Jan - Mar 2016
Effective as from 2nd December 2015, foreign individuals seeking to obtain a permanent work permit and visa based on their investment in local productive activities (usually materializing as investments made in Brazilian companies) will now have to produce evidence of an investment of BRL500,000.00 (currently equivalent to approx. USD 135,000.00) to succeed in their application.
Normative Resolution No. 118/2015, which revokes Normative Resolution No. 84/2009 (which contemplated a much lower investment of BRL 150,000.00 for obtaining such work permit/visa), was published in the Official Gazette on 2nd December 2015 and is a clear move by the Brazilian Government to attract enhanced foreign direct investments amidst the serious economic crisis currently experienced by Brazil and which has devalued the Brazilian real by more than 50% in the last 12 months.
Foreign individual investors should note that the new investment threshold applicable to them is still significantly lower than that required by European and North American countries.
In addition, the minimum investment threshold required by foreign corporate entities to obtain permanent work permits/visas for their executives to occupy managerial positions in their Brazilian subsidiaries and affiliates has remained unaltered at BRL 600,000.00 since 2011.
The Law on the Right of Foreigners in France was promulgated 7 March 2016 and published in the Official Gazette on 8 March 2016. Some provisions reshuffle in depth categories and duration of residence permits and the system of work permits on labor migration.
This law creates the Talent Passport category for highly skilled workers which provides for a residence permit valid for up to four years. The entry into force of these provisions is postponed to a date to be fixed by decree no later than 1 November 2016. In the absence of implementation decrees there is uncertainty on changes to the current immigration processes.
To read the full article on this topic please click here.
Oct - Dec 2015
A new regulation came into force on the 9th December 2015 extending the definition of dependants established in the Royal Decree 24/2007 which regulates EU/EEA citizens and their dependants.
This regulation adds to the category of persons who qualify as relatives/dependants covered by the European Union framework. The following persons are now included on the list provided that they accompany or are joining an EU national, namely:-
Members of the family, whatever their citizenship, who can provide strong evidence at the moment of filing the application of one the following:
Ana Garicano Sole
Graeme Kirk spoke on UK immigration issues at the Annual Conference of the International Bar Association (IBA) in Vienna, Austria, on 8th October 2015, in the “Global Update” session. Graeme explained that the British Government was currently introducing ever more restrictive immigration policies for non-EEA nationals coming to live in the UK, in an attempt to reduce the substantial increase in net immigration which has occurred over the last five years and which is contrary to the Government’s stated intention to reduce net immigration to the UK very substantially.
Graeme Kirk will be Co-Charing the 7th Biennial IBA Global Immigration Conference which will be taking place at the Mandarin Oriental Hotel in London from 18th – 20th November 2015.