JAPAN: New Residency Management System

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Effective July 9, 2012, there will be a new Residency Management System for all foreign nationals residing in Japan. Consequently, the existing Alien Registration Card (ARC) will be replaced by a new Resident Card, which will serve as a form of identification for those foreigners working and living in Japan for more than 90 days. The Resident Card will be issued upon arrival at the four major international airports in Japan: Chubu, Haneda, Kansai and Narita. Those travelers entering through other airports will receive their Resident Card in the mail after they arrive in Japan.

The new program will reduce the minimum period of stay from one year to three months and extend the maximum period of stay from three years to five years. Those Resident Card holders traveling abroad while in Japan will no longer need to obtain a re-entry permit as long as they return within one year. Currently, a re-entry permit is required for any travel outside of Japan.

Foreign nationals currently holding valid ARCs that expire on or after July 8, 2015 must obtain the new Resident Card, but can do so anytime before that date. All others can continue using their current ARCs until expiration and obtain the Resident Card at the time of renewal.

from Pearl Law Group Global Immigration NewsFlash

JAPAN: New Resident Card Effective July 9

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A new Resident Card will be issued under the new Residency Management System effective July 9, 2012.

Effective July 9, 2012, there will be a new Residency Management System for all foreign nationals residing in Japan. Consequently, the existing Alien Registration Card (ARC) will be replaced by a new Resident Card, which will serve as a form of identification for foreigners working and living in Japan for more than 90 days. The Resident Card will be issued upon arrival at any of the four major international airports in Japan: Chubu, Haneda, Kansai, and Narita. Travelers entering through other airports will receive their Resident Card in the mail after they arrive in Japan.

The new program will reduce the minimum period of stay from one year to three months and extend the maximum period of stay from three years to five years. Resident Card holders travelling abroad while in Japan will no longer need to obtain a re-entry permit as long as they return within one year. Currently, a re-entry permit is required for any travel outside of Japan.

Foreign nationals currently holding valid ARCs that expire on or after July 8, 2015, must obtain the new Resident Card, but may do so anytime before that date. All others may continue using their current ARCs until expiration and obtain the Resident Card at the time of renewal.

AUSTRALIA: Reforms to Permanent Entry Employer-Nominated Program Introduced on July 1

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The Australian government has announced reforms to the permanent entry employer-nominated visa program to be introduced on July 1, 2012.

Key reforms include:

  • removing the existing distinction between applications with respect to whether they are made by applicants who are in or out of Australia
  • replacing the current requirement of paying nominated permanent resident applicants at least the Minimum Salary Level (MSL) of $67,556 for IT-related occupations and $49,330 for other occupations with the need to pay the market salary
  • raising the upper age limit to less than 50 years; exceptions will apply for certain occupations and persons working in Australia for more than four years who were paid more than A$118,100 as of July 1, 2011
  • increasing the English-language IELTS test result to 6 for all applicants except those already in Australia and working for their nominating employer for the last two years; exceptions will apply for certain occupations, and nationals of five English-speaking countries (United Kingdom, United States, Canada, Ireland, and New Zealand)
  • introducing a single consolidated nominated occupation list (NOL) to replace the current sponsored employee 457 occupation list, the Employer Nomination Skilled Occupation List, and the State and Territory Sponsored Occupation List
  • integrating the permanent employer nominated visas with the skilled independent migrant selection model SkillSelect to be launched on July 1, 2012. Intending migrants who complete an Expression of Interest in migrating to Australia in SkillSelect can also indicate whether they are prepared to be sponsored for temporary residence or nominated for permanent residence by an employer.

INDIA: Extended Tourist Visa on Arrival Policy

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The Ministry of External Affairs (“MEA”) in India has extended the Tourist Visa on Arrival policy to residents of France, Germany and Russia. India currently issues Visa on Arrival to 11 countries namely Japan, Indonesia, the Philippines, Cambodia, Laos, Vietnam, Singapore, Myanmar, Finland, Luxembourg and New Zealand. After the MEA’s nod, the proposal has been sent to the Union home ministry as the final tourist visa on arrival clearing authority is its Bureau of Immigration.

Read more in the Economic Times article, “Visa on Arrival List Expanded to Woo Tourists”.

GERMANY: Immigration Documents Going Electronic

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The conventional residence permit, the residence card and permanent residence card, and the replacement ID in paper form are being replaced by the electronic residence permit, which will be granted in a credit card-style format.

Since September 1, 2011, applicants for a German electronic residence permit (elektronischer Aufenthaltstitel or eTA) must attend an in-person meeting at the foreigner’s office (together with any family members). Fingerprints and biometric photographs will be taken. The conventional residence permit (adhesive label), the residence card and permanent residence card, and the replacement ID in paper form are being replaced by the electronic residence permit, which will be granted in a credit card-style format.

The electronic residence permit is equipped with a contact-free chip inside the card on which biometric features (photograph and two fingerprints), ancillary conditions (special requirements), and personal data are saved. In addition, the chip is capable of being used as an electronic identity document and qualified electronic signature. The photograph is saved on the body of the card and on the chip. Two fingerprints will also be saved on the chip for all residents of non-member states age 6 and up. For that reason, it is necessary to appear in person for the application.

Only official entities (such as the police of aliens authorities) are authorized to access the photograph and fingerprints. Ancillary conditions are saved on the chip and on a unique supplementary sheet that comes with the electronic residence permit.

Authorized service providers such as banks and official authorities may offer electronic services in which the holder identifies himself or herself electronically using the electronic residence permit. This simplifies the process of such activities as logging into Internet portals, filling out forms, and verifying one’s age on the Internet or at machines. Only providers who possess state authorization will receive access to the holder’s data. In addition, the holder must confirm the transfer of his or her personal data with a six-digit PIN number. The service providers are not able to read the biometric features when using the online identification function.

The electronic residence permit can also save a certificate with a qualified electronic signature. This provides electronic residence permit holders with the option of signing legally effective digital documents if desired.

The permits are not produced by the foreigner’s offices and must be picked up. However, there is no need for the applicant to appear in person and it is possible to grant a power of attorney to allow another person to pick up the permit.

Finally, any permit that was granted before September 1, 2011, will remain valid until no later than April 30, 2021.

AUSTRALIA: Caution When Dismissing Sponsored Employees

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Sponsors should be cautious when considering dismissal of 457 visa holders. As with their Australian counterparts, 457 visa holders have access to employment remedies under the Fair Work Act. Even where a sponsored employee’s employment is terminated under an employment agreement, the dismissal may still be held to be harsh, unjust, or unreasonable. Under Australian immigration law, when a sponsored employee’s employment is terminated, he or she has just 28 days to regularize visa status or leave Australia.

If sponsors fail to comply with relevant workplace law, Fair Work Australia may order one of two sanctions: compensation or reinstatement. This could also affect the sponsor’s continued ability to sponsor expatriates.

When determining whether a dismissal is harsh, unjust, or unreasonable, Fair Work Australia takes into account, among other factors, whether:

  • there was a valid reason for the dismissal;
  • the person was notified of the reason;
  • the person was given an opportunity to respond to any reason related to his or her capacity or conduct; and
  • the person received a warning about unsatisfactory performance before the dismissal.

In Webster v Mercury Colleges Pty. Ltd., Fair Work Australia held that termination of a sponsored teacher was unfair because of the serious financial consequences to the teacher and the social dislocation that was inevitable as a result of his summary dismissal.

In Richard Patemella v Electroboard Solutions Pty. Ltd., the tribunal held that the dismissal was harsh because the employee was not given any warning that his employment was at risk, limiting his opportunity to mitigate his job loss and, as a result, his ability to remain in Australia.

The Fair Work Act requires employees in Australia, including sponsored visa holders, to lodge an unfair dismissal claim with Fair Work Australia within 14 days of their dismissal unless the tribunal is satisfied that there are exceptional circumstances for the delay. The recent decision in Usman Ali v Industries Services Training Pty. Ltd. held that the potentially severe impact on a 457 visa holder of losing his job constituted exceptional circumstances justifying a one-day delay in lodging an unfair dismissal claim.

GERMANY: Institutes New Requirements for Electronic Travel Permit

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Since September 1, 2011, applicants for a German electronic residence permit (elektronischer Aufenthaltstitel or eTA) must attend an in-person meeting at the foreigner’s office (together with any family members). Fingerprints and biometric photographs will be taken. The conventional residence permit (adhesive label), the residence card and permanent residence card, and the replacement ID in paper form are being replaced by the electronic residence permit, which will be granted in a credit card-style format.

The electronic residence permit is equipped with a contact-free chip inside the card on which biometric features (photograph and two fingerprints), ancillary conditions (special requirements), and personal data are saved. In addition, the chip is capable of being used as an electronic identity document and qualified electronic signature. The photograph is saved on the body of the card and on the chip. Two fingerprints will also be saved on the chip for all residents of non-member states age 6 and up. For that reason, it is necessary to appear in person for the application.

Only official entities (such as the police of aliens authorities) are authorized to access the photograph and fingerprints. Ancillary conditions are saved on the chip and on a unique supplementary sheet that comes with the electronic residence permit.

Authorized service providers such as banks and official authorities may offer electronic services in which the holder identifies himself or herself electronically using the electronic residence permit. This simplifies the process of such activities as logging into Internet portals, filling out forms, and verifying one’s age on the Internet or at machines. Only providers who possess state authorization will receive access to the holder’s data. In addition, the holder must confirm the transfer of his or her personal data with a six-digit PIN number. The service providers are not able to read the biometric features when using the online identification function.

The electronic residence permit can also save a certificate with a qualified electronic signature. This provides electronic residence permit holders with the option of signing legally effective digital documents if desired.

The permits are not produced by the foreigner’s offices and must be picked up. However, there is no need for the applicant to appear in person and it is possible to grant a power of attorney to allow another person to pick up the permit.

Finally, any permit that was granted before September 1, 2011, will remain valid until no later than April 30, 2021.

PERU: Clarification in Scope of Some Peruvian Immigration Rules

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Changes do not occur often in Peruvian immigration law. Recently, however, a few notable changes took place.

One change concerns the modification of articles 358 to 378 of the Peruvian Consular Rules that was approved by Supreme Decree No. 091-2011-RE at the end of July 2011, in coordination with amendments to the Peruvian Aliens Law passed in June 2008. The amendments established that within the powers the Aliens Law grants to the Ministry of Foreign Relations, regardless of the migration status and the type of visa that may be granted by a consular officer abroad, is the responsibility and ultimate power of the consular officers to grant or deny visas to be stamped in passports or foreign travel documents, except for the migration status referred to in article 361 (diplomatic, consular, official, voluntary worker, and exchange visitor migration status). Likewise, the consular officer must verify that the beneficiary of the visa meets the necessary requirements to be granted the visa, and may conduct a personal interview if needed, comparing the information obtained with the information requested and applying the pertinent principles of discretion.

On the other hand, with respect to temporary tourist or business visas, a measure was ratified to provide that the term of stay in Peruvian territory is up to 183 days, non-extendable in-country, and that the term of validity of these types of visas is 12 months. This term is calculated from the date of issuance by the consular office.

The remainder of temporary and resident visas may be used within their term, which is six months from the date of issuance by the consular office.

A second change is that the Peruvian Immigration Authority (DIGEMIN offices), through an Internal Directive, is requesting that for all cases filed by Colombian, Venezuelan, and Mexican citizens – whether to obtain a visa at the Peruvian consulate abroad or to change status in-country – applicants must submit a resume indicating, among other things, their personal data, professional training, occupation, labor experience, personal references, address in Peru, and address abroad. The Internal Directive also includes case files that are not yet subject to approval (currently ongoing proceedings).

UNITED KINGDOM: Biometric Residence Permits for All Migrants To Be Rolled Out

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The Home Office will shortly roll out Biometric Residence Permits (BRP) (otherwise known as BID) for all visa applicants applying to enter the UK from overseas. The BRP is a plastic card with details on the applicant’s visa type and visa validity dates. There will be a phased introduction once Parliament has approved the legislation and an upgraded visa application system has been introduced. Pakistan has been proposed as the first country to receive the new permits.

There are no confirmed dates, but the Home Office has indicated that the first roll-out should occur in March, followed by a second roll-out in India, China, and 32 other countries in April, and a roll-out in the United States at the end of May. All remaining countries will implement the new process at the end of July.

Detailed guidance on the new process is expected imminently. The following is an overview:

  • All applicants applying overseas for a visa of more than six months’ duration will receive a notification letter with details on where to obtain the BRP once they arrive in the UK.
  • To enter the UK, applicants will be issued a 30-day short-term travel visa vignette in their passport, which will be valid from their intended date of travel to the UK. If the applicant’s intended travel date is delayed after he or she has submitted a visa application, the applicant may need to apply for a further 30-day travel visa at a cost of £109. This may take up to 15 days to be issued.
  • Within 10 days after arriving in the UK, applicants must go to their nearest designated post offices with their passports to collect their BRPs. The post office selected will be based on the UK address that the applicant has included on the visa application (this can be a work address).

People applying for visas from within the UK will already be familiar with the process, although for these applicants the BRPs are mailed to the applicant or his or her nominated legal representative. With the roll-out of the new process for those applying from overseas, there are no plans for legal representatives to be able to collect the BRP from the post office on behalf of the applicant or be sent the BRP by mail. However, a nominated third party, approved by the Home Office, may collect the BRP on behalf of the applicant in exceptional circumstances; e.g., medical incapacity, visiting VIPs, and refugee support. The Home Office will arrange the third party collection with the relevant post office branch and provide a letter of authorization for the post office official to conduct an identity check.

Sponsors and migrants should be made aware of these changes and the implications if travel to the UK is delayed for any reason. It will be important for migrants to ensure that they collect their BRP within 10 days of arrival to avoid incurring a penalty charge of £125.

MEXICO: New Immigration Law

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On May 24, 2011, President Felipe Calderon of Mexico signed a new Immigration Law, which abolished and superseded the General Population Law that had been in existence for 40 years. The new law involves significant changes to the current immigration regime, although these will not become evident until implementing regulations are published.

Publication of the regulations has been considerably delayed mainly due to the pressure of several nongovernmental organizations advocating for immigrants’ human rights, along with bureaucratic delays in government offices. Regulations are expected to be published later this year.

The regulations are expected to pave the way to protect the human rights of immigrants; develop immigration processes focused mainly on demographic and immigration control issues; promote national security and economic development; and simplify immigration processes to attract foreign investors.