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IMPACT – HIGH
What is the change? The government is requesting that everyone in Italy avoid all domestic and international travel in response to the COVID-19 pandemic.
What does the change mean? Foreign nationals and Italian citizens must fill out and provide a declaration regarding the reason they are undertaking travel. Justifiable reasons include: (1) proven work, (2) necessity, (3) health or (4) return to home/domicile/place of residence.
Additional information: Italy currently has the highest number of confirmed COVID-19 cases in Europe, and the government recently extended quarantine measures across the entire country. Those who ignore the new travel restriction or make a false declaration may be subject to criminal charges.
Analysis & Comments: Italy is taking dramatic steps to mitigate the spread of the COVID-19 virus that will have a significant effect on immigration and travel within the country. Deloitte will alert clients to additional changes as information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
BAL is again ranked as a top firm in the Global-wide category in the newly released Chambers Global Guide, an annual ranking of the best international law firms based on independent research and interviews with lawyers and clients worldwide. BAL has received top-tier ranking in the publication since 2014.
Chambers recognizes BAL as an “acclaimed group of immigration specialists, evoking praise for its deep experience in corporate global mobility.” Chambers states that BAL offers a broad spectrum of services from application support and immigration program management to strategic advice on compliance and government relations. The firm’s impressive client base benefits from its ever-expanding U.S. footprint and alliance with Deloitte, combining centralized global mobility advice with on-the-ground expertise in more than 135 countries. Chambers calls out BAL for its innovative case management technology, with the operation of its Cobalt® mobile app and artificial intelligence engines.
Chambers sources enthuse that BAL “[is] an excellent firm with a good caliber of partners across the board, many of whom have been in the market a long time.” One client explained: “The firm’s key strength is its large size, combined with its close attention to client needs.”
Many distinguished attorneys lead BAL, and Chambers’ notable practitioners include Founding Partner David Berry, based in San Francisco, and Managing Partner, Jeremy Fudge, in Dallas.
About Chambers Global Since 1990, Chambers has published an annual guide ranking the world’s best lawyers on the basis of technical expertise, business acumen, prompt delivery, and value for money. A team of over 200 researchers conducts thousands of interviews worldwide to produce the rankings. Lawyers cannot buy their way into Chambers rankings; as a result, its annual directories are considered among the most accurate and reliable.
What is the change? Following the World Health Organization’s declaration of an international public health emergency last week, and with the number of reported cases of positive coronavirus increasing daily, governments around the world have started implementing travel bans. This, along with several airlines canceling flights to and from mainland China, will undoubtedly cause delay and uncertainty for thousands of travelers and businesses.
Since Friday, the United States, Singapore, New Zealand and Japan, among other countries, have escalated their response to safeguard against the spread of the coronavirus by implementing travel bans, which are effective immediately, as follows:
United States
Entry of foreign nationals who were physically present in China (excluding Hong Kong and Macau) during the 14 days before their attempted entry into the U.S. will be denied. Lawful permanent residents, their immediate family members and a limited number of other travelers will be exempt.U.S. citizens returning to the U.S. from Hubei Province will be quarantined for up to 14 days upon arrival in the U.S. Those returning from other parts of mainland China will be subject to self-screening measures.
Singapore
Since Feb. 1, 11:59 p.m., all new visitors who have been in mainland China within the last 14 days will not be allowed entry into Singapore, or to transit through Singapore.In the same context, with immediate effect, the Immigration and Checkpoints Authority will suspend the issuance of all forms of new visas to those with passports from the People’s Republic of China (PRC). Singapore’s status as a visa-free transit facility will also be suspended for those with PRC passports. Previously issued short-term and multiple-visit visas for those with PRC passports will also be suspended. During this period of suspension they will not be allowed entry into Singapore.
With immediate effect, the following returning groups will be issued an advisory for them to be placed on a 14-day leave of absence from the day of their return from China:
New Zealand
Any foreign traveler who leaves or transits through mainland China after Feb. 2 New Zealand time will be refused entry to New Zealand. Immigration New Zealand’s Beijing office is temporarily closed in line with the Chinese government’s decision to close schools and businesses as part of their ongoing management of coronavirus.
Indonesia
The president held a meeting following evacuation of Indonesians from China. Foreign Minister Retno Marsudi said in a press conference following the meeting that the Indonesian government will temporarily ban direct flights to and from mainland China. The policy will take effect at 12 a.m. local time on Feb. 5.
All visitors coming from mainland China, who had been there for 14 days are also temporarily banned from entering or transiting in Indonesia. The government is also suspending the visa-free policy and issuance of visas-on-arrival to Chinese nationals residing in mainland China for the time being. Indonesian nationals are asked not to travel to mainland China.
Japan
Entry will be denied to any foreign migrants who have visited Hubei Province within the past two weeks or obtained visas there.
Analysis & Comments: Those planning travel to and from mainland China are urged to reconsider their plans amid growing concern about the virus and new travel restrictions. Employers and visa applicants should expect travel and visa processing delays as more countries implement similar measures and visa processing centers remain closed. Employers must be prepared to be flexible with employee schedules and start dates.
We anticipate that more countries will follow suit and implement similar travel bans until this international public health emergency is resolved. We understand that the U.K. government will shortly be announcing short-term guidance to help individuals and employers plan ahead and expect that other governments will do the same. Response to the coronavirus is evolving rapidly, and we will alert clients to additional changes or restrictions as information becomes available.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
US Source: BAL. This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? The Muslim holiday of Eid al-Fitr, which will begin next week, will close offices and delay processing of applications in countries across the Middle East, North Africa and parts of Asia, and at consular missions around the world.
What does the change mean? Offices will close for one to seven business days, depending on the country. Applicants should expect delays in processing of visas and work permits.
Background: Eid al-Fitr (Festival of Breaking the Fast) marks the end of the holy month of Ramadan and is celebrated with three or more days of festivities. The holiday is also known as Ramazan Bayrami in Turkey, Hari Raya Puasa in a number of Asian countries, and Korité or Tabaski in West Africa. Offices will be closed on the following business days:
Analysis & Comments: Employers should anticipate delays because of the holiday and may need to adjust time lines and start dates. Companies may wish to contact their immigration provider for individual country and consular schedules.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
BAL again is ranked as a top firm in the Global-wide category in the newly released Chambers Global Guide, an annual ranking of the best international law firms based on independent research and interviews with lawyers and clients worldwide.
Chambers recognizes BAL as an “acclaimed group of immigration specialists evoking praise for its deep experience in corporate global mobility.” According to research by Chambers, the firm offers a broad spectrum of services from application support and immigration programme management to strategic advice on compliance and government relations. The firm’s impressive client base benefits from its ever-expanding US footprint and recent alliance with Deloitte UK, combining centralised global mobility advice with on-the-ground expertise in more than 135 countries. BAL’s innovative case management technology and recent launch of its Cobalt mobile application innovate and distinguish client service.
The firm earns strong praise from clients, who report, “They are extremely responsive to our needs and proactive in their thinking,” adding, “Their Cobalt technology and reporting capabilities are excellent.” Others describe the team as “top quality, knowledgeable, prompt, and personable” and particularly appreciate its “eye for detail.”
Many distinguished attorneys lead BAL, and Chambers’ notable practitioners included Founding Partner David Berry, based in San Francisco, and Managing Partner, Jeremy Fudge, in Dallas.
About Chambers GlobalSince 1990, Chambers has published an annual guide ranking the world’s best lawyers based on technical expertise, business acumen, prompt delivery, and value for money. A team of over 200 researchers conducts thousands of interviews worldwide to produce the rankings. Lawyers cannot buy their way into Chamber’s rankings; as a result, its annual directories are considered among the most accurate and reliable.
All employers who send employees across international borders—whether to engage in business activities, carry out short-term assignments, or for long-term relocation—benefit from having a written immigration policy that covers the legal and practical issues of global travel and international relocation.
A written policy helps companies meet duty-of-care obligations, prevents border issues and detainments, and ensures that employees have the right to work when they arrive in their destination country. Additionally, a policy sets uniform expectations and guidelines to prevent managers and employees from running afoul of local labor laws or other sponsorship requirements. With a written immigration and business travel policy, employees benefit from having clear expectations from the offset and Global Mobility staff can reference uniform policies to inform their management of compliance requirements and other legal obligations.
This backgrounder by Berry Appleman & Leiden LLP (BAL) provides high-level suggestions on key issues related to mobility and immigration that should be part of every global company’s policy manual. With the backgrounder, BAL hopes to encourage Global Mobility professionals to think about how to create a best-in-class internal policy around immigration and international travel that promotes business needs while mitigating the many immigration risks that follow international travel assignments and long-term relocation. Topics covered in the document are described below in brief. For full explanations and key information, download the full BAL backgrounder here.
Around the world, governments, regardless of political persuasion, are stepping up compliance by more strictly enforcing their existing immigration laws. Increased fines, penalties, and criminalization of unauthorized working and expanded audit activities are more often focusing on companies—rather than workers—for illegal hiring, improper or invalid documentation, failure to complete mandatory procedures and other immigration infractions.
While immigration noncompliance can severely impact a multinational company’s reputation, until recently, fines and legal ramifications for noncompliance had not possessed much regulatory “bite.” Now, however, governments are revising regulations, scrutinizing work authorization for foreign nationals, and enforcing rules and regulations with new rigor to ensure that laws have “teeth.”
In this issue of the Global Trends Report, we take a closer look at immigration enforcement and how noncompliant employers face substantial financial and legal consequences.
Read the full report by completing the form below.
Travelers are being warned of two separate scams involving fraudulent websites.
The Singapore Immigration and Checkpoints Authority is warning that a fake website posing as the border authority is fraudulently obtaining visitors’ visa reference numbers and passport/travel document numbers. The police have been notified and the ICA is working to have the fake website taken down. Travelers are being warned to make sure that they are using the official ICA website.
Australian authorities are warning about a website that is charging Australian citizens thousands of dollars for the visa waiver fee to visit the United States and putting travelers’ personal information at risk without providing the visa waiver. The Queensland Police is discouraging travelers from using third-party sites and advising that they only use the official U.S. government’s Electronic System for Travel Authorization registration site to apply for the visa waiver, which only costs US$14.
Analysis & Comments: Scams that target immigrants and international travelers have become quite common. Individuals should make sure that they are using official government websites and never submit to telephone calls or emails demanding payment. Suspicious emails, calls or websites should be reported to authorities.
MARN: 0101248
Immigration policies can help countries enhance or restrict the flow of foreign labor, depending on local needs. Rather than taking a one-size-fits-all approach, countries are finding creative ways to regulate immigration according to their individual economies and varying local labor demands across different industry sectors and geographical regions. The strategic use of these policies enables countries to encourage companies to hire local workers while continuing to attract foreign talent where needed. In this quarter’s Global Trends Report, BAL looks at this trend in greater detail and provides a country-by-country analysis that illustrates the wide variety of policy tools currently in use around the world.
What is the change? Australia has launched the Global Talent Scheme—a one-year pilot program under the Temporary Skill Shortage (Subclass 482) visa scheme aimed at attracting foreign talent with cutting-edge skills to bring innovation to Australia.
What does the change mean? The two streams of the Global Talent Scheme will allow established accredited sponsors or new start-up companies to benefit from a simplified application process, faster processing, and four-year TSS visas. Companies must meet financial eligibility criteria, salary minimums, and conduct labour market testing before being invited to enter an agreement with the Government. They must also demonstrate throughout the life of the agreement that they are bringing opportunities to Australian workers by creating new jobs and transferring skills and knowledge to Australians.
Background: Following the elimination of the subclass 457 visa and introduction of the stricter TSS visa in its place in March, the Australian Government announced the launch of the Global Talent Scheme, recognizing the global competition for tech talent and the need to provide fast-track processing for a subset of TSS applicants in cutting-edge fields. To be considered under the scheme, companies must first demonstrate that they are unable to fill the position with an Australian worker and that they cannot fill the position through other visa routes. Foreign employees in the Global Talent Scheme will be issued four-year TSS visas and are eligible to apply for permanent residence after three years. If the position ends, the worker will have 60 days to find a new sponsor and new visa or depart Australia.
The qualifying criteria for the two streams of the Global Talent Scheme are summarized as follows.
Additional information is available on the Government’s Global Talent Scheme Fact Sheet here.
BAL Analysis: Companies that meet the eligibility criteria for sponsorship should consider the Global Talent Scheme for niche roles that are restricted under the occupation lists for other visa routes such as the short- and medium-term streams of the TSS visa.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.