http://www.visalaw.com Visalaw Articles http://www.visalawint.com/index.aspx?page=WorkingInGermany Summer 2006 Working in Germany Law of residence permit and work permit for the so-called third-country citizens by Dr. Gunther Mavers , Mutze Korsch Rechtsanwaltsgesellschaft mbH , Germany Starting from 01.01.2005 the new law of immigration is effected in Germany.  The double permit procedure (residence permit and work permit) necessary for the admission of an employment of a foreign citizen has been replaced by a multistage procedure of the Authority ... http://www.visalawint.com/index.aspx?page=ObligationUnderIRPA Summer 2006 The residency obligation under IRPA: four years later by Sergio R. Karas , Karas & Associates , Canada The Immigration and Refugee Protection Act (“IRPA”) [i] states in section 28 that a permanent resident must, with respect to every five year period, be physically present in Canada for a total of 730 days, unless he or she is outside Canada and fits in one of the exemptions specifically provided for in the legislation.   ... http://www.visalawint.com/index.aspx?page=ForthcomingRevolutionInUKLaw 04/11/2006 A forthcoming revolution in UK immigration law by Graeme Kirk , Gross & Co, Solicitors , UK The British Government published a Command Paper on 7th March 2006 entitled “A Points-Based System; Making Migration Work for Britain”, setting out its proposals  for a new approach to U.K. immigration for work or study.  According to Charles Clarke, the Home Secretary “The UK needs a world class migration system to attract the brightest and ... http://www.visalawint.com/index.aspx?page=FGTSPaymentOverTheWageReceived Portugal Language Summer 2006 FGTS' (severance payment fund) payment over the wage received abroad by Camila Tsu , Emdoc MRS Specialized Services , Brazil This week, after a meeting with the Immigration Coordination and the National Immigration Council, it was decided that this matter shall be evaluated by the Ministry of Labor and Employment’s inspection agents and not by the Immigration. Therefore, it is no longer mandatory to include the remuneration that will contin... http://www.visalawint.com/index.aspx?page=DeadlineForSuggestions Portugal Language 04/11/2006 Deadline for suggestions to the Proposed Bill for New Foreigners Statute is September 30 th . by Camila Tsu , Emdoc MRS , Brasilia The Proposed Bill for the New Foreigners Statute was elaborated by a Commission created by the Minister of Justice, by means of Portaria # 2.209 , on August 10 th 2004 and modified by Portaria # 2.355 , on August 20 th 2004, with the purpose of modifying the current Foreigners Statute.  The commission is... http://www.visalawint.com/index.aspx?page=NormativeResolution64 Portugal Language 04/11/2006 Normative Resolution #64 enacted in substitution to Normative Resolution #12.   by Camila Tsu , Emdoc MRS Specialized Services , Brazil On Monday, September 19th, Normative Resolution # 64 was published and revoked Resolution Normative #12, of May 13th, 1998. The most relevant change is the reduction of required minimum experience period requested. The new requirements are: a)  two-year experience in the exercise of a college-le... http://www.visalawint.com/index.aspx?page=AccordForMigration Portugal Language 04/11/2006  Accord for Migration Regularization of Brazil and Bolivia by Camila Tsu , Emdoc MRS Specialized Services , Brazil The Diplomatic Note N. 88 with the Accord for Migration Regularization between Brazil and Bolivia was published in the Official Gazette on September 16th 2005. This Note refers to the rights and obligations of each immigrant, as well as the conditions to the nationals working in illegal situation and their dependants. ... http://www.visalawint.com/index.aspx?page=AgreementOnBusinessAndTourismVisa Portugal Language 04/11/2006 Agreement on Business and Tourism visa exemption of Brazil and Bolivia by Camila Tsu , Emdoc MRS Specialized Services , Brazil By means of Decree N. 5,541, published in the Official Gazette of September 19th 2005, the accord between Brazil and Bolivia for the exemption of tourist and business visa for their nationals came into force.  From September 19, 2005 onwards Brazilian citizens visiting Bolivia for tourism or business, or citizens of B... http://www.visalawint.com/index.aspx?page=BancoDoBrasils Portugal Language 04/11/2006 Opening hours of the Banco do Brasil’s agency at Cumbica International Airport    by Camila Tsu , Emdoc MRS Specialized Services , Brazil The opening hours of Banco do Brasil’s agency at Cumbica International Airport are from 10am to 4pm.  After these hours, the foreigners who need to pay fines must go to the bank’s  Exchange Counter that is open until 8.30pm. It is important the foreigner makes sure that t... http://www.visalawint.com/index.aspx?page=BrazilianPassport Portugal Language 04/11/2006 Brazilian Passport Application Form is available on Internet   by Camila Tsu , Emdoc MRS Specialized Services , Brazil It is now possible to fill in the Brazilian Passport Application form on the Internet by accessing www.dpf.gov.br . ... http://www.visalawint.com/index.aspx?page=NewBoardingRule Portugal Language 04/11/2006 New boarding rule for the United States by Camila Tsu , Emdoc MRS Specialized Services , Brazil After September 11th, the United States started to demand that all visitors send previous information about the visit to that country. This information is inquired at the time of check-in through the visa, passport or "green card" and sent through the APIS system (Advanced Passenger Information System).  From October 4th 2005, CBP (U.S Customs a... http://www.visalawint.com/index.aspx?page=OverviewOfTheUSImmSystem Summer 2006 An Overview of the US Immigration System by Greg Siskind , Siskind Susser , US      Introduction:   There are five (5) Major Immigration Status/ Visa Categories and for the purposes of this paper, the first three will be discussed.   1.        Non-Immigrant Visas – temporary visitors (work, student, visitor, etc.) 2.      &nbsp... http://www.visalawint.com/index.aspx?page=AccordForMigration_PORT 04/11/2006 Acordo sobre Regularizacao Migratoria entre Brasil e Bolivia by Camila Tsu , Emdoc MRS Specialized Services , Brazil Publicada em 16 de Setembro de 2005, no Diario Oficial da Uniao, a Nota diplomatica n? 88, que dispoe sobre o Acordo para a Regularizacao Migratoria entre Brasil e Bolivia. Esta Nota trata dos direitos e deveres de cada imigrante, bem como as condicoes para a regularizacao dos nacionais de ambos os paises que estejam trabalhando em situacao irregular e... http://www.visalawint.com/index.aspx?page=AgreementOnBusinessAndTourismVisa_PORT 04/11/2006 Acordo para a isencao de vistos de Turismo e Negocios entre Brasil e Bolivia by Camila Tsu , Emdoc MRS Specialized Services , Brazil Atraves do decreto 5.541 de 19 de Setembro de 2005, publicado no Diario Oficial da Uniao em 20 de Setembro de 2005, ficou estabelecido que cidadaos brasileiros que visitem a Bolivia a turismo ou a negocios ou cidadaos bolivianos na mesma situacao nao precisam mais desta categoria de visto. O prazo maximo de estada nesta condicao em cada... http://www.visalawint.com/index.aspx?page=BancoDoBrasils_PORT 04/11/2006 Horario de Funcionamento da agencia do Banco do Brasil no Aeroporto Internacional de Cumbica by Camila Tsu , Emdoc MRS Specialized Services , Brazil A agencia do Banco do Brasil no Aeroporto Internacional de Cumbica funciona das 10 as 16 horas. Apos este horario, os estrangeiros que foram autuados e precisam pagar a multa devem se dirigir ao Posto de Cambio do banco que funciona ate as 20h30. E importante que o estrangeiro certifique-se de que o agente da Policia Fed... http://www.visalawint.com/index.aspx?page=BrazilianPassport_PORT 04/11/2006 Disponivel na Internet o formulario para solicitacao de Passaporte Brasileiro by Camila Tsu , Emdoc MRS Specialized Services , Brazil Agora e possivel preencher o formulario para a solicitacao de Passaporte Brasileiro pela Internet. Para isso basta acessar o formulario atraves do link: www.dpf.gov.br ... http://www.visalawint.com/index.aspx?page=DeadlineForSuggestions_PORT 04/11/2006 Consulta Publica do Anteprojeto de Lei de Estrangeiros se encerrara no proximo dia 30 de Setembro. by Camila Tsu , Emdoc MRS , Brasilia O Anteprojeto de Lei foi elaborado por uma comissao constituida pelo Ministro da Justica por meio da Portaria n 2.209 , de 10 de Agosto de 2004 e alterada pelo Portaria n 2.355 , de 20 de Agosto de 2004, objetivando alteracoes na atual Lei do Estrangeiro. A comissao e presidida pelo Secretario Executivo do Ministerio da ... http://www.visalawint.com/index.aspx?page=FGTSPaymentOverTheWageReceived_PORT 04/11/2006 Obrigatoriedade de pagamento de FGTS sobre salario recebido no exterior by Camila Tsu , Emdoc MRS Specialized Services , Brazil A partir desta semana, a Coordenacao de Imigracao, atraves de uma reuniao junto ao Conselho Nacional de Imigracao, decidiu que esta materia deve ser avaliada pelos orgaos de fiscalizacao do proprio Ministerio do Trabalho e Emprego e, portanto, nao mais ser avaliada, em curto prazo, pela Imigracao. Sendo assim, nao ha mais a obrigatoriedade por ... http://www.visalawint.com/index.aspx?page=NewBoardingRule_PORT 04/11/2006 Nova regra para embarque para os Estados Unidos by Camila Tsu , Emdoc MRS Specialized Services , Brazil Com os atentados de 11 de Setembro, os Estados Unidos passaram a exigir que todo visitante envie informacoes previas para sua visita ao pais. Estas informacoes sao coletadas no ato do check-in atraves do visto, passaporte ou “green card” e enviadas atraves do sistema de mensagens APIS (Advanced Passenger Information System). Em 04 de Outubro de 2005, o CBP (U.S ... http://www.visalawint.com/index.aspx?page=NormativeResolution64_PORT 04/11/2006 Publicada Resolução Normativa Nº 64 em substituição à Resolução Normativa Nº 12  by Camila Tsu , Emdoc MRS Specialized Services , Brazil Nesta Segunda-feira, 19 de Setembro, foi publicada a Resolução Normativa Nº 64 que revoga a antiga Resolução Normativa 12, de 13 de Maio de 1998. A grande novidade é a redução do tempo de experiência mínima obrigatória dos tran... http://www.visalawint.com/index.aspx?page=HiringOfBrazilians Portugal Language 04/11/2006  Hiring of Brazilians by a foreign company to work abroad. by Camila Tsu , Emdoc MRS Specialized Services , Brazil On Friday, March 10th, 2006, Administrative Ruling # 21 was published in Official Gazette n# 48, Section 1, page 79, in order to regulate the matter above. Please see bellow a free translation of the Administrative Ruling: ADMINISTRATIVE RULE N.21, OF MARCH 09, 2006 Make use on the act of contract, for foreign... http://www.visalawint.com/index.aspx?page=HiringOfBrazilians_PORT 04/11/2006  Contratacao, por empresa estrangeira, de brasileiro para trabalhar no exterior by Camila Tsu , Emdoc MRS Specialized Services , Brazil Foi publicada nesta Sexta-feira, 10 de Marco de 2006, no Diario Oficial da Uniao N? 48, Secao 1, pagina 79, a Portaria N? 21, que disciplina sobre essa materia. Segue texto na integra abaixo: PORTARIA No- 21, DE 9 DE MARCO DE 2006 Dispoe sobre a contratacao, por empresa estrangeira, de brasileiro para trabal... http://www.visalawint.com/index.aspx?page=FederalRevenue Portugal Language 04/11/2006  Federal Revenue and Customs Administration goes back on strike by Camila Tsu , Emdoc MRS Specialized Services , Brazil Federal Revenue and Customs Administration went back on strike this Monday, September 19th. This will cause a delay on the regularization and issuance of CPF number. The strike is expected to end on October 1st, 2005. ... http://www.visalawint.com/index.aspx?page=FederalRevenue_PORT 04/11/2006  Receita Federal retoma greve by Camila Tsu , Emdoc MRS Specialized Services , Brazil A Receita Federal entrou novamente em greve nesta Segunda-feira, 19 de Setembro. Com isso havera atraso na emissao e regularizacoes de novos numeros de CPF. A previsao de retorno dessa vez e apenas em 1? de Outubro. ... http://www.visalawint.com/index.aspx?page=Openers Summer 2006 Openers by Greg Siskind , Siskind Susser , US Dear Readers:   Welcome to the first issue of the Visalaw International Bulletin. Visalaw International is the worldwide alliance of immigration lawyers and our goal for this publication is to provide our readers with information on global migration trends and legal developments in our member firms’ countries.   Hopefully, you have had the chance to browse our web site to ... http://www.visalawint.com/index.aspx?page=ItalySpotlight Summer 2006 Visalaw International Member Spotlight   Corrado Scivoetto , Studio Legale Monaco e Associati , Italy Corrado Scivoletto represents Visalaw International in Italy . He is a lawyer with Monaco E Associati and practices in the firm’s Rome office.   Corrado has been practicing for the last fifteen years in employment law including handling immigration matters for corporate and individual clients.   He rece... http://www.visalawint.com/index.aspx?page=VisaMattersChina Portugal Language 04/11/2006  Accord for Migration Regularization of Brazil and Bolivia by Camila Tsu , Emdoc MRS Specialized Services , Brazil The Diplomatic Note N. 88 with the Accord for Migration Regularization between Brazil and Bolivia was published in the Official Gazette on September 16th 2005. This Note refers to the rights and obligations of each immigrant, as well as the conditions to the nationals working in illegal situation and their dependants. ... http://www.visalawint.com/index.aspx?page=NewsFromUK   01/24/2007  News from the UK by Graeme Kirk , Gross & Co. , UK The last three months has seen some important major developments in UK immigration as follows:   Revisions to the Highly Skilled Migrant Scheme   With effect from 5 th December 2006, the British Government has introduced major changes to the Highly Skilled Migrant Programme, which has been running successfully since 2002. ... http://www.visalawint.com/index.aspx?page=PrivacyAtRisk   01/31/2007  Privacy at risk: laptops can be searched at the border by Sergio Karas , Karas & Associates , Canada Lawyers throughout North America are trying to come to grips with the fallout of a decision by the 9th Circuit Court of Appeals of the United States . The opinion of the Court has opened the flood gates on more thorough border crossing searches of electronic devices.   In U.S. v. Romm 455 F.3d 990 (9t... http://www.visalawint.com/index.aspx?page=VisaMattersInChina   01/11/2007  Visa matters in China by Greg Sy , Lehman, Lee & Xu , China i. General Structure:     Government bodies associated with inbound Chinese visas and immigration are as follows:   1.        Chinese Embassy in the individual’s home country,   2.        Public Security Bureau, 3.      &nbs... http://www.visalawint.com/index.aspx?page=ForeignEmployment   04/11/2006  Employment of foreign nationals presents unique challenges by Sergio Karas , Karas & Associates , Canada The current labour shortages experienced by companies in many industries have heightened the need for qualified workers.   Many companies are now hiring foreign workers to fill the gap left by retiring employees, an aging population, lack of qualified prospects in Canada , and opportunities for growth at home and abroad.  ... http://www.visalawint.com/index.aspx?page=AustraliaSpotlight Winter 2007 Visalaw International Member Spotlight Michael Thornton , Thornton Immigration Lawyers , Australia Michael Thornton represents Visalaw International in Australia . He is a Law Institute of Victoria Accredited Immigration Law Specialist. His practice, Thornton Immigration Lawyers, includes business, family and humanitarian aspects of Immigration Law. Michael has detailed knowledge of international jurisdictions relating to immigration and the a... http://www.visalawint.com/index.aspx?page=I-9ComplianceUS   01/26/2007  I-9 Compliance-Avoiding Immigration Bombshells by Greg Siskind , Siskind Susser Bland , US   While immigration can be a highly divisive issue, employers need to focus on complying with the law. Most employers will never file a visa application for a worker. But the mistake many business owners make is assuming that no foreign employees means no need to worry about immigration laws. This article will focus on the employment ve... http://www.visalawint.com/index.aspx?page=InvitationForVisitorsSpain   Fall 2007  Official Letter of Invitation for International Visitors in Spain by Marla Bojorge , Bojorge & Associates , Spain The ¿Es usted extranjero y pretende acceder a España por motivos de carácter turístico o privado? Necesitará además una carta de invitación según el Modelo Oficial aprobado recientemente.     Desde el mes de Junio del presente año entra en vigor ... http://www.visalawint.com/index.aspx?page=GermanyIntraCoTransfers Fall 2007 Working in Germany: Intra-company transfer, short- & long-term assignments by Dr. Gunther Mavers , Mutze Korsch Rechtsanwaltsgesellschaft mbH , Germany I. Entry and residence With regard to entry and residence it has to be differentiated between nationals of the European Union respectively the European Economic Area, nationals from all other privileged countries and so-called third-country nationals.   ... http://www.visalawint.com/index.aspx?page=AustraliaSkilledMigration   Fall 2007  Fine tuning Australia's General Skilled Migration Program by Michael Thornton , Thornton Immigration Lawyers , Australia Significant changes have been announced to Australia ’s General Skilled Migration Program (GSM) to take effect on 1 September 2007.   These changes have the effect of fine tuning a program that has now been in effect since approximately 1994.   Under the GSM a skilled applicant can qualify for a permanent re... http://www.visalawint.com/index.aspx?page=NormativeInstruction106   Fall 2007 Normative Instruction #106, of July 9th, 2007, Emitted by the Board of Trade National Department   by Carolina Garutti , Emdoc MRS Specialized Services , Brazil The Board of Trade National Department emitted Normative Instruction nº 106, on July 9 th 2007, about the implementation of the National Agreement on Residence for the States Parts of Mercosul, as well as on the common rules for the authorization of residence to Brazilians and Argentines de... http://www.visalawint.com/index.aspx?page=ConstitutionalEmendation54   Fall 2007 Constitutional Emendation #54 of September 20th, 2007   by Carolina Garutti , Emdoc MRS Specialized Services , Brazil It was published in the Official Federal Gazette, Constitutional Emendation nº 54 about the recognition of the Brazilian nationality of Brazilians´ children born abroad. The previous constitutional commandment, about recognition of the nationality, was being a matter of strong criticism for allowing the possibility of Br... http://www.visalawint.com/index.aspx?page=RevInUKLaw A forthcoming revolution in UK immigration law by Graeme Kirk , Gross & Co , UK The most substantial changes in UK immigration law for over 30 years will be introduced by the British Government by way of a rolling programme starting in the first quarter of 2008 and continuing for the next 18 months. The British Government is introducing an Australian-style Points System for all immigration other than family settlement cases.   The new points... http://www.visalawint.com/index.aspx?page=OptionsAttorneysUS     Immigration Options for Attorneys Entering the US by Greg Siskind , Siskind Susser Bland , US   The news has been filled with stories of one profession after another facing shortages of workers as the US economy continues to grow, overall unemployment remains at historically low levels and baby boomers are starting to retire in ever increasing numbers. While we hear about too few nurses, doctors, teachers, engineers – but... http://www.visalawint.com/index.aspx?page=Belgium Spotlight Visalaw International Member Spotlight Henry Hachez , Verhargen Walravens , Belgium Henry Hachez represents Visalaw International in Belgium . He is a lawyer with Verhaegen Walravens. For the past ten years, Henry has worked with the same team of employment lawyers in Belgium , starting at the country’s  largest full-service law firm and transferring four years ago to a leading Benelux firm. In this demanding environment, Henry has been entrusted wit... http://www.visalawint.com/index.aspx?page=Opener2 Openers by Greg Siskind , Siskind Susser Bland , US Dear Readers: Welcome back. This is our second issue of the Visalaw International newsletter. Visalaw International is an alliance of law firms around the world handling immigration matters in their respective countries. I am writing this Openers article from fast-paced Singapore where the 2007 annual meeting of the International Bar Association meeting is being held. One of the more interesti... http://www.visalawint.com/index.aspx?page=DutchLaborUpdate   Spring 2008  Dutch labor immigration update by Jelle Kroes , Everaert Advocaten Immigration Lawyers , Netherlands Knowledge migrants Since 1 January 2008, the income level requirements for Knowledge migrants are set at Euro 34,881.- gross salary per annum for those under the age of 30, and Euro 47,565.- for those aged 30 or over. Foreign students who have graduated from Dutch Universities or Polytechnics also qualify as Knowledge migrant if... http://www.visalawint.com/index.aspx?page=StateEmployerImmigration   May 2008  A Review of State Employer Immigration Laws by Greg Siskind , Siskind Susser Bland , US Type of Law States     General bar on employers knowingly hiring unauthorized immigrants AZ, CO, MS, NH, TN, WV Revocation of business licenses of employers knowingly hiring unauthorized employees AZ, MS, TN, WV Requires all e... http://www.visalawint.com/index.aspx?page=InvestorsBrazil   Spring 2008  Investors in Brazil: Permanent Visa by Carolina Garutti & Daniela Lima , EMDOC MRS , Brazil Brazil has been reinforcing its role in the world as a great attractor of investments in different areas, from industry to tourism. Its outstanding role among the emerging countries is due to some reasons, as the fact that we have a market of 170 million people, the most developed industry in Latin America , inflation control and a large infr... http://www.visalawint.com/index.aspx?page=TransferingAustralia   Spring 2008  Transfering Company Employees to Australia by Michael Thornton , Thornton Immigration Lawyers , Australia A dilemma often faces companies wishing to send staff to Australia .   Of the three main options available, what is the best visa choice?   Each one has traps for the unwary. Australia has a complex immigration system with over 140 subclasses of visas and the choices available can give rise to confusion. &... http://www.visalawint.com/index.aspx?page=mergers   Spring 2008  The Immigration Consequences of Mergers and Acquisitions by Greg Siskind , Siskind Susser Bland , US     I. Introduction   While US immigration laws have been a factor in corporate transactions for decades, a massive increase in the enforcement of immigration laws and the proliferation of new rules should certainly have raised the profile of this subject amongst lawyers handling major corporate transaction... http://www.visalawint.com/index.aspx?page=Misrepresentation   Spring 2008  Misrepresentations in Canadian Immigration Law by Sergio Karas , Karas & Associates , Canada The Immigration and Refugee Protection Act (“IRPA”) [i] in force since June 28, 2002 contains a number of provisions dealing with misrepresentations made by foreign nationals or by other persons with respect to applications for immigration status.   Applicants, sponsors, employers, and any other person who is a part... http://www.visalawint.com/index.aspx?page=UKPointsSystem The UK introduces its new points based immigration system by Graeme Kirk , Gross & Co , UK The British Government has, with effect from the 29 th February 2008, introduced the first stages of the new Points-Based Immigration System, which will revolutionise UK immigration law over the next 12 months.     With effect from 29 th February 2008, the new Tier 1 (General) Category – Highly Skilled Migrants has come into effect.   ... http://www.visalawint.com/index.aspx?page=GermanBusinessVisas Spring 2008 German Immigration Law: Business Visa by Dr. Gunther Mavers , Mutze Korsch Rechtsanwaltsgesellschaft mbH , Germany   Introduction   Employees of internationally operating companies are often using a visitor’s visa for business trips in Germany without being aware of which activities are actually permitted under this visa and which are not. Even if such violation of the legal provisions on residence a... http://www.visalawint.com/index.aspx?page=E-VERIFY   Spring 2008  The ABC's of Immigration: The E-VERIFY Electronic Employment Verification System by Greg Siskind , Siskind Susser Bland , US   *Excerpted from the soon to be released “Employer’s Immigration Compliance Guidebook”, copyright 2008. Greg Siskind is a shareholder at Siskind Susser Bland, P.C. and can be reached at gsiskind@visalaw.com or from his web site at www.visalaw.com .   ... http://www.visalawint.com/index.aspx?page=PECIingles   Spring 2008  Strategic Plan for Citizenship and Integration in Spain by Marla Bojorge , Bojorge & Associates , Spain Strategic Plan for Citizenship and Integration in Spain ...