five years.
five working days, ten working days or 30 calendar days, depending on the           Nevertheless, even if the OCMA issues a residence permit for more than one
amount of state fee paid for the review of the residence permit application.        year, the relevant insert that appears in the foreign national’s passport will be
                                                                                    granted for only one year and must therefore be renewed annually.
5.1.1 Procedures
The procedures vary depending on the reason the foreign national is coming          5.1.2 Documents
to the Republic of Latvia, i.e.:                                                    When applying for a residence permit and work permit together (an all-in-one
                                                                                    application), the foreign national must present a valid passport (the validity
•   to work under an employment contract; or                                        term of which must exceed the term of visit by at least three months) and
•   to provide services under a services agreement.                                 submit the following documents:

In other words, it will depend upon whether the foreign national will be            •   a standard application form with a photo
employed by a Latvian or a foreign organisation, which provides services in the     •   a copy of the ‘summons’ submitted by the host/employer to the OCMA
Republic of Latvia.                                                                 •   documents confirming the envisaged place of residence in the Republic of
                                                                                        Latvia (e.g. a lease agreement)


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•   an excerpt from the criminal records of the state where the foreign              accredit and supervise laboratory,
    national has been residing for the last 12 months (required only for those       certification and inspection institutions             x
    foreign nationals who require a visa for entering the Republic of Latvia)        IT specialists with consistent education
•   documents confirming sufficient financial means for daily expenses in the        and at least three years’ experience
    Republic of Latvia. According to the Regulations of the Cabinet of               in top-level position in IT branch                    x
    Ministers, the amount for daily expenses for foreign nationals is double
    that of the average salary for individual merchants, Management Board            Professional sportsmen, arriving
    members, or self-employed persons. It is equal to the average salary in the      upon invitation of sports club                        x                                   x
    Republic of Latvia for other employed persons. In May 2009 the average
    salary in Latvia was EUR 660                                                     Sports trainers                                       x                                   x
•   a document confirming the payment of the application fee.
                                                                                     Drivers for international freight shipment            x
Once the OCMA has taken a decision on issuing the residence and work
permit, the Embassy where the documents were submitted issues a visa to the          Workers in the regulated
foreign national for entry into the Republic of Latvia. Upon arrival in the          profession of civil aviation                          x
Republic of Latvia, the foreign national must collect the permits at the OCMA
within three working days, by presenting the following documents:                    Students of an educational institution
                                                                                     who have an internship in an accredited
•   a medical certificate, issued by a Latvian medical institution, confirming       educational institution of Republic
    that the foreign national does not have tuberculosis or any other illness        of Latvia or in a commercial organisation
    specified in the Regulations of the Cabinet of Ministers                         registered with the Commercial register               x                                   x
•   a valid health insurance policy.
                                                                                     Experts advising a state
5.2 Special preference categories                                                    or municipality institution                           x                                   x
The OCMA can issue work permits without needing to register a vacancy at
the State Employment Agency. They are issued to the foreign nationals listed         Management board members,
below, and are related to the term of their residence permit or visa (in the         council members, liquidators
latter case: if the employment is related to a short-term or irregular residence     and other persons entitled to represent
in the Republic of Latvia that does not exceed 90 days in a six-month period):       an organisation and registered
                                                                                     with the Commercial register                          x                                   x
                                                 Visa       Residence Permit
                                                                                     Persons, who have invested at least
Composers, musicians, singers,                                                       LVL 25,000 in share capital of a
choreographers, dancers, directors,                                                  commercial company and the company
actors, circus performers, technical                                                 has paid taxes to the state and municipal
workers involved in safeguarding                                                     budgets together in the amount of at least
the performance                                  x                               x   LVL 10,000 during the last financial year             x                                   x

Educators in an accredited                                                           Individual merchants                                                                      x
educational institution                          x                               x
                                                                                     Self-employed persons                                                                     x
Evaluators who evaluate,



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5.2.1 Procedures
In most cases, the work permit is issued by the OCMA. Upon entering the
Republic of Latvia, the foreign national must visit the OCMA within three
working days and collect his or her work permit.

5.2.2 Documents
The foreign nationals who are subject to the above listed exemptions need not
submit any additional documents other than for the application for a visa (see
section 3 above) or residence permit (see section 4 above), except if the
Embassy or OCMA requests additional ones.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
Dependants are not separately defined in the Latvian statutory acts relating to
immigration. Spouses and children are usually regarded as dependants of a
foreign national.

6.2 Procedures
The foreign national and each of his or her dependants must submit a
separate application form. However, all the documents must be filed together
at the same time.

6.3 Documents
Dependants must submit the same documents as the principal foreign
national, plus a document confirming their family relations.




   272
1. INTRODUCTION                             277

2. SOURCES OF LAW                           278

3. VISITORS FOR BUSINESS PURPOSES           278

3.1 Visas                                   278
3.2 Permitted Activities                    279
3.3 Procedures                              279
3.4 Documents                               280

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   280

4.1 General                                 280
4.2 Procedures                              282
4.3 Documents

5. WORK PERMITS
                                            283

                                            283
                                                  Lithuania
5.1 General                                 283
    5.1.1 Procedures                        284
    5.1.2 Documents                         284

5.2 Special Preference Categories           285
    5.2.1 Procedures                        286
    5.2.2 Documents                         286

6. LAWFUL STAY FOR DEPENDANTS               287

6.1 General                                 287
6.2 Procedures                              288
6.3 Documents                               288
                                      Immigration - An International Handbook - LITHUANIA




1. INTRODUCTION

As of 21 December 2007, Lithuania has been a part of the Schengen visa area.

Lithuania has modified its immigration legislation since 22 July 2009 and made
some changes to the Law on the Legal Status of Foreign Nationals in Lithuania
(4 August 2009). The purpose of the modification was to transpose the
following European directives:

•   2003/109/EC of 25 November 2003, concerning the status of
    third-country nationals who are long-term residents
•   2004/114/EC of 13 December 2004, on the conditions of admission of
    third country nationals for the purposes of study, pupil exchange,
    unremunerated training or voluntary service
•   2005/71/EC of 12 October 2005, on a specific procedure for admitting
    third-country nationals for the purposes of scientific research
•   2006/562/EC of 15 March 2006, concerning the rules that govern the
    movement of persons across borders (Schengen Borders Code).

The forthcoming transpositions to the Law on the Legal Status of Foreign
Nationals are:

•   Council Regulation (EC) No 380/2008 of 18 April 2008 amending
    Regulation (EC) No 1030/2002 laying down a uniform format for residence
    permits for third-country nationals
•   Regulation (EC) No 444/2009 of the European Parliament and Council of
    28 May 2009 amending Council Regulation (EC) No 2252/2004 on
    standards for security features and biometrics in passports and travel
    documents issued by Member States
•   Regulation (EC) No 767/2008 of the European Parliament and Council of
    9 July 2008, concerning the Visa Information System (‘VIS’) and the
    exchange of data between Member States for short-stay visas (VIS
    Regulation)
•   Directive 2008/115/EC of 16 December 2008, on common standards and
    procedures in Member States for returning illegally staying third-country
    nationals
•   Directive 2009/50/EC of 25 May 2009, on entry and residence conditions
    of third-country nationals for the purposes of highly qualified job positions
•   Regulation (EC) No 810/2009 of the European Parliament and Council of
    13 July 2009, establishing a Community Code on Visas (‘Visa Code’)
•   Directive 2009/52/EC of the European Parliament and Council of 18 June
    2008 providing for minimum standards on sanctions and measures against
    employers of illegally staying third country nationals


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•   Regulation (EU) No 265/2010 of the European Parliament and Council of            On 5 April 2010, the Community Code on Visas (Regulation (EC) No 810/2009
    25 March 2010 amending the Convention Implementing the Schengen                  of the European Parliament and Council) entered into force. The provisions of
    Agreement and Regulation (EC) No 562/2006 as regards movement of                 this Regulation apply to any third-country national who needs to have a visa
    persons with a long-stay visa.                                                   when crossing the external borders of the Member States, pursuant to Council
                                                                                     Regulation (EC) No 539/2001 of 15 March 2001.

2. SOURCES    OF LAW                                                                 A full list of situations when a foreign national needs to obtain permission to
                                                                                     work in Lithuania is provided in Article 58 of the Law on the Legal Status of
The main sources of law governing immigration in Lithuania are:                      Foreign Nationals in Lithuania. The conditions are specified in the Order of the
                                                                                     Minister of Social Security and Labour of Lithuania on the Approval of the
•   The Law on the Legal Status of Foreign Nationals in Lithuania (amended on        Regulation in respect of Terms and Conditions on the Issue of Work Permits for
    4 August 2009)                                                                   Foreign Nationals. Upon terminating lawful activities in Lithuania, a foreign
•   Order of the Minister of Social Security and Labour of Lithuania on the          national must depart from the country.
    Approval of Regulation in respect of the Terms and Conditions on the Issue
    of Work Permits for Foreign Nationals (which came into force 19 August           3.2 Permitted Activities
    2009)                                                                            In addition to the above conditions, business visitor entrants who do not need
•   Order of the Minister of Social Security and Labour and the Minister of the      to obtain a work permit are allowed to engage in business dealings for not
    Interior of Lithuania on the Approval of Regulation in respect of Terms and      more than three months per year, if they relate to negotiations for making and
    Conditions on the Issue of Work Permits for Foreign Nationals residing in        implementing a contract, personnel training and the establishment of
    Lithuania.                                                                       commerce and equipment installation.

                                                                                     A foreign national who periodically visits Lithuania to work or engage in any
3. VISITORS   FOR BUSINESS PURPOSES                                                  other lawful activity and whose main place of residence is in a foreign country
                                                                                     will be issued a multiple entry national visa for one year.
3.1 Visas
The different types of visa are:                                                     3.3 Procedures
                                                                                     Article 45 of the Law on the Legal Status of Foreign Nationals in Lithuania
•   Schengen visa, the various sub-types of which are:                               describes the procedure for issuing a temporary residence permit to a foreign
    - airport transit visa (visa A)                                                  national who intends to engage in lawful activities. This Regulation also
    - short-stay visa (visa C)                                                       describes the activities allowed for visitors for business purposes. Such a
•   national visa (D).                                                               permit may be issued for a period of one year, on the following conditions:

As a general rule, foreign nationals require a visa to enter and/or stay in          •   the foreign national should register himself or herself as the owner or
Lithuania. Citizens from EU Member States, Iceland, Liechtenstein, Norway                co-owner of an enterprise, agency or organisation in Lithuania, in which
and Switzerland do not require visas.                                                    the nominal value of his or her proportion of the authorised capital
                                                                                         comprises no less than LTL 50,000 (approximately EUR 14,500)
A list of the countries whose citizens do not need visas to enter Lithuania is set   •   the foreign national’s stay in Lithuania should be necessary in order to seek
out on page 32 of the Migration Yearbook 2009 (please visit                              to attain the aims of the enterprise, agency, or organisation and carry out
www.migracija.lt).                                                                       the necessary activities
                                                                                     •   the foreign national should be the head or an authorised representative of
The visa-free travel regime and a requirement to be in possession of a visa is           an enterprise, agency or organisation registered in Lithuania, if the
set out in Article 11 of the Law on the Legal Status of Foreign Nationals in             principal goal of his or her entry is to work at the enterprise, agency or
Lithuania (please visit www3.lrs.lt).                                                    organisation


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•   the foreign national should intend to engage in lawful activities in                of his or her proportion of the authorised capital held in the enterprise
    Lithuania, for which no work permit or permit to engage in certain                  must comprise no less than LTL 50,000 (approximately EUR 14,500). His or
    activities is required.                                                             her stay in Lithuania should be necessary for seeking to attain the aims of
                                                                                        the enterprise, agency, or organisation and carrying out the necessary
For the purpose of obtaining a visa (a Schengen or national visa), a foreign            activities. The foreign national should be the head or an authorised
national must apply to the overseas diplomatic missions and consular offices            representative of an enterprise, agency or organisation registered in
of Lithuania or to the overseas diplomatic missions and consular offices of             Lithuania, if the principal goal of his or her entry is to work at the
other Schengen Member States representing Lithuania.                                    enterprise, agency or organisation
                                                                                    •   if he or she visits Lithuania for not more than three months per year to
A foreign national wishing to obtain a visa must pay a consular fee of EUR 60.          engage in business dealings relating to negotiations for making and
                                                                                        implementing a contract, personnel training, establishing commerce, or
3.4 Documents                                                                           equipment installation
A foreign national should submit the following documents when applying for          •   if he or she is an employee of a foreign legal entity (except for non profit-
a visa:                                                                                 making ones), which is located in a Member State of the World Trade
                                                                                        Organisation (i.e. a non-EU Member State). The foreign national should be
•   a valid travel document                                                             transferred to a subsidiary enterprise, a branch office or an representative
•   a Schengen or a national visa application form                                      office of the legal entity, which should be registered in Lithuania and
•   one recent colour photo (35x45mm) depicting his or her current age                  render similar services. The foreign national must have at least one year’s
•   a valid document evidencing health insurance cover                                  experience working under an employment contract in the foreign legal
•   documents proving his or her right to return to the state he or she came            entity where he or she holds one of the leading positions or is a specialist.
    from, or to a state where he or she has citizenship or is a permanent               He or she needs to have gained information that is very important for the
    resident, or proving his or her right to travel to the third country.               organisation. The maximum duration of work in Lithuania cannot exceed
                                                                                        three years (except for a foreign national who holds one of the leading
Certain other documents may need to be submitted, depending on the type                 positions)
of visa being applied for.                                                          •   if he or she is not a citizen of an EU Member State and is working legally
                                                                                        and continuously in an EU Member State organisation. He or she should
                                                                                        be sent to work in Lithuania temporarily and should have the EU Member
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                              State (except Denmark) issued certificates E101 and E102, or a certification
                                                                                        from Denmark or the European Free Trade Association (‘EFTA’) confirming
4.1 General                                                                             that he or she has social insurance cover
Citizens of EU Member States and their family members who intend to work            •   if he or she visits Lithuania to implement common inter-governmental
in Lithuania are not required to obtain a work permit. A foreign national from          programmes
other third countries is exempt from the obligation to obtain a work permit if:     •   if he or she is a professional sportsperson or a coach, working under a
(1) he or she holds a temporary residence permit in Lithuania, issued under             contract of sport practice
certain conditions, as set out in legislation; or (2) he or she holds a permanent   •   if he or she visits Lithuania to execute research or to engage in
residence permit.                                                                       educational work in Lithuania’s educational or academic institutions
                                                                                    •   if he or she is a member of a ship’s crew, sailing international routes with
The Minister of Social Security and Labour has set out the following situations         the flag of Lithuania
when a foreign national does not need to obtain a work permit:                      •   if he or she is a member or a priest of a traditional Lithuanian religious
                                                                                        community (or one of Lithuania’s officially accepted religious communities)
•   if he or she registers himself or herself as the owner or co-owner of an            and is materially dependent on it. He or she should have a document of
    enterprise, agency or organisation in Lithuania, in which the nominal value         mediation, issued by the leader of the religious community



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•   if he or she is a permanent citizen of an EU Member State, who has already     including one lodged for the first time, with the public police migration
    been granted permission to work or live temporarily in Lithuania and has       department of his or her local police office (in the location where he or she is
    worked or lived there for at least one year and wishes to work under an        intending to reside). However the lodging of such an application will not
    employment contract                                                            entitle him or her to stay in Lithuania before his or her application has been
•   if he or she is a representative of a charity in another state and comes to    examined and a decision on the issue has been made.
    Lithuania to provide the charitable activity
•   if he or she is a participant in a volunteer programme, sustained by the EU    4.3 Documents
    or its Member States.                                                          A foreign national wishing to obtain a temporary residence permit must pay
                                                                                   about EUR 90. The documents that must be submitted when applying for a
4.2 Procedures                                                                     temporary residence permit are:
A temporary residence permit can be issued to a foreign national who intends
to work in Lithuania and has permission to work or is exempt from the              •   a completed application form, in the Lithuanian language
obligation to obtain a work permit. A foreign national who intends to work         •   a valid passport or a valid travel document and one copy
will be issued a temporary residence permit for one year. A foreign national’s     •   a valid visa, if the visa-free travel regime is not applicable
application for the issue of a temporary residence permit may be examined in       •   one recent colour photo (40x60mm) depicting his or her current age
conjunction with the application for the issue of a work permit. Upon the          •   documents attesting to his or her right to receive a temporary residence
expiry of a work permit, a foreign national must depart from Lithuania.                permit
                                                                                   •   a document proving that he or she has either sufficient income or assets to
A residence permit may be issued or replaced if the foreign national:                  reside in Lithuania
                                                                                   •   proof of his or her accommodation in Lithuania
•   meets the conditions of entry set out in the Schengen Borders Code             •   proof of health insurance
•   has a valid document evidencing health insurance cover                         •   documents certifying payment of the government fee (about EUR 90).
•   has adequate means of subsistence and/or receives a regular income that
    is sufficient for his or her stay in Lithuania                                 Certain other documents may need to be submitted depending on the
•   owns residential premises in Lithuania or uses residential premises under a    grounds for application (e.g. that the foreign national has a work permit, he
    lease or loan for use contract, provided that the duration of the relevant     or she is registered as the owner or co-owner of an enterprise, agency or
    contract is not shorter than the period of validity of the temporary           organisation in Lithuania, in which the nominal value of his or her proportion
    residence permit and has been registered in accordance with the                of the authorised capital comprises no less than LTL 50,000 etc.),
    established procedure
•   where necessary, produces a list of his or her visits and stays in foreign
    countries.                                                                     5. WORK PERMITS

An EU residence permit will be issued and can be extended for a period of up       5.1 General
to five years, or for the intended period of residence in Lithuania of a citizen   A work permit in Lithuania constitutes a document granting a foreign
of an EU Member State, where such a period is shorter than five years.             national the right to work there for a specified period.

When applying for a residence permit for the first time, a foreign national will   Citizens of an EU Member State and their family members who intend to work
usually be issued one, except for the cases established by the Law on the Legal    in Lithuania are not required to obtain a work permit.
Status of Foreign Nationals of Lithuania. A foreign national who applies for the
issue of a residence permit for the first time must lodge his or her application   A foreign national may take up employment in Lithuania under a contract of
with an overseas diplomatic mission or consular office of Lithuania. A foreign     employment or, if his or her permanent place of employment is abroad, he or
national who is lawfully staying in Lithuania may lodge an application,            she may be sent to Lithuania to take up temporary employment there. An



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employer can conclude a contract of employment only with a foreign                    •   a copy of the foreign national’s passport
national who is in possession of a work permit (apart from the exceptions             •   a copy of the foreign national’s diploma
referred to above). The contract of employment must be concluded and a                •   a copy of the decision by a relevant institution concerning the foreign
copy, approved in the manner established by legislation, must be submitted by             national’s career qualification recognition, if his or her profession is
the employer to the local Labour Exchange Office for registration within two              regulated in Lithuania; if not, a certificate from the Centre for Quality
months from the day of issue of the work permit. The foreign national’s pay               Assessment in Higher Education will suffice
must not be less than that paid to a resident of Lithuania for performing the         •   a copy of a document confirming the foreign national’s work experience
same job.                                                                             •   a copy of a document confirming the foreign national’s refresher course (if
                                                                                          applicable)
A foreign national who intends to work in Lithuania must obtain a work                •   a certificate issued by a higher educational institution in Lithuania (if the
permit, except in some cases provided by law where he or she is exempt from               foreign national studied in Lithuania)
the obligation to obtain one. He or she should obtain a work permit before            •   a completed application form, signed by the employer, together with
entering Lithuania, except if:                                                            additional information (specific information demonstrating that the
                                                                                          amount of remuneration being offered is in line with the Lithuanian job
•   he or she arrives in Lithuania without a visa                                         market etc.), as set out by legislation.
•   he or she cannot be sent back to the country he or she came from because
    there is a real threat to his or her life or freedom or because he or she could   All the documents that are submitted should be translated into the Lithuanian
    be illegally persecuted                                                           language and validated by a notary.
•   he or she has received education in Lithuania, holds a temporary residence
    permit there and has agreed with an employer to work using education              A work permit will be issued to a foreign national for a period of up to two
    acquired in Lithuania.                                                            years, specifying the job position and the enterprise, agency or organisation in
                                                                                      which he or she will be employed. The fee for a one-year work permit is LTL
A work permit can be issued to a foreign national, if there is no specialist in       420 (approximately EUR 122); the fee for a two-year work permit is LTL 520
Lithuania meeting the employer’s qualification requirements. Therefore, a             (approximately EUR 150).
work permit will be issued to a foreign national upon taking into account the
needs of the job market in Lithuania.                                                 Alternatively, if a foreign national wishes to apply for an employment or work
                                                                                      permit, he or she will need to submit the following documentation:
5.1.1 Procedures
A work permit will be issued to a foreign national and withdrawn by the               •   a valid passport
Labour Exchange of Lithuania under the Ministry of Social Security and Labour         •   evidence of his or her professional experience and qualifications
of Lithuania. The employer must apply for an employment permit and provide            •   information regarding his or her place of residence in Lithuania.
specific information demonstrating that the amount of remuneration being
offered is in line with the Lithuanian job market. The work permit will then          5.2 Special preference categories
applied for by the foreign national. The foreign national’s application for a         A foreign national who enters Lithuania to take up seasonal employment will
work permit must be examined within two months from the date of receipt of            be issued a work permit for a period of up to six months per year, starting from
the application at the Lithuanian Labour Exchange.                                    the first day of entry.

5.1.2 Documents                                                                       A foreign national who enters Lithuania for employment as an intern or trainee
If an employer wishes a work permit to be issued to a foreign national, it must       will be issued a work permit for a period of one year. This can be extended in
submit an application to the local labour exchange office. When submitting an         exceptional cases, when the period of internship or traineeship is longer than
application, an employer must attach the following documents:                         one year and the extension is necessary for acquiring a qualification in an
                                                                                      appropriate area.



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If a foreign national is a highly qualified employee or the Lithuanian job            6. LAWFUL   STAY FOR DEPENDANTS
market lacks an employee for a certain position, the documents submitted can
be examined and the work permit can be issued more quickly.                           6.1 General
                                                                                      Foreign nationals (except EU Member States, Iceland, Liechtenstein, Norway
5.2.1 Procedures                                                                      and Switzerland nationals) intending to stay in Lithuania for longer than three
A work permit will be issued to a foreign national and withdrawn by the               months require a residence permit. The following persons are considered to be
Labour Exchange of Lithuania under the Ministry of Social Security and Labour         the family members of such a foreign national:
of Lithuania. A foreign national’s application for a work permit must be
examined within two months from the date of receipt of the application at the         •   his or her spouse or the person with whom he or she has entered into a
Lithuanian Labour Exchange.                                                               registered partnership
                                                                                      •   his or her children (including adopted children) under the age of 18, or
5.2.2 Documents                                                                           those of his or her spouse or the person with whom he or she entered into
The following documents must be submitted for a work permit to be issued                  a registered partnership, on the condition that they are not married and are
for a legal entity (also a branch office or an representative office) registered in       dependent on him or her
Lithuania that temporarily employs a foreign nationals:                               •   direct relatives in the ascending line who have been dependent on him or
                                                                                          her for at least one year and are unable to use the support of other
•   a completed application form for a work permit                                        family members resident in a foreign country.
•   the contract between a Lithuanian organisation and a foreign organisation
•   a detailed explanation of the project being undertaken (i.e. the purpose of       The following persons are considered to be family members of a citizen of an
    sending the foreign national to Lithuania)                                        EU Member State:
•   a copy of the foreign national’s passport
•   a copy of the foreign national’s employment contract with a foreign               •   his or her spouse or the person with whom he or she has entered into a
    organisation                                                                          registered partnership
•   a certificate, proving that the foreign national has valid social insurance       •   his or her direct descendants who are under the age of 21 or are
    (with a foreign organisation)                                                         dependants on him or her
•   a copy of the foreign national’s diploma.                                         •   direct descendants of his or her spouse or the person with whom he or she
                                                                                          has entered into a registered partnership, who are under the age of 21 or
Documents that must be submitted for issuing a work permit for employment                 those who are dependants
as an intern or trainee are set out in legislation. It must be noted that a           •   any dependant direct relatives in the ascending line of a citizen of an EU
foreign national wishing to work as an intern or trainee must satisfy the                 Member State, of his or her spouse or of the person with whom he or she
following conditions:                                                                     has entered into a registered partnership.

•   he or she must be at least 18 years of age, but not more than 30 years of         Family members of a citizen of an EU Member State who are not themselves
    age                                                                               citizens of an EU Member State, must obtain an EU residence permit upon
•   he or she must have a university education or be studying in a higher             arriving in Lithuania, if their residence there is for a period in excess of three
    educational institution                                                           months within a six-month period. They should do so together when arriving
•   he or she must be willing to improve his or her Lithuanian language               in Lithuania with the citizen of the EU Member State or coming separately to
    ability or professional skills.                                                   stay with him/her.

The fee for a seasonal work permit is LTL 120 (approximately EUR 35).                 Family members of a citizen of an EU Member State may enter Lithuania with
                                                                                      him or her, or arrive separately to stay with him or her in Lithuania for a
                                                                                      period not exceeding three months, starting from the first day of entry.



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A foreign national can be issued a permanent residence permit, if he or she
has entered Lithuania for residence together with a citizen of Lithuania as his
or her family member.

6.2 Procedures
Family members entering Lithuania to reside with the main foreign national
who has already been issued a temporary residence permit can be issued a
temporary residence permit for the same period as him or her. All permits are
issued by the Migration Department under the Ministry of the Interior of
Lithuania.

6.3 Documents
When applying for a document authorising residence in Lithuania, a foreign
national family member must submit the following documents:

•   a completed application form, in the Lithuanian language
•   a valid passport
•   a valid travel document (for verification) and one copy (or, if an EC
    residence permit is being applied for, an identity card)
•   a birth certificate, if familial ties must be ascertained
•   a marriage certificate, if applicable
•   any children’s birth certificates, if applicable
•   documents attesting to his or her right to receive a temporary residence
    permit
•   a document proving that he or she has either sufficient income or assets to
    reside in Lithuania
•   proof of his or her accommodation in Lithuania (or proof of an
    undertaking of a Lithuanian natural or legal person to provide a place of
    residence for him or her)
•   proof of health insurance
•   documents certifying payment of the government fee (EUR 45 to EUR 90)
•   four passport-sized photos
•   other documents, depending on the circumstances.




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1. INTRODUCTION                             293

2. SOURCES OF LAW                           293

3. VISITORS FOR BUSINESS PURPOSES           293

3.1 Visas                                   293
3.2 Permitted Activities                    294
3.3 Procedures                              294
3.4 Documents                               295

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   296

4.1 General                                 296
4.2 Procedures                              296
4.3 Documents

5. WORK PERMITS
                                            297

                                            297
                                                  Luxembourg
5.1 General                                 297
    5.1.1 Procedures                        298
    5.1.2 Documents                         299

5.2 Special Preference Categories           300
    5.2.1 Procedures                        302
    5.2.2 Documents                         303

6. LAWFUL STAY FOR DEPENDANTS               306

6.1 General                                 307
6.2 Procedures                              309
6.3 Documents                               310
                                      Immigration - An International Handbook - LUXEMBOURG




1. INTRODUCTION

The Grand Duchy of Luxembourg has significantly modified its immigration
legislation through the introduction of the Law of 29 August 2008 on the free
movement of persons and immigration, which came into effect on 1 October
2008.

Pursuant to this legislation, there is no longer any distinction to be made
between a work permit and a residence permit. Now, just one single
document, referred to as a ‘Residence Authorisation’, serves both purposes.
The type of Residence Authorisation varies depending upon the foreign
national’s status.

It should be noted that Romanian and Bulgarian citizens may freely come into
Luxembourg to live here just like any other EU citizen. However, Romanian and
Bulgarian citizens still need (in principle) to obtain a work permit to have a
remunerated activity in Luxembourg, except if their work activity is pursued as
a temporary assignment under a cross-border services agreement with an
organisation established in an EU Member State, an EEA State or Switzerland,
or if they are family members of a EU citizen living in Luxembourg.


2. SOURCES    OF LAW


The sources of immigration law are as follows:

•   Law of 29 August 2008 on the free movement of persons and immigration
•   Grand Ducal Regulations of 5 September 2008
•   Grand Ducal Regulation of 3 February 2009
•   Grand Ducal Regulations of 31 March 2010
•   Schengen Agreement of 26 March 1996
•   Regulation 2009/810/EC of 13 July 2009 establishing a Community Code
    on Visas.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
As a general rule, all foreign nationals (other than those from the EU, Andorra,
San Marino, Switzerland, Norway, Iceland, Liechtenstein and other specified
countries) require a visa, even if their stay is for business purposes.




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A list of those foreign nationals that require (or do not require) a Schengen visa   The foreign national can then enter Luxembourg with his or her passport and
to enter Luxembourg for a maximum period of three months (including for              a valid visa (if needed) to carry out the business trip, which must not exceed
business purposes) is available at the website of the Ministry for Foreign           three months per calendar year.
Affairs, which is http://www.mae.lu.
                                                                                     If he or she wishes to stay in Luxembourg for a period exceeding three months,
These rules are applicable to the entry of all foreign nationals into                a Residence Authorisation for a worker must be requested prior to his or her
Luxembourg, whatever the purpose of their trip (e.g. business, tourist or            entry into Luxembourg (or a work permit for Bulgarian and Romanian citizens).
family visit).                                                                       See section 5 below.

3.2 Permitted Activities                                                             Within three days of the foreign national’s entry into Luxembourg, he or she
EU nationals (except for Romanian and Bulgarian nationals), EEA nationals and        must make a declaration of arrival to the town administration where he or she
Swiss citizens can freely enter Luxembourg to pursue business activities (along      wishes to reside. The foreign national will then receive a copy of the
with family members of an EU but not Romanian or Bulgarian citizen, or an            declaration of arrival.
EEA or Swiss citizen already living in Luxembourg).
                                                                                     A declaration of arrival must also be made by EU and Romanian and Bulgarian
Foreign nationals (i.e. non-EU nationals, non-EEA nationals and non-Swiss            citizens, EEA and Swiss citizens, but within eight days of their entry into
citizens) as well as Romanian and Bulgarian citizens, wishing to work in             Luxembourg.
Luxembourg, must in principle obtain a Residence Authorisation, or work
permit if they are Romanian and Bulgarian citizens, as well as a visa, if needed     If an EU, EEA or Swiss citizen wishes to stay in Luxembourg for a period
(see section 5 below). Note that short-term visas do not allow for paid work.        exceeding three months, he or she must request the delivery of a registration
                                                                                     certificate to the town administration of his or her chosen place of residence,
However, foreign nationals and Romanian and Bulgarian citizens, do not need          within three months of arrival in Luxembourg.
a Residence Authorisation or work permit, if their stay does not exceed three
months per calendar year and is made within the framework of a business trip,        3.4 Documents
that is to say:                                                                      The following documents should be provided in support of a visa application:

•   a trip to visit professional partners                                            •   two recent passport photos
•   a trip to look for and develop professional contacts                             •   a valid passport or travel permit recognised by the Schengen States, the
•   a trip to negotiate and conclude contracts                                           validity of which must be at least three months longer than the validity of
•   a trip to take part in shows, fairs and exhibitions                                  the visa applied for
•   a trip to attend companies’ board of directors meetings and general              •   written evidence relating to the reason for the journey, such as:
    assemblies of shareholders.                                                          - an official invitation letter for a business trip
                                                                                         - a certified copy of the residence certificate of the referee in
3.3 Procedures                                                                               Luxembourg
A foreign national must first check whether he or she needs to request a                     a hotel reservation
Schengen visa. If so, the visa application should be made in person at a                 - a return flight ticket
Luxembourg diplomatic mission (i.e. Embassy or Consulate) or a diplomatic                - evidence of sufficient means of subsistence (e.g. bank statements, cash
mission of a Schengen State, which issues visas on behalf of Luxembourg in                   and credit cards)
the foreign national's home country.                                                     - evidence of legal residence in the usual country of residence
                                                                                         - evidence of health or travel insurance covering the foreign national
Two copies of the visa application form should be filled in. The application                 during his or her stay in Luxembourg.
form is provided by the diplomatic missions.



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Note that the following documents should be provided in support of the              4.3 Documents
declaration of arrival:                                                             The following documents should be provided in support of the declaration of
                                                                                    arrival:
•   a valid travel document (passport and visa if required)
•   a declaration of leave (if any) granted by the town administration where        •   a valid travel document (passport and visa if required)
    the foreign national was previously residing.                                   •   a declaration of leave (if any) granted by the town administration where
                                                                                        the foreign national was previously residing.
Additional documents may be requested by the Luxembourg town
administration (such as a certified copy of the employment contract).               Additional documents may be requested by the Luxembourg town administration
                                                                                    (such as a certified copy of the employment contract, or, for Bulgarian and
The following documents must be submitted to the town administration by             Romanian citizens, a work permit).
EU, EEA and Swiss citizens for the granting of a registration certificate:
                                                                                    For a registration certificate to be granted, the following documents must be
•   a valid identity card or passport                                               submitted to the town administration by EU and EEA nationals and Swiss
•   an employment contract signed and dated by both parties, or a promise of        citizens:
    employment delivered by the future employer (if any), or
•   a declaration or justification of sufficient financial resources and evidence   •   a valid identity card or passport
    of medical insurance coverage.                                                  •   an employment contract signed and dated by both parties, or a promise of
                                                                                        employment delivered by the future employer (if any), or a declaration or
                                                                                        justification of sufficient financial resources and evidence of medical
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                              insurance coverage (and a work permit for Romanian and Bulgarian
                                                                                        citizens).
4.1 General
EU and EEA nationals (except for Bulgarian and Romanian citizens), as well as
Swiss citizens, may freely perform work in Luxembourg. They only need a valid       5. WORK PERMITS
passport or national identity card. This applies to nationals from the following
EU States: Austria, Belgium, the United Kingdom, Cyprus, the Czech Republic,        5.1 General
Denmark, ‘the Netherlands’, Estonia, Finland, France, Germany, Greece,              Note that in Luxembourg, permission to work is granted in the form of a
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal,    ‘residence authorisation for work’ for third country nationals (i.e. non-EU,
the Slovak Republic, Slovenia, Spain and Sweden. EEA citizens from the follow-      non-EEA and non-Swiss citizens) and a ‘work permit’ for Bulgarian and
ing countries can also freely perform work in Luxembourg: Iceland,                  Romanian citizens.
Liechtenstein and Norway.
                                                                                    Non-EU, non-EEA and non-Swiss citizens, should obtain a Residence
4.2 Procedures                                                                      Authorisation for their employment in Luxembourg on a ‘permanent’ basis.
For administrative purposes, EU (including Romanian and Bulgarian                   (Bulgarian and Romanan citizens should obtain a work permit). Such a
citizens), EEA and Swiss citizens must declare their arrival within eight days of   Residence Authorisation is not necessary for family members of an EU (other
their entry into the country.                                                       than a Romanian or Bulgarian citizen), EEA, or Swiss citizen already living in
                                                                                    Luxembourg.
Subsequently, if they wish to stay in Luxembourg for a period exceeding three
months, they must request a registration certificate from the town                  A Residence Authorisation is valid for a period of one year, in one profession
administration of their chosen place of residence. They must make this request      and one business activity, for any employer. It can be renewed for an initial
within three months of their arrival.                                               two-year period and subsequently for a three-year period.



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A Residence Authorisation is only granted if the employment of the foreign            This ministerial authorisation must be used within three months of its delivery.
national does not harm the priority of employing and benefiting certain other         This means that the entry into Luxembourg and the declaration of arrival must
workers, pursuant to national and European legislation. A Residence                   have been made before the expiration of the ministerial authorisation.
Authorisation must also serve the economic interests of Luxembourg and the
foreign national must have the professional qualifications required for the           As regards any visa obligations, a visa application must also be made before
position. The position should previously have been declared vacant to the             the expiry of the ministerial authorisation.
Labour Administration.
                                                                                      Within three days of the foreign national’s arrival in Luxembourg, he or she
Finally, the foreign national must have appropriate accommodation in                  must go to the town hall of proposed residence to declare his or her arrival (or
Luxembourg at his or her disposal.                                                    eight days for Romanian and Bulgarian citizens if in Luxembourg). A copy of
                                                                                      his or her declaration of arrival will then be delivered to the applicant. This
Such requirements can be relaxed for certain sectors of the economy, if they          document and the letter from the Minister for Foreign Affairs and Immigration
are facing labour and skills shortages.                                               will legalise the foreign national’s stay and work in Luxembourg until the
                                                                                      delivery of the official Residence Authorisation (or work permit). The foreign
5.1.1 Procedures                                                                      national must request delivery of his or her official Residence Authorisation to
General overview of the application procedure                                         the Ministry for Foreign Affairs and Immigration within three months of the
In principle, the application for a Residence Authorisation (or work permit) is       declaration of arrival.
made by the employee, with the help of his or her employer, if necessary.
                                                                                      5.1.2 Documents
An employer wishing to employ one foreign national subject to a Residence             To request a ministerial authorisation, the following documents must be
Authorisation must first make a declaration to the Labour Administration,             provided:
stating that the position to be filled by the foreign employee is vacant
(‘déclaration de place vacante’). The relevant form is available at the website       •   a certified copy of the foreign national’s passport, indicating his or her
of the Employment Administration, which is at www.adem.public.lu.                         place of birth
                                                                                      •   a birth certificate
If the employer wishes to employ a group of foreign nationals subject to a            •   a criminal records check
Residence Authorisation (or work permit), the employer may request a                  •   a certified copy of the foreign national’s certificates attesting his or her
collective authorisation from the Ministry for Foreign Affairs and Immigration.           professional qualifications
                                                                                      •   a curriculum vitae
A foreign national must submit his or her request for a ministerial authorisation     •   a certified copy of the employment contract signed and dated by the
from his or her home country and send it to the Ministry for Foreign Affairs              foreign national
and Immigration in Luxembourg. The application process may last from four to          •   a letter of support written by the foreign national.
eight weeks.
                                                                                      If a visa is needed, it must be requested. Please see section 3 above as regards
The Minister for Foreign Affairs and Immigration will then send a letter to the       the documents to be provided for a visa request.
foreign national in his or her home country, stating that he or she will receive
his or her Residence Authorisation (or work permit) on arrival in Luxembourg.         A foreign worker is required to submit the following documents at the time of
This letter is a ministerial authorisation, allowing its holder to stay and work in   making his or her declaration of arrival:
Luxembourg once the foreign national has declared his or her arrival to the
town hall of proposed residence and until delivery of the official Residence          •   a worker’s passport
Authorisation (or work permit).                                                       •   evidence of departure (if any) from the town hall or municipality where he
                                                                                          or she used to reside



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•   a ministerial authorisation                                                           foreign nationals who are already employed by the transferring company
•   if necessary, all family records (i.e. marriage certificate and birth certificate).   through an open-ended contract. A residence authorisation (or work permit)
                                                                                          in this instance is valid for a maximum period of one year. It can be renewed
Additional documents may be requested by the Luxembourg town administration               upon request for the same period again.
(e.g. a certified copy of the employment contract).
                                                                                          Temporary assignment to Luxembourg for a cross-border services
To request delivery of the official Residence Authorisation (or work permit), the         agreement
foreign worker must provide the following documents:                                      A Residence Authorisation (or work permit for Romanian and Bulgarian
                                                                                          citizens) must be requested for those third country nationals who are
•   a certified copy of the ministerial authorisation                                     temporarily assigned to Luxembourg under the terms of a cross-border services
•   a certified copy of the declaration of arrival                                        agreement, which is entered into with organisations that are established
•   a medical certificate proving that he or she satisfies the medical conditions         outside the EU Member States, EEA States or Switzerland, before their posting
    for authorising the stay, as provided by a doctor established in Luxembourg           to Luxembourg.
•   evidence of appropriate accommodation, if required
•   a recent photo fulfilling the ICAO/OACI norms (i.e for passport photos: size          The Residence Authorisation (or work permit) is valid for the length of time
    45 x 35 mm, uncovered full-face photo, the head being at least 20 mm                  necessary to accomplish the services. It can be extended if, due to exceptional
    high)                                                                                 circumstances, the services have not been accomplished within the planned
•   evidence of payment of the tax for delivery of the Residence Authorisation            timescale.
    (i.e. EUR 30 must be paid to the Ministry for Foreign Affairs and
    Immigration).                                                                         For a ‘posted worker’ to benefit from a Residence Authorisation for a posted
                                                                                          worker the foreign national concerned must be employed by the ‘posting
All documents must be translated by a sworn translator into French, German                organisation’ through an open-ended employment contract, which must have
or English.                                                                               started at least six months prior to the beginning of the posting to
                                                                                          Luxembourg, subject to the request for a Residence Authorisation.
5.2 Special preference categories
The main special preference categories are those foreign nationals who are                A Residence Authorisation for a ‘posted worker’ is not needed for those third
posted to Luxembourg for an intra-company transfer or a cross-border services             country nationals (including Romanian and Bulgarian citizens) who are
agreement, as well as highly qualified workers. These categories will be                  temporarily assigned to Luxembourg under cross-border services agreements
examined in detail below.                                                                 with organisations established in the EU Member States, the EEA States or
                                                                                          Switzerland. As long as the assigned foreign nationals are authorised to work
However, it should be underlined that professional sportsmen and                          and stay in the country where their employer is established, they can be freely
sportswomen, students, trainees, volunteers and researchers are also subject              posted to Luxembourg, except if this posting is made by a temporary work
to specific Residence Authorisations in accordance with Luxembourg                        agency.
legislation. However, these special categories of foreign nationals will not be
discussed here.                                                                           If the posting exceeds three months, the posted worker is entitled to receive a
                                                                                          residence authorisation for a ‘posted worker of an EU services provider’.
Temporary assignment to Luxembourg for an intra-company transfer
In the framework of an intra-company transfer, the host company in                        Highly Qualified Workers
Luxembourg can request a Residence Authorisation (or work permit for                      A Residence Authorisation can be issued for those third country nationals who
Romanian and Bulgarian citizens) for foreign nationals (non-EU, non-EEA and               have a higher education degree or at least five years’ professional experience,
non-Swiss, as well as Romanian and Bulgarian nationals), who are temporarily              and whose qualifications are needed for the position to be filled.
assigned to Luxembourg. Such a residence authorisation applies only to those



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Such a foreign national must receive remuneration that equals at least three       (or work permit for Bulgarian and Romanian citizens) upon arrival in
times the minimum reference social wage granted to unqualified workers in          Luxembourg. This letter is a ministerial authorisation which allows its holder to
Luxembourg (as at 1 July 2010: EUR 5,174.43, index 719.84. Note that the           stay and work in Luxembourg once the foreign national has declared arrival to
minimum reference social wage granted to unqualified workers in                    the town hall of his or her choice of residence and until the delivery of the
Luxembourg is likely to be increased as of 1 January 2011, but at the time of      official Residence Authorisation.
writing the figure is not known). Note that in Luxembourg, wage rates
prescribed by law, collective agreement or employment contracts are regularly      The ministerial authorisation must be used within three months of its delivery.
adapted to changes in the cost of living, which is reflected by the index).        This means that entry into Luxembourg and declaration of arrival must be
                                                                                   made before its expiry.
The foreign national must demonstrate that he or she has appropriate
accommodation in Luxembourg.                                                       As regards any visa obligations, a visa application must also be made before
                                                                                   the expiration of ministerial authorisation.
The Residence Authorisation is valid for a maximum period of three years and
can be renewed for an additional three-year period.                                Within three days of the foreign national’s arrival in Luxembourg, he or he
                                                                                   must go to the town administration at the chosen place of residence to declare
5.2.1 Procedures                                                                   his or her arrival. A copy of the declaration of arrival will then be delivered to
The procedure is quite similar to that described in section 5.1.1 for categories   the foreign national. This document and the letter from the Minister for
of workers without preferences.                                                    Foreign Affairs and Immigration will legalise his or her stay and work in
                                                                                   Luxembourg until the delivery of the official Residence Authorisation (or work
A Luxembourg employer receiving a foreign national who is temporarily              permit).
assigned to Luxembourg, as well as a Luxembourg organisation employing a
highly qualified foreign national, must first make a declaration of vacancy to     The foreign national must request delivery of the official Residence
the Labour Administration.                                                         Authorisation to the Ministry for Foreign Affairs and Immigration within three
                                                                                   months of the declaration of arrival.
If the foreign national is a highly qualified worker, he or she must submit a
request for ministerial authorisation from his or her home country and send it     If the foreign national is to be temporarily assigned to Luxembourg within the
to the Ministry for Foreign Affairs and Immigration in Luxembourg. The             framework of a cross-border services agreement from an organisation
application process may last from four to eight weeks.                             established in an EU Member State, or in an EEA State or Switzerland, he or
                                                                                   she can freely enter Luxembourg. He or she must make a declaration on arrival
If the foreign national is to be temporarily assigned to Luxembourg within the     in the Luxembourg town of administration of residence, within eight days of
framework of an intra-company transfer, the request for a ministerial              entry into Luxembourg.
authorisation must be made by the host organisation in Luxembourg. Once
again, the application process may last from four to eight weeks.                  If the assignment exceeds three months, the foreign national must request the
                                                                                   delivery of a registration certificate to the town administration of at the place
If the foreign national is to be temporarily assigned to Luxembourg within the     of residence in Luxembourg. A Residence Authorisation bearing the reference
framework of a cross-border services agreement from an organisation                ‘Worker for a provider of Community services’ will then automatically be
established outside the EU, EEA or Switzerland, the request for ministerial        granted by the Ministry for Foreign Affairs.
authorisation must be made by the ‘posting organisation’ in the country of
origin. Again, the application process may last from four to eight weeks.          5.2.2 Documents
                                                                                   To request ministerial authorisation, a foreign national must submit the
The Minister for Foreign Affairs and Immigration will then send a letter to the    documents listed in section 5.1.2 above.
foreign national stating that he or she will receive a Residence Authorisation



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If a visa is needed, it must be requested. Please see section 3.3 above as         Then, to request delivery of the official Residence Authorisation, the foreign
regards the documents to be provided for a visa request.                           worker must provide the documents listed in section 5.1.2 above.

A highly qualified foreign national is required to submit the documents listed     Documents to be provided for temporary cross-border services
in section 5.1.2 above at the time of making the declaration of arrival.           agreements assignment
                                                                                   Where the post is by an organisation established outside the EU, EEA or
Additional documents may be requested by the Luxembourg town administration        Switzerland, to request a ministerial authorisation, a foreign national must
(such as a certified copy of the employment contract).                             submit the following documents:

To request delivery of the official Residence Authorisation (or the work permit    •   a certified copy of his or her passport, indicating place of birth
for Bulgarian and Romanian citizens), the highly qualified foreign national        •   a birth certificate
must provide the documents listed in section 5.1.2 above.                          •   a criminal records check
                                                                                   •   a certified copy of certificates attesting professional qualifications
All documents must be translated by a sworn translator into French, German         •   a curriculum vitae
or English.                                                                        •   a certified copy of the employment contract signed and dated by him/her
                                                                                       and his/her employer in his/her country of origin (which must have started
Documents to be provided for temporary inter-company transfers                         at least six months prior to the beginning of the posting to Luxembourg)
assignment                                                                         •   a certified copy of the addendum to the employment contract or posting
To request ministerial authorisation, a foreign national must submit the               letter confirming that he or he is being temporarily assigned to
following documents:                                                                   Luxembourg for a specific period of time within the framework of a
                                                                                       cross-border services agreement
•   a certified copy of his or her passport, indicating the place of birth         •   a letter of support written by the foreign national.
•   a birth certificate
•   a criminal records check                                                       If a visa is needed, it must be requested. Please see section 3 above as regards
•   a certified copy of certificates attesting professional qualifications         the documents to be provided for a visa request.
•   a curriculum vitae
•   a certified copy of the employment contract, signed and dated by him/her       A foreign worker is required to submit the documents listed in section 5.1.2
    and his/her employer in the country of origin                                  above at the time of making the declaration of arrival:
•   a certified copy of the addendum to the employment contract or posting
    letter confirming temporary assignment to Luxembourg for a specific            Additional documents may be requested by the Luxembourg town administration
    period of time within the framework of an intra-group transfer                 (such as a certified copy of the employment contract, etc.).
•   a letter of support written by the foreign national.
                                                                                   Then, to request the delivery of the official Residence Authorisation, the
If a visa is needed, it must be requested. Please see section 3.3 as regards the   foreign worker must provide the documents listed in section 5.1.2 above.
documents to be provided for a visa request.
                                                                                   Where the post is by an organisation established in an EU Member State, an
A foreign worker is required to submit the documents listed in section 5.1.2       EEA State or in Switzerland, a visa may need to be requested. Please see
above at the time of making the declaration of arrival.                            section 3.3 above as regards the documents to be provided for a visa request.

Additional documents may be requested by the Luxembourg town administration
(such as a certified copy of the employment contract).




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To make his or her declaration of arrival, a posted foreign national must          6.1 General
submit the following documents:
                                                                                   Right of stay for relatives of EU, EEA or Swiss nationals
•   a worker’s passport (notably, demonstrating that he or she has the right to    The following persons are considered to be family members:
    work and reside in the country where his or her ‘posting employer’ is
    located)                                                                       •   spouses
•   evidence of departure (if any) from the previous town administration           •   partners, with whom the EU, EEA, or Swiss national has concluded a
    where he or she had his or her previous residency                                  registered partnership in accordance with Luxembourg legislation
•   if necessary, all family records (marriage certificate, birth certificate).    •   children of an EU, EEA, or Swiss national and the direct descendants of the
                                                                                       spouse or partner of an EU, EEA, or Swiss national. They must be less than
Additional documents may be requested by the Luxembourg town administration            21 years old or be supported by the EU, EEA or Swiss national or his or her
(such as a certified copy of the employment contract).                                 spouse or partner
                                                                                   •   direct ascendants who are supported by the EU, EEA or Swiss national or
The following documents must be submitted to the town administration for               by his or her spouse or partner.
the granting of a registration certificate and a Residence Authorisation for a
‘Worker for a provider of Community services’:                                     The Minister for Foreign Affairs may also authorise the stay of additional
                                                                                   family members, whatever their nationality, provided that:
•   a valid identity card or passport (notably, demonstrating that the foreign
    national has the right to work and reside in the country where his or her      •   in their country of origin, they have been relying on the EU, EEA or Swiss
    ‘posting employer’ is located)                                                     national for financial support or have been part of the household of the
•   a certified copy of the employment contract signed and dated by the                EU, EEA or Swiss national benefiting from the right to stay
    foreign national and his or her employer in the country of origin              •   the EU, EEA or Swiss national personally takes care of the family member
•   a certified copy of the addendum to the employment contract or posting             concerned for serious health reasons.
    letter confirming that the foreign national is being temporarily assigned to
    Luxembourg for a specific period of time, for a specific client and within     Dependants who are supported by an EU (including Romanian and Bulgarian
    the framework of a cross-border services agreement.                            citizen), EEA or Swiss national, who are not themselves EU, EEA or Swiss
                                                                                   nationals, are entitled to stay in Luxembourg for a period of not more than
                                                                                   three months, provided that they hold a valid passport and a visa (if required).
6. LAWFUL     STAY FOR DEPENDANTS
                                                                                   Dependants who are supported by an EU (including Romanian and Bulgarian
Luxembourg immigration legislation provides specific conditions to be              citizen), EEA or Swiss national, who are themselves EU (including Romanian
complied with by dependant family members wishing to stay legally in               and Bulgarian citizens), EEA or Swiss nationals can freely come and stay in
Luxembourg with a foreign national (i.e. EU, EEA, or Swiss nationals) or a         Luxembourg if they have valid ID.
sponsor.
                                                                                   However, this right of stay is limited to the spouse, registered partner or
A ‘dependant’ can be defined as being someone (e.g. a child, spouse, parent,       dependant children, if the ‘supporting’ EU, EEA or Swiss national is a student.
or other relative) to whom a foreign national (EU, EEA, Swiss national or          This limitation can be overruled if the dependant obtains specific authorisation
national from a third country) or a Luxembourg national contributes all or a       from the Minister for Foreign Affairs and Immigration.
major part of the necessary financial support.
                                                                                   All dependants have the right to work in Luxembourg without a specific
A ‘sponsor’ can be understood as meaning a third country national residing         authorisation for it, except for dependants of EU, EEA or Swiss nationals who
lawfully in Luxembourg who applies, or whose family members apply, for             are in Luxembourg within the framework of student status, as well as for
reunification with the dependant.


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Romanian and Bulgarian dependants of a Romanian or Bulgarian sponsor. The             The following dependants are authorised to enter Luxembourg with the
latter are required to request the issue of a Residence Authorisation for work.       sponsor (provided that the above conditions are satisfied):

Right of stay for relatives of third country nationals                                •   the sponsor’s children, who must be under 18 years old
A sponsor, who holds a Residence Authorisation, the validity of which is at           •   the following family members of a sponsor with a Residence Authorisation
least one year, can request a family reunification with specific members of his           as a highly qualified worker, or as a transferred worker or researcher:
or her family. The sponsor must have a good prospect of obtaining a long-term             - spouses or registered partners (at least 18 years old at the date of the
right of stay and must have been living in Luxembourg for at least 12 months.                 request for family reunification)
He or she can request family reunification with the following members of his              - unmarried children of the sponsor or of his or her spouse or partner,
or her family:                                                                                who are less than 18 years old. The sponsor or spouse or partner must
                                                                                              have custody and they must be dependants. In the case of shared
•   a spouse (who is at least 18 years old at the date of the request for family              custody, the other holder of the right to custody must have given
    reunification)                                                                            consent.
•   a registered partner (who is at least 18 years old at the date of the request
    for family reunification)                                                         If family reunification is authorised by the Minister for Foreign Affairs, a
•   an unmarried child of the sponsor or of his or her spouse or partner, who         ‘Residence Authorisation for a family member’ is granted to the dependant. It
    is less than 18 years old. The sponsor or his or her spouse or partner must       is valid for one year and renewable upon request, as long as the conditions for
    have been given custody of the child. The child must be a dependant. In           obtaining it are met. The length of validity of the Residence Authorisation
    the case of shared custody, the other holder of the right to custody must         cannot exceed the expiry date of the sponsor’s Residence Authorisation.
    have given consent.
                                                                                      The Residence Authorisation for a ‘family member’ bestows on them the right
In addition, the Minister for Foreign Affairs and Immigration may authorise           to access to education and academic counselling, training, professional
family reunification for the following family members:                                training and further training courses, as well as the right to work (after
                                                                                      previously obtaining a Residence Authorisation for work).
•   ‘first degree’ relatives in the direct line of the sponsor or his or her spouse
    or partner, if they rely on his or her financial support and are deprived of      6.2 Procedures
    the necessary family support in their country of origin
•   unmarried children over 18 years old of the sponsor or of his or her spouse       Right of stay for relatives of EU, EEA or Swiss nationals
    or partner, if they cannot provide for their own needs for health reasons.        For a stay exceeding three months, the family members of an EU, EEA or Swiss
                                                                                      national must go to their town administration of residence to obtain a
A family reunification may only be requested if the sponsor satisfies the             registration certificate if they are EU, EEA or Swiss nationals. If they are
following conditions:                                                                 nationals from a third country, they must request a Residence Card within the
                                                                                      first three months of their arrival in Luxembourg.
•   he or she must have sufficient means to support his or her own needs, as
    well as the dependants, without the need to claim social security benefits        The Residence Card is granted by the Minister for Foreign Affairs and
•   he or she must have appropriate accommodation to host the relevant                Immigration for a period of five years, or for a period equalling the length of
    family member(s)                                                                  the expected stay of the ‘sponsoring’ EU, EEA or Swiss national. It bears the
•   he or she must have medical insurance for both himself or herself and the         title: ‘Residence Card for family member of an EU/EEA/Swiss national’.
    family member(s).
                                                                                      Right of stay for relatives of third country nationals
                                                                                      Family members who wish to benefit from family reunification must submit a
                                                                                      request for ministerial authorisation from their home country and send it to



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the Minister for Foreign Affairs and Immigration in Luxembourg. The                   •   if required, confirmation that the Minister for Foreign Affairs authorises the
procedure may take up to nine months, starting from the submission of the                 family reunification (e.g. in the case of a family reunification relating to an
completed application.                                                                    indirect relative with serious health issues).

The Minister for Foreign Affairs and Immigration will then send a letter to the       Family members, who are third country nationals, must provide the following
family member, stating that he or she will receive a Residence Authorisation on       documentation to their town administration to request a Residence Card:
arrival in Luxembourg. This letter is a ministerial authorisation allowing its
holder to stay in Luxembourg once he or she has declared arrival to the town          •   a valid passport and visa (if required)
hall of his or her choice of residence and until the delivery of the official         •   a copy of the registration certificate of the ‘sponsoring’ EU, EEA or Swiss
Residence Authorisation.                                                                  national
                                                                                      •   documents proving marriage, registered partnership or family connection
This ministerial authorisation must be used within three months of its delivery.      •   documents proving the children are less than 21 years old or are financially
This means that entry into Luxembourg and the declaration of arrival must be              supported by the EU, EEA or Swiss national or his or her spouse or partner
made before it expires. Any visa application that are required must also be           •   for all other dependants (i.e. other than children, spouses and wives), a
made before it expires.                                                                   document issued by a public authority of their country of origin,
                                                                                          demonstrating that they are financially supported by the EU, EEA or Swiss
Within three days of the family member’s arrival in Luxembourg, he or she                 national or are part of his or her household
must go to the town administration in their place of residence to declare             •   if required, confirmation that the Minister for Foreign Affairs authorises the
arrival. A copy of the declaration of arrival will then be delivered to him or her.       family reunification (e.g. in the case of a family reunification relating to an
This document and the letter from the Minister for Foreign Affairs and                    indirect relative with serious health issues).
Immigration will legalise the stay in Luxembourg until delivery of the official
Residence Authorisation. Within three months of the declaration of arrival, the       Documents for relatives of third country nationals
family member must request the Minister for Foreign Affairs and Immigration           To request ministerial authorisation for a family reunification, the following
to deliver the official Residence Authorisation.                                      documents must be provided by the sponsor’s family member:

6.3 Documents                                                                         •   a certified copy of the relevant family member’s passport, indicating the
                                                                                          place of birth (which must be valid for a period of at least six months)
Documents for relatives of EU, EEA or Swiss nationals                                 •   a birth certificate
Family members who are EU, EEA or Swiss nationals, must provide the                   •   documents proving marriage, registered partnership or family connection
following documents to obtain a registration certificate:                             •   as regards children: a document demonstrating that the sponsor has
                                                                                          custody and responsibility for financial support
•   a valid identity card or passport                                                 •   a criminal records check (which must be issued less than three months
•   a certified copy of the registration certificate of the ‘sponsoring’ EU, EEA          before the request for the ministerial authorisation)
    or Swiss national                                                                 •   a letter of support written by the sponsor.
•   documents proving marriage, registered partnership or family connection
•   documents demonstrating that the children are less than 21 years old or           The following documents regarding the sponsor’s circumstances must also be
    are financially supported by the EU, EEA or Swiss national or his or her          provided:
    spouse or partner
•   for all other dependants (i.e. other than for children, spouses and wives):       •   a certified copy of the sponsor’s Residence Authorisation, valid for a
    a document issued by a public authority of their country of origin,                   period exceeding one year
    demonstrating that they are financially supported by the EU, EEA or Swiss         •   a certified copy of the sponsor’s registration certificate (except if the
    national or are part of his or her household                                          dependant is entering Luxembourg at the same time as the sponsor)



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•   evidence of sufficient means of subsistence of the sponsor (e.g. salary, fees,
    and property assets) equalling the minimum wage for unqualified workers
    in a 12-month period
•   evidence of appropriate accommodation in Luxembourg (e.g. the floor
    space must not be less than 12m2 for the first occupant and 9m2 per
    additional occupant)
•   evidence of medical insurance covering all risks during the stay in
    Luxembourg.

If necessary, the family member must request a Schengen visa once the
ministerial authorisation is granted. The following documents should be pro-
vided in support of the request:

•   two recent passport photos
•   a fully certified copy of a valid passport or travel permit recognised by the
    Schengen countries, the validity of which is at least three months longer
    than the validity of the visa applied for
•   a birth certificate
•   a certified copy of the family record book
•   a criminal records check (issued less than three months before the request
    for the ministerial authorisation)
•   evidence of legal residence in his or her usual country of residence
•   a declaration by the sponsor to financially support the family member
    during his or her stay in Luxembourg. This declaration of support must be
    signed before the Mayor (or his or her delegate) of the sponsor’s town of
    residence in Luxembourg and be checked by the Luxembourg Ministry for
    Foreign Affairs
•   evidence of sufficient means of subsistence to avoid becoming a burden on
    the Luxembourg social system (e.g. bank statements, cash, credit cards)
•   a certified copy of the registration certificate of the sponsor in Luxembourg
•   a certificate of health or travel insurance covering the family member
    during his or her stay in Luxembourg.

The family member is required to submit the documents listed in section 5.1.2
above at the time he or she makes the declaration of arrival.

Additional documents may be requested by the Luxembourg town administration
(such as a certified copy of the employment contract).

Then, to request delivery of the official Residence Authorisation, the family
member must provide the documents listed in section 5.1.2 above.




    312
1. INTRODUCTION                             317

2. SOURCES OF LAW                           317

3. VISITORS FOR BUSINESS PURPOSES           317

3.1 Visas                                   317
3.2 Permitted Activities                    318
3.3 Procedures                              319
3.4 Documents                               319

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   319

4.1 General                                 319
4.2 Procedures                              320
4.3 Documents

5. WORK PERMITS
                                            320

                                            320
                                                  Mexico
5.1 General                                 320
    5.1.1 Procedures                        320
    5.1.2 Documents                         321

5.2 Special Preference Categories           321
    5.2.1 Procedures                        321
    5.2.2 Documents                         321

6. LAWFUL STAY FOR DEPENDANTS               321

6.1 General                                 321
6.2 Procedures                              322
6.3 Documents                               322
                                        Immigration - An International Handbook - MEXICO




1. INTRODUCTION

In Mexico, as with all civil law countries, immigration laws and regulations are
highly codified and are applied and enforced by the National Immigration
Institute (known as the ‘INAMI’). All foreign nationals who wish to enter and
visit or reside (either temporarily or permanently) must comply with the
provisions of the applicable law and regulations, and are subject to the
authorisation of the INAMI. On 29 January 2010, the Federal Official Gazette
published a series of substantial amendments to immigration laws and
regulations. This provided a new Handbook on Immigration Standards and
Procedures to be enforced as of 30 April 2010.

These amendments and reforms, as set out by the Mexican Government, entail
changes in application formalities and procedures and incorporate the use
of technology. The INAMI states that with these changes, immigration
applications and procedures will now be more efficient for all foreign
nationals.


2. SOURCES    OF LAW


The sources of law are the General Population Law, Regulations made under
the General Population Law, the Law of Nationality, and the new Handbook
on Immigration Standards and Procedures produced by the INAMI.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
The Multiple Migration Form (the ‘FMM’) is the Immigration Document issued
to all foreign nationals entering Mexico. It may be authorised with a validity of
up to 180 days for foreign nationals who wish to enter Mexico as tourists;
immigrants in transit; local visitors; temporary visitors; religious associates or
ministers; distinguished visitors; students; press correspondents; visitors with
not-for-profit activities as: business people, human rights observers, election
process observers, artists or athletes, technicians or scientists and aid workers,
amongst others; and visitors with for-profit activities as: career people, board
members, artists or athletes, managers, technicians or scientists.

The FMM also has the statistical purpose of (1) documenting foreign nationals
who wish to enter and visit Mexico for a maximum of up to 180 days; (2)
documenting foreign nationals with a valid visa or special permit to enter



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Mexico, who then apply for an ‘FM3’ or ‘FM2’(see section 5.1 below); and, (3)        •   Foreign nationals who intend to undertake the following business activities
documenting foreign nationals who have diplomatic representation in Mexico               unpaid and whose stay in the country will not last more than 180 days:
or a visa; in order to fulfill their obligation to provide statistical information       the commercial exchange of goods or services; the development or
upon their entry to Mexico.                                                              management of foreign capital investments; the provision of previously
                                                                                         agreed professional services; the provision of professional services agreed
The FMM for business persons applies to foreign nationals who wish to enter              to in a technology transfer agreement; activities relating to patents,
Mexico to conduct business activities, i.e. employees or representatives of              copyright and other intellectual property rights; the purchase or sale of
foreign businesses who wish to enter Mexico to conduct business on behalf of             machinery or equipment for technical staff training or for any other
those foreign businesses (or on their own behalf as investors or entrepreneurs).         manufacturing process of a Mexican company; professional activities in
                                                                                         terms of the Free Trade Agreements entered into by Mexico; attendance at
The visa is a special permit issued by the INAMI to foreign nationals who fulfill        board meetings of legally incorporated Mexican companies; managerial or
certain requirements in order to obtain prior authorisation to enter Mexico –            executive functions.
regardless of purpose or capacity. These foreign nationals must first comply         •   Foreign nationals who intend to undertake the following paid business
with the additional requirements laid down by the Mexican Government and                 activities and/or whose stay in the country will last more than 180 days:
obtain a valid visa to travel to Mexico before submitting an application for any         research into investment opportunities in Mexico; direct foreign investment
other immigration status, permit and/or activity.                                        or supervision of an investment; legal acts on behalf of a foreign entity; or
                                                                                         commercial transactions.
In these cases, the countries listed by the Mexican Government as those
requiring prior authorisation and issuance of a visa are: Afghanistan, Albania,      3.3 Procedures
Angola, Antigua & Barbuda, Saudi Arabia, Algeria, Armenia, Azerbaijan,               The FMN must be completed and the specific requirements met. Authorisation
Bahrain, Bangladesh, Belarus, Benin, Bolivia, Bosnia-Herzegovina, Botswana,          will be made by the INAMI and obtained by the foreign national upon his or her
Brazil, Brunei Darussalam, Burkina Faso, Burundi, Bhutan, Cape Verde,                first point of entry to Mexico. The visa may also be applied for and obtained prior
Cambodia, Cameroon, Chad, the People's Republic of China, Colombia,                  to entry at a Mexican Consulate. The FMM for business persons may be
Comoros, the Congo, Cuba, Djibouti, Dominica, Dominican Republic, Ecuador,           authorised with a validity of up to 180 days (non-renewable). Should the
Egypt, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada,              foreigner wish to extend his or her stay in Mexico for business purposes, or
Guatemala, Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti,                  expand or modify the activities for which the authorisation was initially granted,
Honduras, India, Indonesia, Iraq, Iran, the Ivory Coast, Jordan, Kazakhstan,         he or she must submit an application for the corresponding FM3.
Kenya, Kyrgyzstan, Kiribati, Kuwait, Laos, Lesotho, Lebanon, Liberia, Libya,
Macedonia, Madagascar, Malawi, Maldives, Mali, Morocco, Mauritania,                  3.4 Documents
Mauritius, Myanmar, Moldova, Mongolia, Montenegro, Mozambique,                       Please see section 3.3 above
Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, North Korea, Oman,
Pakistan, Palestine, Papua New Guinea, Peru, the Philippines, Qatar, the
Russian Federation, Rwanda, Sahrawi Arab Democratic Republic, Rwanda, the            4. WORKERS    WHO MAY NOT NEED WORK PERMIT
Salomon Islands, Samoa, San Cristobal and Nevis, Saint Vincent and the
Grenadines, Saint Lucia, Sao Tome and Principe, Senegal, Serbia, Seychelles          4.1 General
Islands Sierra Leone, Syria, Somalia, Sri Lanka, Sudan, Suriname, Swaziland,         In accordance with Mexican immigration laws and regulations, all foreign
Thailand, Taiwan, Tanzania, Tajikistan, Timor Leste, Togo, Tonga, Tunisia,           nationals who wish to enter Mexico, regardless of purpose or intent, must
Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, the United Arab Emirates,             complete an FMM at their first port of entry and declare their intention and
Uzbekistan, Vanuatu, Vietnam, Yemen, Zaire, Zambia and Zimbabwe.                     proposed activities. This will then be subject to the authorisation of the
                                                                                     immigration authorities. If the foreign nationals wish to conduct business, as
3.2 Permitted Activities                                                             listed in section 3 above, or work, as further explained in section 5 below, they
Business visitor entrants may fall under two different categories in accordance      must, by law, obtain the appropriate permits. To date, Mexican immigration
with Mexican immigration laws and regulations:


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law and regulation does not provide for any special categories of immigrants       Applying before entering Mexico
who do not require a work permit.                                                  An application for Non-Resident Visitor Status (FM3) with paid activities must
                                                                                   be filed before the immigration authorities in Mexico. Once the process is
4.2 Procedures                                                                     complete and authorisation has been granted, the foreign national must go to
Not applicable.                                                                    the nearest Mexican consulate to obtain an FM3 photo-card. The foreign
                                                                                   national may not attempt to enter Mexico before the process is complete.
4.3 Documents
Not applicable.                                                                    Applying after entering Mexico
                                                                                   An application for obtaining Non-Resident Visitor Status (FM3) with paid
                                                                                   activities may be submitted by a foreign national who has entered Mexico as
5. WORK PERMITS                                                                    a tourist or visitor business person. Once the application has been filed, it will
                                                                                   take approximately four to six weeks for final authorisation.
5.1 General
In order to visit, live or permanently reside and legally work in Mexico, all      For Resident Status with paid activities, both previous options apply, with
foreign nationals must submit an application and obtain from the INAMI a           additional requirements to be fulfilled by the foreign national as well as an
work permit. Foreign nationals must comply with the various specific               express written intention on the part of the foreign national to reside in
requirements set forth in the immigration legislation in order to be in a          Mexico and conduct paid activities.
position to submit an application for a work permit with the INAMI. In
addition, it must be noted that the INAMI has, by law, the discretion either to    5.1.2 Documents
grant or refuse a permit.                                                          It must be noted that in order to obtain a work permit from the INAMI under
                                                                                   any of the above options, foreign nationals must provide written documents
Foreign nationals may work in Mexico legally under the following immigration       issued by the Mexican based entity wishing to employ them. Without a formal
status:                                                                            ‘work offer’ the INAMI will not authorise the work permit application. Under
                                                                                   Mexican immigration laws there is no provision for foreign nationals to enter
Non-Resident Visitor Status (FM3) with paid activities                             the country to seek job opportunities.
This immigration status refers to any foreign national working in Mexico for a
certain period of time who has no intention of residing in Mexico. The FM3 is      5.2 Special preference categories
authorised with a validity of up to one year and can be renewed up to four         Not applicable.
separate and subsequent times (i.e. five years in total). Once the five year
period is over, an application for residence under an FM2 may be submitted.        5.2.1 Procedures
                                                                                   Not applicable.
Resident Status (FM2) with paid activities
This immigration status refers to any foreign national working in Mexico who       5.2.2 Documents
intends to live in Mexico for an indefinite period of time. The FM2 is             Not applicable.
authorised with a validity of up to one year and can be renewed on up to four
separate and subsequent occasions (i.e. five years in total). Once the five year
period is over, application for permanent residence may be submitted.              6. LAWFUL   STAY FOR DEPENDANTS


5.1.1 Procedures                                                                   6.1 General
There are two options for applying and securing an authorisation for               Foreign nationals with either Non-Resident Visitor Status (FM3) with paid
Non-Resident Visitor Status (FM3) with paid activities:                            activities or Resident Status (FM2) with paid activities may request the
                                                                                   corresponding authorisation for entry or immigration status for their spouse



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and children only (referred to as Economic Dependants). Economic
Dependants are not authorised to work or conduct any other activities than
those related to their day-to-day lives as Economic Dependants and in
accordance with their age and school equivalence from their country of origin.

6.2 Procedures
Economic Dependants’ entry to Mexico will be documented with the same
immigration status, characteristics and validity as that of the foreign national
on whom they depend.

6.3 Documents
The dependants must produce a letter from the foreign national on whom
they depend, stating that he or she will pay their expenses and be financially
responsible for them.




   322
1. INTRODUCTION                             327

2. SOURCES OF LAW                           327

3. VISITORS FOR BUSINESS PURPOSES           327

3.1 Visas                                   327
3.2 Permitted Activities                    328
3.3 Procedures                              328
3.4 Documents                               328

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   329

4.1 General                                 329
4.2 Procedures                              329
4.3 Documents

5. WORK PERMITS
                                            329

                                            330
                                                  Netherlands
5.1 General                                 330
    5.1.1 Procedures                        330
    5.1.2 Documents                         330

5.2 Special Preference Categories           331
    5.2.1 Procedures                        331
    5.2.2 Documents                         332

6. LAWFUL STAY FOR DEPENDANTS               332

6.1 General                                 332
6.2 Procedures                              332
6.3 Documents                               332
                                      Immigration - An International Handbook - NETHERLANDS




1. INTRODUCTION

There are various different sources of Dutch law containing provisions on
immigration. During the last couple of years no extensive changes have
occurred in this area, except that specific transitional provisions have been
introduced containing regulations on work permits for employees of new EU
member states. In addition, the policy on so-called ‘highly skilled migrants’ has
been eased.


2. SOURCES    OF LAW


The fundamental provisions on Dutch immigration law are set out in:

•   The Aliens Act (‘Vreemdelingenwet’)
•   The Aliens Resolution (‘Vreemdelingenbesluit’)
•   The Act on the Employment of Foreigners (‘Wet Arbeid Vreemdelingen’,
    the ‘WAV’)
•   Regulations on work permits for employees of new EU member states, as
    laid down in specific transitional provisions.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Foreign nationals (other than EU, EFTA or Schengen country nationals) require
a visa. The rules vary depending on the nationality of the foreign national and
the intended length of stay, as follows:

•   For a stay of more than three months, the visitor must obtain a residence
    permit after entering the Netherlands. In order to enter the Netherlands,
    most foreign nationals (other than EU or EFTA citizens) require a
    provisional visa (Machtiging tot voorlopig verblijf, an ‘MVV’). The MVV is a
    provisional visa that you must have to enter the Netherlands if you wish to
    stay for more than three months.

•   For a stay of a maximum of three months, the foreign national (other than
    nationals of Schengen countries) must obtain a short stay visa in order to
    enter The Netherlands.

A list of the nationalities that need an MVV or short stay visa to enter the
Netherlands is available at www.minbuza.nl.



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3.2 Permitted Activities                                                               4. WORKERS   WHO MAY NOT NEED WORK PERMIT
Foreign nationals can come to the Netherlands to participate in business
meetings.                                                                              4.1 General
                                                                                       For some categories of worker, no work permit is required, for example, for:
3.3 Procedures
The visitor must apply for an MVV at the Dutch embassy or consulate in either          •   attendance at a meetings in the Netherlands for a maximum of four weeks
the country of the visitor or, if he or she is already living abroad, in the country   •   installation of machinery or software in the Netherlands for a maximum of
where the visitor is residing.                                                             twelve weeks
                                                                                       •   a ‘highly-skilled migrant’, who comes to the Netherlands to work as an
3.4 Documents                                                                              employee. To be considered as a highly-skilled migrant the employee must
                                                                                           have a gross annual income of at least EUR 49,087, or EUR 35,997 if he or
The MVV                                                                                    she is under 30. A highly-skilled migrant who has a residence permit is
In order to obtain an MVV the application must include:                                    allowed to work in the Netherlands for the period of the employment
                                                                                           contract, for a maximum of five years. A highly-skilled migrant does not
•   a valid passport                                                                       need a work permit.
•   a certified birth certificate
•   evidence of the business purpose of the trip (e.g. invitation by a Dutch           4.2 Procedures
    company)                                                                           For the work categories that include attendance at meetings and the
•   evidence of sufficient means of support for the stay in the Netherlands            installation of machinery, for example, a short stay visa is required. The
•   sponsor declaration                                                                procedures for obtaining a short stay visa are described in section 3 above.
•   evidence of medical travel insurance
•   two passport photographs.                                                          A highly-skilled migrant needs a residence permit only (i.e. not a work permit).
                                                                                       To use the highly-skilled migrant procedure, the employer must first sign a
                                                                                       declaration and a ‘request for advice preceding formal application for an MVV
Short-stay visa                                                                        in relation to a highly-skilled migrant’ and send these to the Immigration and
The visitor must apply for a short stay visa at the Dutch embassy or the con-          Nationalisation Service (‘Immigratie- en Naturalisatiedienst’, the ‘IND’). If the
sulate in the country of the visitor. The application must include:                    employer receives a positive indication, the employee may submit the MVV
                                                                                       application to the Dutch embassy or consulate. For the procedure for
•   valid passport                                                                     obtaining an MVV, see section 3 above. The employer or employee should
•   evidence of the business purpose of the trip (e.g. invitation by a Dutch           submit the application for a residence permit at the IND office for labour and
    company)                                                                           highly-skilled migrants.
•   evidence of sufficient means of support for the stay in the Netherlands
•   sponsor declaration                                                                4.3 Documents
•   evidence of medical travel insurance                                               The documents needed to obtain a short stay visa are listed in section 3 above.
•   proof of reservations for the journey
•   proof of return to country of origin or residence                                  For the documents required for obtaining a residence permit, see section 6
•   two passport photographs.                                                          below.




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5. WORK PERMITS                                                                 •   a copy of the foreign national’s passport
                                                                                •   the name of the employer and certain personal information about the
5.1 General                                                                         employee (name, date of birth, nationality, etc.)
With the exception of the categories described above, the law requires every    •   a recent extract of the Chamber of Commerce records of the employer
employee who is not a national of the EU or EFTA to have both a work permit     •   the employment agreement.
and a residence permit. There is only one type of work permit and it is
granted for a maximum of three years.                                           Residence permits
                                                                                The foreign national must submit the following documents to obtain a
5.1.1 Procedures                                                                residence permit:

Work permits                                                                    •   a valid passport
The employer is responsible for making the application for a work permit. The   •   two passport photographs
employer needs to provide specific information on the position and duties of    •   a signed background record
the employee, as well as information demonstrating that the amount of           •   a certified birth certificate
remuneration is in line with market levels. The application for a work permit   •   the employment agreement
must be made to the Employee Insurance Agency (the ‘UWV WERKbedrijf’). If       •   proof of application for a work permit
the employer receives positive advice, the employee may submit an application   •   proof of health insurance coverage
for an MVV to the Dutch embassy or consulate in order to enable the             •   proof of sufficient income.
employee to enter the Netherlands. The following requirements apply to
obtaining work permits:                                                         5.2 Special preference categories
                                                                                The special categories that exist in the Netherlands are as follows:
•   the employee must have applied for a residence permit
•   the employer must demonstrate that there is no equally suitable Dutch or    •   highly skilled migrants as described in section 4.2 above
    EU national available for the job                                           •   trainees, on the condition that they have a work placement agreement,
•   the position to be filled must have been reported as a vacancy by the           have sufficient long-term means of support and the employer has applied
    employer to the Employee Insurance Agency (UWV WERKbedrijf) at least            for a work permit
    five weeks before the request for a work permit was made                    •   scientific researchers pursuant to and within the meaning of Directive
•   the employee needs to earn at least the statutory minimum wage.                 2005/71/EC.

The procedure will normally take approximately five weeks.                      5.2.1 Procedures

Residence permits                                                               •   Highly skilled migrants must obtain an MVV (see section 3) and a residence
The foreign national must submit an application for a residence permit within       permit (see section 4.2).
three days of entering the Netherlands. The application must be made to the     •   trainees must obtain an MVV and a residence permit. Further, the
IND.                                                                                employer is responsible for making the application for a work permit (see
                                                                                    section 5).
5.1.2 Documents                                                                 •   scientific researchers: the research project must have been approved by the
                                                                                    educational establishment and the IND must have admitted the
Work permits                                                                        educational establishment to the procedure for scientific researchers
In general, the application must include:                                           within the meaning of Directive 2005/71/EC. The researcher must obtain
                                                                                    an MVV and a residence permit. The employer must apply for a work
•   a copy of the residence permit (or a copy of the residence permit               permit.
    application form)


    330                                                                                                                                                          331
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5.2.2 Documents
The documents needed to obtain an MVV, residence permit and work permit
are described in respectively section 3, 5 and 6.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
Dependants of the employee are persons who are:

•   married to, or have a registered partnership with the employee
•   the unmarried partner of the employee
•   minor children (not born in the Netherlands), living at the same address as
    the employee, who is the children’s parent
•   adult children, living at the same address as the employee, who is their
    parent
•   the father or mother of the employee, aged 65 or over and single
•   a foster child of the employee
•   children who have not yet been adopted, but are to be adopted into
    employees’ family
•   related to employee, but not minor children or the marriage partner of the
    employee, residing at the same address as the employee
•   family members of a non-privileged NATO employee
•   wishing to visit the employee in the Netherlands (for between three and six
    months).

6.2 Procedures
After entering the Netherlands with an MVV, the dependant must submit an
application for a residence permit to the IND.

6.3 Documents
Depending on the type of dependant, the dependant may be required to
submit the following additional documents and documentary evidence
together with the application:

•   an original extract (not a copy) from the Municipal Administration and
    dated within the last six months, showing the address and family
    composition of employee
•   copies of all of the pages of the front and back of the employees’ residence
    permit or of all of the pages of the passport in which employees’ residence
    permit has been entered
•   a Declaration of Relationship Annex completed in full and signed by the
    employee (if unmarried).


    332
1. INTRODUCTION                             337

2. SOURCES OF LAW                           337

3. VISITORS FOR BUSINESS PURPOSES           337

3.1 Visas                                   337
3.2 Permitted Activities                    337
3.3 Procedures                              338
3.4 Documents                               338

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   339

4.1 General                                 339
4.2 Procedures                              340
4.3 Documents

5. WORK PERMITS
                                            340

                                            341
                                                  Norway
5.1 General                                 341
    5.1.1 Procedures                        342
    5.1.2 Documents                         342

6. LAWFUL STAY FOR DEPENDANTS               343

6.1 General                                 343
6.2 Procedures                              345
6.3 Documents                               345
                                       Immigration - An International Handbook - NORWAY




1. INTRODUCTION

A new Immigration Act was adopted on 15 May 2008 and entered into force
on 1 January 2010. However, the new Act does not involve fundamental
changes in regard to work-related immigration.

As a member of the EEA agreement, Norway is bound to adapt national law
in accordance with the unified European market. Regulations governing the
free market in relation to the free movement of people and services are
particularly relevant. In contrast, immigration from non-EU countries that lie
outside the scope of the EEA agreement, is governed primarily by national
rules.

Due to its privileged economic situation, Norway has experienced a rush of
immigration in recent years, and the need to sustain and control it has
increased.


2. SOURCES    OF LAW


The main sources of law are the new Immigration Act and Immigration
Regulations of 15 May 2008 no 35, which came into force on 1 January 2010,
and the supplementary guidelines issued by the immigration authorities.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Most foreign nationals require a visa in order to enter and/or stay in Norway.
Holders of an EEA passport do not require a visa. In addition, nationals
from Schengen countries and nationals of countries that have visa
exemption agreements do not require a visa. An overview is available at
www.udi.no/Norwegian-Directorate-of-Immigration.

3.2 Permitted Activities
Foreign nationals are granted visitors’ visas to visit Norway as tourists, or for
the purpose of family visits, public assignments or business travel, study visits
or any other activity that does not require a residence/work permit. Visitors are
not entitled to work or perform any other business activities during their visit.

A visa to Norway (and any of the other Schengen countries) is valid for 90
days. The visa cannot be extended after entering the Schengen area and the
total residence time in the Schengen area must not exceed 90 days over the
course of six months.

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3.3 Procedures                                                                        •   the fee (they must pay a case-processing fee, regardless of the outcome of
A visa application is submitted in person to the nearest Norwegian foreign                their application).
service mission or by filing the application online using the missions’ websites.
Depending on the reason and intended duration of stay, different types of visa        Documentation requirements vary from country to country (e.g. special
exist, as follows:                                                                    rules apply to foreign nationals covered by the EEA Agreement or
                                                                                      the EFTA Convention) and are subject to variation. More detailed and
•   visitor’s visa for Norway and the Schengen area (‘type C visa’)                   up-to-date information about documents and fees, can be found at
•   visitor’s visa for Norway                                                         www.udi.no/Norwegian-Directorate-of-Immigration or by contacting the
•   visa with Limited Territorial Validity (‘VLTV visa’) (emergency visa)             nearest Norwegian foreign service mission.
•   visa for applying for or awaiting a decision on an application for family
    immigration (‘type D visa’)
•   fiancé(e) permit (i.e. residence permit to marry in Norway)                       4. WORKERS    WHO MAY NOT NEED WORK PERMIT
•   parental permit (i.e. residence permit for up to nine months to visit one’s own
    children in Norway)                                                               4.1 General
•   visa for persons who have been granted residence permits
•   visa for skilled workers (i.e. entry visa)                                        -   As a general rule, foreign nationals from countries outside the EEA area,
•   residence permit for medical treatment                                                who wish to work in Norway, must hold a work permit (see section 5).
•   visa application on behalf of artists                                             -   Foreign nationals from within the EEA area can live and work in Norway
•   visa for recreational sailing in Norwegian waters                                     for an indefinite period without a permit being required, provided that they
•   airport transit visa (‘type A visa’).                                                 follow the procedures set out in section 4.2 below.

More information about the different types of visa can be found at                    For foreign nationals from Bulgaria or Romania, who have not held a residence
www.udi.no/Norwegian-Directorate-of-Immigration.                                      permit in Norway for the last 12 months, special transitional rules apply and
                                                                                      they need to apply for a residence permit (see section 5 below).
3.4 Documents
Normally, irrespective of what country foreign nationals apply from, they must        There are some groups of foreign nationals from both inside and outside the
complete an application form and enclose the following documents:                     EEA area who are entitled to live and work in Norway without a specific work
                                                                                      permit. However, they must have obtained the legal right to remain via a visa,
•   a passport photo or a photo that meets specific requirements                      the law, a convention or by other means. Below is an overview of these
•   a copy of their passport and all the used pages in their passport                 groups:
•   a written invitation from the person they are to visit in Norway (i.e. the
    sponsor)                                                                          •   skilled workers who are not subject to a visa requirement
•   documentary evidence of the relationship, if they are to visit a family           •   foreign nationals engaged in certain three-month employment
    member                                                                                relationships
•   documentary evidence of sufficient financial means for their stay, or a           •   foreign nationals involved in certain two-week assignments
    declaration of guarantee issued by the person they are going to visit             •   foreign nationals who undertake market trading on one day per month
•   documentation of own funds for the stay or a guarantee declaration from           •   diplomats
    the sponsor                                                                       •   Nordic nationals
•   documentary proof of valid travel insurance and medical insurance                 •   certain categories of seafarers on board Norwegian ships
    (minimum value of EUR 30,000)                                                     •   certain categories of seafarers on board ships registered abroad.
•   translations into Norwegian or English of any documents that are in
    another language                                                                  For more detailed information regarding the above-mentioned main groups
                                                                                      and the exceptions, visit www.udi.no/Norwegian-Directorate-of-Immigration.


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4.2 Procedures                                                                       Service providers and business starters
Foreign nationals from the EEA countries mentioned above with a definite
work purpose who travel to Norway, must register online (at                          •   a valid identity card or passport
www.selfservice.udi.no) within three months of their arrival and subsequently        •   an employment contract with the employer abroad
attend in person at their nearest police station in order to make their stay         •   documentation from the client in Norway or the employer in another
legitimate. If they live in a district with a Service Centre for Foreign Workers,        EEA country, confirming the assignment and its duration.
they need to attend in person (www.sua.no/en/sua). After registration, they
will receive a registry certificate.                                                 More detailed information about the above-mentioned groups and other
                                                                                     types of work purposes, can be found at
Foreign nationals from the EEA countries mentioned above with no job (as             www.udi.no/Norwegian-Directorate-of-Immigration.
described above), must also follow this procedure after arrival. In addition, they
must register at ‘NAV’, the Norwegian Labour and Welfare Administration
(www.nav.no). After registration, they have the right to stay in Norway for six      5. WORK PERMITS
months, but will not receive a registry certificate. Once they have a job, or
other grounds for residence, they are obliged to register again. Subsequently,       5.1 General
they are required to attend at a police station in order to show the                 All other foreign nationals not mentioned in section 4 above, who intend to
documentation listed below. If they live in a district with a Service Centre for     stay and work in Norway for more than three months, must hold a work
Foreign Workers, they must attend in person in order to show said                    permit. Work permits are mainly issued on the basis of concrete job offers, and
documentation.                                                                       are therefore limited to one position with one employer only. Below is a list of
                                                                                     the positions for which work permits are available in Norway:
4.3 Documents
The documentation requirements for foreign nationals from the EEA area               •   au pairs
depend on the foreign national’s purpose in coming to Norway. The                    •   trainees (for vocational training)
documentary requirements for the most common groups are set out below:               •   skilled workers
                                                                                     •   workers on the continental shelf
Employees                                                                            •   working guests in agriculture
                                                                                     •   workers for a non-profit, humanitarian or religious organisation
•   a valid identity card or passport                                                •   journalists and media employees
•   an employment certificate or contract that is in compliance with the             •   specialists
    provisions of the Working Environment Act.                                       •   artists, musicians or performers (a work permit is not necessary for com
                                                                                         missions lasting less than 14 days per year)
Self-employed persons                                                                •   self-employed persons
                                                                                     •   seafarers on board foreign ships (however, cruise ships and foreign ships
•   a valid identity card or passport                                                    registered in a ship’s register in an EEA country do not require work
•   proof of self-employed status.                                                       permits)
                                                                                     •   part-time workers who are students
Persons with sufficient funds                                                        •   service providers and seconded employees
                                                                                     •   seasonal workers
•   a valid identity card or passport                                                •   ethnic cooks
•   documentary evidence of sufficient financial means to support themselves         •   market traders from Russia
    and their family                                                                 •   employees of international organisations
•   proof of private health insurance or a European health insurance card.           •   Peace Corps participants



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•   workers on working holidays for young people                                 •   documentary evidence of work experience, containing detailed
•   service providers and self-employed contractors                                  information from former employers about the duration, tasks undertaken
•   cross-border workers from Russia                                                 and the nature of the work
•   unskilled workers from Russia                                                •   a CV
•   researchers with their own funds.                                            •   for regulated professions: approval or authorisation
                                                                                 •   information about where they are going to stay
Details of work permits for the kind of work listed above can be found at        •   documentary evidence that the fee has been paid
www.udi.no/Norwegian-Directorate-of-Immigration.                                 •   if an employer is applying on the foreign national’s behalf, an authorisation
                                                                                     form.
5.1.1 Procedures
In principle, a work permit must be granted before a foreign national enters     Please note that, generally speaking, foreign nationals may enclose copies of
Norway. The application must be delivered at the Norwegian Embassy or            documents with the application, but must be able to present the originals
foreign service mission.                                                         upon request. Translations of the documents into Norwegian or English must
                                                                                 also be provided.
Foreign nationals who are in Norway lawfully (e.g. because they hold a valid
visa) may, however, apply for a work permit domestically in Norway.              5.2 Special preference categories
Completed application forms should be submitted to their local police station.   For special preference categories see section point 4.1.
As a general rule, a foreign national must personally file his or her work
permit application. However, an employer, or a representative, can also file a
work permit application on behalf of a foreign national, but this will only be   6. LAWFUL   STAY FOR DEPENDANTS
accepted with the written authorisation of the foreign national.
                                                                                 6.1 General
Note that a work permit also functions as a residence permit.                    Lawful stay for dependants depends on whether the foreign national working
                                                                                 in Norway (i.e. the sponsor) and the dependants themselves are citizens of an
5.1.2 Documents                                                                  EU, EEA or EFTA country.
Because there are so many different types of work permits in Norway, the
required application forms and documents can vary to a large degree.             If both the family members and the sponsor are foreign nationals from within
Accordingly, only the documentary requirements for skilled workers will be       the EEA area, the family members will be included in the registration
dealt with in this section. More information, including a complete list of       requirement for EEA nationals (i.e. a registration certificate), as described in
documentary requirements and information about standard fees, is available       section 4 above. The following are considered to be family members in this
at www.udi.no/Norwegian-Directorate-of-Immigration.                              category:

Skilled workers are required to submit the following documents:                  •   spouses or partners
                                                                                 •   cohabitants
•   a copy of their passport                                                     •   children and grandchildren below the age of 21
•   a passport photo or a photo that meets specific requirements                 •   parents and grandparents
•   an employment offer letter, signed by them and their employer                •   foster children under the age of 18
•   a print-out of information about their employer from the website of the      •   full siblings under the age of 18
    Central Coordinating Register for Legal Entities (www.brreg.no)              •   fiancé(e)s who are to marry an EEA national in Norway
•   documentary proof of education, containing information about its             •   family members in need of nursing care.
    duration, content and the level of the educational institution
                                                                                 More information about these groups can be found at
                                                                                 www.udi.no/Norwegian-Directorate-of-Immigration.


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If the family member is a foreign national from outside the EEA area, but the      More detailed information can be found at www.udi.no/Norwegian-
sponsor is from inside the EEA area, the family member must apply for a            Directorate-of-Immigration.
residence card. Those considered to be family members are as follows:
                                                                                   6.2 Procedures
•   spouses or partners                                                            The website mentioned above, concerning the three possible ways to seek
•   cohabitants                                                                    family immigration connected to a sponsor holding a work permit in Norway,
•   cohabitants with children, or expecting a child                                has detailed information about how to apply.
•   children and grandchildren below the age of 21
•   children and grandchildren over the age of 21 if the sponsor can provide       Family members of EEA nationals who are themselves EEA nationals must
    for them                                                                       register online (www.selfservice.udi.no) and subsequently attend in person at
•   parents and grandparents                                                       their nearest police station. If they live in a district with a Service Centre for
•   fiancé(e)s who are to marry an EEA national in Norway.                         Foreign Workers, they must attend in person. When they have registered, they
                                                                                   will receive a registration certificate. This certificate is issued free of charge and
More about the arrangements can be found at                                        is valid indefinitely (i.e. it does not need to be renewed).
www.udi.no/Norwegian-Directorate-of-Immigration.
                                                                                   Family members of EEA nationals who are not themselves EEA nationals, can
Family members from outside the EEA with sponsors from outside the EEA,            apply for a residence card through their local police district. However, if they
must follow the general regulations for family immigration. Family members         are subject to a visa requirement, they must have a visa to enter Norway. If they
who can apply are:                                                                 are applying from abroad, application forms must be submitted to the
                                                                                   Norwegian Embassy or foreign service mission.
•   a spouse or registered partner
•   a cohabitant with whom the foreign national (i.e. the sponsor) has lived for   To apply pursuant to the general regulations, a family member needs to fill in
    two years                                                                      an application form for work and residence. When applying for a family
•   cohabitants who have a child together (although they have not lived            immigration permit, the applicant must, as a rule, submit the application to the
    together for two years)                                                        relevant Embassy or Consulate in his or her home country or in the country in
•   children under the age of 18                                                   which he or she has held a residence permit for the last six months.
•   parents who have daily care and control of Norwegian children, or parents
    who have access rights to children in Norway.                                  If a family member applies for a family immigration permit as a spouse or
•   persons who are to marry foreign nationals (i.e. sponsors) living in Norway    cohabitant, the general rule is that the foreign national living in Norway must
    within six months of the family members’ entry into Norway                     have been interviewed by the police. This applies when the marriage or
•   single mothers or fathers over the age of 60, without immediate family in      cohabitation is established abroad, after the foreign national is already settled
    their home country                                                             and living in Norway. This scheme is used to clarify whether or not a family
•   cohabitants who are expecting a child together                                 member and a foreign national entered into the marriage or cohabitation
•   dependent children over the age of 18, without spouses or cohabitants,         voluntarily. There are, however, some exceptions to this rule, for example if the
    who remain or will remain in the home country while the rest of the            foreign national living in Norway had turned 25 when the marriage was
    family are granted residence in Norway                                         entered into. See www.udi.no/Norwegian-Directorate-of-Immigration for
•   full siblings under the age of 18, who have no parents or other care           more information.
    providers in their home country or country of residence.
                                                                                   6.3 Documents
If the applicant does not belong to any of the above mentioned groups, or          Family members of EEA nationals, who are themselves EEA nationals, must
does not meet all the requirements that apply, an application may still be         enclose the following documents with their application for a registration
allowed and will always be considered if there are strong humanitarian             certificate:
grounds for granting the application.


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•   a valid identity card or passport                                               •   other country-specific documentation of identity, if relevant (e.g. ID card or
•   documentation proving the family relationship, e.g. a marriage certificate,         household register)
    partnership certificate or birth certificate                                    •   documentary proof of housing (the deed, rental or sales contract for a
•   a registration certificate or documentary evidence of the basis for residence       dwelling in Norway)
    of the EEA foreign national with whom the family member came to                 •   documentary evidence that the foreign national resident in Norway is able
    Norway, or with whom he or she wishes to be reunited.                               to support the family member financially (if there are changes in income
                                                                                        while the application is being processed, the family member must submit
Family members of EEA nationals, who are not themselves EEA nationals, must             updated information)
enclose the following documents with their application for a residence card:        •   documentary proof that the foreign national resident in Norway has not
                                                                                        received financial support from social services during the last 12 months.
•   the application form
•   a copy of a valid passport                                                      Depending on which country a family member is applying from, the list of
•   documentary evidence of the family relationship (e.g. birth certificates of     enclosed documentation may vary. He or she should therefore check with the
    children, marriage certificates of spouses, documentation of the                Embassy or the Consulate in the country where he or she is applying from, as
    partnership, a transcript from the population register, joint rent contracts    to which documents must be enclosed. As a rule, documents should be
    or purchase contracts, joint loans with a cohabitant and documentation of       translated into Norwegian or English by a certified translator.
    cohabitants expecting or having children together)
•   documentation that the family member with whom the foreign national is          The originals of all the documents listed above must be available for presentation
    applying for family reunification, has the right of residence pursuant to EEA   when the application is filed.
    regulations (i.e. a registration certificate or other documentation)
•   documentary evidence that the family member is supported, if he or she is:
    - a child or grandchild over the age of 21
    - a parent or grandparent of the sponsor or the sponsor’s
        spouse, partner or cohabitant
    - a family member who has no other family in the
        home country and who is a member of the EEA foreign national’s
        household and is supported by him or her
    - a family member who has serious health problems and who can only
        be cared for by the sponsor.


If a family member applies pursuant to the general regulations, the
documentation he or she must enclose depends on the permit being applied
for. A list of additional documentary requirements can be found at
www.udi.no/Norwegian-Directorate-of-Immigration.

The following documents must however normally be enclosed with all
applications for family members’ immigration:

•   a passport photo (two recent copies)
•   a copy of the passport (all pages, including those not used)
•   the family member’s birth certificate



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1. INTRODUCTION                             351

2. SOURCES OF LAW                           352

3. VISITORS FOR BUSINESS PURPOSES           352

3.1 Visas                                   352
3.2 Permitted Activities                    353
3.3 Procedures                              353
3.4 Documents                               354

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   354

4.1 General                                 354
4.2 Procedures                              354
4.3 Documents

5. WORK PERMITS
                                            354

                                            354
                                                  Panama
5.1 General                                 354
    5.1.1 Procedures                        355
    5.1.2 Documents                         356

5.2 Special Preference Categories           357
    5.2.1 Procedures                        357
    5.2.2 Documents                         358

6. LAWFUL STAY FOR DEPENDANTS               360

6.1 General                                 360
6.2 Procedures                              360
6.3 Documents                               360
                                       Immigration - An International Handbook - PANAMA




1. INTRODUCTION

While all matters relating to visas are regulated by the National Immigration
Service (‘NIS’), all matters relating to work permits are regulated by the
Ministry of Work and Labour Development (‘Ministry of Labour’).
Consequently, there are two different governmental entities regulating the
stay of foreign nationals in Panama.

All foreign nationals who wish to work in Panama must obtain a work permit
from the Ministry of Labour. This permit is issued for a particular job, is valid
for one year and can be renewed annually (indefinitely in the case of foreign
nationals who have more than ten years’ continuous residence in Panama).

The Labour Code establishes that every employer can hire non-specialist
foreign personnel, if the proportion of foreign personnel is no more than 10%
of the employer’s regular workforce. The employer can, however, employ
foreign specialist or technical personnel, if their number does not exceed 15%
of the total workforce. Notwithstanding this, a larger percentage of foreign
specialists or technicians may be permitted, if the employer obtains a prior
recommendation from the respective Ministry and approval by the Ministry of
Labour.

In the case of offshore organisations, foreign nationals may request work
permits as ‘employees of trust’, which are exempt from compliance with the
percentages indicated above, due to the fact that their salary is derived from
a foreign source and their functions have been performed abroad.

Moreover, pursuant to the Marrakech Agreement (an international
commitment adopted by Panama), an organisation with no more than ten and
no fewer than three full-time Panamanian workers, does not need to comply
with the percentages indicated above and as such can have up to one full-time
foreign employee.

On the other hand, the government of Panama has implemented laws
applicable to specific industrial and commercial sectors that contain special
immigration, labour and tax benefits. These specific sectors are: call centres;
the special economic area, Panama-Pacific (Howard); organisations contracted
by the Panama Canal Authority; organisations established in export processing
zones; headquarters of multi-national companies; and organisations
established in the ‘City of Knowledge’.




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2. SOURCES    OF LAW                                                                   authorisation from NIS in order to enter Panama. The foreign national must
                                                                                       request authorisation at the Consulate of Panama in their country of residence.
The main sources of law governing immigration in Panama are:                           Alternatively, an interested party resident in Panama can request one directly.

•   Decree Law 3 of 2008: this created the National Immigration Service, the           Foreign nationals with visas issued by the United States of America, Australia,
    Migratory Career and approved other dispositions                                   Canada, the United Kingdom or by any EU State, can enter Panama simply by
•   Executive Decree 320 of 2008: this regulated Decree Law 3 of February              purchasing a tourist card.
    2008
•   Executive Decree 26 of 2009: this changed, added and repealed certain              Stamped Visa
    provisions of Executive Decree 320 of 2008                                         A stamped visa applies to certain foreign nationals and does not require prior
•   Executive Decree 17 of 1999: this regulated articles 17 and 18 of the              authorisation from the NIS. The application can be filed at the Consulate of
    Labour Code in respect of work permits                                             Panama in their country of residence. If accepted, the Consulate issues the
•   Law 41 2007: this created a special regime for the establishment and               corresponding tourist visa and approves the length of stay.
    operation of the Headquarters of Multi-National Companies, and approved
    other dispositions                                                                 Tourist Card
•   Law 45 of 1999: this established a migratory regime for foreign employees          The citizens of countries who are allowed to travel to Panama with a tourist
    of the Panama Canal Authority                                                      card may simply purchase the document from the relevant airline.
•   Law 41 of 2004: this created a special regime for the establishment and
    operation of the Special Economic Area Panama-Pacific (Howard), an                 Visa Omission Agreement
    independent organisation of the State                                              The countries listed in this category have signed a visa omission agreement
•   Law 25 of 1992: this established a special regime that creates and                 with Panama, by which they reciprocally exempt relevant foreign nationals
    regulates the operation of the Export Processing Zones                             from visa requirements.
•   Executive Decree 97 of 2002: this created Call Centres
•   Law Decree 6 of 1998: this approved a contract between the government              Visa Exemption
    of Panama and the City of Knowledge Foundation for the establishment               Citizens of the countries listed in this category do not require a visa.
    and development of the City of Knowledge.
                                                                                       A list of all the categories of nationalities referred to above can be found at
                                                                                       www.panamatramita.gob.pa
3. VISITORS   FOR BUSINESS PURPOSES
                                                                                       3.2 Permitted Activities
3.1 Visas                                                                              Under the various visas described above any activities are permitted except
In general, every foreign national needs a visa to enter Panama. In this respect,      work.
all foreign nationals enter the country as tourists, and can later change their
migratory status and apply for any of the available types of visa. The tourist         3.3 Procedures
visa is valid for 30 days and can be extended for up to 60 days. Some
nationalities require a tourist card, while for others no visa is required, as their   Visa
country of origin has signed a ‘visa omission agreement’ with Panama.                  The authorisation is requested at the Consulate of Panama in the country of
                                                                                       residence or directly in Panama by an interested resident party
The various types of visa are:
                                                                                       Stamped Visa
Visa                                                                                   The application may be filed at the Consulate of Panama in the country of
An authorised visa is required for foreign nationals who need prior                    residence. If accepted the Consulate will issue a tourist visa and approve the
                                                                                       length of stay.


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Tourist Card                                                                         permit from the NIS. By the same token, the Ministry of Labour requires that
The foreigner must purchase a tourist card at the airport or from the airline.       all foreign nationals who work in Panama must obtain a work permit.

Visa Omission agreement                                                              For those reasons, every foreign national who wishes to work in Panama
Only the passport is required.                                                       requires a work permit issued by the Ministry of Labour, after having previously
                                                                                     changed his or her migratory status at the NIS.
Visa exemption
Only the passport is required.                                                       5.1.1 Procedures
                                                                                     The timeframe described below applies to all of the permits listed. Upon filing
3.4 Documents                                                                        the application, a special one-year permit is granted to the foreign national for
The required documents are:                                                          the processing of the documents. Upon the expiry of the initial permit, and
                                                                                     provided that all the documents are in order, a temporary residence permit is
•   completed visa form application                                                  granted, valid for up to one year. The foreign national can request extensions
•   copy of the passport                                                             for successive periods of one year each, renewable each year, for up to six
•   travel itinerary                                                                 years. In the case of a residence permit within the 10% or 15% of the
•   copy of ID in the country of residence                                           regular workforce allowed by law, once the six-year period has elapsed, the
•   six updated identity card photos of the applicant                                foreign national can apply for permanent residence.
•   proof of financial solvency                                                      There are four types of work visa:
•   letter from the person requesting or inviting the foreign citizen, containing
    the reason for the invitation (conference, meeting, visit, etc.); the proposed   Temporary permit for foreign personnel hired within 15% of the
    length of stay and copy of the ID residence card of the person signing the       regular workforce
    letter of invitation                                                             This residence permit usually applies to foreign nationals who are employed as
•   bank reference letter from the responsible person.                               managers, employees of trust, technicians or experts. It is granted to those
                                                                                     who do not have a personal income and who are hired by a legal entity,
                                                                                     earning a minimum monthly salary of PAB 850. The foreign national must first
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                           have obtained a work permit within the 15% exemption from the Ministry of
                                                                                     Labour.
4.1 General
Without exception, all foreign nationals who wish to work in Panama, must            The permit is granted for periods of one year each, up to a total of six years.
obtain a work permit from the Ministry of Labour.                                    Once the six-year period has elapsed, the foreign national can apply for
                                                                                     permanent residence.
4.2 Procedures
Not applicable.
                                                                                     Temporary permit for foreign personnel hired within 10% of the
4.3 Documents                                                                        regular workforce
Not applicable.                                                                      This residence permit is granted to foreign nationals who are hired within the
                                                                                     10% exemption allowed by law.

5. WORK PERMITS                                                                      It is granted to those who are hired by a legal entity and who earn a minimum
                                                                                     monthly salary of PAB 850. It is essential for the application to be approved,
5.1 General                                                                          that it must be accompanied by a resolution issued by the Ministry of Labour,
The law requires that all foreign nationals obtain some type of residence            authorising the foreign national to work in Panama within the 10%
                                                                                     exemption allowed by law.


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The permit is granted for periods of one year each, up to a total of six years.      •   his or her passport, with a minimum validity of six months and a recent
Once the six-year period has elapsed, the foreign national can apply for                 identity card-type photo
permanent residence.                                                                 •   a labour employment agreement, duly countersigned by the Ministry of
                                                                                         Labour
Temporary permit for personnel hired pursuant to the Marrakech                       •   a letter of employment on the organisation’s letterhead, establishing his or
Agreement                                                                                her position and monthly salary, signed by the organisation’s legal
This permit is granted to foreign nationals who come to Panama to work for               representative
organisations with no more than ten and no fewer than three full-time                •   a copy of the organisation’s notice of operations
Panamanian employees. The foreign nationals need to receive minimum                  •   a copy of the Public Registry certificate for the organisation
wages under the Marrakech Agreement, adopted by Panama, pursuant to Law              •   his or her work permit
23 of 1997. To obtain this permit the foreign national must receive a monthly        •   a certificate of affiliation to the Social Security Fund, with a copy of the
salary of no less than PAB 1,000.                                                        identity card issued by it
                                                                                     •   a receipt of good standing for the organisation as regards tax.
The permit is granted for periods of one year each, up to a total of six years.
                                                                                     5.2 Special preference categories
Temporary permit for personnel hired as executives of international                  Under current legislation, there are six types of special permits for personnel
organisations with duties that are performed abroad                                  hired by:
This permit, also known as an ‘executive visa’, is granted to foreign
nationals who are hired as senior executives with representative powers, who         •   the headquarters of multi-national companies
receive their salary from abroad and will only use Panama for residence              •   the Panama Canal Authority
purposes. This visa enables executives to use Panama as a regional base of           •   the special economic area Panama-Pacific (Howard)
operation and at the same time receive all the advantages that Panama offers         •   the Panama Export Processing Zones
as an international financial and business centre. The permit is granted for a       •   call centres
period of one year, however, the foreign national can request extensions for         •   personnel hired by the City of Knowledge.
successive periods of one year each. The law does not establish limits in
granting extensions for this type of visa.                                           5.2.1 Procedures

5.1.2 Documents                                                                      For personnel hired by the headquarters of multi-national companies
The foreign national should submit the following documents when applying             This permit is granted pursuant to Law 41 of 2007, which created a special
for a visa:                                                                          regime for the establishment and operation of the headquarters of
                                                                                     multi-national companies. It also established special benefits.
•   a certified or cashier's cheque for PAB 250, made out to the National
    Treasury                                                                         For personnel hired by the Panama Canal Authority
•   a certified or cashier's cheque for PAB 800, made out to the NIS, to cover       This permit is granted pursuant to Law 45 of 1999, which established a
    repatriation expenses                                                            migratory regime for foreign employees of the Panama Canal Authority.
•   a sworn affidavit regarding his or her personal background, duly signed by
    him or her (the form is provided by the NIS)                                     For personnel hired by the special economic area Panama-Pacific
•   a health certificate issued by a Panamanian physician, which must contain        (Howard)
    the name, registry number, and signature of the physician that carried out       This permit is granted pursuant to Law 45 of 1999, which created a special
    the examination. The name of the foreign national must be written in the         regime for the establishment and operation of the special economic area
    same way as appears in his or her passport                                       Panama-Pacific (Howard).
•   a certificate of good conduct issued in his or her country of origin or in the
    place of his or her residence for the last two years


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For personnel hired by the Panama Export Processing Zone                         •   a certified or cashier's cheque for the amount of PAB 100, made out to
This permit is granted pursuant to Law 25 of 1992, which established a               the National Treasury.
special regime, integral and simplified, for the creation and operation of the
Export Processing Zones.                                                         Permit for personnel hired by the special economic area Panama-Pacific
                                                                                 (Howard)
For personnel hired by a Call Centre
This permit is granted pursuant to Executive Decree 97of 2002, which created     •   the work permit
Call Centres.                                                                    •   a letter of employment on the organisation’s letterhead
                                                                                 •   a certificate issued by the Panama Pacific Area Economic Agency
For personnel hired by the City of Knowledge                                         establishing the register of the organisation in the area
This permit is granted pursuant to Law Decree 6 of 1998, which approved a        •   a certificate of affiliation to the Social Security Fund, with a copy of the
contract between Panama and the City of Knowledge Foundation, for the                identity card issued by it
establishment and development of the City of Knowledge.                          •   a certificate of good standing issued by the Panama Pacific Area Economic
                                                                                     Agency in favour of the organisation.
5.2.2 Documents
The general documentary requirements for all residence permits are:              Permit for personnel hired by the Panama Export Processing Zone
                                                                                 A certified or cashier's cheque for the amount of PAB 250, made out to the
•   a sworn affidavit regarding the foreign national’s personal background,      National Treasury; a certified or cashier's cheque for the amount of PAB 800,
    duly signed by him or her (the form is provided by the NIS)                  made out to the National Immigration Service, to cover repatriation expenses;
•   a health certificate issued by a Panamanian physician, which must contain    a certificate issued by the Panama Export Processing Zone Directorate,
    the name, registry number and signature of the physician who carried out     certifying the registration of the organisation in the area; a letter of
    the examination. The name of the foreign national must be written in the     employment on the organisation’s letterhead; and a certificate of affiliation to
    same way as appears in his or her passport                                   the Social Security Fund, with a copy of the identity card issued by it.
•   a certificate of good conduct, issued in the foreign national’s country of
    origin or in the place of his or her residence for the last two years        Permit for personnel hired by a call centre
•   the foreign national’s passport, with a minimum validity of six months,
    having six recent identity card-type photos of the foreign national.         •   a certified or cashier's cheque for the amount of PAB 250, made out to
                                                                                     the National Treasury; a certified or cashier's cheque for the amount of
The specific requirements for each particular permit are:                            PAB 800, made out to the NIS, to cover repatriation expenses; a certificate
                                                                                     issued by the Panama Export Processing Zone Directorate, certifying the
Permit for personnel hired by headquarters of multi-national                         registration of the organisation
companies                                                                        •   a letter of employment on the organisation’s letterhead
                                                                                 •   a certificate of affiliation to the Social Security Fund, with a copy of the
•   a certificate issued by the Licence Authority for the headquarters of            identity card issued by it.
    multi-national companies
•   a letter of employment on the organisation’s letterhead.                     Permit for personnel hired by the City of Knowledge

Permit for personnel hired by the Panama Canal Authority                         •   a certificate issued by the City of Knowledge Foundation, certifying the
                                                                                     registration of the organization and a letter of employment on the
•   a copy of the contract with the Panama Canal Authority                           organisation’s letterhead
•   a certificate issued by the Panama Canal Authority Manager establishing      •   a certificate of affiliation to the Social Security Fund, with a copy of the
    the employment conditions                                                        identity card issued by it.



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6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
All residence permits allow for the lawful stay of dependent spouses and minor
children of the principal foreign national.

6.2 Procedures
All dependants enter Panama as tourists, and must later change their
migratory status and apply for a residence permit as a dependant.

Upon filing the application, a special one-year permit is granted to the
dependant applicant for the processing of the documents. Upon the expiry of
the initial permit and provided that all the documents are in order, a
temporary residence permit is granted, valid for up to one year. The dependant
can request extensions for successive periods of one year each, the length of
which will depend on the conditions of residence granted to the principal
foreign national.

6.3 Documents
The dependant should submit the following documents:

•   a certificate of good conduct issued in his or her country of origin or in his
    or her place of residence for the last two years (only applicable to
    dependants over 18 years of age)
•   a letter from the principal foreign national assuming responsibility for the
    dependant
•   proof of the relationship (e.g. marriage and birth certificates)

An adult dependant who is less than 25 years of age must provide:

•   an academic certificate issued by his or her educational institution,
    confirming his or her status as a student and that the studies are full time
    a sworn affidavit of his or her unmarried state.




    360
1. INTRODUCTION                             365

2. SOURCES OF LAW                           365

3. VISITORS FOR BUSINESS PURPOSES           365

3.1 Visas                                   365
3.2 Permitted Activities                    366
3.3 Procedures                              366
3.4 Documents                               366

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   366

4.1 General                                 367
4.2 Procedures                              367
4.3 Documents

5. WORK PERMITS
                                            367

                                            367
                                                  Peru
5.1 General                                 367
    5.1.1 Procedures                        368
    5.1.2 Documents                         368

5.2 Special Preference Categories           368
    5.2.1 Procedures                        368
    5.2.2 Documents                         368

6. LAWFUL STAY FOR DEPENDANTS               369

6.1 General                                 369
6.2 Procedures                              369
6.3 Documents                               369
                                          Immigration - An International Handbook - PERU




1. INTRODUCTION

The Immigration Department is responsible for establishing the policies and
procedures necessary to enable it to fulfill its duties as set out in law. The
Immigration Department endeavours to streamline the process of issuing
travel documents, optimise immigration control, manage the stay of foreign
nationals in Peru, and grant ‘letters of nationality’.


2. SOURCES    OF LAW


The main immigration laws in Peru are the following:

•   the Foreign Law, approved by Legislative Decree no 703 and
•   the Nationality Law (Law no 26574) and Regulation no 004-97-IN made
    under it.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Whether a visa is needed depends on the nationality of the foreign national.
Business visas may be granted for nationals of the following countries:

Afghanistan, Albania, Andorra, Angola, Antigua and Barbuda, Algeria,
Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain,
Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia
and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Burkina, Faso,
Burundi, Cape Verde, Cambodia, Cameroon, Canada, Chad, Chile, Colombia,
Comoros, Congo, Cook Islands, Côte d'Ivoire, Costa Rica, Croatia, Cuba,
Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France,
Gabon, Gambia, Georgia, Germany, Ghana, Granada, Greece, Guatemala,
Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti, Honduras, Hong
Kong, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Kenya, Kinbati, Kuwait, Kyrgyzstan, Laos, Latvia,
Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg,
Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall
Islands, Mauritania, Mexico, Micronesia, Moldova, Monaco, Mongolia,
Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New
Zealand, Nicaragua, Niger, Nigeria, Niue, North Korea, Norway, Pakistan,
Palau, Panama, Papua New Guinea, Paraguay, People’s Republic of China,



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Philippines, Poland, Portugal, Qatar, Republic of Central Africa, Rwanda,         4.1 General
Romania, Russia, Sahara Occidental, Salomon Islands, Samoa, Saint Kitts and       The following two special categories of entrant exist:
Nevis, San Marino, San Vicente, Saudi Arabia, Senegal, Serbia and
Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia,     Students: to whom visas are granted for study in Peru
South Africa, South Korea, Spain, Sri Lanka, St. Lucia, St. Tome and Principe,
Sudan, Surinam, Swaziland, Sweden, Switzerland, Syria, Taiwan, Tanzania,          Investors: to whom visas are granted for investment purposes. To
Tajikistan, Thailand, East Timor, Togo, Tonga, Trinidad and Tobago, Tunis,        demonstrate the validity of the investment, it is necessary to show the
Turkmenistan, Turkey, Tuvalu, Uganda, Ukraine, United Arab Emirates, United       incorporation documents of the company in which the investor (a natural
Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vatican City,               person) owns stock of a minimum amount of USD 25,000 or its equivalent in
Venezuela, Vietnam, Yemen, Zaire, Zambia and Zimbabwe.                            nuevos soles.

3.2 Permitted Activities                                                          4.2 Procedures
The business visa applies to foreign nationals who enter in Peru with no          In the case of a student or investor a residence visa may be granted,
intention to reside and no income from a Peruvian source. The purpose of the      depending on the length of stay in Peru. If the length of stay is to be more
business trip in this case would be to do business and the visa would allow       than a year, a residence visa and a foreigner card would be granted.
them to sign agreements.
                                                                                  4.3 Documents
3.3 Procedures
A foreign national wishing to apply for a business visa should do so before the   Students
Peruvian consulate in his or her country of residence and the required
documents would depend on the consulate.                                          •   registration at the educational institution
                                                                                  •   application form
3.4 Documents                                                                     •   original passport plus a copy
The required documents are as follows:                                            •   etter from the foreign national allowing another person to represent
                                                                                      him or her before the Immigration Department, if applicable.
•   letter granted by the Peruvian organisation
•   air ticket                                                                    Investors
•   hotel reservation in Peru
•   original passport plus a copy                                                 •   public deeds of incorporation of the company
•   public deed of company incorporation                                          •   application form
•   bank statements                                                               •   original passport plus a copy
•   copy of credit cards belonging to the applicant.                              •   letter from the foreign national allowing another person to represent
                                                                                      him or her before the Immigration Department, if applicable.

4. WORKERS    WHO MAY NOT NEED WORK PERMIT
                                                                                  5. WORK PERMITS
Note that any change to the immigration status of a foreign national can take
between 30 and 45 days to process, which means that it is possible for a          5.1 General
foreign national entering Peru for less than 30 days to find him or herself       A work permit is required for foreign nationals who enter the country to carry
unable to obtain the corresponding visa.                                          out ‘labour activities’ pursuant to an agreement which has the prior approval
                                                                                  of the Labour Authority.




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Foreign employees may also enter Peru on a business or tourist visa granted by     6. LAWFUL   STAY FOR DEPENDANTS
the Peruvian consulate, if applicable.
                                                                                   6.1 General
5.1.1 Procedures                                                                   The rules apply to the foreign national’s spouse, children and parents.
To obtain a work permit the applicant must have an employment agreement
with a Peruvian organisation, which is then approved by the Peruvian Labour        6.2 Procedures
Authority, following which, the procedure to change the applicant’s                Once the principal visa has been granted, the family must request a change of
immigration status to a work permit will be initiated. Once a work permit and      immigration status, which is dependent on the principal visa. Please note that
a ‘foreigner card’ have been granted, the employee is permitted to perform his     this kind of visa may be granted for minor children (up to 18 years), children
or her services to the local organisation.                                         with disabilities who are over 18 years and single daughters.

Peruvian law does not allow any foreign national with a business or tourist visa   6.3 Documents
to work before the labour agreement has been approved and the work permit          The following documents are required, as appropriate:
obtained.
                                                                                   •   duly legalised marriage certificate
5.1.2 Documents                                                                    •   duly legalised birth certificate
                                                                                   •   documents proving disability
•   employment agreement duly approved                                             •   single status certificate
•   immigration form                                                               •   copy of the employment agreement of the principal visa-holder
•   original passport plus a copy                                                  •   application form
•   guarantee letter granted by the Peruvian employing organisation                •   original passport plus a copy
•   letter from the foreign national allowing another person to represent          •   letter from the foreign national allowing another person to represent
    him or her before the Immigration Department, if applicable.                       him or her before the Immigration Department, if applicable.

5.2 Special preference categories                                                  Please be informed that whether the visa is granted and what it stipulates will
In Peru there are special rules for secondees, as below.                           depend on the purpose of the stay in Peru.

5.2.1 Procedures                                                                   In the case of residence visas, all foreign nationals must also obtain a foreigner
The procedure involves the production of the documents listed below.               card. To maintain the validity of this, i) in each year of residence the visa must
                                                                                   be renewed and ii) each year between January and March, the annual
5.2.2 Documents                                                                    immigration fee must be paid.
The following documents are required for employees of foreign organisations
seconded to work for a Peruvian Company:

•   service agreement between the foreign and the Peruvian organisation
•   secondment letter granted by the foreign organisation
•   application form
•   original passport plus a copy
•   letter from the foreign national allowing another person to represent
    him or her before the Immigration Department, if applicable.




    368                                                                                                                                                            369
1. INTRODUCTION                             373

2. SOURCES OF LAW                           373

3. VISITORS FOR BUSINESS PURPOSES           374

3.1 Visas                                   374
3.2 Permitted Activities                    374
3.3 Procedures                              375
3.4 Documents                               375

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   375

4.1 General                                 375
4.2 Procedures                              376
4.3 Documents

5. WORK PERMITS
                                            377

                                            377
                                                  Poland
5.1 General                                 377
    5.1.1 Procedures                        378
    5.1.2 Documents                         379

5.2 Special Preference Categories           379

6. LAWFUL STAY FOR DEPENDANTS               379

6.1 General                                 379
6.2 Procedures                              380
6.3 Documents                               381
                                       Immigration - An International Handbook - POLAND




1. INTRODUCTION

Polish immigration law has been significantly influenced by the Polish
membership of the European Union and the rules of free movement of
persons and employees. As a consequence, foreign nationals from the
Member States of the EU, the European Economic Area and Switzerland are
released from the obligation to obtain a visa (or residence permit) and work
permit. In general, they have the right to stay in Poland for a period not
exceeding three months. At the end of three months, they should register their
stay on a special register of stay for EU and EEA citizens, which is maintained
by the regional governor (‘wojewoda’), and obtain a certificate of stay. The
application to the register of stay for EU and EEA citizens should be submitted
no later than one day after the lapse of the initial three-month stay.

Other foreign nationals are subject to certain restrictions. In general, to work
in Poland a foreign national requires both a visa and a work permit. It is not,
however, necessary for a foreign national to receive a residence permit to work
in Poland; it can be replaced by an appropriate visa.

Recently, the formalities concerning employment of a foreign national in
Poland have been simplified. The process is generally divided into two stages.
Firstly, the foreign national should be granted a work permit, following an
application submitted by his or her employer to the relevant public office.
Thereafter, the foreign national applies for the appropriate visa.

There are also a number of special exceptions to the work permit requirement
applicable to non-EU, non-EEA and non-Swiss nationals (please see section 4
below). Nevertheless, such foreign nationals still need to obtain the right to
enter and stay legally in Poland (e.g. the proper visa or residence permit).


2. SOURCES   OF LAW


The main sources of law governing immigration in Poland are as follows:

•   Act of 13 June 2003 on Foreigners (Journal of Laws of 2006, No 234, Item
    1694, as amended)
•   Act of 14 July 2006 on Entry, Residence and Exit from the Republic of
    Poland of Nationals of the European Union Member States and their Family
    Members (Journal of Laws No 144, Item 1043, as amended)
•   Act of 20 April 2004 on Promotion of Employment and Labour Market
    Institutions (Journal of Laws of 2008 No 69, Item 415, as amended)



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•   Regulation of the Minister of Labour and Social Policy of 29 January 2009       3.3 Procedures
    on Issuing Work Permits for Foreigners (Journal of Laws No 16, Item 84)         Visa applications should be submitted to Polish Consulates. In practice, the
•   Regulation of the Minister of Labour and Social Policy of 30 August 2006        granting of a visa takes about 7 days. Depending on the particular Polish
    on foreign nationals working without the obligation to obtain a work            Consulate’s procedure, this may be shorter or longer and may even be longer
    permit (Journal of Laws No 156, Item 1116, as amended)                          than a few weeks.
•   Regulation of the Minister of Internal Affairs and Administration of 28 July
    2010 on Visas for Foreign Nationals (Journal of Laws No 151, Item 1015).        3.4 Documents
                                                                                    In general, when applying for a visa, the following documents should be
                                                                                    submitted:
3. VISITORS   FOR BUSINESS PURPOSES
                                                                                    •   the application form, completed in Polish, or in a foreign language
3.1 Visas                                                                           •   one passport sized photo
Foreign nationals from outside the EU, the EEA and Switzerland need a visa to       •   a valid travel document (e.g. a passport), the validity of which cannot
enter and remain in Poland, if they are not exempt from the obligation to               be less than three months from the date on which the foreign national is
obtain one by the international visa agreements concluded by Poland and their           obliged to leave Poland based on the visa that is granted; the document
respective countries.                                                                   must have been issued not more than 10 years ago
                                                                                    •   a health insurance certificate or an insurance company statement con
A more precise list of countries whose citizens are not required to obtain a visa       firming that it will cover the cost of medical treatment incurred in Poland
is available on the website of the Ministry of Foreign Affairs at:                      (which should be valid for the period of the intended stay)
www.msz.gov.pl.                                                                     •   documents confirming possession of sufficient financial means to stay in
                                                                                        Poland and return to the country of origin or confirmation of the
3.2 Permitted Activities                                                                possibility of obtaining such financial means.
There are several types of visa in Poland. The correct visa for business
purposes is a visa for the purpose of conducting business activities, which         Depending on the particular Polish Consulate’s procedure, additional/other
according to the Regulation on Visas for Foreign Nationals, has an official visa    documents may be required.
number of ‘04’.

Business visitors are allowed to engage in almost all activities connected with     4. WORKERS   WHO MAY NOT NEED WORK PERMIT
conducting business activities, e.g. hold positions on management boards
(boards of directors) for the first six months of their stay, attend meetings,      4.1 General
conferences or events connected with trade or industry and take part in fair        There are several categories of foreign nationals who do not need work
and congresses.                                                                     permits, including, in particular:

However, a business visa does not allow foreign nationals to work in Poland         •   members of management boards (boards of directors), who do not need a
on the basis of an employment agreement. For the purpose of employment,                 work permit for the first six months of their stay
the correct visa is a visa issued explicitly for the purpose of work (‘w celu       •   foreign nationals from Poland’s neighbouring countries of Russia, Belarus
wykonywania pracy’), which according to the Regulation on Visas for Foreign             and Ukraine, as well as Georgia and Moldavia, are exempt from the
Nationals, has an official visa number of ‘07’.                                         obligation to obtain work permits for the first six months of a consecutive
                                                                                        12-month period




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•   foreign nationals who have permanent residence abroad and are                    However, a residence permit can replace a visa in documenting a foreign
    seconded by a foreign employer for a period not exceeding three months           national’s legal stay in Poland. A residence permit may also be granted after
    during a calendar year, for the purpose of:                                      obtaining a work permit or after an employer’s statement that it intends to
    - assembling, preserving or repairing machines, devices or other                 employ the foreign national (if the work permit is not required).
        equipment produced by a foreign employer
    - receiving ordered machinery, devices, other equipment or parts                 4.3 Documents
        produced by a Polish undertaking                                             The declaration referred to above, together with the visa application, should
    - training the staff of a Polish employer, which is to receive devices,          be submitted by the foreign national to the relevant Polish Consulate. If he or
        machines or other equipment within the scope of service and proper           she can stay legally in one of the Member States of the EU or the EEA or
        use of the equipment                                                         Switzerland, he or she may apply for a work visa to the Polish Consulate
    - installing, dismantling and maintaining trade stalls, if the foreign           located in that country.
    employer is the exhibitor
•   students, holding a residence permit for a definite period of time
•   certain categories of foreign language teachers                                  5. WORK PERMITS
•   certain categories of accredited foreign media correspondents
•   clergymen, members of religious orders and congregations, who are                5.1 General
    recognised by relevant provisions of law, who perform work in accordance         There are five types of work permit in Poland:
    with their function in a church or other religious entity.
                                                                                     Type A Work Permit
4.2 Procedures                                                                       A type A work permit is for a foreign national who works in Poland on the
Exemption from the obligation to obtain a work permit does not constitute the        basis of an agreement with the entity or individual whose registered office,
right to enter or to stay in Poland. Foreign nationals who may not need work         place of residence, branch, plant or other form of business activity is located
permits are allowed to enter, stay and work in Poland only after obtaining a         in Poland.
visa for the purpose of working here.
                                                                                     Type B Work Permit
In order to obtain a work visa, a foreign national should first receive a written    A type B work permit is for a foreign national who holds a position on the
declaration that the employer intends to employ him or her. Such a                   management board (board of directors) of legal persons registered with the
declaration should be prepared by the employer and sent to the foreign               register of entrepreneurs, or of a capital company in the process of formation
national abroad.                                                                     (in statu nascendi). A type B work permit applies to foreign nationals who will
                                                                                     be staying in Poland for a period exceeding six months within a consecutive
As regards foreign nationals from Russia, Belarus, Ukraine, Georgia and              12-month period.
Moldavia, before sending the declaration abroad, the employer must register
it with the relevant labour office. The original of the declaration, with the seal   Type C Work Permit
of the labour office, should then be sent to the foreign national abroad.            A type C work permit is for a foreign national who works for a foreign
                                                                                     employer, when he or she is seconded to Poland for a period exceeding 30
The declarations should contain information related, in particular, as to the        days in one calendar year. He or she will be seconded to the branch or plant
intention of the employer to employ the foreign national and to the period of        of the foreign entity, its subsidiary or to a third party bound by a long-term
time that he or she will work in Poland.                                             cooperation agreement with the foreign employer.
With only a valid work visa, a foreign national who does not need a work
permit may perform work without a residence permit.




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Type D Work Permit                                                                5.1.2 Documents
A type D work permit is for a foreign national who works for a foreign            In general, the following documents should be provided when applying for a
employer that does not have a branch, plant or other organised form of            work permit:
business activity in Poland. A type D work permit applies when the foreign
nationaI is seconded to Poland in order to perform a temporary and                •   the application form, completed in Polish
occasional service (e.g. an export service).                                      •   confirmation of payment of the special administration fee (up to
                                                                                      approximately EUR 50)
Type E Work Permit                                                                •   an excerpt from the commercial register of the Polish employer, if
A type E work permit is for a foreign national who works for a foreign                applicable
employer and is seconded to Poland, for a period exceeding three months           •   a copy of the foreign national’s passport (i.e. a copy of every page
within a six-month period, for purposes other than those connected with type          containing any data, annotations or visa stamps etc.).
B-D work permits.
                                                                                  Additional documents that might be required to be delivered together with the
Type A work permits are granted, in general, only if there is no unemployed       work permit application form, depend on the type of the work permit to be
Polish national or EU citizen who meets the required qualifications and who is    granted.
willing to occupy the position which the foreign national would fill. Namely,
such work permits may be granted, if the employer has no alternative but to       5.2 Special preference categories
employ a non-EU, non-EEA or non-Swiss national.                                   See section 4.1 above.

In general, a work permit is issued for a particular foreign national for a
definite period of time not exceeding three years (the foreign national can       6. LAWFUL     STAY FOR DEPENDANTS
apply for an extension).
                                                                                  6.1 General
A type B work permit may be granted for a period of up to five years, if the
legal entity registered with the register of entrepreneurs employs more than 25   Dependants of non-EU, non-EEA and non-Swiss foreign nationals
employees on the date of submitting the work permit application to the            Under Polish law, the following persons (who are not citizens of the EU, the
relevant office.                                                                  EEA or Switzerland) are considered to be a dependant of a non-EU, non-EEA
                                                                                  and non-Swiss foreign national:
Type D work permits are granted for the period of the secondment.
                                                                                  •   a person related to him or her by marriage, as recognised by Polish law
5.1.1 Procedures                                                                  •   his or her minor child (including an adopted child) with a person
The application for a work permit should be filed with the relevant regional          related to him or her by marriage, as recognised by Polish law
governor office by the employer who is willing to employ the foreign              •   his or her minor child, including an adopted child, who is dependent on
national. The work permit should be issued within one month (in especially            the foreign national and the foreign national has custody
complicated cases, within two months).                                            •   a minor child of a person related to him or her by marriage, including an
                                                                                      adopted child who is dependent on the person related to the foreign
Before applying for a type A work permit, the employer is obliged to obtain           national by marriage where this person has custody.
information issued by the local governor (‘starosta’) confirming that the
vacancy cannot be filled by someone from the local workforce.                     Dependants of EU, EEA and Swiss foreign nationals
                                                                                  The following persons (who are or are not citizens of the EU, the EEA or
                                                                                  Switzerland) are considered to be dependants of a foreign national from the
                                                                                  EU, the EEA and Switzerland:



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•   the spouse of the EU, EEA or Swiss foreign national                          valid travel documents and a proper visa that was issued for the purpose of
•   a child of the EU, EEA or Swiss foreign national or of his or her spouse,    joining and staying with the EU, EEA or Swiss foreign national in Poland. The
    who is up to 21 years of age or who is dependent on an EU, EEA or            grant of such a visa may be refused in certain circumstances, e.g. if the
    Swiss foreign national or on his or her spouse                               dependant’s stay in Poland could be considered to pose a threat to national
•   a parent of an EU, EEA or Swiss foreign national or of his or her spouse     defence, internal security, protection of safety or public order, and public
    who is dependent on the EU, EEA or Swiss foreign national or on his          health.
    or her spouse.
                                                                                 After a stay of three months, the dependant must apply for a residence card
6.2 Procedures                                                                   for a member of the family of an EU citizen. The application should be
                                                                                 submitted personally by the dependant (unless the application is made by a
Dependants of non-EU, non-EEA and non-Swiss foreign nationals                    minor) with the regional governor office that is responsible for the dependant’s
In general, dependants need valid travel documents and a proper visa to enter    place of residence in Poland. The card should be issued within six months.
Poland. The procedure for a dependant to obtain a visa does not differ from
standard procedure.                                                              6.3 Documents

Dependants may also apply for a residence permit, if the principal foreign       Visas
national being a member of his or her family, stays in Poland on the basis of,   Please see section 3.3. above, which applies also to a dependant.
inter alia:
                                                                                 Residence permits
•   a settlement permit                                                          In general, when applying for a residence permit the following documents are
•   a residence permit for a long-term EC resident                               needed:
•   refugee status
•   a residence permit for a specified period of time, issued for a period       •   four application forms for a residence permit for a specified period,
    exceeding one year, when he or she has stayed in Poland on the basis of          completed in accordance with the instructions
    residence permits for more than two years in total.                          •   four current passport sized photos
                                                                                 •   a valid travel document (three photocopies and the original available
In general, the application for granting a residence permit for a specified          for viewing)
period of time should be submitted to the regional governor office that is       •   the certificate of temporary registered residence
responsible for the place of the dependant’s intended residence. If a            •   legal title to the premises in which the foreign national will reside
dependant legally stays in Poland, a residence permit application should be      •   confirmation of a stable and regular source of income
submitted at least 45 days before the expiry date of the period of stay on the   •   confirmation of health insurance
basis of a current visa or a period covered by a previous residence permit (if   •   the consent of the dependant’s guardian (if the application is submitted on
applicable).                                                                         behalf of a minor).

The decision concerning the grant or refusal of a residence permit for a         Additional/other documents may be required to be delivered together with the
specified period of time should be issued within one month, and in               residence permit application form, but this will depend on the circumstances
particularly complicated cases, no later than two months from the date of        of the particular case.
initiating the application.
                                                                                 The application should be submitted by the foreign national, whose
Dependants of EU, EEA and Swiss foreign nationals                                dependant is to be granted the residence permit.
In general, dependants of EU, EEA and Swiss foreign nationals, who are not
citizens of the EU, the EEA or Switzerland, may enter Poland on the basis of



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Residence card for dependants of EU, EEA and Swiss foreign nationals
The residence card application form should be submitted together with
documents or written statements confirming the conditions and terms of stay
in Poland (e.g. stating that the dependant’s spouse works in Poland) and five
current passport sized photos. A valid travel document is required for viewing.




   382
1. INTRODUCTION                             387

2. SOURCES OF LAW                           387

3. VISITORS FOR BUSINESS PURPOSES           387

3.1 Visas                                   387
3.2 Permitted Activities                    388
3.3 Procedures                              388
3.4 Documents                               388

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   390

4.1 General                                 390
4.2 Procedures                              390
4.3 Documents

5. WORK PERMITS
                                            390

                                            390
                                                  Portugal
5.1 General                                 390
    5.1.1 Procedures                        391
    5.1.2 Documents                         391

5.2 Special Preference Categories           391
    5.2.1 Procedures                        391
    5.2.2 Documents                         391

6. LAWFUL STAY FOR DEPENDANTS               392

6.1 General                                 392
6.2 Procedures                              393
6.3 Documents                               393
                                      Immigration - An International Handbook - PORTUGAL




1. INTRODUCTION

Law no 223/2007 and Decree no 84/2007 provide the legal framework that is
applicable to the hiring of those foreign nationals not from EU or EEA Member
States.

The data provided by the Statistics Department of the Foreign Services
Department (‘SEF’ – Serviço de Estrangeiros e Fronteiras) suggests that there
has been a growth in the population of foreign nationals in Portugal. In fact,
records demonstrate that in the year 2000, the number of foreign nationals in
Portugal reached 20,587. In 2009 this figure doubled, reaching 454,191.

In addition, successive amendments to immigration legislation and procedures,
notably those concerning extraordinary legislative measures in relation to
illegal immigrants, have had an effect on the issue of new residence permits.
Hence, the number of resident foreign nationals has grown substantially,
compared with the late ’80s or ’90s.

Regarding the geographical distribution of foreign nationals, the data shows
that they are mainly concentrated on the west and south coast of Portugal, as
well as in Lisbon, Faro and Setúbal. Foreign nationals working or residing in
these areas comprise 70% of the overall number of foreign nationals living in
Portugal.

Foreign nationals from Brazil, Ukraine, Cape-Verde, Romania, Angola, Guinea-
Bissau and Moldavia represent almost 72% of the overall number of foreign
nationals regularly residing in Portugal.


2. SOURCES    OF LAW


The main sources of law are Law no 223/2007 and Decree no 84/2007.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
All foreign nationals (other than those from EU or EEA Member States) who
wish to work in Portugal need permission to enter.




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For work or business purposes, there are two types of visa:                            •   documentary proof of valid travel insurance
                                                                                       •   evidence of sufficient financial means
Temporary Stay Visa                                                                    •   a copy of a return travel ticket (except for residence visas that are issued
A temporary stay visa allows entry for a foreign national whose intention is to            for specific purposes, such as family reunification, university teaching or for
carry out a dependent or independent temporary professional activity for not               highly skilled employees)
more than six months. This type of visa is suitable for visitors for business
purposes (please see section 3 below for the sub-types of temporary stay               The specific documents required for the individual visa types referred to above,
visas).                                                                                are as follows:

Residence Visa                                                                         Short stay visa
A residence visa allows a foreign national to enter in order to obtain a
residence permit in conjunction with the performance of a professional activity.       •   Proof of the purpose and the terms and conditions of the stay.

3.2 Permitted Activities                                                               Temporary Stay Visa
Portuguese law does not distinguish the kind of activities that a business
visitor is entitled to perform. Therefore, a business visitor is entitled to perform   •   an employment agreement or offer of employment for a temporary
any activity in Portugal.                                                                  professional activity
                                                                                       •   if special qualifications are required, a statement issued by the
3.3 Procedures                                                                             competent authority declaring that the foreign national is qualified for
The foreign national should submit the relevant application to the Portuguese              the job for which he or she is applying a statement issued by the ‘IEFP’
Consulate in the foreign national’s country of residence. In certain exceptional           (Instituto do Emprego e de FormaçãoProfissional, the Employment and
cases, the application can be filed domestically at the SEF in Portugal, upon              Professional Vocational Training Institute) confirming that the
presentation of the required documents.                                                    employment agreement or offer of employment falls within the limited
                                                                                           number of positions or professions that are available to foreign
For a short stay visa, the application process should take eight days, once all            nationals (the national authorities determine the percentage of foreign
the documents have been presented at the Consulate. For a temporary stay                   nationals that can be hired nationwide).
visa, it should take 30 days, once all the documents have been presented. For
a residence visa, the process should take 60 days, once all documents have             Residence Visa (for the performance of employment)
been presented. However, in practice these applications may take longer.
                                                                                       •   an employment contract, promissory employment contract or offer
3.4 Documents                                                                              letter
Generally, the following documents are required when submitting an                     •   a statement issued by the IEFP providing evidence of the vacancy for the
application:                                                                               position to be filled and proving that no local or national employee who
                                                                                           should have priority, is available to fill the vacancy
•   the visa application forms                                                         •   proof that the foreign national is qualified for the position.
•   two recent passport-type photos
•   a passport or other valid travel document
•   a criminal background check certificate, issued by the competent
    authority in the foreign national’s country of origin (only for temporary or
    residence visas)
•   a request for a Portuguese criminal background check by the SEF (only for
    emporary stay or residence visas)



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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                          period of time. Although referred to as a ‘permanent residence permit’, the
                                                                                    validity of this permit does not extend beyond five years. Therefore, a
4.1 General                                                                         permanent residence permit must be renewed every five years.
This section is not applicable to Portugal, since, as a general rule, foreign
nationals must hold a valid visa to enter Portugal. The visa must be adequate       5.1.1 Procedures
for the purpose of their visit. The visa is granted on the terms of the             See section 3 above.
Portuguese Immigration Act, or by the competent authorities of the States that
are Parties to the Schengen Implementing Convention.                                5.1.2 Documents
                                                                                    See section 3 above.
Portuguese immigration law sets out special types of visa that may be issued,
depending on the purpose of the visit:                                              5.2 Special preference categories

•   temporary stay visa within the scope of an employee transfer                    5.2.1 Procedures
•   temporary stay visa for the purpose of providing dependent professional         The granting of temporary stay visas to citizens who are nationals of States
    services of a temporary nature                                                  which are party to the World Trade Organisation, and who are transferred
•   temporary stay visa for research or for a highly qualified foreign national     within the context of rendering services or undertaking vocational training in
    who is undertaking an assignment.                                               Portugal, is dependent upon the following conditions:

4.2 Procedures                                                                      •   The transfer must be between branches of the same company, or of the
See section 3 above.                                                                    same company group, and the branch located in Portuguese
                                                                                        territory must provide services that are equivalent to those provided by
4.3 Documents                                                                           the branch where the foreign employee comes from
See section 3 above.                                                                •   The transfer only covers partners or dependent workers that have been, for
                                                                                        a minimum period of one year, in a branch located in another State which
                                                                                        is a party to the WTO, and who are included in one of the following
5. WORK PERMITS                                                                         categories:
                                                                                        - those who retain decision-making powers, work as high level
5.1 General                                                                                  employees and act as managers of an establishment or department,
See section 3 above.                                                                         following general guidance from the administration board;
                                                                                        - those that hold specific technical knowledge of vital importance to
Foreign nationals (other than those from EU or EEA MemberStates) require a                   the activity, research equipment or techniques, or management of
temporary residence permit, if they wish to stay in Portugal for a maximum of                the same;
one year. This permit is renewable for consecutive periods of two years and             - those who must receive vocational training in an establishment
there is no limit to the number of times it can be renewed.                                  located within national territory.

EU and EEA nationals intending to stay in Portugal for more than 90 days must       5.2.2 Documents
obtain a residence certificate. To obtain such a certificate, a foreign national    See section 3 above. In addition, foreign nationals should provide
must present his or her identity card or a valid passport, as well as fill in the   evidence of compliance with the conditions set out in section 5.2.1.
proper form and state the reason for the application.

Foreign nationals, other than those from EU and EEA Member States, require
a permanent residence permit if they wish to stay in Portugal for an unlimited



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6. LAWFUL     STAY FOR DEPENDANTS                                                   6.2 Procedures
                                                                                    In order to benefit from the right to a family reunion, a foreign national must
6.1 General                                                                         have secured:
When a foreign national’s application for a family reunion with members of his
or her family (who live outside Portugal) is granted, a residency visa is           •   lodging for himself or herself
automatically issued in the name of the respective family member(s) in              •   sufficient means of subsistence.
accordance with the terms of immigration law. This allows the family
member(s) to enter into Portugal.                                                   An application for a family reunion with family members who live abroad
                                                                                    should be presented by the foreign national who is entitled to such a right.
A foreign national with a valid residence permit has the right to reunite with
his or her family when they live outside Portugal. This applies to family           6.3 Documents
members who lived with him or her in another country, or who are dependant          Any application for a family reunion must include the following documents:
on him or her, or who live in the same household. This is the case regardless
of the family ties that have been created before or after the resident foreign      •   documentary evidence that proves the existence of the relevant family ties
national entered into Portugal.                                                         or of the de facto union
                                                                                    •   documentary evidence that proves a foreign national’s compliance with all
The right to a family reunion is equally recognised for those relatives who have        the conditions needing to be met in order to secure the right to benefit
already legally entered into Portugal and who depend on or live in the same             from a family reunion
household as the holder of a valid residence permit.                                •   notarised copies of the relevant family members’ travel documents.

For the purposes of the preceding paragraphs, the following individuals are
considered as members of a foreign national’s family:

•   his or her spouse
•   any minorsor disabled children under the guardianship of a couple (i.e. the
    foreign national and his or her spouse) or of a foreign national or of his or
    her spouse
•   any minors who were adopted by an unmarried foreign national, a married
    foreign national, or the spouse of a foreign national, following a decision
    taken by the relevant authority in the foreign national’s country of origin.
    The legal framework in his or her country of origin must incorporate the
    same rights and duties of natural affiliationand the decision must be
    recognised by Portugal
•   any children who are over 18 and who are to studying in a Portuguese
    teaching institution. A couple (i.e. a foreign national or his or her spouse)
    must be the guardian of the children
•   the parents of a foreign national or of his or her spouse, provided that they
    depend on either of them
•   any minorbrother(s) or sister(s),provided that they are under the tutelage of
    a resident foreign national, in accordance with the decision made by the
    relevant authority in the brother or sister’s country of origin and provided
    that the decision is recognised by Portugal.



    392                                                                                                                                                              393
1. INTRODUCTION                             397

2. SOURCES OF LAW                           397

3. VISITORS FOR BUSINESS PURPOSES           398

3.1 Visas                                   398
3.2 Permitted Activities                    398
3.3 Procedures                              398
3.4 Documents                               399

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   399

4.1 General                                 399
4.2 Procedures                              400
4.3 Documents

5. WORK PERMITS
                                            400

                                            400
                                                  Russia
5.1 General                                 400
    5.1.1 Procedures                        401
    5.1.2 Documents                         402

5.2 Special Preference Categories           403
    5.2.1 Procedures                        403
    5.2.2 Documents                         404

6. LAWFUL STAY FOR DEPENDANTS               404

6.1 General                                 404
6.2 Procedures                              404
6.3 Documents                               404
                                          Immigration - An International Handbook - RUSSIA




1. INTRODUCTION

While establishing equal rights for Russian and foreign employees, Russian
legislation stipulates certain restrictions concerning the work of foreign
nationals in Russia. The immigration procedures in Russia are quite complex
and consist of various stages.

The general rule is that a foreign national must obtain a personal work permit
for conducting any work activity in Russia (with some exemptions for some cat-
egories of employees or nationals of countries having relevant international
agreements with Russia).

Additionally, employers are required to obtain permission to engage and use
foreign nationals (except for foreign nationals coming from visa exempt
countries).

Immigration procedures include not only obtaining the necessary documents
to permit a foreign national to enter and work in Russia, but also notifying the
Russian authorities when a foreign national is hired and notifying them of his
or her arrival or departure (the latter if the employer is acting as a host party).


2. SOURCES   OF LAW


The employment of foreign nationals is generally regulated by Russian labour
legislation, including:

•   the Labour Code of Russia
•   the Federal Law of the Russian Federation ‘On the legal status of foreign
    citizens in the Russian Federation’ of 25 July 2002
•   the Federal Law of the Russian Federation ‘On the migration record of
    foreign citizens and stateless persons in the Russian Federation’ of 18 July
    2006
•   the Federal Law ‘On the exit from and entry into the Russian Federation’
    of 15 August 1996
•   certain Presidential decrees
•   Government regulations on issues related to the employment of foreign
    nationals
•   Regulations of the Ministry of Labour, the Foreign Ministry, the Ministry of
    Internal Affairs and other authorities.




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3. VISITORS   FOR BUSINESS PURPOSES                                                concluded treaties with a number of countries under which business visas can
                                                                                   be issued for a period of up to five years.
3.1 Visas
Russian legislation provides that every foreign national must have a visa to       3.4 Documents
enter Russia, except for foreign nationals from certain countries (mostly CIS      Foreign nationals applying for any type of visa should provide:
countries that formerly belonged to the USSR), who can enter Russia without
a visa (in such cases, stay is permitted for 90 days, unless otherwise provided    •   a valid passport (the term of validity should be not less than six months
by federal legislation).                                                               from the date of visa expiry and one and a half years from the visa
                                                                                       commencement date - in the case of an application for a student or work
Under Russian legislation, the purpose of stay declared when applying for a            visa)
visa and the actual purpose of the stay should correspond.                         •   a completed visa questionnaire, along with a photo
                                                                                   •   a medical insurance certificate that is valid for Russia
3.2 Permitted Activities                                                           •   a certificate confirming that the foreign national does not have HIV (only
A business visa is issued to the following foreign nationals:                          in cases where the term of the visa is for more than three months). This
                                                                                       provision does not extend to staff of diplomatic representations and
•   those who come to Russia to visitcommercial organisationsand to                    consular offices of foreign governments or the staff of inter-governmental
    participate in significant negotiations (e.g. councils, consultations,             organisations and their families.
    conferences, symposiums and congresses) in relation to trade-economy           •   an invitation letter registered with the Russian authorities (required for
    issues. A business visa is also issued to foreign nationals who wish to            private visas, business visas and work visas).
    further their professional education in scientific organisations, Russian
    joint ventures and the representative offices of foreign commercial,
    financial, banking and other organisations accredited by the respective        4. WORKERS   WHO MAY NOT NEED WORK PERMIT
    ministries and departments of Russia
•   those who visit commercial organisations to resolve particular commercial      4.1 General
    issues (e.g. to handle commercial negotiations and execute or extend           A foreign national does not need a work permit if he or she:
    terms of agreements); participate in auctions, exhibitions and other
    commercial events; and perform other activities as defined by law.             •   permanently resides in Russia
                                                                                   •   is a participant in the State Programme for rendering assistance to the
If a foreign national stays in Russia under a business visa, but actually works        voluntary movement to Russia of ‘compatriots residing abroad’ and their
there, he or she will be in breach of the declared purpose of entry into Russia,       families
as this is not in compliance with the activity performed during the stay           •   is an employee of a diplomatic mission, Consulate or international
(residence) in Russia, and may be subject to administrative liability either in        organisation or a private domestic worker for those persons
respect of violation of admission regulations or the residence regime in Russia.   •   works for a foreign legal entity (producer or supplier), performing
                                                                                       installation, servicing and post-guarantee repairs of technical equipment
3.3 Procedures                                                                         supplied to Russia
A business visa is issued by the respective Russian Consulate outside Russia,      •   is a journalist accredited in Russia
based on invitations from Russian host(s).                                         •   is studying in Russia in an educational establishment for his or her
                                                                                       professional education and is carrying out work (rendering services) during
The validity period of a single or double entry business visa is three months.         his or her holidays
Multiple entry business visas can be for a term of up to 12 months.                •   is studying in Russia in an educational establishment for his or her
However, a foreign national is allowed to stay in Russia under a multiple entry        professional education and also works during spare time as an auxiliary
visa for no more than 90 days in any 180-day period. Once a business visa              educational worker in the educational establishment where he or she is
expires, a foreign national must leave Russia. However, note that Russia has           studying


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(• is invited to Russia as a lecturer to give lessons in an educational            (1) the foreign nationals came to Russia under a regime in which there was no
   establishment, with the exception of a foreign national arriving in Russia to       requirement to obtain a visa
   perform an educational activity in an establishment for professional            (2) the foreign nationals are highly qualified specialists (see below).
   religious education
• is an employee of an accredited representative office of a foreign legal         Unless otherwise stipulated by international treaties in which Russia
   entity registered in Russia, as long as this is within the number agreed by     participates, as of 1 January 2013, foreign nationals who came to Russia under
   the authorised authority at the time of accreditation.                          regime which did not require them to obtain visas, will be subject to being
                                                                                   photographed and to obligatory state fingerprint registration in the manner
For circumstances other than those mentioned above, the Russian                    established by the authorised migration authority.
Government adopts an annual employment quota limiting the number of for-
eign nationals who can come to Russia to work.                                     5.1.1 Procedures
                                                                                   In order to obtain a work permit, the following steps should be completed by
4.2 Procedures                                                                     an organisation that intends to employ a foreign national:
No specific procedures are set, but a foreign national permanently residing in
Russia must obtain the applicable permit (see section 5 below).                    (a) Quota reservation
                                                                                   Organisations wishing to use the services of foreign nationals in Russia must
4.3 Documents                                                                      reserve a quota in the year preceding their prospective employment (before 1
No specific documents are required.                                                May of the preceding year). A quota reservation requires the organisation to
                                                                                   fill in a special form indicating how many foreign nationals it may employ in
                                                                                   the next year, their professions, job titles, countries of origin and certain other
5. WORK PERMITS                                                                    information.

5.1 General                                                                        Some jobs are given a quota exemption. In principle, each year the Ministry of
A work permit is issued for the term of 1) temporary residence, and 2) the         Health and Social Development announces a list of professions, specialties and
employment contract or civil law contract (but for not more than one year,         positions of foreign nationals, i.e qualified specialists employed in certain
except for highly qualified specialists, for which see below).                     professions or specialties to which no quota applies. The list varies from year
                                                                                   to year and in some years it might not be enacted at all.
The period that a foreign national may work in Russia is limited by the
duration of his or her work permit. If a foreign national continues working        (b) Decision from the State Employment Centre
after the work permit has expired, both the organisation he or she works for       The organisation must obtain a decision from the State Employment Centre
and the foreign national himself will be subject to administrative fines (which    confirming the reasonableness of engaging a foreign national.
are quite considerable for the organisation).
                                                                                   (c) Obtaining permission
A work permit is issued for the performance of work in only one region. If a       The organisation must obtain permission to engage a foreign national, as
foreign national intends to work in various regions of Russia, he or she must      issued by the Federal Migration Service.
obtain a work permit in each region. The organisation must also obtain
permission to engage a foreign workforce in each such region.                      (d) Work Permit
                                                                                   The organisation must obtain a work permit for a foreign national (filed with
Employers can employ foreign nationals without permission to engage and use        the Federal Migration Service).
a foreign workforce if:
                                                                                   If a foreign national comes from a visa-exempt country, then stages b) and c)
                                                                                   above will not be applicable.



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As regards the timeframes, completion of stages b) to d) above takes not less      5.2 Special preference categories
than three months as of the date of submission of the documents to the             According to recent changes in the law, as of 1 July 2010, it is possible to
respective Russian state authorities.                                              engage and use the services of highly qualified specialists and obtain work
                                                                                   permits for them in accordance with a simplified procedure. For these purposes,
Foreign nationals intending to stay in Russia for up to three years may (but are   highly qualified specialists are, pursuant to the amendments to the Federal
not obliged to) apply for a permit for temporary residence. Temporary              Law “On legal status of foreign citizens in the Russian Federation”, those
residence permits are issued subject to an annual quota established by the         foreign nationals who have experience and skills in a certain field, provided
Russian Government. Some categories of foreign nationals, most notably             that the annual salary paid to them by the Russian employer will be not less
those married to Russian nationals, are exempt from this quota.                    than two million rubles (approximately EUR 47,000).

Temporary residents cannot change the place of their residence and work            A work permit for highly qualified specialists can be issued for the term of their
outside of the region of Russia for which the temporary residence permit is        employment contracts, but for not more than three years. The term of the
granted. Temporary residence permits are valid for up to three years. The same     work permit can be extended an unlimited number of times (each time for a
procedures for work permit applications applies to temporary residence permit      period of not more than three years).
applications.
                                                                                   5.2.1 Procedures
A temporary resident can apply for a permanent residence permit, provided he       As of 1 July 2010, those organisations who would like to hire highly qualified
or she has resided in Russia for at least one year, on the basis of a temporary    specialists have been able to do so without reserving a quota in the year
residence permit. Permanent residents are allowed to travel in and out of          preceding the prospective employment and without the need to obtain a
Russia without any restrictions, as no visa is required for them. No work          decision of the State Employment Centre giving permission to engage and use
permits are needed for permanent residents, and they may therefore be              a foreign workforce.
employed by any employer within the relevant region without any restriction.
Permanent residence permits are issued for five years and may be re-issued for     Pursuant to changes in the law, since 1 July 2010, the Russian state
a similar period an unlimited number of times.                                     authorities consider applications to engage highly qualified specialists within
                                                                                   14 business days of submission.
5.1.2 Documents
An application for a work permit requires submission of the following              Highly qualified specialists are able to obtain one work permit that is valid in
documents:                                                                         several regions of Russia, if the employment agreement stipulates work in
                                                                                   those regions.
•   a set of documents relating to the organisation concerned:
    - its Articles of association                                                  As of 1 July 2010, highly qualified specialists have been able to obtain a work
    - its certificate(s) of registration                                           visa for the term of their employment contracts, but for not more than three
    - its licence (if any)                                                         years, with the possibility of extending it (each time for a period of not more
    - a document certifying the authority of the CEO                               than three years).
    - certain additional documents.
•   a draft employment agreement with the prospective foreign national             The new procedure for engaging highly qualified specialists applies to foreign
•   a medical certificate for the foreign national, confirming the absence of      nationals entering Russia for the purpose of working in Russian commercial
    such diseases as HIV, syphilis, leprosy, tuberculosis, chlamydial              organisations, accredited branches of foreign organisations, Russian scientific
    lymphogranuloma, chancroid and drug addiction                                  organisations, educational institutions, health care facilities, and in other
•   a certificate of higher education, apostilled in the home country and          organisations that perform scientific, technological and innovative activities
    submitted with a notarised Russian translation.                                and experimental developments.




    402                                                                                                                                                             403
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Note that the representative offices of foreign legal entities are not able to hire
foreign nationals as highly qualified specialists, as they are not included in the
list of organisations which may hire highly qualified specialists.

5.2.2 Documents
Fewer documents are required for highly qualified specialists than for those
applying for a work permit under the standard procedure for hiring foreign
nationals. In general, the procedure is simpler for highly qualified specialists
under Russian law.

However, additional obligations are imposed on employers. For example,
organisations are obliged to inform the respective Russian state authorities
quarterly on the fulfilment of their obligations in respect of the payment of
salary to the highly qualified specialist in the required amount. The organisation
must also inform the state authorities if it terminates an employment
agreement with a highly qualified specialist or provides him or her with
holiday without paying the salary for a period of more than one calendar
month in a year. In addition, a highly qualified specialist and his or her family
must be insured under a voluntary health insurance agreement from the day
they enter Russia.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
Foreign nationals accompanying a foreign national (who has a single or
multiple entry visa) as his or her family members can enter Russia under the
same type of visa. The visa for accompanying family members is issued for the
same term as the principal visa holder.

6.2 Procedures
The procedures for obtaining a visa and a temporary or permanent residence
permit for an accompanying foreign national are the same as for the principal
foreign national.

6.3 Documents
An accompanying foreign national must present the same set of documents as
the principal foreign national.




   404
1. INTRODUCTION                             409

2. SOURCES OF LAW                           409

3. VISITORS FOR BUSINESS PURPOSES           410

3.1 Visas                                   410
3.2 Permitted Activities                    410
3.3 Procedures                              411
3.4 Documents                               411

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   412

4.1 General                                 412
4.2 Procedures                              414
4.3 Documents

5. WORK PERMITS
                                            415

                                            419
                                                  Spain
5.1 General                                 419
    5.1.1 Procedures                        421
    5.1.2 Documents                         424

5.2 Special Preference Categories           427
    5.2.1 Procedures                        428
    5.2.2 Documents                         428

6. LAWFUL STAY FOR DEPENDANTS               428

6.1 General                                 428
6.2 Procedures                              429
6.3 Documents                               430
                                        Immigration - An International Handbook - SPAIN




1. INTRODUCTION

The Spanish immigration rules make reference to two major groups of foreign
nationals:

EU citizens and their dependants, whose status is regulated by Royal
Decree 240/2007
Of these, there are two groups:

•   EU nationals
•   the dependants of EU nationals, that is:
    - a spouse, or partner in some specific cases
    - children, including those of a spouse or partner, provided they are
        minors of 21 years of age or older and they depend financially on the
        principal EU national
    - the parents of the principal EU national and the parents of his or her
        dependant(s), provided they depend financially on him or her.

Swiss nationals and their family dependants have the same rights as EU and
EEA nationals.

The foreign nationals mentioned above, except for the parentsof EU citizens,
do not need a work permit to work in Spain.

Non-EU nationals, whose status is regulated by the Organic Law
2/2009 and Royal Decree 2393/2004 of 30 December 2004
Prior to commencing work in Spain, these non-EU nationals need to obtain a
work authorisation, a work permit exemption, a ‘Van Der Elst’ notification and
a corresponding visa, as appropriate, however long or short the expected
duration of the work.


2. SOURCES   OF LAW


The main sources of law are:

•   Organic Law 2/2009 modifying Organic Law 04/2000. The Royal Decree
    developing this Law is expected to come into effect by the end of 2010
•   Royal Decree 2393/2004, developing Organic Law4/2000
•   Resolution of February 2007, according to which the Cabinet agreed on
    the establishment of instructions governing the process of authorising the
    entry, residence and work in Spain of certain foreign nationals; in



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    particular, those whose professional activities imply social, employment           3.3 Procedures
    and economic interests or whose activities relate to the realisation of            The foreign nationals listed above, who are exempted from the need to obtain
    research and development work, teaching that requires highly qualified             a visa, can enter Spain with a passport and documentation proving the
    personnel, or artistic activities of special cultural interest                     purpose of their trip.
•   Royal Decree 240/2007 of 16 February 2007, relating to the entry, free
    circulation and residence in Spain of EU nationals coming from EU Member           If a foreign national is not exempted from the need to obtain a visa, he or she
    States and the EEA.                                                                must apply for a business visa at the Spanish Consulate with jurisdiction over
                                                                                       his or her place of residence.

3. VISITORS   FOR BUSINESS PURPOSES                                                    3.4 Documents
                                                                                       A foreign national needs to apply for a business visa at the Consulate and
3.1 Visas                                                                              provide the following documentation:
Foreign nationals who intend to enter Spain must have a relevant transit or
visitor’s visa, if the nature of their nationality means they are required to do so.   •   the visa application form
The visa is valid for a maximum duration of 90 days within a given 180-day             •   his or her passport or official travel document, valid for a minimum of three
period.                                                                                    months, counting from the expected date of return to the country of
                                                                                           origin
Foreign nationals who are in possession of a travel document issued by one of          •   a round trip airline ticket
the following countries can travel to Spain under visitor, business or tourist         •   proof of travel, accident and health insurance, including a letter from the
status without applying for such a visa:                                                   insurance company stating that they will cover 100% (no deductibles) of
                                                                                           medical expenses, plus emergency and repatriation services and a
Andorra, Argentina, Australia, the Bahamas, Antigua & Barbuda, Barbados,                   minimum coverage of EUR 30,000
Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, El Salvador, Guatemala,            •   a letter from his or her employer indicating the type of job he or she is
Honduras, Hong-Kong (only passports issued by the Hong Kong Special                        being offered, the duration of the employment and the annual salary. The
Administrative Region), Israel, Japan, Macao (only passports issued by the                 letter should also indicate the purpose of the trip and who will cover the
Macao Special Administrative Region), Macedonia, Malaysia, Mexico, Monaco,                 expenses
Montenegro, New Zealand, Nicaragua, Panama, Paraguay, Romania, Saint                   •   his or her latest three bank statements
Kitts and Nevis, San Marino, Singapore, Serbia, the Seychelles, South Korea,           •   a letter of invitation from an organisation or authority in Spain, inviting him
Uruguay, the USA, the Vatican, Venezuela, and British (overseas) nationals who             or her to participate in commercial or industrial meetings and conventions
do not have the status of UK and Northern Ireland nationals in relation to                 etc. This should include: identification cards for fairs, congresses,
Spanish immigration.                                                                       conferences and conventions, invitations, tickets, reservations, or
                                                                                           programmes with the name of the host organisation, together with dates
The foreign nationals mentioned above are exempted from the need to obtain                 and a complete address
a visa, if they are travelling to Spain for tourism or business.                       •   foreign nationals who are under 18 years of age must submit a notarised
                                                                                           authorisation letter from their parents or legal guardians.
3.2 Permitted Activities
A foreign national can engage in business activities, provided he or she               The consular administration has full authority to evaluate the documentation
participates only in meetings, conferences or other similar activities.                submitted and request further documents where necessary.

Any activity that implies the participation of a foreign national in the daily work    A foreign national for whom a visitor visa is not required, needs to prove at the
activity of an organisation, requires him or her to obtain a corresponding work        Spanish border control the purpose of his or her trip. He or she can prove this
permit and visa is permitted.                                                          with the same type of documentation as requested by the Consulate in order
                                                                                       to apply for a visitor visa.


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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                           an EEA country and who are temporarily sent to Spain in order to render
                                                                                     trans-national services, provided they hold a valid work and residence permit
4.1 General                                                                          in the EU Member State or the EEA country.
There is a distinction between the following groups of foreign nationals, who
do not need a work permit to work in Spain:                                          Such a foreign national needs to be transferred temporarily to a Spanish
                                                                                     organisation belonging to the same group, or to an organisation having a
EU, EEA and Swissnationals                                                           signed services agreement with the sending organisation. The foreign national
EU, EEA and Swiss nationals are free to reside and work in Spain under the           must maintain his or her employment contract, social security system and pay
same conditions as any Spanish citizen.                                              slips in the sending country. The transfer needs to comply with the conditions
                                                                                     established in Law 45/99. Such foreign nationals do not need a work permit in
Foreign national family members of EU, EEA and Swiss nationals (including            order to work in Spain, but they do need to fulfil the residence and visa
only a spouse or partner and children under 21 years of age) have the right to       requirements.
work under the same conditions as any Spanish citizen prior to applying for a
corresponding permit as family dependants.                                           Work permit exemptions
                                                                                     It is possible for the foreign nationals listed below to apply for a work permit
Long duration residence permit holders                                               exemption, if the conditions relating to their job activities are met:
Under the new Organic Law 2/2009, Spain has introduced a new ‘long
duration residence permit’ to replace the country’s permanent residence              •   foreign technicians and scientists, whose objective is to promote and
permit. Participants in the long duration residence programme are authorised             develop research. They need to be invited or hired by Spain, or one of the
to remain in Spain indefinitely and work under the same conditions as Spanish            autonomous regions, local entities or organisations
citizens.                                                                            •   foreign teachers invited or hired by a Spanish university
                                                                                     •   foreign executive personnel, teachers of cultural institutions and teachers
To qualify, a foreign national must have maintained continuous legal residence           of other Member States, provided they limit their activity to the
in Spain for five years. A foreign national will lose his or her eligibility under       performance of the particular programmes. The institutions can be either
the new programme, if he or she remains outside of Spain for more than six               private or public, and must be of a recognised prestige, and officially
continuous months or for a cumulative period of one year within a five-year              recognised by Spain. They need to be promoting cultural programmes in
period.                                                                                  Spain
                                                                                     •   civil or military clerks of foreign public administrations who come to Spain
Foreign nationals who hold long-term status in another EU Member State will              to carry out their activities within a programme of cooperation with the
have to renounce that status from the other EU member State before they can              Spanish public administration
obtain the Spanish long duration residence status.                                   •   media correspondents
                                                                                     •   members of international scientific missions who need to carry out work
An EU Blue Card holder can also qualify for the long duration residence                  and research in Spain, duly authorised by Spain
programme in Spain, if he or she resides within the EU for five years and            •   artists who come to Spain to undertake specific tasks, which do not form
remains in Spain for two years prior to applying for it. A foreign national will         one continuous activity
lose his or her eligibility under the new programme, if he or she remains out-       •   churchmen, churchwomen or representatives of the different churches and
side of Spain for more than 12 continuous months or for a cumulative period              religions, duly inscribed in the register of religious entities, provided they
of 18 months within a five-year period.                                                  limit their activities strictly to religious functions
                                                                                     •   foreign nationals who are part of organisations of representation,
Van der Elst Visas                                                                       government and administration of the internationally recognised unions,
This visa relates to foreign nationals who are employed on a regular and                 provided they limit their activities to trade union functions
habitual basis by an organisation that is established in an EU Member State or



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•   minor foreign nationals of employment age who are under the guardianship       ‘Van der Elst’ Visa
    of a corresponding public bodyfor the protection of minors, who are            The process of applying for a ‘Van der Elst’ visa consists of four steps:
    designated to perform activities that the entity
                                                                                   •   firstly, the transfer of the foreign national must be communicated to the
4.2 Procedures                                                                         Spanish employment authorities of the city where he or she will be
                                                                                       transferred, through an application form stamped and signed by the
EU and EEA citizens                                                                    transferring organisation
                                                                                   •   the application for the visa should be submitted at the Spanish Consulate
EU citizens:                                                                           with jurisdiction over the foreign national’s place of residence
Aside from foreign nationals whose jobs do not require a permit, any EU            •   the application for the residence card should be submitted, if the transfer
nationals who wish to stay in Spain for more than 90 days must apply in                period is for more than six months
person for their registration as EU citizens at the relevant police station.       •   the residence card must be collected.

At the time of applying for their registration, the authorities will process a     This process takes a minimum of three months after the visa application has
certificate that includes the identification number of the foreign national (the   been filed.
‘NIE’). This certificate has been established to replace the former residence
card. However, the certificate is not a valid means of identification for an EU    Work permit exemption
national, unless he or she can provide his or her passport or identification       If a foreign national is not residing in Spain, he or she must apply for the
along with it.                                                                     relevant visa exemption at the Spanish Consulate with jurisdiction over his or
                                                                                   her place of residence. He or she must submit the documentation that gives
EU dependants:                                                                     him or her the right to apply for the exemption.
It is mandatory for dependants of EU nationals to apply in person for a
residence card at the relevant police station. They should do so after obtaining   If a foreign national is residing legally in Spain, he or she must apply for a work
a corresponding visa at the Spanish Consulate with jurisdiction over their place   exemption at the local immigration office with jurisdiction over his or her place
of residence, if a visa is required due to the citizenship of origin.              of work. The foreign national must justify how he or she fulfils the requirements
                                                                                   for the work permit exemption.This process takes about three months.
The dependants included in the current Royal Decree, with the exception of
parentsand descendants who are older than 21 years of age, must obtain a           4.3 Documents
residence permit that allows them to work. Please note that the visa application
and collection, as well as the residence card application and collection, need     EU and EEA citizens
to be done in person by the applicant. A residence authorisation application       To apply for a certificate of registration as an EU resident in Spain, a foreign
must be processed within three months.                                             national should provide the following items, once he or she arrives there:

Long duration                                                                      •   his or her original passport, along with a copy of the relevant page
A foreign national needs to apply in person for a long duration residence          •   his or her application form
permit at the relevant police station. According to legislation, a long duration   •   the fees due to be paid to the authorities.
residence application should be processed within three months of being filed
with the competent body. Otherwise, after three months the application will        Depending on the specific city in which the foreign national submits the
automatically be deemed approved.                                                  application, an appointment may be required and the authorities may request
                                                                                   additional documentation.




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In relation to EU dependants, they must apply for a residence card by                   •   data of the assigned foreign national:
providing the following documentation:                                                      - a copy of all the pages of his or her passport
                                                                                        •   data of the place of work:
•   their original passport with a corresponding visa, if a visa is required                - the name of the organisation
•   the original certificate of the principal EU national, or ID, if the principal EU       - the fiscal identification number
    national is Spanish                                                                     - the address of the place of work
•   their original birth certificate in the case of children, duly apostilled or            - the location (e.g. the name of part of a city)
    legalised                                                                           •   data of the period of transfer:
•   their original marriage certificate or certificate of partnership, duly                 - the start and end date should be specified.
    recognised in the case of a spouse or partner, and issued by the authorities
    of the EU spouse’s country of citizenship.                                          The following documents should be submitted when applying for a visa at the
                                                                                        Spanish Consulate with jurisdiction over a foreign national’s place of residence
The process of getting a residence card for dependants takes about three                in the EU:
months.
                                                                                        •   the original passport with a minimum validity of four months, with a copy
Long duration                                                                               of the data page
A foreign national must submit the following documents when making an                   •   the original employment contract, and one copy
application:                                                                            •   the original of the most recent pay slip, and one copy
                                                                                        •   the original of the EU State’s work and residence permit, and one copy
•   his or her passport                                                                 •   any non-criminal record certificates issued by the country of origin and any
•   the ‘Census’ certificate (i.e. registriation at the town hall of the foreign            countries where the foreign national has lived for a minimum period of six
    national’s home address)                                                                months during the last five years. The certificates should be duly legalised
•   documentation proving his or her long duration status in another EU State               or apostilled and translated into Spanish
    and the renunciation of it, or documentation proving his or her previous            •   an original medical certificate, typed on doctor’s stationary
    five years of required legal residence (in Spain or in Spain and abroad, in         •   one passport photo
    accordance with the conditions already mentioned)                                   •   the visa application form
•   2-3 passport photgraphs, size 32mm by 26mm                                          •   the communication of transfer to the Spanish employment authorities.
•   proof of sufficient financial resources, private medical insurance and a
    criminal record check may be required.                                              The visa application process will take about three months to be approved. The
                                                                                        length of time will depend on how soon certain reports are received from the
‘Van der Elst’ Visa                                                                     Spanish authorities. The Ministry for Foreign Affairs needs to receive these
In order to submit the communication regarding the transfer to the                      before it can process a visa application.
employment authorities, the EU sending organisation should file a note
containing the following data:                                                          In terms of an application for a residence card, if the transfer period is for more
                                                                                        than six months, once a foreign national gets a visa, he or she can enter Spain,
•   data of the sending organisation:                                                   start working, and at the same time apply for a residence card, if applicable.
    - the name of the organisation’s representative
    - the ID number of the representative                                               Work permit exemption
    - the job position of the representative                                            A foreign national must submit the following documentation for a work
    - the complete denomination of the organisation                                     permit exemption:
    - the identifying fiscal number of the organisation
    - the organisation’s fiscal address



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•   his or her passport, which must be valid for more than one year                •   artists who come to Spain to carry out specific performances, which do not
•   2-3 passport photographs                                                           constitute a continuous activity: documentation to prove their identity and
•   an original certificate of good conduct                                            the employment contract indicating the development of the artistic
•   the visa application forms, typewritten and signed by him or her                   activities, the duration of which cannot exceed five continuous days or 20
•   a driving licence or State ID, showing his or her permanent legal residence        days in a period of less than six months
•   a health certificate                                                           •   churchmen or representatives of the different churches and religions, duly
•   an original official invitation or documents describing the activities to be       inscribed in the register of religious entities provided they limit their
    performed, stating also that the organisation will assume financial                activities strictly to religious functions: documentation to prove their status
    responsibility for him or her.                                                     and the activities in which they will take part
                                                                                   •   foreign nationals who are part of organisations of representation, or the
Specific documentation is required for the following groups of foreign                 government and administration of internationally recognised unions
nationals:                                                                             provided they limit their activities to trade union functions: documentation
                                                                                       to prove their status
•   foreign technicians and scientists: e.g. a letter of invitation or an          •   minor foreign nationals of employment age who are under the
    employment contract, signed by the representative of the corresponding             guardianship of the corresponding public body for the protection of minors
    organization                                                                       and who are designated to activities that the body considers adequate to
•   foreign teachers invited or hired by a Spanish university: an invitation           protect their social integration: documentation proving their status.
    letter or employment contract, signed by a representative of the Spanish
    university                                                                         This comprises:
•   foreign executive personnel, teachers of cultural institutions and teachers        - proof of receiving a grant, if applicable
    of other Member States, provided they limit their activity to the                  - proof of income and means of support for living expenses in Spain
    performance of the particular programmes. The institutions can be either           - the original application for exemption from permission to work
    privateor public, of a recognised prestige, and be officially recognised by        - proof of health insurance in Spain
    Spain. They need to be promoting cultural programmes in Spain:                     - proof of accommodation in Spain
    documentation justifying the validity of their academic credentials, the           - the visa fee.
    employment contract relating to the management activities they are to
    handle,and in the case of a private organisation, documentation proving        The documentation indicated should be apostilled and it may be required to
    its recognition in Spain                                                       be translated into Spanish. Special conditions may apply in certain
•   civil or military clerks of foreign public bodies who come to Spain within     circumstances.
    the auspices of a programme of cooperation with public Spanish
    administration: a certificate expedited by the Foreign State Administration,   Once a foreign national arrives in Spain, he or she must apply for a residence
    justifying the activities that they will take part in                          card, if applicable.
•   correspondents of mass media, duly recognised to practice their activities:
    in the case of correspondents, they will need to apply for accreditation, to
    be issued by the General Directionof International Information of the          5. WORK PERMITS
    Ministry for the Presidency. It can be applied for at the Consulate. In the
    case of collaborators, they will need to apply for a freelance visa            5.1 General
•   members of international scientific missions who undertake work and            In Spain, foreign nationals most commonly apply for one of the following two
    research in Spain, duly authorised by the State: an authorisation of the       permits:
    Ministry for Education and Sciences or the Ministry for Industry, Tourism
    and Trade, to take part in an international scientific mission                 Intra-organisation work permit
                                                                                   This authorisation might be requested for foreign nationals with a length of



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service of a minimum of one year in the same type of job and with a length of      •   holders of a previous work permit who intend to renew it
service of a minimum of nine months within the sending organisation, in any        •   employees needed for the assembly of a renewed installation or
country outside of the European Union.                                                 production equipment
                                                                                   •   those who were under refugee status in the year immediately after the
The sending and the Spanish organisations should belong to the same group              application of the Geneva Convention of 1951 ended, relating to refugee
or there should be an on loan agreement signed between both organisations.             status on the grounds included in Article I.C.5
                                                                                   •   those who have been recognised as stateless persons and also those
According to immigration legislation, the authorisation should be granted for          who have lost their stateless status, for one year after losing it
a maximum of one year and be renewable for one further year, but in practice       •   those who are responsible for Spanish parents or descendants
it could be extended each year for the whole period agreed between Spain           •   those born and living in Spain
and the sending country if there is a social security convention between the       •   Children and grandchildren of a Spanish citizen by birth
two countries. If there is such a convention, the permit will enable the foreign   •   minor foreign nationals of employment age who are holders of a
national to be maintained by the social security system and payroll in the             residence permit and who are under the guardianship of a public body
country of the sending organisation.                                               •   those who hold a residence permit due to special circumstances and
                                                                                       those who have been involved in gender violence or human trafficking
If there is no agreement between the sending country and Spain, the                •   those who had a work authorisation for two years for temporary
intra-organisation work permit will be awarded for one year and can only be            activities, and who have returned to their countries
renewed for one further year. Moreover, during the transfer, even if the           •   those who have renounced their residence and work authorisation within
foreign national is maintained within the sending country’s social security            the voluntary return programme.
system, the sending organisation should designate a representative in Spain to
pay the social security charges.                                                   In addition:

Local work permit                                                                  •   those who hold a position of trust, and company executives highly
This authorisation is granted for one year and can be renewed as often as              qualified professionals - technicians and scientists hired by public entities,
necessary. There does not need to be any previous link between the foreign             universities or centres of research, and development, and innovation
national and the organisation. To be awarded this type of authorisation, it is         departments of organisations
necessary to justify (with some exceptions) that there are no job applicants in    •   employees who form part of the staff of an organisation or a group of
Spain who are qualified to occupy the position being offered to the foreign            organisations in another country, who will work for the same organisation
national.                                                                              in Spain
                                                                                   •   artists with recognised prestige.
The job market test is not applicable to foreign nationals from Peru and Chile,
and according to Article 40 of the Organic Law 2/2009, nor is it applicable to     This permit obliges a Spanish organisation to register a foreign national in the
the cases set out below:                                                           Spanish social security system.

Where the job contract offered is related to the following foreign nationals:      5.1.1 Procedures

•   regrouped family dependants of employment age; the spouse or child(ren)        Intra-organisation work permit
    of a legal resident in Spain holding a renewed authorisation; the child(ren)   Described below is the process for obtaining a residence and intra-organisation
    of a foreign national who have acquired Spanish citizenship; and foreign       work permit:
    nationals of EU Member States and the European Economic Area,
    provided they have been legally living in Spain for a minimum of one year
    and the children are not subject to the communitarian regime



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•   The application for should be submitted to the relevant body, with the         Organisations where an application can be filed
    required documentation duly completed by the legal representative of           In relation to the two types of work permit set out above, and depending on
    the sending organisation. Although in practice applications are usually        the characteristics of the Spanish sponsoring organisation, an application can
    filed in Spain, they could also be filed with the relevant Spanish Consulate   be filed with one of the following three organisations:
    abroad.
•   once a work and residence permit is awarded, a work permit approval            •   General Direction of Immigration - if the Spanish organisation or the
    letter should be sent to the foreign national who must then apply for              group to which the organisation belongs has more than 500 employees
    a corresponding visa at the Spanish Consulate with jurisdiction over his           and more than one work centre in Spain. No appointment is needed to file
    or her place of residence in his or her country of origin or legal                 the application
    residence. A visa application should be filed in person by a foreign           •   Unit of Large Corporations (‘UGE’) - a foreign national should be
    national within one month of the Spanish organisation receiving the                highly qualified and have at least one year’s experience in the job being
    resolution.                                                                        offered.
•   once a visa is awarded, a foreign national must pick it up in person
    within one month of being notified of the approval by the Consulate.               A foreign national does not require an appointment to file an application.
•   foreign national can then enter Spain within the validity period of the            To be able to file by this fast track method, the Spanish sponsoring
    visa and start working. He or she must apply for a residence card at the           organisation must fulfil one of the following requirements:
    relevant police station within one month of entering Spain.                        - the Spanish sponsoring organisation or the fiscal group to which it
•   a foreign national can collect his or her residence card 30 to 40 days                 belongs should have more than 1,000 employees enrolled in the
    after applying for it. He or she must collect it in person.                            Spanish security system
                                                                                       - it should have internal (national) investment of more than EUR 200
Local work permit                                                                          million.
Below is the process for obtaining a residence and local work permit:                  - it should have external (foreign) investment of more than EUR 20
                                                                                           million. The Spanish organisation can request the certificate indicating
•   The application for a local work permit should be submitted to the                     the amount of the foreign investment to be issued by the General
    relevant body, with the required documentation duly completed by the                   Direction of Investment
    legal representative of the Spanish organisation.                                  - it should obtain a certificate proving that it has an R&D Unit and that
•   Once a residence and local work permit is awarded, a work permit                       there is an R&D project in which the foreign national is going to
    approval letter should be sent to the foreign national who must then                   participate as a highly qualified technician.
    apply for a corresponding visa at the Spanish Consulate with jurisdiction
    over his or her place of residence in his or her country of origin or legal    •   Local Immigration Office
    residence. A visa application should be filed in person by foreign national        If a Spanish sponsoring organisation does not fulfil the conditions
    within one month of the Spanish organisation receiving the resolution.             described above, an application should be filed through the local
•   Once a visa is awarded, a foreign national must pick it up in person               immigration office in the city where it has the work centre in which the
    within one month of being notified by the Consulate.                               foreign national will work.
•   A foreign national can enter Spain within the validity period of the visa
    and start working. He or she must apply for a residence card at the                The processing time once the application has been filed differs depending
    relevant police station. The Spanish sponsoring organisation should                on the organisation where the application is filed:
    register him or her as an employee in the social security system at the            - General Direction of Immigration - 30 to 45 days
    relevant police station,within one month of his or her entry and prior to          - Unit of Large Corporations (‘UGE’) - 30 days
    starting work and applying for a residence card.                                   - Local Immigration Office - around three months.

A foreign national can collect his or her residence card 30 to 40 days after
applying for it. He or she must collect it in person.


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5.1.2 Documents                                                                     •   an employment certificate indicating the job conditions of the foreign
The following is the standard documentation that a foreign national needs to            national, including the salary, the duration of the transfer and a guarantee
submit in order to apply for a work visa:                                               to respect the employment conditions established in the Law 45/1999
                                                                                    •   a social security coverage certificate, indicating the data of the sending and
•   a visa application form filled in and signed                                        host organisations and a validity to cover the transfer period. If no
•   2-3 passport photographs                                                            agreement exists between the sending country and Spain, the representative
•   a passport that is valid for a minimum of four months after the intended            of the sending organisation should designate a representative in Spain to
    date of departure from Spain, with at least one blank page to affix the visa        fulfil the social security charges during the transfer.
•   proof of residence or evidence of immigration status
•   notification of the work and residence permit approval (‘comunicación de        From the assignee:
    autorización de trabajo y residencia’)issuedbythe ‘Oficina de Extranjeros o
    Dirección General de Inmigración’ of theMinistry of Employment                  •   a copy of all the pages of his or her passport and ID
    (‘Ministerio de Trabajo e Inmigración’) in Spain. This document cannot be       •   a copy of his or her academic credentials
    older than 30 days                                                              •   his or her CV
•   a medical certificate                                                           •   three payslips: one from one year ago, one from nine months ago and the
•   for foreign nationals who are 18 years old or older - a certificate, and one        most recent one
    copy, proving the absence of police records. The original should be trans       •   his or her employment contract with the sending organisation
    lated into Spanish. The certificate should be certified by police in relation   •   his or her parents’ names.
    to all the places where the foreign national has resided during the past five
    years                                                                           The documentation issued abroad must be duly legalised or apostilled and
•   a money order made out to the Consulate General of Spain to cover the           translated into Spanish.
    cost of the visa fee.
                                                                                    From the Spanish sponsoring organisation:
The Consulate may require additional documentation and request that the
documentation should be translated into Spanish and legalised or apostilled.        •   a copy of the incorporation deeds, inscribed in the mercantile register
                                                                                    •   a copy of the ID of the representative designated by the sending
Intra-organisation work permit                                                          organisation
The following documentation is needed to apply for an intra-organisation            •   ‘TA6’: a certificate indicating the inscription of the organisation in the
work permit:                                                                            Spanish social security system
                                                                                    •   ‘CIF’: the fiscal identification employer number
From the sending organisation:                                                      •   ‘TC1’: the organisation’s three most recent contributions to social security
                                                                                        charges
•   a power of attorney signed by the representative of the sending                 •   certificates proving that the organisation has paid all its liabilities related to
    organisation, allowing a foreign national to apply for a work permit in             tax and social security charges
    Spain                                                                           •   a description of the organisation’s profile indicating the project in which
•   the incorporation deeds, proving the existence of the sending organisation          the foreign national will participate
    and its fiscal address and fiscal code                                          •   a certificate proving that the organisation has not dismissed anyone in the
•   the organisation’s identification number                                            previous 12 months related to the job position being offered.
•   a public document proving that the sending and the host organisations
    belong to the same group or a services agreement signed by both                 The representative of the organisation should attend in person on the day of
    organisations                                                                   the presentation and bring the originals of the above documentation.




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Local work permit                                                                        The administrator or the representative of the organisation must attend in
To apply for a local work permit, the following documentation is required:               person on the day of the presentation and bring the originals of the above
From the foreign national:                                                               documentation.

•   a copy of all the pages of his or her passport that proves he or she is from         5.2 Special preference categories
    outside of Spain and a copy of his or her national ID
•   his or her CV                                                                        Researchers
•   documentation that proves his or her academic qualifications: degree                 A foreign national will be considered as a researcher when his or her stay in
    certificate(s) and any additional certificates                                       Spain has as its principal or sole objective to carry out research projects within
•   documentation proving his or her professional experience: employment                 the context of a reception agreement signed with a research organisation. The
    letters and contracts from previous or present employers, and previous pay           bodies specialising in research, either public or private, that meet the
    slips                                                                                conditions stipulated in the regulations, can be authorised by the State or the
•   his or her parents’ names                                                            autonomous regions, as appropriate, as research organisations in order to
•   documentation proving his or her preferences, including circumstances                receive foreign researchers. The authorisation will be awarded for a minimum
    that prevent the application of the labour market test.                              period of five years or shorter in special cases. A new regulation not yet in will
                                                                                         determine the conditions under which this authorisation can be obtained.
Please note that documentation issued abroad must be duly apostilled or
legalised.                                                                               The status of a foreign national under the research regime will mean that he
                                                                                         or she obtains a residence and work authorisation, which will be renewed
From the Spanish sponsoring organisation:                                                annually if he or she continues under the same conditions as the initial
                                                                                         authorisation.
•   a copy of the incorporation deeds, inscribed in the mercantile register
•   a power or deed of attorney justifying that the person who signs the                 Foreign nationals admitted under the special regime for researchers can give
    application, can represent the organisation before the administration and            classes and carry out activities related to their main research activity in
    hire employees on its behalf                                                         accordance with the current regulations.
•   a copy of the ID for the representative of the organisation
•   ‘TA6’: a certificate indicating the inscription of the organisation in the           Any foreign national, admitted as a researcher in any other MemberState of
    Spanish social security system                                                       the EU, who requests to carry out part of his research in Spain for up to three
•   ‘CIF’: the fiscal identification employer number                                     months, can apply for a residence and work authorisation. He or she can
•   documentary proof of the organisation’s three most recent contributions to           obtain one, if he or she fulfils the established requirements, without needing
    social security charges (‘TC1’ and ‘TC2’)                                            to apply for a visa. However, a new reception agreement may be required.
•   certificates justifying that the organisation has paid all its liabilities related
    to tax and social security charges                                                   Residence and work permits forhighly qualified professionals
•   a job description including the position and salary                                  Foreign nationals will be considered as highly qualified professionals for the
•   documentation proving the need to hire a foreign national                            purpose of this permit, if they possess high academic qualifications or,
•   a certificate proving that the organisation has not dismissed anyone in the          exceptionally, if they have professional experience of a minimum of five years,
    previous 12 months related to the job position being offered                         which can be compared to academic experience, according to the terms to be
•   the employment contract, which can only be for a pre-determined period               determined by the new regulation. Highly qualified professionals will be
    of not less than 12 months or an indefinite employment contract,                     awarded a residence and work authorisation, evidenced by an EU Blue Card.
    indicating the job position and the salary
•   documentation proving that the job market test allows the work permit                To award the authorisation for highly qualified professionals, the job market
    application.                                                                         test may be applied.



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A foreign national holder of an EU Blue Card, who has been residing for at             reunification of the parents of legal residents of long duration in an EU
least 18 months in another EU Member State, can obtain an authorisation for            State, of holders of an EU Blue Card and of beneficiaries of a special
Spain as a highly qualified professional. The application can be submitted in          regime of investigators, will be determined by legislation.
Spain, within one month of his or her entry, or in the EU State where he or she
has the authorisation. If the original authorisation expires before the             EU dependants
application filed in Spain is resolved, a temporary stay authorisation can be       As indicated above, EU dependants have the right to reside and work in Spain
awarded to the foreign national and his or her dependants.                          once the relationship with the EU foreign national is proven and the corresponding
                                                                                    residence card has been applied for.
5.2.1 Procedures
As indicated above, the new regulation will determine the requirements for          Dependants of work permit holders processed through the ‘UGE’
granting and renewing the residence and work authorisation.                         Dependants of a work permit holder processed through the ‘UGE’, can have
                                                                                    their residence permit application dealt with at the same time as the work
5.2.2 Documents                                                                     permit for the principal foreign national, if the requirements for the principal
See section 5.2.1 above.                                                            foreign national’s salary are fulfilled.

                                                                                    6.2 Procedures
6. LAWFUL     STAY FOR DEPENDANTS
                                                                                    Dependants of a non-EU legal resident
6.1 General                                                                         In relation to the dependants discussed in this section, a legal resident can seek
                                                                                    a residence authorisation for them, while renewing his or her initial work and
Dependants of a non-EU legal resident                                               residence permit.
The following dependants have the right to be reunified with a legal resident
in Spain who holds a renewal residence authorisation:                               A legal resident in Spain should apply for a resident permit for his or her
                                                                                    dependants before the Spanish authorities. Once the application has been
•   his or her children or children under his or her guardianship who are:          approved, the dependant must apply for a corresponding visa at the Spanish
    - under the age of 18 years                                                     Consulate with jurisdiction over his or her place of residence.
    - aged over 18 years, with a physical dependency that genuinely
        prevents them from taking care of themselves                                In relation to parents, a legal resident can seek an authorisation if he or she
•   dependants with whom the legal resident has a marriage relationship or a        has a long duration residence permit. He or she should apply for a resident
    commitment akin to marriage. It is possible to reunite a spouse or              permit for his or her dependants before the Spanish authorities. Once the
    unmarried partner, providing the union was registered in an official            application is approved, the dependant must apply for a corresponding visa at
    register. It is impossible to reunite more than one spouse or partner, even     the Spanish Consulate with jurisdiction over his or her place of residence.
    if the law of the legal resident’s country of origin allows polygamy. It is
    possible to reunite stepchildren and children of the legal partner              EU dependants
•   parents: those who are eligible for this process are those considered to be     The process is set out in section 4.3 (EU and EEA citizens) above.
    in the care of the legal resident. The legal resident must prove that during
    at least the most recent year of his or her residence in Spain, he or she has   Dependants of work permit holders processed by the ‘UGE’
    sent funds or covered the expenses of his or her parents to such an extent      The application for the dependants is submitted at the UGE at the same time
    that it implies effective economic dependence. They should be aged 65           as the work permit application for the principal foreign national.
    years or over, except in some cases in which there are humanitarian
    reasons to justify reunification, provided the rest of the requirements
    established by legislation are fulfilled. The requisites relating to the



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6.3 Documents

Dependants of a non-EU legal resident
The following documentation is needed to apply for a reunification permit
(all the documentation to be provided relates to the principal foreign national:

•   the original passport and a copy of the data page
•   the original residence card, and one copy. If it is a renewal, the original
    renewal application form and one copy
•   one copy of the data page of the dependant’s passport
•   one copy of the marriage or birth certificate (of the dependant),
    translated into Spanish
•   the original employment contract and one copy, plus the last three payslips
•   the original housing contract in the name of the principal foreign
    national, and one copy
•   the original public notary report indicating the conditions of the house, the
    contents, the number of rooms and the number of persons who are
    registered at it in the town hall
•   the certificate issued by the town hall indicating all the persons registered
    at the house address, including the principal foreign national.

The process takes a minimum of three months. Once approved, a dependant
must apply for a visa at the Spanish Consulate. Once a dependant enters
Spain, he or she must apply for a corresponding residence card.

In relation to parents, the principal foreign national should include proof to
indicate their financial dependence.

EU dependants
The necessary documentation is described in section 4.3 (EU and EEA citzens)
above.

Dependants of work permit holders processed through the ‘UGE’
The following documentation is needed:

•   a copy of all the pages of the dependants’ passports
•   the original marriage or birth certificate of the dependant, duly apostilled
    or legalised
•   a certificate signed by the organisation sponsoring the principal work
    permit holder, stating that his or her dependants will have a house in
    Spain.




    430
1. INTRODUCTION                             435

2. SOURCES OF LAW                           435

3. VISITORS FOR BUSINESS PURPOSES           435

3.1 Visas                                   435
3.2 Permitted Activities                    435
3.3 Procedures                              436
3.4 Documents                               436

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   436

4.1 General                                 436
4.2 Procedures                              437
4.3 Documents

5. WORK PERMITS
                                            437

                                            437
                                                  Sweden
5.1 General                                 437
    5.1.1 Procedures                        438
    5.1.2 Documents                         438

5.2 Special Preference Categories           438
    5.2.1 Procedures                        438
    5.2.2 Documents                         438

6. LAWFUL STAY FOR DEPENDANTS               439

6.1 General                                 439
6.2 Procedures                              439
6.3 Documents                               439
                                         Immigration - An International Handbook - SWEDEN




1. INTRODUCTION

In general, a foreign national (i.e. a citizen of any country outside the EU or
EEA area and Switzerland), who wants to work in Sweden, is required to apply
for a work permit. There are, however, exceptions to this general provision.

New legislation regarding foreign nationals and their potential to be granted a
work permit entered into force on 15 December 2008. According to the new
provisions, a foreign national can be granted a two year work permit, which
can be extended for another two years. After four years in Sweden, a foreign
national can apply for a permanent work and residence permit.

The EU ‘Visa Code’ has applied as law in Sweden since April 2010. The Visa
Code applies to all Schengen countries and a visa granted by any one of these
countries is also valid for visits to the others. In exceptional cases, for example
if a visa is not approved by all Schengen countries, the visa may only be valid
for entry into the issuing country or only for certain countries.

More information regarding applications for work permits, residence permits
and visas can be found on the Swedish Migration Board’s website, which is at
www.migrationsverket.se.


2. SOURCES    OF LAW


Swedish immigration law contains the main sources of law, namely the Aliens
Act (2005:716) and the Aliens Ordinance (2006:97).

3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
A foreign national who will visit Sweden for less than three months is
generally required to apply for a visa. However, citizens of countries with
whom Sweden has entered into a visa agreement, are exempt from this
requirement. A detailed list of nationalities that require a visa to enter Sweden
is available on the Swedish Migration Board’s website under the heading
‘Visiting Sweden’.

3.2 Permitted Activities
The guiding principle is that foreign nationals can visit Sweden (as a business
visitor) if they do not intend actually to perform ‘work’, but instead to
represent an organisation or employer, for example, at meetings or
conferences.


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3.3 Procedures                                                                      A list of all the categories that are exempt can be found at the Swedish
A visa application should be made at a Swedish mission abroad. In some              Migration Board’s website under the headings ‘Working in Sweden’ and
countries, Sweden is represented by another Schengen country’s mission. If the      ‘Exemptions to the work permit requirement’.
visa application is made at another Schengen country's mission abroad, the
foreign national should contact that particular mission in advance. In such         4.2 Procedures
cases, it is the other country's documentary requirements that apply.               The employer and the foreign national assess whether any of the exemptions
                                                                                    are applicable. The Swedish authorities will most likely not challenge the
The application process normally takes two weeks. However, the processing           assessment if it is reasonable.
times can vary at the different missions abroad. For up-to-date information, it
is advisable to contact the relevant Swedish mission abroad.                        Notwithstanding that a foreign national may be exempt from the work permit
                                                                                    requirement, a visa or a residence permit may still be required.
3.4 Documents
The following documents need to be submitted when applying for a visa:              4.3 Documents
                                                                                    If a visa is required, see section 3 above.
•   the specific application form for a Schengen visa, which can be
    downloaded from the Swedish Migration Board’s website                           If a residence permit is required, the application form for a work and residence
•   two passport photographs in which the foreign national is looking straight      permit should be used (see section 5 below). Instead of an ‘Offer of
    ahead. The photographs must not be more than six months old                     Employment’ letter from the prospective employer, a letter should be enclosed,
•   documentary evidence of medical travel insurance                                explaining that the employer and the foreign national have assessed that the
•   an invitation letter from a business partner or a Swedish organisation. The     exemption from a work permit requirement is applicable.
    invitation must contain information about the foreign national, e.g. his or
    her personal data, the reasons for the trip to Sweden, how long he or she
    intends to be in Sweden and who will be responsible for providing               5. WORK PERMITS
    financial support during the time in Sweden
•   proof of payment of the application fee                                         5.1 General
•   any other documents that may be required by the mission abroad.                 A work permit is required if a foreign national comes to Sweden to work.

                                                                                    A work permit will be granted if the prospective employer satisfies the
4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                          following three conditions:

4.1 General                                                                         •   the employer has advertised the vacant position within the EU and EEA
Certain professionals who plan to work in Sweden for only a short time, are             area and Switzerland (applicable to new recruitment)
exempt from the work permit requirement, for example representatives who            •   the employer offers a salary level, insurance cover and other working
work temporarily in Sweden for an organisation (e.g. salespersons and                   conditions at least equivalent to the provisions under the relevant Swedish
journalists); specialists in an international group who are working temporarily         collective bargaining agreements or in line with common practice on the
for the group in Sweden (for less than one year in total); employees employed           Swedish labour market for such a position or industry
by an international group who will undergo practical training, on-the-job           •   the relevant trade union has been given the opportunity to express an
training or other in-service training at an organisation in Sweden, which is part       opinion on the terms of employment.
of the group (totaling a maximum of three months, covering a twelve-month
period).                                                                            A work permit can be granted for a maximum of two years. The permit can
                                                                                    also be extended for a further two years. However, if the employment is
                                                                                    temporary, a work permit can only be granted for the relevant period. A
                                                                                    residence permit is automatically included with a work permit.


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After four years in Sweden, a foreign national can apply for a permanent work    6. LAWFUL   STAY FOR DEPENDANTS
and residence permit.
                                                                                 6.1 General
5.1.1 Procedures                                                                 Dependants and family members include:
An application should be made by theforeign national in person. If he or she
will stay in Sweden and the Schengen area for less than three months, and is     •   a foreign national’s husband or wife, common law spouse or registered
not a citizen of a country with whom Sweden has entered into a visa                  partner
agreement, a visa is also required. If the stay in Sweden will be for a period   •   a foreign national’s children, or his or her partner’s children, who are under
longer than three months, a residence permit will also be required.                  21 years of age. Children who are 21 years of age or older must be
                                                                                     dependent on a foreign national or his or her partner for support, in order
An application should be made at a Swedish mission abroad, or through the            to be granted a residence permit.
Swedish Migration Board’s website. If Sweden does not have an embassy or
consulate in the specific country, another Schengen country’s mission may        6.2 Procedures
represent Sweden.                                                                A foreign national’s family members can be granted residence permits for the
                                                                                 same period that the foreign national receives a residence and work permit. If
The application process normally takes four to eight weeks. It may take less     a foreign national’s employment is to be for more than six months, family
time (approximately three weeks) if the application is made through the          members can also be granted work permits.
Swedish Migration Board’s website.
                                                                                 6.3 Documents
5.1.2 Documents                                                                  The following documents should be submitted with the application:
The following documents are required when making the application:
                                                                                 •   the specific application form for a residence permit for family members,
•   the specific application form for a work and residence permit, which can         which can be downloaded from the Swedish Migration Board’s website. If
    be downloaded from the Swedish Migration Board’s website                         an on-line application is made, the family member(s) can apply together
•   two passport photographs in which the individual is looking straight             with a foreign national
    ahead. The photographs must not be more than six months old                  •   a copy of a passport that shows the identity of the family member(s), the
•   a copy of the foreign national’s passport                                        dates of its validity and any permits to stay in a country other than the
•   an ‘Offer of Employment’, using a standard form, should be filled out by         country of origin
    the prospective employer. The form can be downloaded from the Swedish        •   the marriage certificate (if any) and birth certificate(s) for children (if any).
    Migration Board’s website
•   proof of payment of the application fee.

5.2 Special preference categories
There are no special preference categories.

5.2.1 Procedures
Not applicable

5.2.2 Documents
Not applicable




    438                                                                                                                                                            439
1. INTRODUCTION                             443

2. SOURCES OF LAW                           443

3. VISITORS FOR BUSINESS PURPOSES           444

3.1 Visas                                   444
3.2 Permitted Activities                    444
3.3 Procedures                              444
3.4 Documents                               445

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   446

4.1 General                                 446
4.2 Procedures                              446
4.3 Documents

5. WORK PERMITS
                                            446

                                            446
                                                  Switzerland
5.1 General                                 446
    5.1.1 Procedures                        448
    5.1.2 Documents                         448

5.2 Special Preference Categories           449
    5.2.1 Procedures                        449
    5.2.2 Documents                         449

6. LAWFUL STAY FOR DEPENDANTS               449

6.1 General                                 449
6.2 Procedures                              450
6.3 Documents                               450
                                    Immigration - An International Handbook - SWITZERLAND




1. INTRODUCTION

In Switzerland, immigration legislation has gone through a process of constant
and comprehensive changes. The new legislation, effective as of 1 January
2008, mainly codifies the recent practice of Swiss immigration authorities
without making any major changes.

A key principle in Swiss immigration law is the distinction between EU and
EFTA nationals (the EFTA countries being Iceland, Norway, Liechtenstein and
Switzerland), and so-called ‘third state nationals’. While EU and EFTA
nationals benefit from a number of intergovernmental agreements (in
particular, the bilateral agreement between Switzerland and the EU on the
Freedom of Movement of Persons), only a very limited number of well-qualified
employees from third countries are admitted to work in Switzerland. As of the
beginning of 2010, the requirements for obtaining a work permit in favour of
a non-EU or non-EFTA national became even more restrictive, given that the
number of units of the annual quota (i.e. the number of foreign nationals
authorised to work in Switzerland in a given calendar year) has been reduced.

As regards the visa procedure, the entry of Switzerland into the Schengen area
on 12 December 2008, has led to the harmonisation of entry conditions, also
for third states, members of which are subject to visa requirements. Since the
Swiss practice was very similar to that of the EU in terms of visas, only a few
changes needed to be made.


2. SOURCES   OF LAW


Swiss immigration law is relatively complex, since various legal provisions must
be taken into account. The fundamental rules are contained in the legislation
listed below:

•   Federal Foreigners Act dated 16 December 2005 (Bundesgesetz über die
    Ausländerinnen und Ausländer / Loi fédérale sur les étrangers)
•   Ordinance on the Entry and Visa Procedures dated 22 October 2008
    (Verordnung über die Einreise und die Visumerteilung / Ordonnance sur
    l’entrée et l’octroi de visas)
•   Ordinance on Admission, Residence and Gainful Employment dated 24
    October 2007 (Verordnung über Zulassung, Aufenthalt und
    Erwerbstätigkeit / Ordonnancerelative à l’admission, au séjour et à
    l’exercice d’une activité lucrative)




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•   Agreement between Switzerland and the European Union on the Free                If the Swiss diplomatic representation demands a declaration of sponsorship,
    Movement of Persons dated 21 June 1999 (Abkommen über die                       the foreign national must fill out the relevant form and submit it to the
    Freizügigkeit / Accord sur la libre circulation des personnes).                 guarantor. The guarantor completes and signs the declaration of sponsorship,
                                                                                    then sends it to the regional or communal authority in charge (depending on
                                                                                    the foreign national’s region of residence).
3. VISITORS   FOR BUSINESS PURPOSES
                                                                                    The declaration of sponsorship is checked by the regional or communal
3.1 Visas                                                                           authority and entered into the Central Migration Information System.
Depending on the nationality of the foreign national, an entry visa may be
required for admittance into Switzerland. This type of authorisation only           The result of the investigation is immediately communicated to the Swiss
regulates the question of entry into Switzerland, namely crossing the Swiss         diplomatic representation, which then decides on the issue of a visa. In
border. The visa is issued by the competent Swiss diplomatic representation         general, visas are delivered within five days after the application date. The fee
outside Switzerland.                                                                for the delivery of a visa amounts to EUR 60, to be paid in cash, plus a EUR 7
                                                                                    fee for transmission. The fees are not refunded for any reason, even if the visa
EU and EFTA nationals do not need a visa to visit Switzerland for the purpose       is refused.
of tourism, business trips and visits for a maximum stay of three months.
                                                                                    If the visa is refused, the Swiss diplomatic representation will communicate the
Foreign nationals who have entered Switzerland in compliance with the               decision to the foreign national. The foreign national can appeal in writing
relevant regulations and are not taking up any form of employment require no        against the decision before the Federal Office for Migrations (‘FOM’) within 30
residence permit, if the duration of their stay does not exceed three months.       days of notification. Thereupon, the FOM will issue a contestable decision
Their stay must not exceed a total of three months within a six-month period.       subject to a fee, against which the foreign national can appeal before the
                                                                                    Federal Administrative Court within 30 days of notification of the decision.
Foreign nationals intending to take up employment in Switzerland are required
to apply for a work permit.                                                         3.4 Documents
                                                                                    The following documents are required:
3.2 Permitted Activities
A foreign national who comes to Switzerland without carrying on a lucrative         •   one application for a Schengen visa (duly filled out and signed)
activity must nevertheless indicate the reasons for his or her visit, which may,    •   two passport size photographs
for example, be tourism, business, health reasons (e.g. finding a cure) or study.   •   passport (this must be valid for at least three months after having left the
                                                                                        Schengen territory)
Visitors for business purposes have the right to attend business meetings and       •   travel insurance (minimum coverage of insurance is the equivalent of EUR
perform their business activity on behalf of their foreign employer, as long as         30,000)
they do not perform a lucrative activity in Switzerland.                            •   documents justifying the object and the duration of the stay (business or
                                                                                        tourist trip or private travel)
3.3 Procedures                                                                      •   documents proving the intention to return
Individuals applying for a visa are required to submit their visa application to    •   proof of sufficient means to cover the costs of the stay, such as the previ
the competent Swiss diplomatic representationof their place of residence. The           ous month’s salary statement, the latest bank account statements, a
application form is provided by the Swiss diplomatic representationfree of              saving book, credit cards, traveller's cheques, etc. (the minimum
charge. The application form must be submitted together with the travel                 requirement is CHF 100 per day, i.e. EUR 75)
document, as well as, on demand, other documents which certify the reason           •   an attestation signed by the organisation that the foreign national will be
of travel (see ‘Documents’ below).                                                      visiting in Switzerland, which must specify the duration and reasons for the
                                                                                        visit



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•   the organisation’s declaration of acceptance of financial liability (the          Stays of up to four months (or 120 days)
    organisation guarantees that it will bear the expenses connected with the         The permit is granted either for a single stay of four consecutive months or it
    arrival and stay of the foreign national in Switzerland).                         allows the foreign national to be in Switzerland regularly throughout the year
                                                                                      for a total of 120 days in a calendar year. There is no limitation (quota) for the
                                                                                      granting of such permits.
4. WORKERS    WHO MAY NOT NEED WORK PERMIT
                                                                                      Short stays (one year)
4.1 General                                                                           An organisation can be granted a work permit for a foreign specialist whose
If a foreign national comes to carry out a lucrative activity without                 presence is required to perform a special assignment for a limited period of
employment, i.e. a one-off intervention with a Swiss employer, he may carry           time (short-term permit, ‘L permit’), for up to one year. These short-term
out a lucrative activity in Switzerland for a maximum duration of eight days per      permits may, in exceptional circumstances, be extended up to a maximum
calendar year (the so-called ‘eight-day rule’). After the expiration of this time     period of 24 months in total, if the employer remains the same. Similar
limit, he or she must hold a work permit.                                             one-year permits can also be obtained for trainees. Such trainee permits
                                                                                      granted for one year may, in exceptional circumstances, be extended for
4.2 Procedures                                                                        another six month-period upon approval of the Federal Office for Migrations.
Depending upon his or her nationality, the foreign national is subject to an
entry visa, in accordance with the procedure described above.                         Ordinary residence and work permit
                                                                                      A foreign specialist can only be authorised to work in Switzerland for an
4.3 Documents                                                                         unlimited period of time, if his or her employer obtains a new unit within the
A foreign national who needs a visa to enter Switzerland must provide the             quota system. The unit granted will allow the Cantonal Foreigner Office to issue
requested documents for its delivery (see above).                                     the residence and work permit (long-term permit, ‘B permit’).

                                                                                      Settlement
5. WORK PERMITS                                                                       For nationals of the first 15 Member States of the EU and those of the EFTA
                                                                                      Member States, as well as nationals of the United States of America and
5.1 General                                                                           Canada, the B permit can be converted into a settlement permit (‘C permit’)
As a general rule, any gainful activity requires a permit or is subject to a regis-   after five years of continuous residency. The C permit grants in principle the
tration procedure. The particular type of work permit depends on the                  same rights as those of a Swiss citizen, except for political rights. For citizens
contemplated duration of the gainful activity in Switzerland. A non-EU or non-        of other countries, the C permit is in principle only granted after ten years of
EFTA citizen who wishes to exercise a gainful activity in Switzerland is subject      residency.
to measures of limitation, as contained in the Federal Foreigners Act of 2005.
                                                                                      Activity in Switzerland without residence
Following the entry into force of the Agreement on the Free Movement of               Foreign nationals can hold a permanent residence authorisation in a
Persons in 2002, all EU and EFTA nationals have the personal right to stay in         neighbouring country (Italy, France, Austria, Germany) and work in
Switzerland. However, Switzerland has negotiated certain transitional                 Switzerland while living near the Swiss border (‘G permit’). Non-EU and
conditions with the EU for the effective application of this right of stay for the    non-EFTA nationals may obtain a G permit, if they have already stayed in the
Member States that have recently joined the EU.                                       border area for six months before filing the G permit application.

Stays not exceeding eight days within any given period of three                       Residence in Switzerland without gainful activity
months                                                                                EU and EFTA nationals who do not exercise a lucrative activity, at least not in
No work permit is required in principle, unless the foreign national is working       Switzerland, have the right to obtain a residence permit in Switzerland, as long
for a Swiss employer or an employer who has a branch or a permanent                   as they can show that they have sufficient financial means to cover their stay
establishment in Switzerland.


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and that they hold comprehensive health and accident insurance. Like all              5.2 Special preference categories
individuals who exercise a lucrative activity, they have the right to family          In general, work permits are only granted to non-EU and non-EFTA citizens if
reunification and settlement.                                                         they are highly qualified employees and provided that no adequate candidate
                                                                                      for the same position can be found in the local market (including EU and
5.1.1 Procedures                                                                      EFTA). This requirement does not apply in the event of an ‘intra-group
Applications for work permits must be submitted by the Swiss employer to the          transfer’ (i.e. a transfer from one organisation to another within the same
competent cantonal authority at the place where the foreign national intends          corporate group) of senior staff or management, provided that the transferred
to carry out a gainful activity. EU and EFTA nationals who are merely subject to      employee has acquired, during his or her employment within the group (which
a registration procedure may register at the Inhabitants Control Office of their      must be at least one year), specific knowledge and skills which are indispensable
place of residence in Switzerland. Self-employed foreign nationals and foreign        for the assignment in Switzerland.
nationals who do not intend to exercise a gainful activity must apply individually.
                                                                                      5.2.1 Procedures
Upon filing an application, the process of obtaining a work permit usually            The procedure for the granting of a work permit for transferred employees is
takes approximately eight to ten weeks.                                               the same as explained above.

The residence permit is delivered together with the work permit and is included       5.2.2 Documents
in the same document. The non-EU or non-EFTA citizen will also need to                The requested documents are the same as in the general procedure, except for
obtain a visa abroad before taking up residence and work in Switzerland.              the proof of failed recruitment efforts, which is not required in the case of an
                                                                                      intra-group transfer.
5.1.2 Documents
In order to apply for a work permit, a non-EU or non-EFTA national needs to
provide the following documents:                                                      6. LAWFUL   STAY FOR DEPENDANTS


•   an official application form                                                      6.1 General
•   a copy of his or her passport                                                     As a rule, only foreign nationals with a normal B permit are authorised to bring
•   his or her employment agreement                                                   their spouse and children (under 18 years old) with them to Switzerland
•   his or her curriculum vitae                                                       pursuant to family regrouping measures and provided they all live with the B
•   copies of his or her university degrees or diplomas                               permit holder. The spouse would normally be authorised to work in
•   proof of the employer’s unsuccessful recruitment efforts in the Swiss             Switzerland without his or her employer needing to request an additional unit
    (and European) labour market                                                      of the quota. However, the employer will need to file an application and show
•   a description of his or her qualifications and particular skills                  that the employment conditions and salary are equivalent to those prevailing
•   two passport size photographs                                                     in the workplace and in the profession for local manpower.
•   his or her marriage certificate, if applicable
•   a birth certificate for any children, as applicable                               If the family members of a Swiss national hold a residence authorisation
•   upon arrival in Switzerland, a copy of the lease agreement and the foreign        delivered by an EU or EFTA State, they have a right to a residence permit in
    national’s criminal record.                                                       Switzerland. In such a case, family members include the spouse, any children
                                                                                      under 21 years old, as well as the parents of the Swiss national and of his or
EU and EFTA nationals can obtain a work permit without prior approval using           her spouse.
a registration procedure, upon presentation of their identity papers and
confirmation of employment.




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6.2 Procedures
The family member must apply for the residence permit with the Cantonal
Foreigner Office at his or her place of residence in Switzerland. At the same
time, he or she must fill out a visa application form to be filed with the
competent Swiss representationabroad.

6.3 Documents
The requested documents are the usual ones (passport, passport size
photographs, marriage certificate and birth certificate for any children).




   450
1. INTRODUCTION                             455

2. SOURCES OF LAW                           455

3. VISITORS FOR BUSINESS PURPOSES           455

3.1 Visas                                   455
3.2 Permitted Activities                    455
3.3 Procedures                              455
3.4 Documents                               456

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   456

4.1 General                                 456
4.2 Procedures                              457
4.3 Documents

5. WORK PERMITS
                                            458

                                            458
                                                  Turkey
5.1 General                                 458
    5.1.1 Procedures                        459
    5.1.2 Documents                         460

5.2 Special Preference Categories           462
    5.2.1 Procedures                        462
    5.2.2 Documents                         462

6. LAWFUL STAY FOR DEPENDANTS               462

6.1 General                                 462
6.2 Procedures                              463
6.3 Documents                               463
                                         Immigration - An International Handbook - TURKEY




1. INTRODUCTION

The law and regulations regarding work permits for the Republic of Turkey
changed significantly in 2010. After several years of high denial rates,
extremely long adjudication periods and extra barriers for the permits for
engineers, architects and urban planners, the 2010 changes have greatly
improved the processing of work permits.


2. SOURCES    OF LAW


The main sources of law on immigration are as follows:

•   Act No: 4817 on ‘Work Permits for Foreigners’
•   Application Regulations for the Law on Work Permits of Foreigners
•   Regulations on the Employment of Personnel of Foreign Nationality in
    Direct Foreign Investment.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
Though foreign nationals of some countries are allowed entry into Turkey visa
free, as a general rule, foreign nationals require a visa to enter and remain in
Turkey. The term and the fee for the visa depend on the nationality of the
applicant. A more precise list of those nationalities that are visa free and those
that require a visa is available on the website of the Ministry of Foreign Affairs
of the Republic of Turkey: www.mfa.gov.tr. Note that several nationalities are
permitted to obtain their visa upon arrival at the Turkish border gates (known
as a ‘sticker visa’). Please see the above website for a list of these countries.

3.2 Permitted Activities
As in many countries, no ‘productive work’ is permissible while on a visitor visa
in Turkey. Business visitors may attend meetings, conferences or training with
colleagues, clients or customers whilst in visitor status. For a more complete list
of the activities exempted from the need for a work permit and permitted
visitor status, please see section 4 below.

3.3 Procedures
Nationals who are neither visa free nor ‘sticker’ visa eligible must apply for a
business visitor visa at the Turkish consulate located where they legally reside.




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3.4 Documents                                                                       •   for the assembly, maintenance and repair of machinery and equipment
Required Documents for Business Visitor Visa Applications:                              imported by Turkey, for training in their use or for taking delivery of the
                                                                                        equipment (maximum three months). (For further details of this often-used
•   petition from the overseas organisation: specifying: (i) the dates the              category, see section 4.2 below)
    employee will be in Turkey, (ii)the activities to be conducted, etc.            •   for training related to the use of goods and services exported from Turkey
•   invitation Letter (from the hosting Turkish organisation which the                  or imported into Turkey (maximum three months)
    employee will visit)                                                            •   who will provide a significant service and contribution to Turkey in
•   visa application form                                                               socio-cultural and technological fields, as well as providing training
•   passport photographs                                                                (maximum one month)
•   original passport.                                                              •   who are also foreign students who wish to participate in internships in
                                                                                        private or public institutions (duration of the period of the internship).
The following may be required, according to the consular post:
                                                                                    The above exempted categories (with the exception of interns) may only
•   return ticket                                                                   benefit from these categories once per calendar year. Extensions of stay (up to
•   the applicant’s personal bank account records for the previous several          the maximum periods specified above) are possible by applying for a residence
    months                                                                          permit annotated with the corresponding entry exemption (see below for how
•   the applicant’s personal tax records for the last several years.                this is done in the case of an AMS residence permit). For foreign nationals
                                                                                    whose activities exceed one month, it will be necessary to obtain a residence
Additional documents may be required according to the post and these may            permit, appropriately annotated regarding their activities.
change without notice. It is advisable to communicate with the relevant
consulate for each application.                                                     4.2 Procedures
                                                                                    The most important of the exempted categories for employers are the
When the applicant arrives in Turkey, if he or she wishes to remain beyond the      Assembly and Maintenance Service Visas (‘AMS’ visas). An employee of a
time specified in the visa, it is possible to apply for a residence permit (based   foreign organisation may, under certain conditions, engage in assembly and
on a ‘business meeting’), using the same application process as for an AMS          maintenance service work for the benefit of a receiving Turkish organisation,
residence permit (see section 4.2 below) for up to 90 days, once within a           without the need for a work permit. An AMS visa can be used for many
calendar year. However, when a residence permit based on a business meeting         categories of ‘products’ including assembly, training for staff, and
is applied for, the local Police Department may conduct unannounced on-site         maintenance of: software, computer hardware, complex machinery, energy
visits of the hosting Turkish organisation, with the purpose of checking that       equipment, and manufacturing equipment. However, as the interpretation of
the visitor is not engaged in productive work.                                      appropriate ‘product’ or ‘service’ is not subject to Foreign Ministry guidance,
                                                                                    in practice there is significant variation in interpretation amongst consulates.
                                                                                    Note that in relation to AMS visas:
4. WORKERS    WHO MAY NOT NEED WORK PERMIT
                                                                                    •   the qualifying foreign national must continue to be paid by the foreign
4.1 General                                                                             organisation which sent him or her, i.e. not by an organisation within
Turkish work permit regulations carve out special exemptions for certain                Turkey. The visa allows the qualifying foreign national to work only in the
categories of activities, and these do not require a work permit. They include,         locality specified in the application documentation visa and for the
but are not limited to foreign nationals entering Turkey:                               organisation designated in the visa.
                                                                                    •   An AMS visa can be issued for a maximum of 90 days, but in practice it is
•   for scientific, cultural and artistic activities (maximum one month), and for       usually issued for 15-30 days. Although the visa application allows a
    the purpose of sport activities (maximum four months)                               request to be made either for a single or multiple-entry visa, in practice, the
                                                                                        Foreign Ministry issues only single-entry visas. Therefore, in order to allow
                                                                                        multiple entry, it is essential that a residence permit annotated with the
                                                                                        AMS data is obtained.

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•   AMS visas may only be issued once per calendar year per foreign national.        •   the employer must meet certain paid-in capital amounts, but alternatives
    Therefore, if the foreign national leaves Turkey during the initial visa             are available.
    period, he or she will not be able to re-enter Turkey pursuant to the AMS        •   the employer must also provide certain minimum salary levels depending
    status for one calendar year, unless an AMS residence permit is obtained,            on the position offered to the foreign national.
    as described below.
                                                                                     It is important to note that the work permit applications for certain professions
4.3 Documents                                                                        may require additional procedures. For example, a work permit application for
For documents required for AMS Visa Application, please see section 3.4              an engineer, architect or urban planner will require an ‘equivalency’ procedure
above.                                                                               by the appropriate government agency. This is a lengthy procedure (taking up
                                                                                     to a year), which is dealt with first by the Education Ministry and then the
Note that consulates may require additional documents and may change their           Higher Education Council, after consultation with the professional chambers.
requirements without notice. It is advisable to communicate with the relevant        Note that one of the changes in the law made in 2010 is to allow the Ministry
consulate in relation to each application. AMS visa applications are generally       the discretion to issue a one-year interim work permit for these applicants.
adjudicated within 1-7 business days, depending on the consulate.
                                                                                     Residence permits for employees
Note that AMS visa holders may apply for residence permits (annotated to             A residence permit is required for anyone intending to work or reside in Turkey
reflect AMS status) to remain in Turkey for a total of 90 days and to enable         beyond 30 days. This applies to those granted a work permit, those who wish
multiple entry.                                                                      to extend their AMS or internship status, dependants of those granted a work
                                                                                     permit, etc. The procedure and documents required for obtaining a residence
                                                                                     permit based on a work permit are set out below.
5. WORK PERMITS
                                                                                     Optional procedure for Group A nationals
5.1 General                                                                          As explained above, Group A nationals have the option to use a different
Turkish law separates foreign nationals into two categories: Group A (the EU,        procedure to become work-authorised. Instead of obtaining a work visa from
the US, Canada, Australia, and certain others on a list that changes periodically)   the Turkish consulate abroad, a Group A national may enter Turkey pursuant
and Group B (all others). Group A nationals are given several benefits within        to a visitor visa, and then apply for a residence permit (based on the available
immigration law and, in the context of applying for a work permit, have two          funds of the applicant, as explained below). Once in possession of a residence
types of application procedures available to them. Group A nationals may file        permit which is valid for at least six months, the Group A national will then
their work permit applications (i) via a Turkish consulate abroad (as explained      apply for work permit, submitting both the employer/employee documents, as
below)or (ii) domestically with the Labour Ministry in Turkey (whilst in             outlined below. Once the work permit is approved, the employee must amend
possession of a residence permit, see section 5.1.1 below).                          the residence permit to reflect that he or she is now work-authorised. Note
                                                                                     that under no circumstances is the employee authorised to commence work
Significant changes in the work permit regulations occurred in 2010.                 until this last step is completed (i.e. the residence permit has been annotated
These include that:                                                                  with approval for work).

•   the work permit application form must now be filed through the Labour            5.1.1 Procedures
    Ministry’s online web-based system. The support documentation must               When applying from abroad, the employee must file a work visa application at
    then be sent by post within six business days of the online application.         the Turkish consulate where he or she legally resides. Within ten business days
•   the employer must show at least five Turkish employees on its payroll            of making the application, the employer must file a full work permit
    for each foreign national. Special exemptions may apply for a new business       application domestically with the Labour Ministry. By law, the Labour Ministry
    entity.                                                                          has 30 days to process the application, assuming there are no missing
                                                                                     documents, but this deadline is not always met. Once the application has been



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approved by the Labour Ministry, the foreign national must return to the            As the consulate may request additional documentation, it is advisable to
Turkish Consulate within 90 days to obtain a work visa. The work visa allows        correspond with the consulate before filing the work visa application. The
the foreign national to enter Turkey for work purposes within its period of         consulate will inform the applicant (normally by email) when the application
validity. Then, within 30 days of arrival in Turkey, the foreign applicant must     has been officially registered to give the employer time to file the relevant
also apply for a residence permit, in order to validate the work permit.            documents.
Please see section below for residence permits.
                                                                                    Work Permit Application filed at the Ministry
Residence permits for employees                                                     Documents required from the foreign national:
With regard to a residence permit for the holder of a work visa and work
permit, a residence permit must be filed within 30 days of arrival on the work      •   four application forms (in Turkish) signed by both employee and employer
visa in Turkey. The foreign employee must file a residency permit application       •   six passport size photographs
with the Foreign Nationals’ Police Department in the area where the foreign         •   a copy of the diploma/degree of the educational institution from which
national resides. Please note that the procedure and support documents                  applicant last graduated, either: (i) certified by the Turkish consulate or a
required may vary with the district of the Police Department. The documents             Turkish notary or (ii) apostilled in accordance with the Hague Convention
and procedure set out below is as described by the Foreign Nationals’ Police        •   a copy of the page of the foreign national’s passport showing biographical
Department of Istanbul.                                                                 information, either: (i) certified by the Turkish consulate or a Turkish notary
                                                                                        or (ii) apostilled in accordance with the Hague Convention
Optional procedure for Group A nationals                                            •   employment agreement or offer letter.
As explained above – and again based on the procedure used by the Istanbul
Police Department only – for this optional procedure for group A nationals, the     Documents required from the employer:
initial step after tourist entry is to apply for a funds-based Resident Permit of
at least six months duration. Once the residence permit is issued, the work         •   a letter on the letterhead of the organisation addressed to the Labour
permit application with both the employer and employee’s portions, can then             Ministry requesting the foreign employee’s services
be filed domestically directly with the Labour Ministry. Once the work permit       •   the previous year’s profit and loss statement and balance sheet approved
is approved, the foreign national must then file for a “conversion” of his or her       by the certified financial advisor or Tax Office
residence permit from “funds based” to “work permit based”.                         •   the organisation’s export incentive and investment incentive certificates, if
                                                                                        any
5.1.2 Documents                                                                     •   the social security office list of registered employees
                                                                                    •   if the organisation has a foreign shareholder, the Trade Registry Gazette of
Work Visa Application filed at the Consulate                                            the organisation, showing the most recent capital and shareholding
The following documents are required:                                                   structure
                                                                                    •   a notarised copy of organisation’s signature circular
•   a petition letter on the letterhead of the relevant organisation (containing    •   power of attorney of the organisation (if filed by a law firm).
    information about the intended employment, term and work duties)
    signed by an individual with the authority to sign on behalf of the             Residence Permit Applications for employees
    organisation)
•   the standard visa form provided by the consulate                                •   residence permit application form (in colour)
•   passport                                                                        •   four passport size photographs
•   passport photographs                                                            •   passport
•   employment contract or offer letter                                             •   previous residence permit (if seeking renewal)
•   if the person applies from a country other than of his or her nationality,      •   original and copy of the work permit
    then his or her valid residence permit or evidence of legal status in the       •   power of attorney from the applicant (if filed by a law firm).
    country of residence.


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Note that if a law firm makes the application, the applicant does not need to     6.2 Procedures
be present, but he or she will need to be present to collect the residence        Dependants of work permit holders may enter with the holder pursuant to a
permit on the collection date determined by the Police Department (usually 1-     visitor visa. The dependant then must obtain a residence permit within 30 days
5 days after filing).                                                             of entry.

Optional procedure for Group A nationals                                          6.3 Documents
The documents required for funds-based residence permits include:                 The required documents are as follows:

•   the standard application form (in colour)                                     •   petition
•   passport size photographs                                                     •   four photographs
•   passport (both original and photocopy)                                        •   original passport plus a copy
•   copy of previous residence permit (if seeking renewal)                        •   application form
•   a current bank statement certified by a Turkish bank in the Turkish           •   original and notarised Turkish translation of the marriage certificate (for
    language, in an account in the applicant’s name evidencing USD 300 per            spousal dependant) and child’s birth certificate (for minor dependant)
    month or USD 3,600 per year, or (B) a current foreign exchange receipt in     •   copy of residence permit (with work permit notation) of the principal
    applicant’s name in the Turkish language, evidencing conversion of at least       spouse/parent
    USD 300 per month or USD 3,600 per year into Turkish lira (note that          •   a notarised undertaking from the mother and father concerning the care
    amount of funds may vary according to the location of filing).                    and upkeep of any dependent child.

Upon approval of the work permit, the residence permit will need to be            A residence permit application is made in the same manner as described
annotated within 30 days by the Local Police Department to reflect the work       above. Please note that the child must be present when filing a residence
permit. This process is a conversion of the residence permit from a               permit application, accompanied by its mother or father.
‘funds-based’ to an ‘employment-based’ permit. The documents and
procedure used for this are as described in section 5.1.2 Residence Permits for
Employees, above.

5.2 Special preference categories
There are no special preference categories under Turkish law.

5.2.1 Procedures
Not applicable.

5.2.2 Documents
Not applicable.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
According to Turkish law, dependants are defined as children under 18 years
of age, and lawfully married spouses. Turkey does not recognise common law
spouses or co-habiting partners.



    462                                                                                                                                                           463
1. INTRODUCTION                             467

2. SOURCES OF LAW                           467

3. VISITORS FOR BUSINESS PURPOSES           467

3.1 Visas                                   467
3.2 Permitted Activities                    467
3.3 Procedures                              468
3.4 Documents                               468

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   468

4.1 General                                 468
4.2 Procedures                              469
4.3 Documents

5. WORK PERMITS
                                            469

                                            469
                                                  United Kingdom
5.1 General                                 469
    5.1.1 Procedures                        470
    5.1.2 Documents                         471

5.2 Special Preference Categories           472
    5.2.1 Procedures                        472
    5.2.2 Documents                         472

6. LAWFUL STAY FOR DEPENDANTS               473

6.1 General                                 473
6.2 Procedures                              473
6.3 Documents                               473
                                  Immigration - An International Handbook - UNITED   KINGDOM




1. INTRODUCTION

In June 2008 the UK Government introduced a ‘Points Based System’ in stages,
which has changed most of the routes by which foreign nationals can enter
the UK.

The Points Based System is made up of 5 Tiers: Tier 1 is for highly skilled
foreign nationals whose permission to work in the UK is not tied to any
particular employer. Tier 2 is for skilled foreign nationals coming to the UK to
work in a particular job for a particular employer. Tier 3 is for unskilled foreign
nationals, but is not currently operational. Tier 4 is for students, and Tier 5 is
for temporary workers.


2. SOURCES    OF LAW


The majority of the relevant law can be found within the Immigration Rules, as
made in accordance with section 3(2) of the Immigration Act 1971.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
All visa nationals, intending to come to the UK for a period of up to six
months, require a visa issued by a British diplomatic post in their country of
normal residence before entering the UK as a business visitor.

If frequent business travel to the UK is envisaged multiple entry visas are
available for business visitors for six months, and one, two, five and ten years.

Non-visa nationals will be issued permission to enter the UK as a visitor for a
period of not more than six months upon arrival.

3.2 Permitted Activities
Business visitors may attend board meetings and meetings to negotiate deals;
undertake fact finding missions; attend interviews or trade fairs; conduct site
visits; deliver goods or passengers; take part in location shoots; and represent
overseas news media.

Under particular circumstances, some secondees, advisers, consultants and
individuals coming to the UK for training in UK work practices only, may also
qualify for entry as business visitors.



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Business visitors must not take up employment, produce or sell goods or          4.2 Procedures
services directly to the UK public, or study in the UK. Furthermore, business    Individuals required to register under the Worker Registration Scheme must
visitors must not intend to transfer their base to the UK and must not receive   complete the requisite form and submit this to the UK Border Agency within
a salary from a UK source.                                                       one month of commencing their employment.

3.3 Procedures                                                                   Romanian and Bulgarian nationals must find a UK employer who will submit a
The application process involves completion of an application form that is now   work permit application on their behalf. Once issued, the foreign worker must
available online in most countries, booking and attending an appointment to      then submit an application for an Accession Worker Card before they can
submit biometric data (a digital photograph and finger scans), and submitting    commence their employment.
hard copy application materials.
                                                                                 4.3 Documents
3.4 Documents
The required documentation includes:                                             Worker registration scheme

•   valid current passport                                                       •   Original passport or identity card
•   two identical colour passport size photographs                               •   completed application form
•   a return or onward airline ticket and travel itinerary                       •   application fee of £90
•   evidence of any previous dealings with the UK company e.g. email             •   two identical colour passport photographs
    correspondence or invoices                                                   •   a letter from the UK employer confirming the date the foreign worker
•   an invitation letter from a sponsor in the UK                                •   commenced employment in the UK.
•   a letter of support from the overseas employer or evidence of
    employment or self-employment in the home country                            Accession worker card and work permit
    bank statements or payslips for the six months immediately preceding         The UK employer must complete a pre-points style work permit application
    the submission of the application..                                          form. Following approval of the work permit application, the foreign worker
                                                                                 must submit the following in support of the Accession worker card:

4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                       •   original passport / ID card
                                                                                 •   two identical passport size photographs
4.1 General                                                                      •   completed application form
Note that the terminology used in the UK is ‘work authorisation’, rather than    •   documents relevant to the basis on which the application is made.
‘work permit’.

EEA nationals have the right to travel to and reside in the UK without first     5. WORK PERMITS
obtaining a visa.
                                                                                 5.1 General
Nationals of the following countries may however need to register under the      Note that the terminology used in the UK is ‘work authorisation’, rather than
Worker Registration Scheme (WRS) within one month of commencing                  ‘work permit’.
employment in the UK: the Czech Republic; Estonia; Hungary; Latvia;
Lithuania; Poland; Slovakia; and Slovenia.                                       Tier 1 (General) migrant visa
                                                                                 A Tier 1 (General) migrant allows a foreign national to work in the UK on an
Nationals from Romania and Bulgaria require an Accession Worker Card and a       employed or self employed basis. The foreign worker is self sponsored, and as
work permit before they can undertake UK employment.                             such is able to change UK employers at will, and without requiring further
                                                                                 sponsorship from any new employer.


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An interim cap of 600 applications per month on of Tier 1 (General)                Tier 2 (General) migrant visa and Certificate of Sponsorship
applications submitted from outside the UK was introduced by the UK government     In order to be able to issue certificates of sponsorship, a UK employer must first
in July 2010, with a view to a permanent cap being introduced in April 2011.       apply for a sponsorship licence, by completing an online application form and
                                                                                   submitting hardcopy application documentation to the UK Border Agency.
The UK government subsequently announced in late 2010 that the Tier 1
(General) immigration category is to close in April 2011. At the time of writ-     To sponsor a Tier 2 (General) migrant, the employer must advertise the role for
ing no details of an equivalent UK immigration category have been released.        four weeks to show that no resident worker within the EEA is able to do the
                                                                                   job. On the basis that the best candidate for the role is a non EEA national, the
Tier 2 (General) migrant visa and Certificate of Sponsorship                       employer then issues a Certificate of Sponsorship to a named foreign
A Certificate of Sponsorship is issued by a UK licensed employer and a             national to fill a specific role.
corresponding Tier 2 (General) migrant visa is applied for from the relevant
British diplomatic post overseas. The visa authorises a foreign national to work   The certificate of sponsorship is a virtual document, with a unique reference
in a specific job for a specified UK employer.                                     number, that the foreign national needs when applying for his or her visa.

In July 2010, the UK government introduced an interim cap on Tier 2 (General)      The foreign national must then apply for a visa from a British diplomatic post
applications, significantly reducing licensed sponsors’ ability to issue Tier 2    overseas. The visa application process is described above, and includes
(General) certificates of sponsorship, and removing the ability from new           completing an application form that is now available online in most countries,
sponsors to issue any certificates of sponsorship upon licence approval.           booking and attending an appointment to submit biometric data (a digital
Following consultation, a permanent cap will be introduced in April 2011.          photograph and finger scans) and submission of hard copy application
                                                                                   materials.
Tier 2 (Intra Company Transfer) migrant visa together with a Certificate
of Sponsorship                                                                     Tier 2 (Intra Company Transfer) migrant visa together with a certificate
                                                                                   of sponsorship
A Tier 2 (ICT) migrant visa is a streamlined category for employees being          As with the Tier 2 (General) category, the UK employer must apply for a
transferred from related overseas organisations.                                   sponsor licence to be able to assign a certificate of sponsorship to a Tier 2 (ICT)
                                                                                   migrant. However, the employer does not need to advertise the role in order
The category was sub-divided into three categories; Established Staff,             to assign a certificate of sponsorship to the named foreign national, to fill a
Graduate Trainees and Skills Transfer.                                             specific role. The applicant is however still required to complete an online visa
                                                                                   application, provide biometric information and thereafter submit original
Established staff require 12 months prior employment with a related overseas       supporting documentation.
organisation in order to qualify for the issue of a CoS. Graduate Trainees need
just 3 months prior employment with a related overseas organisation, whilst        5.1.2 Documents
those wishing to enter the UK under the Skills Transfer route can be new hires
without any employment history with the overseas organisation.                     Tier 1 (General) migrant visa
                                                                                   The required documentation includes:
5.1.1 Procedures
                                                                                   •   a current valid passport
Tier 1 (General) migrant visa                                                      •   two identical colour passport photographs
The application process involves completion of an application form that is now     •   original documentation evidencing qualifications
available online in most countries, booking and attending an appointment to        •   original documents evidencing previous earnings
submit biometric data (a digital photograph and finger scans) and submitting       •   bank statements showing that the foreign national has had at least
hard copy application materials.                                                       £2,800 in his or her account for the three months leading up to
                                                                                       submission of the visa application.


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Tier 2 (General) migrant visa together with a certificate of sponsorship        6. LAWFUL   STAY FOR DEPENDANTS
The UK licensed employer is required to maintain documentation justifying the
issue of a Certificate of Sponsorship to the foreign national. This normally    6.1 General
consists of copies of the foreign national’s qualifications, evidence of the    Several UK immigration categories, including Tier 1 (General), Tier 2 (General)
advertising process undertaken, and justification as to why the non EEA         and the ‘Established Staff’ subcategory of Tier 2 (Intra Company Transfer),
national is the best candidate for the role                                     allow dependants to accompany the main applicant to the UK and work there.
                                                                                Dependants include spouses, civil partners, unmarried partners (who have
The UK employer is also required to keep documentation such as wage slips       been living with the main applicant in a relationship akin to marriage for at
on file, during the course of the foreign national’s employment, as well as a   least two years), and children under 18 who are financially dependent on the
copy of the issued Certificate of Sponsorship.                                  main applicant and who have not started an independent family unit.

The required documents for the visa application include:                        6.2 Procedures
                                                                                Each dependant must complete a separate visa application, including
•   a valid passport                                                            completion of an application form that is now available online in most
•   two identical colour passport photographs                                   countries, booking and attending an appointment to submit biometric data (a
•   evidence of qualifications                                                  digital photograph and finger scans) and submission of hard copy application
•   bank statements showing that the foreign national has had £800 in his       materials.
    or her bank account for the three months leading up to submission of
    the application if the UK employer has not guaranteed to maintain and       6.3 Documents
    accommodate the foreign national in the UK for the first month.             The required documents include:

Tier 2 (Intra Company Transfer) migrant visa together with a certificate        •   a valid current passport
of sponsorship                                                                  •   two identical colour passport photographs
Documentation requirements are similar to those discussed above in relation     •   evidence of the relationship to the main applicant.
to Tier 2 (General). In addition, the following documentation is required:
                                                                                If the dependant is not applying for a visa at the same time as the main
•   evidence of employment with the overseas branch for a specified             foreign national, the dependant must also provide evidence of the main
    duration is required on file, where applicable, rather than evidence of     applicants UK visa.
    advertising the vacancy, before the UK employer assigns a certificate of
    sponsorship
•   the foreign national is also required to submit evidence of employment
    with the overseas branch for a specified duration, where applicable,
    with his or her visa application materials.

5.2 Special preference categories
Not applicable.

5.2.1 Procedures
Not applicable.

5.2.2 Documents
Not applicable.



    472                                                                                                                                                              473
1. INTRODUCTION                             477

2. SOURCES OF LAW                           477

3. VISITORS FOR BUSINESS PURPOSES           478

3.1 Visas                                   478
3.2 Permitted Activities                    478
3.3 Procedures                              478
3.4 Documents                               479

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   479

5. WORK PERMITS                             479

5.1 General
    5.1.1 Procedures
                                            479
                                            481
                                                           USA
    5.1.2 Documents                         482

5.2 Special Preference Categories           483
                                                  (and Puerto Rico)
    5.2.1 Procedures                        483
    5.2.2 Documents                         484

6. LAWFUL STAY FOR DEPENDANTS               484

6.1 General                                 484
6.2 Procedures                              485
6.3 Documents                               485
                                         Immigration - An International Handbook - USA




1. INTRODUCTION

Note that the immigration law of theUnited States of America applies equally
in the territory of Puerto Rico.

All foreign nationals, with the exception of US permanent residents, must
obtain authorisation from the US government in order to live and/or work in
the US. The federal government is exclusively authorised to regulate immigration.
Federal immigration laws cover a number of issues regarding the rights and
duties of foreign nationals in the US: defining an individual's immigration
status and immigration options, determining if a person is in the country
illegally, and controlling whether or not a foreign national can be deported.

In 2002, the Homeland Security Act eliminated the Immigration and
Naturalisation Service (‘INS’) and created the US Department of Homeland
Security (‘DHS’). The regulation and enforcement of immigration laws were
placed under three new agencies of the DHS:

•   US Customs and Border Protection (‘CBP’) – the CBP patrols the US
    borders and regulates the admission of people and goods into the US
•   US Immigration and Customs Enforcement (‘ICE’) – the ICE conducts
    investigations, prosecutions, detention, and deportation of non-citizens
•   US Citizenship and Immigration Services (‘CIS’) – the CIS provides various
    immigration benefits, such as processing applications for lawful permanent
    residence, asylum, and naturalisation.

Other US government agencies, which also play a role in the immigration
process, are the:

•   US Department of State (‘DOS’) – the DOS is responsible for pre-clearance
    (e.g. security) and issue of visas in US Consulates abroad (in the foreign
    national’s home country or country of residence)
•   US Department of Labour (‘DOL’) – the DOL is responsible for the
    protection of US workers and foreign workers, primarily through prevailing
    wage determinations and labour certification review.


2. SOURCES   OF LAW


The federal law that governs immigration is the Immigration and Nationality
Act (‘INA’). The INA establishes the basic structure of US immigration law,
including who may enter the US and under what terms and conditions they
may remain here.


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3. VISITORS   FOR BUSINESS PURPOSES                                                    specific US Consulate can be found at www.travel.state.gov. The method of
                                                                                       payment for the visa stamp and any visa reciprocity fees will vary depending
3.1 Visas                                                                              on the Consulate (details regarding fees can be found at
Other than citizens from certain countries under the Visa Waiver Program, all          www.travel.state.gov). After the interview, a visa stamp will be issued on the
foreign nationals require a visa to enter the US. If the foreign national will         passport and, depending on the Consulate, the passport will be available for
enter as a visitor for business or pleasure, he or she can apply for a visa with       retrieval or it will be delivered by courier.
the DOS’ consular posts in a foreign country.
                                                                                       3.4 Documents
Currently, the Visa Waiver Program allows citizens of 36 countries, traveling to       The foreign national should provide the following documents when applying
the US for business or tourism, to enter the US without obtaining a visa.              for a visa:
Generally, this admission is limited to no more than 90 days, and it does not
allow for extension of stay or change of status to another immigration                 •   a completed DS-160 form
classification. For a list of 36 countries, please visit www.travel.state.gov. In      •   one passport photograph
addition, foreign nationals from these 36 countries must register with the US          •   the original visa payment receipt (and any visa reciprocity fees)
Department of Homeland Security Customs and the Border Protection’s                    •   his or her original passport
Electronic System for Travel Authorisation, also called ‘ESTA’. Foreign nationals      •   evidence that shows the purpose of the trip, including but not limited to,
can register at www.esta.cbp.dhs.gov.                                                      a letter from the US organisation that is inviting him or her to the US, as
                                                                                           well as any conference registration
3.2 Permitted Activities                                                               •   evidence that shows that arrangements have been made to cover the costs
Generally, the most common activities include:                                             of the trip, such as a letter from his or her foreign employer, or bank
                                                                                           statements showing sufficient funds
•   attending business meetings                                                        •   evidence that shows intent to return to a foreign country after the trip,
•   attending training programmes                                                          including but not limited to, proof of assets in a foreign country,
•   attending conferences                                                                  employment, family ties and return ticket
•   providing after-sales technical assistance pursuant to a contract                  •   criminal records, if any.
•   negotiating contracts
•   participating in a specific project, for a short period of time.
                                                                                       4. WORKERS   WHO MAY NOT NEED WORK PERMIT
A detailed list of activities is available at www.travel.state.gov. Please note that
no business visitor can receive a salary or income from a US organisation or           All non-immigrant workers in the US need to be work-authorised. It is critical
entity.                                                                                to understand that if a particular non-immigrant work status is granted, it is
                                                                                       evidence of both authorisation to work, as well as authorisation to stay in the
3.3 Procedures                                                                         US. Therefore, there are no separate work and resident permits to reflect this
The foreign national should visit the website of the specific US Consulate             dual authorisation.
where he or she wishes to apply for the visa, as requirements and procedures
may vary. A complete list of the US Embassies and Consulates is available at
www.usembassy.gov.                                                                     5. WORK PERMITS

The foreign national should complete the visa form online and upload a                 5.1 General
digital photograph. After the successful completion of the visa form online,           The most common non-immigrant visa categories include H, L, E and TN
an appointment can be scheduled with the visa confirmation number that was             (North American Free Trade Agreement) visas, as discussed below.
issued. Information about how long it takes to obtain an appointment at a



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H-1B Non-immigrant Work Visa                                                            TN classification
The H-1B visa is for foreign nationals in ‘specialty occupations’ that normally         Under the provisions of the North American Free Trade Agreement (‘NAFTA’),
require the attainment of at least the equivalent of a bachelor degree from an          a citizen of Canada or Mexico may seek temporary entry into the US as a
accredited university in the US or its equivalent. This visa is valid for three years   business person, to engage in activities at a professional level. Only those
and is renewable for one additional three-year period (six years in total). The         professions specifically designated in the NAFTA treaty qualify (a list of
visa allows employment of the foreign national in the US, only by the employer          professions is available at www.nafta-sec-alena.org). The TN foreign national
who petitioned for the H-1B visa before the CIS. The foreign national must be           is admitted for an initial three-year period and there is no overall time limit on
paid the ‘prevailing wage’ for the position in the location where he or she is          the length of stay in TN status, but the foreign national must overcome, to the
employed. The H-1B non-immigrant enjoys unlimited entries to and departures             satisfaction of the consular officer, the presumption of law that every
from the US and there is no requirement to overcome, to the satisfaction of             non-immigrant is an intending immigrant. There is no limit to the number of
the consular officer, the presumption of law that every non-immigrant is an             visas issued in this category each year.
intending immigrant. The annual number of new H-1B visas issued is capped
at 65,000 (including 1,400 visas allotted to Chilean nationals and 5,400                A foreign national who wishes to stay indefinitely in the US and be employed
allotted to Singaporean nationals). All new visas become effective on 1                 for a period beyond that permitted in the non-immigrant classification must
October each year.                                                                      apply for US Permanent Resident (‘green card’) status. Prior to seeking
                                                                                        employment-based permanent residency, a foreign national should first
L-1 Non-Immigrant Work Visa                                                             determine whether they have any immediate family relationships with a US
The L-1 visa is for foreign nationals transferred to the US in an executive,            citizen or permanent resident (i.e. a family-based immigration alternative).
managerial, or ‘specialised knowledge’ position from an organisation abroad
having a parent-subsidiary or affiliate relationship to the organisation in the         5.1.1   Procedures
US. The foreign national must have worked abroad for the parent organisation
or affiliate for at least one continuous year in the three years immediately            Non-Immigrant Visas
preceding admission to the US. The duration is a maximum of five years (for             Except for the E and TN visa classifications, prior approval of a non-immigrant
specialised knowledge) or seven years (for managers or executives). The L-1             petition from CIS is required. Once the petition is approved by CIS, the foreign
non-immigrant enjoys unlimited entries to and departures from the US and                national applies for his or her visa at a US consular post, by appointment,
there is no requirement to overcome, to the satisfaction of the consular                preferably in his or her country of residence or birth. E non-immigrants do not
officer, the presumption of law that every non-immigrant is an intending                require prior approval by CIS, but must make a direct application for the E visa
immigrant. There is no limit to the number of visas issued in this category each        status to a US consular post. For TN non-immigrants from Canada, no prior
year.                                                                                   visa petition or CIS approval is required. A Canadian citizen may apply for
                                                                                        admission with a US Immigration Inspector at a port of entry in Canada. For
E-1/E-2 Non-Immigrant Work Visa                                                         TN non-immigrants from Mexico, no prior approval by CIS is required, but the
The E-1/E-2 visa is issued to a foreign national coming to the US pursuant to a         foreign national must make a direct application for TN visa status to a US
treaty between the US and his or her native country, in connection with a               consular post in Mexico.
substantial US trade or investment. This visa can be approved and issued by
the US Consulate in the foreign national’s country of residence. E-1/E-2                Immigrant Visas or Permanent Residency (Green Card)
non-immigrants are admitted to the US for a maximum period of two years                 The green card application process may be initiated at any time. Unlike certain
upon each entry. There is no overall time limit on the length of stay in E-1/E-2        other jurisdictions, there are no preconditions of prior residence in the US. It is,
status, but the foreign national must overcome, to the satisfaction of the              though, subject to annual quota limitations, which can create backlogs in
consular officer, the presumption of law that every non-immigrant is an                 processing, as there are usually more applications than immigrant visa
intending immigrant. There is no limit to the number of visas issued in this            numbers available. Applications for a green card based on a permanent
category each year.                                                                     employment opportunity in the US fall into two broad categories:




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•   Priority workers: the priority worker categories include three types of              •   information about his or her US employer
    individuals – individuals with extraordinary ability in the sciences, arts,          •   the US organisation’s business plan (if it is a new enterprise)
    education, business or athletics; outstanding professors or researchers; and         •   his or her resume
    select multinational executives and managers                                         •   a copy of his or her university diploma and degree transcripts, and other
•   Labour Certification (‘PERM’): PERM is required for the majority of                      academic documents
    employment categories including skilled or professional workers.                     •   a description of his or her job duties in the US
                                                                                         •   the salary offered
Petitions for priority workers are submitted to CIS and require the submission           •   a copy of his or her passport, including prior US visas
of evidence and testimonials, which chronicle the foreign national’s professional        •   criminal records, if any.
accomplishments or, in the case of multinational executives or managers,
evidence confirming the individual’s managerial employment for at least one              Except for E-1 and E-2 visa applications, all foreign documents must be in
year with an affiliated organisation abroad and his or her transfer to the               English or translated into English. Additional documentation may be required,
petitioning employer in a managerial capacity. An important characteristic of            specific to the visa category sought.
the priority worker category is that there is no requirement that the prospective
employer demonstrate that US workers are not available, through the process              Immigrant Visas or Permanent Residency (Green Card)
called PERM. This saves much time, effort, and cost in obtaining permanent               The documents required vary depending on the category in which the
resident status.                                                                         application is submitted. However, aside from the evidence demonstrating the
                                                                                         foreign national’s professional qualifications and employment history, he or she
Where PERM is required, petitioning employers are required to submit their               is required to submit certain biographical and personal documents. These
evidence of recruitment in support of the PERM to the DOL. If the DOL is                 include:
satisfied with the results, it will issue certification, which permits the petitioning
employer and foreign national to then submit an application for a green card             •   a full copy of his or her passport and that of any accompanying family
to CIS. Where PERM is required, the burden is on the employer to prove                       members
through competitive recruitment efforts that there is no able, willing, and              •   a certified copy of his or her birth certificate and of any accompanying
qualified US worker available for the position.                                              family members
                                                                                         •   a certified copy of the marriage certificate, if he or she will be
Applications for US permanent residence may take between 18 and 24                           accompanied by a spouse
months to over eight years, depending on the immigrant visa category. It is              •   copies of all his or her prior CIS issued approval notices and those of any
important to note that the submission of an application for US permanent                     accompanying family members
residence does not, in and of itself, provide immediate employment benefits.             •   medical exam results by a physician approved by the CIS
Foreign nationals must ensure that they have a temporary non-immigrant                   •   six passport-style photographs
status, which will provide employment authorisation during the course of
permanent residence processing.                                                          5.2 Special preference categories
                                                                                         Each of the most common non-immigrant visa categories mentioned above
5.1.2 Documents                                                                          may have additional documentation requirements to those described. These
                                                                                         additional requirements are set out in section 5.2.2 below.
Non-Immigrant Visas
The foreign national should provide the following documentation when                     5.2.1 Procedures
applying for a non-immigrant visa:                                                       There are no special procedures, besides those indicated above.




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5.2.2 Documents                                                                    6.2 Procedures
The foreign national should provide the following additional documents for
each of the visa categories listed:                                                Non-Immigrant Visas
                                                                                   The processing of dependants’ non-immigrant visas is similar to that of the
L-1 visa application                                                               principal foreign national. Dependants, however, can only obtain dependant
                                                                                   status contemporaneously, or after the principal foreign national has obtained
•   a US organisational chart (with current and projected personnel)               his or her non-immigrant status. Dependants of non-immigrant foreign
•   a description of his or her job duties in the US                               nationals are free to live, study and travel for the duration of the principal
•   12 continuous months’ worth of payslips for the foreign national from          foreign national’s non-immigrant status. In addition, there is a special provision
    the foreign organisation                                                       in the law where spouses of L and E non-immigrant workers may obtain an
•   a copy of stock certificates or other official documentation evidencing        employment authorisation card so they can work for any employer.
    the qualifying relationship between the petitioner (stating the organization
    name) and the foreign entity                                                   Immigrant Visas or Permanent Residency (Green Card)
•   information and documentation relating to the foreign organisation,            The processing of dependants’ immigrant visas is similar to that of the
    such as an organisational chart, invoices, bills, photographs, yellow          principal foreign national. Dependants, however, can only obtain dependant
    pages advertisements and brochures, to show that it is an operating            status contemporaneously, or after the principal foreign national obtained his
    enterprise.                                                                    or her immigrant status.

E-1 visa application                                                               6.3 Documents
                                                                                   The following documents must be submitted when applying for dependants’
•   proof of treaty country ownership and controlling interest in the enterprise   non-immigrant visas:
•   evidence that trade is principally between the US and the treaty country.
    US Customs invoices and/or purchase receipts may be submitted                  •   a copy of the marriage certificate
•   evidence of substantial trade (i.e. shipping invoices and bills of lading      •   a copy of the birth certificate for a child
    of any trade to date).                                                         •   a copy of the dependant’s passport, including prior US visas
                                                                                   •   criminal records, if any.
E-2 visa application
                                                                                   All foreign documents must be in English or translated into English.
•   proof of treaty country ownership and controlling interest in the enterprise
•   proof that the investment is substantial
•   proof that the investment is not marginal.


6. LAWFUL     STAY FOR DEPENDANTS


6.1 General
A ‘dependant’ is defined as a spouse or children under 21 years of age.




    484                                                                                                                                                           485
1. INTRODUCTION                             489

2. SOURCES OF LAW                           489

3. VISITORS FOR BUSINESS PURPOSES           489

3.1 Visas                                   489
3.2 Permitted Activities                    489
3.3 Procedures                              490
3.4 Documents                               490

4. WORKERS WHO MAY NOT NEED A WORK PERMIT   492

4.1 General                                 492
4.2 Procedures                              492
4.3 Documents

5. WORK PERMITS
                                            493

                                            494
                                                  Venezuela
5.1 General                                 494
    5.1.1 Procedures                        494
    5.1.2 Documents                         494

5.2 Special Preference Categories           495
    5.2.1 Procedures                        495
    5.2.2 Documents                         495

6. LAWFUL STAY FOR DEPENDANTS               496

6.1 General                                 496
6.2 Procedures                              496
6.3 Documents                               496
                                      Immigration - An International Handbook - VENEZUELA




1. INTRODUCTION

At present, unemployment levels in Venezuela are continuing to rise. This has
prompted the authorities to become stricter in ensuring compliance with the
requirements for the approval of visas. In recent years, in an effort to adapt the
Venezuelan immigration and naturalisation system to current social and
economic needs, the government initiated a series of changes to the provisions
applicable in the area of immigration, many of which originally dated from the
1930s.

The Foreigners’ Status and Migration Law regulates immigration into
Venezuela. This law has been in force since November 2004 and has made
substantial changes to the previous legislation that regulated this area.
However, to date, certain aspects of this law have not been enacted. In
particular, all matters related to the types of visa that may be issued, and the
requirements and procedures to obtain visas, remain regulated by the Rules of
Procedure for the Issue of Visas, 2000.


2. SOURCES    OF LAW


The main source of law governing immigration in Venezuela is the Foreigners’
Status and Migration Law, 2004 and the Rules of Procedure for the Issue of
Visas, 2000.


3. VISITORS   FOR BUSINESS PURPOSES


3.1 Visas
The following individuals all require a visa in order to enter Venezuela:
merchants, executives, representatives of organisations or industries and
micro-enterprises, as well as non-immigrants who enter Venezuela to engage
in commercial, mercantile or financial transactions, or other lucrative legal
activities related to their businesses.

3.2 Permitted Activities
Commercial, mercantile, financial transactions and other lucrative legal
activities related to the business of the visa holder are permitted.




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3.3 Procedures                                                                      •   two full-face passport sized photographs.

Business Visa                                                                       The consular official will interview the foreign national to check the veracity of
The application for a business visa can be made by the foreign national, or by      the information provided.
the organisation for which he or she is required to travel. The application
should be made through the consular sections of Venezuelan embassies or             Non-Resident Investor Visa
consular offices abroad.                                                            Foreign nationals who wish to apply for a non-resident investor visa must
                                                                                    submit the following supporting documents to the proper authorities:
Non-Resident Investor Visa
After approval of the application by the local immigration authority                •   a passport issued by the corresponding authority in their country of citizen
(‘ServicioAdministrativo de IdentificaciónMigración y Extranjería’ – ‘SAIME’),          ship, valid for a minimum of six months from the date of the visa
the foreign national must apply to the consular sections of Venezuelan                  application
embassies or consular offices abroad.                                               •   a letter from the organisation, indicating the position the foreign national
                                                                                        is to hold, the reason for his or her trip and the length of stay in Venezuela
Non-resident Entrepreneur/Industrialist Visa                                        •   two full-face passport sized photographs
The application for this type of visa is made by the foreign national to the        •   the following supporting documents might also be requested: the
consular sections of Venezuelan embassies and consular offices abroad,                  organisation’s commercial registration certificate and its latest income tax
indicating the reason for the trip and the contacts to be made in Venezuela.            returns and bank statements; the name and address of the organisation or
                                                                                        person to be contacted in Venezuela; and a notarised document
3.4 Documents                                                                           confirming that the investment has been accepted by the official
                                                                                        Venezuelan bodies.
Business Visa
All foreign nationals who wish to apply for a business visa must submit the         The consular official will interview the foreign national to check the veracity of
following supporting documents:                                                     the information provided.

•   a passport issued by the corresponding authority in their country of            Non-Resident Entrepreneur/Industrialist Visa
    citizenship, valid for a minimum of six months from the date of the visa        Foreign nationals who wish to apply for a non-resident entrepreneur/industrialist
    application                                                                     visa must submit the following documents to the competent authorities:
•   an original letter from the organisation, written on letterheaded paper,
    specifying the following: the foreign national’s position; the purpose of the   •   a passport issued by the corresponding authority in their country of
    trip; the name and address of the organisation or person to be contacted            citizenship, valid for at least six months from the date of the visa
    in Venezuela; the length of the foreign national’s stay in Venezuela; and           application
    the name of the organisation that will pay his or her expenses while in         •   two full-face passport sized photographs
    Venezuela                                                                       •   an original letter from the organisation, on letterheaded paper, specifying
•   a certified copy of the articles of incorporation of the organisation or the        the following: the position the foreign national will hold; the purpose of
    employer’s certificate of good standing. If the foreign national is the owner       his or her trip; the name and address of the organisation or person to be
    of the organisation or enterprise, he or she must show documents that               contacted in Venezuela; the length of the foreign national’s stay in
    prove it                                                                            Venezuela; and the name of the organisation that will pay the foreign
•   a photocopy of the foreign national’s round trip ticket or itinerary                national’s expenses while in Venezuela
•   any of the following supporting documents might also be required: the           •   a certified copy of the articles of incorporation of the organisation, or an
    commercial registration certificate of the organisation, a letter from the          employer’s certificate of good standing
    chamber or association of commerce or industry, or any other supporting         •   business ownership documents
    document at the discretion of the consular official                             •   a copy of the foreign national’s round trip ticket or itinerary.


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4. WORKERS    WHO MAY NOT NEED WORK PERMIT                                           Non-Resident Religious Visa
                                                                                     After approving the application to the SAIME, the foreign national must visit
4.1 General                                                                          the consular section of the relevant Venezuela embassy or consular office
Every foreign national who enters Venezuela with the intention to work in it,        abroad.
requires both a work permit and a work visa. However, under current
legislation a work permit is not required for the following groups of people:        4.3 Documents

•   scientists, professionals, technicians, experts and specialised personnel        Non-Resident Student Visa
    who enter Venezuela to provide advice or training, or to perform                 Foreign students who wish to apply for this visa must submit the following
    temporary employment related activities, for a maximum period of 90 days         supporting documents to the competent authorities:
•   technicians and professionals invited by public and private entities for
    academic, scientific or investigation activities, for a maximum period of 90     •   a letter of acceptance from the school or institution where they are going
    days                                                                                 to study or to perform internships in their specialist field
•   those who enter Venezuela to perform activities under cooperation and            •   a notarised affidavit or letter of support from the guardian, parents or
    technical assistance agreements                                                      institution that is providing the scholarship
•   foreign press correspondents duly accredited to perform information              •   academic diplomas and/or certificates (originals)
    activities                                                                       •   a passport valid for at least six months from the date of the visa
•   members of international scientific missions who will perform                        application
    investigations in Venezuelan territory, duly authorised by the government.       •   two full-face passport sized photographs
                                                                                     •   a medical health certificate confirming their state of health, based on the
In addition, under current legislation, the following special visas exist, and a         results of a chest x-ray and a blood test
work permit is not required by those entering under them:                            •   a notarised affidavit, stating that they are not going to work during their
                                                                                         stay in Venezuela with this kind of visa
Non-Resident Student Visa                                                            •   a criminal record check certificate.
A non-resident student visa is issued to non-immigrants who wish to enter
Venezuela to undertake advanced technical, university or specialised studies,        Requirements for obtaining a Non-Resident Religious Visa
or for traineeships in their specialty.                                              A foreign national who wishes to apply for this visa must submit the following
                                                                                     supporting documents to the proper authorities:
Non-Resident Religious Visa
A non-resident religious visa is issued to representatives of any religion who are   •   a passport, valid for at least six months from the date of the visa
not immigrants and who enter Venezuela to engage in religious activities, but            application
not tourist activities.                                                              •   two full-face passport sized photograhs
                                                                                     •   a letter from the church that is requesting the visa, indicating the
4.2 Procedures                                                                           following: the foreign national’s full name, place and date of birth,
                                                                                         passport number (including the date of issue and expiry), his or her religion
Non-Resident Student Visa                                                                and address in Venezuela
After approval of the application by the SAIME, the foreign national must visit      •   an original bank reference letter (not a bank statement) specifying the
the consular section of the relevant Venezuelan embassy or consular office               following: the opening date of the account; the number and type of
abroad.                                                                                  account; and the current balance
                                                                                     •   a photocopy of his or her round trip ticket or itinerary
                                                                                     •   authorisation from the immigration department in Venezuela (SAIME).




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5. WORK PERMITS                                                                     •   two full-face passport sized photographs
                                                                                    •   a medical health certificate
5.1 General                                                                         •   a criminal record check certificate
Work permits are granted by the Ministry of Labour to non-immigrants who            •   the completed application forms.
are hired or transferred to Venezuela by organisations incorporated or
domiciled there. It is a requirement for non-immigrants to obtain a                 The hiring organisation must submit certain documents as evidence of its
non-resident work visa.                                                             compliance with Venezuelan labour obligations, such as:

The work permit, along with the non-resident work visa, allows the bearer           •   an employment declaration form (hours worked and salary paid), relating
multiple entries into Venezuela, with a maximum length of stay of one year.             to the last quarter, and filed with the Ministry of Labour
                                                                                    •   evidence of the registration of the company at the National Employment
The Ministry of Labour may extend the work permit for additional periods of             Service (‘ServicioNacional de Empleo’)
one year.                                                                           •   evidence of payment of Social Security and InstitutoNacional de
                                                                                        Capacitación y EducaciónSocialista (INCES)
5.1.1 Procedures                                                                    •   the articles of incorporation and bylaws
The work permit is obtained at the Labour Immigration Office in Venezuela.          •   a letter of intention on letterheaded paper, with the organisation’s rubber
The process of obtaining a work permit can take up to six weeks, even though            stamp. This letter should explain and describe in detail the reasons for
legislation sets out shorter timeframes.                                                hiring the foreign national and the activities that he or she will perform in
                                                                                        Venezuela.
5.1.2 Documents
Usually, the documents required by law are needed to prove that the foreign         Every foreign national, who enters Venezuela with the intention to remain
national qualifies for a specific type of visa and as supporting evidence of the    requires a residence visa. If a foreign national has been in Venezuela on a
employer organisation that sponsors the visa. However, the Venezuelan               non-resident work visa for more than five years, and entered and stayed
officials have the discretion to request additional documentation from the          legally for a minimum of two continuous years, he or she may apply for a
foreign national or the employer organisation to support the visa application.      permanent residence visa, which will be issued for five years with the option
                                                                                    to renew it indefinitely.
Nevertheless, in all cases the foreign national must provide:
                                                                                    5.2 Special preference categories
•   a copy of all the pages of his or her passport, in order to prove that he or    Venezuelan legislation does not provide for special preference categories.
    she is not in Venezuela while the visa is being obtained. The passport must
    be valid for a minimum of six months from the date of the visa application      5.2.1 Procedures
•   a CV (in Spanish)                                                               Not applicable.
•   academic certificates or diplomas, which prove the profession and
    specialist field(s), for which the visa is requested (legalised before the      5.2.2 Documents
    respective Venezuelan Consulate or apostilled)                                  Not applicable.
•   a job offer from the hiring organisation, duly notarised before Venezuelan
    authorities, including a clause that states that the organisation will co