​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.
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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.

Neil Montgomery​

​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.

​Karl Waheed

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:

1. That they depend financially on the principal or live with him/her in the country of origin, or
2. That due to serious illness or disability it is necessary for the EU national to be in charge of the personal care of that member, or
3. That they are Common Law partners and can provide evidence of a steady relationship. 
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A relationship is considered steady if it is of long-standing. In the case of marital cohabitation a steady relationship is accepted if at least one continuous year of cohabitation is proven, unless the couple have descendants in common, in which case this is sufficient to prove stable cohabitation.

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 Co-Chaired the 7th Biennial IBA Global Immigration Conference which took place at the Mandarin Oriental Hotel in London from 18th – 20th November 2015.

Graeme Kirk

By Ted L. Badoux - Managing Partner of Everaert Advocaten in Amsterdam, the Netherlands.

No Work Permit in the Netherlands Needed for Japanese Nationals
The highest Dutch administrative court decided that Japanese nationals are allowed to work in the Netherlands without the need for a work permit. Read more ...

Is The Netherlands About to Excel with New Startup Visa?
On 1 January 2015 the new startup visa has become a reality. The government is aiming for an ambitious and appealing business climate and wants to conduct a tolerant and welcoming policy. The new residence permit for entrepreneurs from outside the EU fits with this new policy because start-ups ensure innovation, job creation, globalization and increased productivity. Read more ...
Subordinate Legislation Start-Up Visa Announced. Read more ...

2015 Salary Criteria for Highly Skilled Migrants
Highly skilled migrants, key personnel, graduates and those holding a Blue Card must meet the annually reviewed salary thresholds.  As of 1 January 2015 the following thresholds are applicable - Read more ...

Highly Skilled Migrant Legally Residing in Other EU States Will No Longer Need an MVV
As of 1 October 2015 an application for a residence permit as a start-up entrepreneur will not be rejected if there is no valid MVV (Multiple Entry Clearance Visa). All other criteria of the start-up scheme need to be met. Read more ...

Landslide Decision Court of Justice on Freedom to Provide Services in EU
On 11 September the European Court of Justice in Luxemburg handed down a key decision further to the Dutch Council of State’s request for a preliminary ruling. The decision will have a major impact on the services industry in the EU. Read more ...

Ted Badoux

Sergio Karas moderated the panel "On the move: a global immigration update"  at the Annual Conference of the International Bar Association, in Vienna, Austria, on Thursday 15th October, 2015, with the participation of many of the world's most prominent business immigration lawyers.

Sergio Karas ​

Greg Siskind has produced a Paper giving a clear overview of the US immigration system in 2015. There are five (5) Major Immigration Status/ Visa Categories :
 
1. Non-Immigrant Visas – temporary visitors (work, student, visitor, etc.)
2. Immigrant Visas – lawful permanent residents (green card holders)
3. Asylees and other special groups – Asylum, refugee, DACA and TPS status holders
4. Citizens
5. Undocumented – unlawfully present immigrants
 
The Paper deals with the first four (4) categories. To read this Paper click here …
 
Greg Siskind ​

​There has been a lot of recent activity within the Business Innovation and Investment Programme. The Joint Standing Committee on Migration announced an inquiry into the Business Innovation and Investment Programme and the outcome of the review was announced last year. The key change was the introduction of a new visa stream; the Premium Investor visa which is a migration pathway for high-net-worth individuals searching for an expedited pathway and willing to commit a larger amount to complying investments. It requires an investment of $15 million but has no residency requirements and provides permanent residency after 12 months. 
 
There were also changes to the Significant Investor Visa (‘SIV’) in terms of residency requirements and changes allowing ‘role swapping’ between the primary and secondary applicants to aid in meeting the residency requirements during the provisional visa stage. There have been changes to the complying investments; Austrade released proposed changes to encourage applicants to invest into more active areas of the economy. The proposed framework restricts ability to invest into residential real estate through managed funds and also requires higher risk investments such as; one million must be invested into early stage venture capital funds approved by the government, and one and a half million must be invested into managed funds that invest in small companies listed on the Australian stock exchange. These proposed changes take effect from the 1st July 2015. Austrade has been involved in a process of consultation with stakeholders on these proposals.
 
The report of the Inquiry into the Business Innovation and Investment Programme was tabled on 24th of March 2015. To read the report click here...

​Anne O'Donoghue