In this look around the globe from an immigration perspective, find the latest news on a slew of changes that impact immigration in the United Arab Emirates, good news from Ireland announcing that they are relaxing rules for foreign nationals on atypical work permits, Australia extending its relaxation of a 6-month working limit, and more.
But first, we start with this month’s WReview and WR Updates:
WReview: Getting Your Global Immigration Program in Order in 2023
Do you feel like you are always one step behind when it comes to knowing whose visa or permit will need to be extended, when, and who will be handling it? Do you worry that your immigration files are not as neatly ordered as you would like if you had to respond to a government audit? Are you overwhelmed by employee questions about visas, permits and international travel? If so, it may be time to get your global immigration program in order in 2023!
Identifying where to start when you already have too many items on your to do list. When guiding clients on consolidating their immigration programs we often find the following order of things to be most helpful:
Step 1 – Identify the scope of your program
What countries do you have offices in that may be employing foreign nationals? Are there other countries where you have clients or other factors that lead to your employees needing to travel there? Make a list of the locations your program needs to include.
Step 2 – Identify a key contact in each location
For each country you listed in Step 1, identify a key contact there who can help you to understand the scope of the immigration needs there and ideally serve as your advocate and eyes and ears on the ground. It may be helpful to start by identifying and building a relationship with this person before making an ask for assistance. Keep in mind that cultural barriers and fear over loss of control of their local immigration needs can otherwise make local contacts hesitant to cooperate.
Step 3 – Gather data
Work with your exiting technology resources and your key contacts to gather data on the current immigration population. Is your entity in that country employing foreign nationals? Are they able to provide a list with the type of immigration status each person holds and the relevant expiry date of that status? Do they also have regular business travelers visiting their facilities? If so, how are they obtaining visas for them. Gather as much data as you are able to as it will help you to make informed decisions on the structure of your program going forward. It can be helpful to reassure your key contacts that changes to the program will not be made without their input and buy-in.
Step 4 – Implement a central recordkeeping system
Decide on a method for keeping track of the data on your immigration population so that you can avoid last minute immigration emergencies when there is a visa expiring or a government audit. Although simple shared spreadsheets can work for small programs, we recommend seeking a solution that allows your key contacts access to view and update the data for their location, so that you do not have to do it all yourself. There are a number of immigration management software systems available to companies directly, so that is one option. However, if you work with an immigration firm, they will often have a system available to you for no charge – be sure to ask what they can do for you and leverage the resources they can provide. At WR Immigration we have WRapid™, a centralized, cloud-based technology and Enterprise Resource Planning solutions software for business immigration, that is available to all of our clients free of charge.
Step 5 – Develop a compliance and immigration management plan
In tandem with identifying a recordkeeping and compliance system, develop and document a plan for who will be responsible for which tasks in your immigration program. Some components you may wish to include are:
- Right to work – Who will be responsible for right to work checks in each location?
- Initial applications – Who will take the lead on coordinating the necessary parties to obtain a work visa or permit for a foreign national in each location? Where permitted by law, will they handle this in house or with the assistance of outside counsel?
- Expiries and renewals – Who will keep track of the expiries and initiate renewal applications in each location?
- Data entry and audit – Who will enter information in your recordkeeping system and when will it be entered? Will there be a mechanism for periodically auditing the data to ensure it is accurate and up-to-date?
The process of getting your global immigration program in order can be daunting, but breaking it into manageable steps and locations can go a long way towards overcoming the inertia that can set in when faced with a major undertaking. Seeking the help you need to accomplish each step is also crucial; we find the entire process is much smoother when you can identify key contacts to support you with it. Last but not least, remember to leverage the resources you have to help you externally in the form of a trusted immigration firm. WR regularly collaborates with existing and new clients to help guide them through the process of organizing and streamlining their global immigration programs, offering not just legal counsel but practical guidance and technology resources to make our clients’ lives easier. If we can help you get your global immigration program in order in 2023 please don’t hesitate to let us know!
WR Updates
Did you know that WRapid™, our centralized, cloud-based technology and Enterprise Resource Planning solutions software for business immigration, can help you with your global cases as well as your US matters? WRapid™ allows you 24/7 access to initiate new cases, view the status of existing cases, upload documents and information, track expiries, report on costs, and much more. If you are not yet using WRapid™ for global and would like a demonstration of the features, please get in touch with us.
UAE: Major Changes to Start 2023
The United Arab Emirates (UAE) has started the year off with a slew of changes that impact immigration. Most significantly, the government now requires that all employment contracts be issued on a limited term basis, not exceeding three years in duration. This is being applied retroactively, meaning that employers must update their contracts not just going forward but for current employees as well.
The government has discontinued issuance of 90-day visitor/tourist visas, instead such visas will now be issued in either 30 or 60 day durations and must be obtained outside the UAE as the facility for in-country applications has been suspended until further notice.
Finally, the Dubai Multi Commodities Centre (DMCC) free zone, has begun requiring that employee wages be paid through the Wage Protection System (WPS) rather than directly. Failure to do so could result in fines and blocks to the employer’s DMCC account.
Ireland: Relaxation of Rules for Atypical Permits
In good news, Ireland has made changes to its Atypical Working Scheme that allows foreign nationals to work in Ireland on a short-term basis for up to 90 days. Previously, the clock began to run on the 90 days allowed on an atypical permit as soon as the foreign national entered Ireland and did not stop when they exited. Now the government will allow atypical permit holders to spread their 90 days of work authorization over a 6 month period, during which the clock stops when they travel out of Ireland.
In addition, atypical permit holders will be able to apply for a subsequent permit after spending only one month outside Ireland in a so called “cooling off period.” This is a significant improvement over the previous 12 month cooling off period. However, atypical permit holders will now be required to meet a salary threshold in line with the requirement for the General Employment Permit, which is currently set at EUR 30,000.
Australia: Relaxation of 6-Month Limit for Working Holiday Visa Holders
Australia has extended the relaxation of the usual 6-month work limitation for those holding working holiday visas that was initially introduced in January 2022 through June 30, 2023. Working holiday visa holders are normally only allowed to work for a particular employer for up to six months total. This relaxation means that the 6-month clock on working holiday visa holders will only start to run again from July 1, 2023, with time working for an employer prior to that date not counting against the 6-month allotment. Note that this relaxation does not change the requirement that the visa holder’s visa must continue to be valid throughout their period of employment.
China: Suspension of Multi-Year Tourist and Business Visas Continues
Despite growing calls for China to lift its suspension of multi-year tourist and business visas issued prior to the COVID-19 pandemic now that other restrictions on travel have been lifted, Beijing has reaffirmed its decision to maintain the suspension for the foreseeable future. This means that those visiting China for business or tourism will continue to have to apply for new visas in order to travel, even if their pre-COVID visas would otherwise still be valid. This particularly impacts US citizens, who are routinely granted 10-year business visas.
