You will find below a list of tips and advices on how to migrate, live and work legally in these countries. However, Highventures doesn’t garantee the up to date informations related to visas processing as they might change depending on each country.

WARNING: DO NOT TRUST Online visa fixers. DO NOT PAY ANY FEES for any promised job - ask advice from your Embassy and from the Immigration Departement of the country you’re applying for.

Which industries employ expats in the UK?

There are a wide range of industries in the UK which regularly employ expats. Such industries include financial institutions, construction companies, law firms and the UK fashion industry as well as many others. There are also several occupations where there is a clear shortage of workers in the UK and so these provide an excellent opportunity for expat workers. These include jobs within the engineering, medical and teaching fields.

How many kinds of employment visas are there?

There are several ways in which an expat can lawfully work within the UK. The traditional ‘work permit’ route now known as Tier 2 enables an expat to work in the UK for a designated employer. This employer must ‘sponsor’ the expat employee. There are 2 types of Tier 2 visas. The Tier 2 General visa relates to ‘brand new hires’ and leads to permanent residence after 5 years stay in the UK. The Tier 2 Intra Company Transfer Visa (ICT) is only for existing employees who have worked for the company overseas for a minimum of 12 months. This does not lead to settlement.

It is also possible to work in the UK for a limited period under the Tier 2 ‘Skilled Transfers’ or as a ‘Graduate Trainee’. These visa categories mainly apply to new graduates coming to the UK to seek training or skills to assist them in performing their roles overseas.

Other routes also include the Post Study Work visa which will enable an expat who has completed studies within the UK at graduate level to work in the UK for up to 2 years for any employer. There is no requirement for sponsorship.

Expats can also work in the UK by running their own businesses in the UK and this is possible via the Entrepreneur route (if the expat has £200,000 to invest in the UK business that he/she plans to run) or Investor Visa (which requires a £1 million investment but there is no requirement to run any business at all) or alternatively the Sole Representative visa which enables senior members of companies overseas to establish branches in the UK.

How can I get an employment visa in the UK?

The conventional employment visa, the Tier 2 visa, can be applied for in-country if you are already in a visa category which allows you to switch from within the UK to a Tier 2 Visa (eg. If in the UK on a Tier 4 visa or Tier 1 General or Post Study Work visa etc). Alternatively you can apply via the British Embassy overseas. All cases will require that the Employer presently holds a Tier 2 Sponsors Licence in order to ‘Sponsor’ the Expat to work in the UK.

Can I apply for an employment visa on my own?

If you have a Tier 2 Sponsor in the UK who is willing to Sponsor you then it is possible for you to make the Tier 2 Visa application by yourself once the employer issues a Certificate of Sponsorship. However the Immigration Rules relating to Tier 2 visas are quite complex and it is not uncommon for applications to be refused on a simple technicality such as wrong documents submitted with the application, or insufficient maintenance for dependants. Hence it is strongly recommended that legal advice is sought when an Expat applies so as to ensure a smooth and expeditious process.

Who can I hire to assist me in processing my papers?

UK Immigration Advisers who are Solicitors registered with The Law Society or with the Office of the Immigration Services Commissioner (OISC) and are legally permitted to provide immigration advice.

What documents do I need to submit?

The Expat would need to provide evidence of Sponsorship. This is usually demonstrated by producing the Certificate of Sponsorship reference number that would be provided by the UK Employer. In addition to this the expat’s passport, biometric residence permit card (if relevant), passport photographs and other documents proving qualifications and proof of English language and maintenance will need to be included with the application. If the expat also has any dependants then additional information confirming their relationship to the dependants will also need to be added to the application. The Expat will also be required to undergo a biometrics appointment which will require fingerprinting and photographs at a biometric centre in the country of application.

How long do I have to wait for my papers to be processed?

Within the UK the Visa application can take as little as 1 day if applying through a legal representative using the UKBA same day service. If the Expat applies overseas the application can take between 1 to 4 weeks depending on their location.

Where can I check on the status of my application?

Representatives can usually contact the UKBA or British Embassy to check on the progress of an application if there has been a significant delay. However in most Tier 2 applications, these matters are usually resolved in time thus alleviating the need to check on the status of a case.

What will my proof of employment visa be?

If applying overseas, the Tier 2 Visa will usually be issued on a Visa label placed in your passport by the British Embassy.

If applying within the UK, the Tier 2 Visa will be issued on a Biometric Residence Permit, which is a type of identification card which will confirm your immigration status in the UK.

In addition to this, the terms of your employment will be contained on your Certificate of Sponsorship (COS) issued by your employer. This is proof of your ‘sponsorship’ by your employer and it is important that all the terms on the COS are adhered to. A reduction in salary or a changeover to a completely different job with new duties could lead to a breach of that COS requiring you to make a fresh visa application.

What are the government fees I have to pay for while I’m on my work visa?

Most of the costs associated with obtaining the Certificate of Sponsorship and your visa are usually paid by your UK employer. As an example, the costs associated with applying for a Tier 2 visa from within the UK are £550 for a postal application and £850 for a same day application. These costs relate to the main applicant Expat worker. The Certificate of Sponsorship will be an extra fee and is payable by your employer.

How long is the validity of the employment visa before it expires?

A Tier 2 General visa is initially granted for 3 years and 1 month. A further extension is also possible for an additional 2 years. After 5 years in total on a Tier 2 General, the Expat and his dependants can apply for permanent stay in the UK.

The Tier 2 ICT visa is now broken into 2 main categories: long term and short term. Generally speaking those applying under a ‘long term’ Tier 2 ICT visa can work in the UK for up to 3 years if applying from outside the UK and 2 years if applying from within the UK. You can then extend your stay for up to 5 years. Those on a ‘short term’ Tier 2 ICT visa are permitted to stay up to a maximum of 12 months. Neither the short term or long term Tier 2 ICT visas lead to permanent stay in the UK.

If my passport expires before my employment visa expires, what should I do?

This should not affect your right to live and work in the UK. You should apply for a new passport as soon as possible and then carry the expired passport (and your biometric resident permit if applicable) together with your new passport when travelling in and out of the UK. If you prefer, you can also request for the visa to be transferred to your new passport at an extra cost.

When my employment visa expires, how can I re-enter the UK and accept a new job?

If your employment visa has expired then the Expat may have difficulties re-entering the UK on the expired visa. The Expat may still be able to enter on another visa such as a tourist visa but they will not be permitted to work in the UK. We would recommend therefore that the Expat takes steps to find new work prior to the expiry of the employment visa. This would also enable the Expat to ‘switch’ to the new employer and obtain the new visa without having to leave the UK.

Is there a grace period to renew an employment visa?

We would recommend that you extend your visa prior to its expiry date to avoid overstaying.

Can I come to the UK on a tourist visa to search and apply for jobs?

The UK Tourist visa does not permit you to do anything other than visit the UK for tourism purposes. Should you be provided with an ‘interview’ by a UK employer then the most appropriate visa would be a Business Visitor visa but this would require the prospective UK Employer to provide you with a Letter of Invitation for the interview addressed to the UKBA or British Embassy which would confirm your purpose for visiting the UK. In some cases employers may be unwilling to provide this letter and so it is now more common for the Employer to hire the Expat candidate based solely on their CV, qualifications and references thus not requiring the Expat to attend the UK until their start date.

What happens when an employer asks me to work immediately without an employment visa?

You should never agree to commence working in the UK if you do not have the pre-requisite permission to work in the UK for your employer. Both you and your employer would be committing a criminal offence and you would be working illegally.

How do I make sure I don’t get banned from re-entry?

Common reasons for banning an Expat from re-entry to the UK include overstaying your visa once expired and the providing of deceptive documents or information at the time of application.

How can I transfer my employment visa from one employer to the next?

You would need to make a fresh Tier 2 visa application from within the UK. You would need to obtain a fresh Certificate of Sponsorship from your new Employer and thereafter submit a new Tier 2 visa application. These can all be done quite quickly by posting your application to the UKBA or by using the UKBA’s same day service via your legal representative.

Aside from obtaining an employment visa, how else can I reside in the UK?

As mentioned earlier, you can live and work in the UK under a Tier 4 visa (you can work in limited circumstances), under Tier 1 General, Tier 1 Post Study Work Visa, or alternatively under a Sole Representative Visa, an Entrepreneur Visa or an Investor visa. Other alternatives also include Spouse or Civil Partner visas.

Most of these options provide the right to permanent stay in the UK at the end of a qualifying period. Those Expats presently in the UK as the dependant of an EEA national (from certain EEA countries) are also permitted to live and work in the UK without any restrictions at all, providing the EEA national is exercising treaty rights in the UK. For example, this would mean that the American spouse/civil partner or unmarried partner of a French national working in the UK would not require a Tier 2 visa but can apply for a EEA Family residence document instead.

How can my partner / spouse or children who work and live in the UK sponsor my residency?

If you are the dependant of an EEA national who is living and working in the UK then you can usually enter the UK as their dependant on a Family Residence Permit and this will enable you to live and work without any problems.

If your spouse is in the UK on a Tier 2 or other UK Visa then you would need to apply for entry clearance to enter as a dependant. This would usually require you to provide proof of your relationship to the spouse in the UK (eg marriage certificate) and proof of how you will be maintained in the UK without recourse to public funds (eg. Proof of your spouse’s income and finances in the UK and any accommodation arrangements.)

If your spouse is British then you may be able to make an application to enter the UK as the Spouse of a Person Present and Settled in the UK.

How can I get a job soon after my family sponsors my residency?

In all of the above, there are usually no difficulties or immigration restrictions in the Expat dependant obtaining employment within the UK. It is however recommended that the Expat Dependant checks this entitlement with a UK Immigration Adviser as some visas do carry restrictions eg. Tier 4 dependant visas.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

After 5 years on a Tier 2 General Visa you can apply for permanent residence in the UK. Once you have received permanent residence you would then have to wait a further 12 months before you can apply for British Citizenship.

Does the UK have single and multiple entry visas? How do I get a multiple entry visa?

It is possible to apply for a multiple entry visa. This would need to be stated on the entry clearance application to the British Embassy at the time of application.

Will an expat’s child born in the UK acquire citizenship?

This is not an automatic right, however, if a parent later goes on to acquire indefinite leave to remain then a child may thereafter be entitled to register for British Citizenship.

I’m British currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in the UK?

If you are in a marriage or civil partnership or have been in an unmarried partner relationship (for at least 2 years) and you plan to settle in the UK together, you could make a Visa application for your partner to enter as the Spouse/Civil Partner/Unmarried partner of a person present and settled in the UK. For this you would need to demonstrate that you would be entering the UK either before or at the same time as your accompanying partner and have plans to settle in the UK and make the UK your ‘home’. You would need to establish your finances and accommodation and also your relationship to your partner. However if you have lived overseas together for some time it can be sometimes difficult to convince the British Authorities that you and your partner consider the UK your home and that you have no alternative place to live. In these types of cases it is best to seek legal assistance.

Where can I find more information on residency and citizenship?

The UK Government have limited information on the UKBA website. It is advisable to seek assistance from a legal representative for up to date information on the process and requirements.

What should I do to have a successful relocation?

If the UK visa part of your application has been sorted out then usually all the other elements of your relocation should fall into place. Often relocation agents rely on the UK Visa date to organise all the other parts of your move (eg. Shipping of items to the UK, arranging accommodation etc.) To ensure a stress free and smooth visa process it usually best to work closely with your local immigration provider.

◄ IMMIGRATION EXPERT IN THE UK ►
Newland Chase is the leading provider of UK and Global Immigration solutions to corporate clients. We have an experienced and qualified team of UK consultants and a global network of immigration lawyers. You can be certain that your case will be handled with flexibility and initiative by a qualified and experienced advisor. We thrive on producing successful results for our clients.

We offer a fully integrated one-stop shop allowing you to outsource your entire immigration and relocation process in line with the exact requirements of your business. Our global reach and vast experience can help you find the most effective and efficient solution. Our loyal client base, consisting of many multi-national organisations, will testify to this.

W: www.newlandchase.com E: [email protected]

THE IMMIGRATION EXPERT
Asma Bashir is a specialist in UK immigration has been practicing primarily in this field of law since 1994. Asma formerly managed a team of five lawyers in one of the largest law firms in the world and advised large multinational companies on the movement of their expatriate staff to the UK and worldwide. She has also advised high net worth individuals and executives in the field of immigration and is a well known in this field. She then went on to work for an exclusive US firm, specialising in global immigration including Scandinavia, the Middle East and the Far East. Asma has also provided specialist advice to businesses establishing themselves in the UK from pre entry requirements to full business support after entry to the UK. Asma is a committee member of the Association of Regulated Immigration Advisors and speaks regularly at conferences and events. Asma is also a member of the Immigration Law Practitioners Association.

How can I get a work visa?

There are a number of options depending on the type of employment and your background. A few examples are H-1b for professionals, L-1 for executives and managers being transferred from international companies to existing or to start US affiliated companies, O-1 for extraordinary ability people in business, art, science, athletics, science, TN visas for Canadians and Mexican professionals, H-2b for seasonal workers, P-1 for professional and some amateur athletes, J-1 for interns or trainees.E-2 for investors/owners from treaty countries.

For a typical non-immigrant or temporary work visa, an employer serves as petitioner also called sponsor and the foreign national is the beneficiary. The designated sponsor is an employer that has a position that meets the qualification of a particular visa.

How can I apply for a work visa on my own?

Employment visas require an employer to be the petitioner and you to be the beneficiary. This requires a job offer. The only employment related visa that does not require an employer is the Extraordinary Ability Permanent Residency Visa also called the EB-1 Green card. Agents can file on behalf of athletes and entertainers.

Can I hire someone to assist me in processing my papers?

Yes. But it should be a licensed attorney. US Immigration law is very complex and changes regularly. Many cases differ because of the numerous factors that may occur in different visas, occupations or employee or individual’s backgrounds.

What documents do I need to submit?

This varies based upon the visa. Some may require a letter detailing the terms of the position and in some cases a contract, appropriate forms, possibly expert letters, evidence to support the regulations such as newspaper clippings or awards, union or no objection letters, transcripts, diplomas, passports, etc. The burden is on the petitioner to submit the appropriate documents to prove it meets the criteria for the visa.

How long do I wait for my papers to be processed?

Some but not all of the temporary or non-immigrant work visas have premium processing option of processing in less than 15 days, the non-premium track can take a few months. Permanent Residency can take a number of years due to backlogs in the system. Some countries are longer than others in certain green card categories. Some temporary visas can be extended while Green card processing is pending.

Where can I check on the status of my application?

Once you receive a receipt number from your submitted case you can check the status of the case at http://www.uscis.gov/portal/site/uscis. If the case was filed using premium processing service, you will receive a telephone and e-mail address to check.

Can I come to the USA on a tourist visa to find work?

It is permissible to look for jobs under a tourist visa. You can enter the U.S. on a tourist visa to explore work opportunities such as interviewing for jobs, speaking engagements, compete to a certain extent in athletic tournaments, or initiate investment into a company. However, you cannot work without a work visa. If you visit on a work visa, it is improper to immediately seek a change of status to a work visa, but must wait sixty days to change your intent from visitor to worker.

What happens when an employer asks me to work immediately without a valid working visa?

Both of you are at risk. The employee may be deported. This may not happen immediately but after years of lawful visa holding status. It could be discovered on a tax return or payroll slip. The employers have much more liability now than ever before. Immigration’s enforcement unit ICE may make inquiries of I-9 compliance for all employees or raid a work place. Social Security may issue no match letters. Hiring someone without a visa could mean civil penalties or criminal prosecution for employers.

If you choose to work without a valid employment visa, the risks are:

• Denial of Permanent Residency or Citizenship
• Deportation and/or Voluntary Departure
• If caught you would likely go to jail until either of things happened

Aside from obtaining a work visa, how else can I reside in the USA?

The options are Employment based, Investor or Family Based. Investor visas are available under the EB-5 category for investors and their immediate family under 21 years of age. This requires either an investment of $1 Million or $500,000 into an American company that will create 10 jobs within 2 years. Another option is the family based Green card. There are several categories for various types of relatives. The time frame for obtaining them varies depending on the closeness of relations.

How can my partner / spouse or children who work and live in the USA sponsor my residency?

In the family based Green card context, it must be US Citizen or Legal Permanent Resident who make enough money and are willing to take responsibility financially to support you. The Sponsor has to execute a legally binding affidavit of support for the Beneficiary, in which the Sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the Beneficiary has become a U.S. citizen or has worked in the United States for 40 qualifying quarters.

Who can I sponsor when I receive my residency?

You can sponsor your spouse and children under 21 years old. You cannot sponsor foreign national spouses married after you obtain residency.

Upon getting my work visa, can I get permanent residency and acquire citizenship?

You can get apply permanent residency, but you have to qualify under one of the enumerated criteria. Employment Based: EB-1, Extraordinary Ability, Multi-National Executives/Managers, Outstanding Professors or Researchers, EB-2 Advanced Degreed Professionals and Exceptional Ability as well as National Interest Waivers, EB-3 Skilled Workers, EB-4 Religious Workers and other types, EB-5 Investors. Family Based. You must not be convicted of certain crimes, have been a member of certain organizations or suffer certain diseases.

You can acquire citizenship after 3 years under a family based permanent residency visa or 5 years under employment based you can petition for citizenship. You must be able to pass a test and speak English as well as not be convicted of certain crimes. You must not be convicted of certain crimes, have been a member of certain organizations or suffer certain diseases and take an oath of allegiance to the United States of America.

Where can I find information on residency and citizenship?

We offer a comprehensive list of visas and their requirements at www.OnLineVisas.com. I also serve as editor ofwww.ImmigrationMagazine.com, where you can learn tips and commentary on Immigration issues and visa processing.

How long is the validity of the work visa before it expires?

This varies with the visa. An H-1b has a three year duration with extensions available for additional three years unless pending green card, then one year extensions if green card initiated one year prior to expiration of second extension. O-1 visas can be approved for three years and approved typically in 1 year increments as long as employment is available thereafter. P-1 visas are granted up to 5 years but can be extended indefinitely. TN visas can be issued for up to 3 years. E-2 visas are granted in initial phases for 1 or more years but can be extended indefinitely in various increments. L-1A visas are valid for typically 3 year increments with a total of 7 years, L-1B visas are valid up to 5 years.

What will my proof of visa be?

If changing status from one visa to another in the United States, USCIS will provide you with an approval notice called an I-797 which will contain an I-94 card for you to attach into your passport. Once you leave the United States, you are required to visit a US Consulate. There you can get a visa with your picture scanned into your passport.

How long can I stay outside the country before my Green Card expires?

Generally one year.

Does the USA have single and multiple entry visas? If so, how do I get multiple entry?

The US has both single and multiple entry visas. Typically work related visas are multiple entry visas and some visitor visas. It is automatic with work visas. There is a choice when selection travel documents (also called advance parole) during the pendency of a permanent residency or Green Card petition.

How can I transfer my sponsorship from one employer to the next?

It requires the filing of a new visa. Transfers are typically less complicated to receive but do have the same filing fees. You cannot change employers and continue on your original visa even if you have time left on your visa.

Is there a grace period to renew employment visas?

No for most visas, with a few exceptions such as the J-1 visa.

After my work visa expires how can I re-enter the USA and accept a new job?

You can stay in the country if you file for an extension prior to the expiration. However, if it expires you must leave the country and re-enter on a new visa.

How do I make sure I don’t get banned from re-entry?

If you are out of status for more than 180 days you will get barred for 3 years. If you are out of status more than a year you will be barred for 10 years.

What are the government fees I have to pay for while I’m on my work visa?

All visas have some filing fees. I-129 fees are $325. Some visas have additional fess like the H-1b which has $500 anti-fraud fee and either $750 (less than 25 employee) or $1,500 (more than 25 employees.) L-1 visa has additional fees of $500. Green card visa for employment based have filing fees of $580 while family based fees are $420. Adjusting status to Green Card requires $1,070 for each person over 16. Others vary as well.

If my passport expires before my visa expires, what should I do?

Apply for a new passport and carry both with you. Many people use a rubber band to bind them together.

Will an expat’s child born in the USA acquire citizenship?

Yes. All persons born in the United States are citizens.

I am American currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in the USA?

Typically, you would need to get married to the foreign national to provide that person permanent residency status. However, if not married that person can obtain his or her own visa to live and reside in the United States if qualified under the various visa options.

◄ IMMIGRATION EXPERT IN THE USA ►

Free Immigration Strategy Award Winning Immigration Law Firm Flat Fee Immigration Visa Pricing Jon Velie has practiced Immigration law for 18 years. His firm Velie Law Firm is an American Bar Association Award winner and has been declared an innovator of the legal industry when it launched www.OnLineVisas.com. Jon is the editor ofwww.ImmigrationMagazine.com. Velie Law Firm provides free Immigration Strategy and Flat Fee Prices. Contact Jon today at [email protected] or 405-310-4333 if you have an immigration questions or needs.

Which industries employ expats in the UAE?

Foreigners are employed by private companies in all industries in the UAE. Government and semi-government companies prefer to hire UAE nationals.

What are the types of employment visas offered in the UAE?

An employment entry permit must be obtained in order to enter the UAE for the purpose of employment. Within 60 days of arrival, all post-arrival immigration procedures must be completed and a labor card and residence permit must be obtained.

For short-term employment of up to 90 days, a mission visa can also be an option. Companies registered with Ministry of Labor (outside a free zone) can apply for a mission visa for their employees.

Some free zones in Dubai provide temporary work permits for visitors arriving on short and long term visit visas (30 and 90 days) which allow visitors to perform productive work during their stay in Dubai.

Are the immigration laws in Dubai different from Abu Dhabi?

Immigration rules are variable among 7 Emirates and also within an Emirate. In Dubai, for example, the main immigration rules are the same although there are slight variations between regulations of zone authorities.

How can I get an employment visa?

A foreigner’s sponsoring company is responsible for arranging an employment entry permit for the foreign employee. Private companies registered with the Ministry of Labor, must obtain the ministry’s approval and arrange a bank guarantee prior to applying for the employment entry permit on behalf of a foreigner. Companies registered under free zones do not need ministry approval and may apply for the permit directly.

Based on the employment entry permit, the foreigner will be able to enter the UAE and arrange post-arrival immigration procedures such as a completing a medical check, obtaining a labor card, a residence permit and an Emirates ID card.

Can I apply for an employment visa on my own?

No, you cannot apply for an employment visa on your own. The sponsoring company must do this for you.

Who can I hire to assist me in processing my papers?

You can turn to Move One Relocations for guidance on Immigration to the UAE.

What documents do I need to submit?

Passport, photos and a legalized educational certificate will be required from your side, while your employer will have to submit an employment contract and various corporate documents (trade license, establishment card, etc).

If family members are joining you, you will need to submit legalized birth and marriage certificates for them.

How long do I have to wait for my papers to be processed?

For employment at a private company registered with the Ministry of Labor, pre-arrival procedures take around 1 week and the residence permit and labor card can be granted within approximately 30 days after arrival. Latest within 60 days of arrival all post-arrival immigration procedures must be completed.

For employment by companies registered under a free zone, the application procedure varies slightly to that of private companies, and has a shorter processing time after arrival of around 15 days.

Authorities can extend or shorten processing times according to their requirements. Processing time can be expedited for certain steps in the immigration process by paying additional fees to the authority.

Where can I check on the status of my application?

If your company is registered under a free zone, the status of your application can be checked with Government service office in that free zone. For private companies registered with Ministry of Labor, the progress of your application can be monitored online or by following up with the authority.

What will my proof of employment visa be?

An employment entry permit is issued as an A4 paper size certificate and must be submitted to authorities along with other requirements for post arrival service. As a result, a residence permit is issued as a sticker in the passport, and a labor card is issued as a separate plastic card.

What are the government fees I have to pay for while I’m on my work visa?

Government fees vary depending on the type/registration of the company (government, semi-government, private, free zone companies, etc). Fees are covered by the sponsoring company.

How long is the validity of the employment visa before it expires?

An employment entry visa is valid for 60 days from the date of issue and 60 days from the date of entry.

Labor cards and residence permits are issued for up to 2 years for employment by private companies registered with the Ministry of Labor, and for up to 3 years for employment by companies registered in a free zone. It is possible to extend the permits.

If my passport expires before my employment visa expires, what should I do?

An employment entry permit is not issued beyond passport expiration. Upon application, the passport must be valid for at least six months past the start date of the permit. In case this criterion is not met, you will be asked to renew your passport.

If your passport expires before your issued residence permit, the passport must be renewed and the residence permit must be transferred to the new passport (government fees will apply).

When my employment ends, how can I re-enter the UAE and accept a new job?

Upon labor card and residence permit expiration, in case your company is extending your work contract, you may extend your permits in the country. There is no need to extend the employment entry permit.

In case of a new employer, you can either transfer your permits to the new company or ask your previous employer to cancel your permits first then have your new employer apply for your new permits. Transfer is applicable only in certain cases (government/semi-government to government/semi-government or to free zone and vice versa). In most cases, the previous employer must cancel the employee’s permits and the new employer will need to apply for new permits. The employee doesn’t have to exit the country. Change of sponsorship must take place within 30 days from the date of cancellation of previous residence permit otherwise overstaying fines will apply.

In case an employee working for a private company registered with the Ministry of Labor leaves his/her job without completing two years with the employer, a six-months work ban can be imposed by the company, during which time the individual is not allowed to work in the UAE. The work ban can be lifted under certain circumstances.

Is there a grace period to renew employment visa?

For employees of private companies registered with the Ministry of Labor, labor cards must be renewed within 60 days and residence permits must be renewed within 30 days of their expiration date otherwise fines will be applicable.

For employees of free zone companies, labor cards and residence permits must be renewed within 30 days.

Can I come to the UAE on a tourist visa to search and apply for jobs?

In general, whoever comes to the UAE on a Visit (not Tourist) visa can change the status into residency without exiting, however, employment entry permit will still need to be issued.

Tourist visas cannot be transferred directly into residency and person will have to exit and re-enter the UAE based on an employment entry permit.

What happens when an employer asks me to work immediately without an employment visa?

In case illegal workers are found at a company during a routine labor inspection, the fine is calculated based on many factors, and may reach 50,000 dirhams (approximately 13,600 US dollars).‎

How do I make sure I don’t get banned from re-entry?

You must make sure to follow the law. A permanent residency ban may be imposed on serious labor offenders, such as illegal or absconded workers, illegal aliens or convicted felons.

How can I transfer my employment visa from one employer to the next?

You can apply for change of sponsor at any time if you are working for company registered under a free zone. In case you are working for a private company registered with the Ministry of Labor you can only leave your job/transfer sponsorship if you have completed two years with your employer. If you have not completed two years with your current employer, you will be automatically banned by Ministry of Labor for the period of six months. Furthermore, in case of a limited contract, your company may impose a one year work ban. If both bans are applicable, the total period within which an employee will not be allowed to work will be one year.

The regulations related to private companies registered with Ministry of Labor describe certain cases when an automatic six months ban can be removed, but the one-year ban cannot be removed at all.

Aside from obtaining an employment visa, how else can I reside in the UAE?

You can reside in the UAE as a dependent, sponsored by a UAE resident. In such case you need a dependent visa to enter the country and obtain a residence permit based on that.

How can my partner / spouse or children who work and live in the UAE sponsor my residency?

How can my partner / spouse or children who work and live in the UAE sponsor my residency?

Your family member working in the UAE must receive a salary of no less than 4,000 dirhams (approximately 1,090 US dollars) in order to sponsor your residency as a dependent. Following family members may be sponsored as dependents on a residence visa: spouse, unmarried daughters, sons under the age of 18, step children and adopted children, parents, parents in-law. Sponsoring adopted/step children, parents and parents in-law are subject to the approval of the Humanitarian department in General Directorate of Residency and Foreigners Affairs.

Employees falling into some job categories are not able to sponsor their family’s residence visa to the UAE, even if minimum salary requirement is met.

How can I get a job soon after my family sponsors my residency?

If you find a job as a dependent, you can change your sponsorship from being sponsored by your family member to being sponsored by your employer.

A female employee has the option to remain sponsored by their family member while working for an employer. If a female employee decides to remain on husband’s/father’s sponsorship, the company will need to apply for a labor card for her as non-sponsored staff (staff remaining on husband’s/father’s sponsorship). In this case the sponsoring family member (husband/father) must provide a no-objection certificate (NOC).

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

Permanent residency and citizenship will be granted to the wife of a UAE national after a period of time. The husband of a UAE national is not eligible for citizenship. If a mother is a UAE national, her children might get citizenship under certain circumstances. It is generally not possible to get UAE citizenship in any other cases.

Will an expat’s child born in the UAE acquire citizenship?

Birth within the territory of the UAE does not automatically confer citizenship. If a mother is a UAE national, her children might get citizenship under certain circumstances.

I am a UAE citizen currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in the UAE?

If you are married, you can sponsor your partner to join you in the UAE based on a dependent visa and residence permit.

Wives may only sponsor husbands under certain circumstances and with prior approval by the General Directorate of Residency and Foreigners Affairs. In most cases, approval is guaranteed if the wife/sponsor has a profession of strategic and economic importance such as teachers or medical profession.

Where can I find more information on work visa, residency and citizenship?

You can find a comprehensive immigration overview for the UAE on Move One’s website HERE.

What should I do to have a successful relocation?

You should plan your move well in advance in order to allow enough time for the processing of your permits.

In which countries are UAE citizens exempted from visa when travelling? – For tourism purposes only

UAE has agreements on visa free travel with numerous countries. You should contact the local embassy of the country you wish to visit to confirm your visa requirements.

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Founded in 1992, Move One Inc is a multiple award winning integrated assignment and moving management company, providing seamless international relocation, removal and logistics services across the globe.

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With almost 20 years of experience we have built a solid reputation in the industry for excellent service delivery, technological innovation and value for money. The organisation is renowned as a reliable, responsive and innovative partner within the industry, and Move One is proud of its reputation for knowledge and excellence in the field of immigration. Our services include:

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Please note that this is general advice, and may not apply to all circumstances. It’s wise to seek professional advice that takes into account your particular circumstances.

Which industries employ expats in Argentina?

As long as the applicant is compliant with Argentina’s immigration laws, the opportunities will depend on the skills that person has to offer to the industry they pretend to explore.

How many kinds of employment visas are there?

These are the following visas Argentina has: Migrant Worker, Renter, Pensioner, Investor, Scientist, Artist or Sportsman, Special Cases, Religious, Medical Treatment, Students, Academics, Asylum & Refugee, Humanitarian Reasons, Temporary Family Reunification.

How can I get an employment visa in Argentina?

Essentially an employer must first extend a written work-offer to a foreign applicant and basic requirements must be met.

Can I apply for an employment visa on my own?

The applicant must first find an employer who would be willing and able to offer that person some type of employment opportunity. In that case the applicant can offer its future employer to pay themselves for the costs of obtaining a worker visa. The only case where someone may employ himself would be by creating an Argentine corporation and meeting the Investor visa requirements which among others requires an approximate investment of AR$1,500,000.00 in Argentina.

Who can I hire to assist me in processing my papers?

A licensed and practicing Attorney who is listed with its country’s Immigration agency should be the applicant’s safest option.

What documents do I need to submit?

The documents an applicant will need to obtain will vary on a case per case basis. However, all visas require, besides paying the application fees, the applicant to prove having a clean domestic and foreign criminal background as well as a valid passport with its Immigration tourist visa stamps which must not be expired.

How long do I have to wait for my papers to be processed?

The time will depend on each visa and the waiting period can run from a few months up to two years. However, temporary residency may be granted immediately.

Where can I check on the status of my application?

All applicants can visit Argentina’s immigration offices in person or by retaining an immigration lawyer.

What will my proof of employment visa be?

The employment contract celebrated between employer and employee is an applicant’s best proof.

How long is an employment visa valid before it expires?

The expiration of a visa depends on the offer an employer has granted to the applicant.

If my passport expires before my employment visa expires, what should I do?

Once a passport expires it must be immediately renewed at the applicant’s nearest country consulate.

When my employment visa expires, how can I re-enter Argentina and accept a new job?

The Applicant will have to follow the same process all over again. Extensions may be granted by petition.

Is there a grace period to renew employment visa?

There is no grace period once an employment visa has expired. It should be renewed before its expiration date.

Can I come to the Argentina on a tourist visa to search and apply for jobs?

The most recommendable situation would be to arrive with a firm offer.

What happens when an employer asks me to work immediately without an employment visa?

Applicants should always make sure that their employers are abiding with what the immigration and employment laws require. Once an offer is extended, an employer should verify that the applicant can legally work in the country. Otherwise, applicant should request its employer to start the process of regularizing the employment relation between both parties.

How do I make sure I don’t get banned from re-entry?

The best way of being compliant with the DNM is by reading Argentina’s immigration laws; another option can be by visiting the DNM offices and its website to later ask questions by phone, or seeking the advice of a qualified Immigration lawyer.

How can I transfer my employment visa from one employer to another?

A new application must be filed all over again.

How can my partner / spouse or children who work and live in Argentina sponsor my residency?

A family member can support any foreign family member by requesting a Family Reunification Visa.

How can I get a job soon after my family sponsors my residency?

All applicants can start searching for opportunities upon formal approval by Argentina’s Immigration Office.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

This process will depend on a case per case basis but it is frequent for those who obtain permanent residency to want to obtain Argentine citizenship. In certain cases it can be obtained.

Does Argentina have single and multiple visa entries? How do I get a multiple visa entry?

Argentina has visas extended for a certain period of time or until a certain event takes place.

Will an expat’s child born in Argentina acquire citizenship?

A child who is born in Argentine territory will acquire automatic Argentine citizenship with no other requirement other than simply obtaining a valid birth certificate.

I am Argentinean currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Argentina?

The legal available options would depend on the partner’s qualifications. For more information, visit www.limeres.com.

◄ IMMIGRATION EXPERT IN ARGENTINA ►

Mr. Sebastian Limeres, Esq. is the founding partner of a young and energetic law firm that unites attorneys with unique and unmatched skills; the law firm’s fees are extremely reasonable and down to earth. Absolutely all the staff has lived and worked in the United States of America; others have also lived and worked in other metropolitan cities of the world: The firm has the policy to only work with lawyers who can understand its clients’ culture and language.

The main reason why so many foreign clients retain his legal counsel is because he can understand them much better than most other local attorneys who have few if no U.S. experience at all. This is due to his bicultural experience of having lived in the San Francisco Bay Area, the Silicon Valley and Manhattan while in the USA, as well as Buenos Aires Downtown while in Argentina. Mr. Limeres normally travels back and forth every month, and is in constant contact and up to date with both cultures.

Limeres, Barassi & Ves Losada – Attorneys specializes in offering a broad range of legal services in the Argentine Republic. The firm has been profiled as the number one option for the foreign communities residing in Argentina and due to this fact we have been retained only in 2010 and 2011 by clients from diverse places around the world such as Russia, India, China, Brazil, United Kingdom, Japan, Taiwan, Ireland, Canada, Mexico, France, Spain, Uruguay, Australia and Ukraine among other countries.

E: [email protected] W: www.limeres.com

How many kinds of employment visas are there?

There are many types, addressing many circumstances. The most common are 457 temporary work visas, Employer Nomination Scheme (ENS) permanent visas, and its regional version the Regional Sponsored Migration Scheme (RSMS).

How do I apply for an employment visa?

Employer sponsored visas normally involve a three stage process, with the sponsor being approved to sponsor, nominating a skilled position, and finally the applicant lodges their application. A registered migration agent should be able to advise you and your employer on the process, advise if you are eligible, and set out the documents required.

Can I hire someone to assist me in processing my papers?

Yes, a Registered Migration Agent can assist you with the process.

What documents do I need to submit?

The documents depend on what visa you apply for, where you apply, and what your circumstances are. Generally you will need documentary evidence of who you are (eg. Passport), what your skills are (eg. Diplomas), show your relationship to any dependents included in the application (eg. Marriage certificate), and show you are healthy and of good character (eg. health checks and police clearances).

How long do I wait for my papers to be processed?

Visa processing depends on the type of application. Some temporary visas are processed in 4 to 6 weeks at the moment, and some permanent applications take 3 years or longer. Processing times also vary over time.

Where can I check on the status of my application?

Immigration has a portal to allow you to track the progress of some visas which have been electronically lodged. As the status of applications is rarely updated, they are generally of very limited value.

What will my proof of visa be?

Most visas are electronically recorded now, and no label is required in your passport. Airlines and employers (amongst others) can access your visa details online.

Can I come to Australia on a tourist visa to find work?

Yes, you can look for work on a tourist visa but you cannot do any work, paid or unpaid, including work trials.

If I chose to work without a valid employment visa, what are the risks?

The risk is that you will be detained, your visa cancelled, and you will be removed from Australia, and may be subject to re-entry bans. You may also affect your chances of ever migrating to Australia.

Aside from being sponsored by my employer, what are my other options in order for me to reside in Australia?

There are skilled visas which are independent of any sponsor, state sponsored visas, family visas and many others. A registered migration agent should be able to advise you on the best option. Generally, a sponsor will be a resident of Australia. Australian residents can generally sponsor their partners, and in some circumstances they can sponsor their parents.

Upon getting my employment visa, when can I get permanent residency and acquire citizenship?

Some employment visas are permanent residency straight away – others are temporary visas. There is a very common pathway from a 457 temporary work permit to a permanent employer sponsored visa after 2 years on the 457, if your employer will sponsor you again, but it is not the only option. Generally you can apply for citizenship after 4 years residence in Australia, with the last 12 months as a permanent resident.

Where can I get information on residency and citizenship?

A registered Migration Agent can assist. For those looking for self help, the Immigration website www.immi.gov.au is quite helpful, and well organized. There are a number of ‘self assessment’ tools on agent websites and also the Immigration website, but they are rarely reliable in my experience.

Can I get a job if my residency is sponsored?

You can seek a job in Australia any time. Residency visas generally allow work. Make sure you familiarize yourself with any work restrictions on your visa. The visa grant information accompanying your visa should set out any work restrictions.

How long is the validity of a work visa?

Make sure you familiarize yourself with the visa expiry date. The visa grant information accompanying your visa should set out the visa validity dates. If you do have a label in your passport, the visa validity dates will be printed on it. It is your responsibility to monitor your expiry date. Immigration will not remind you!

How long can I stay outside Australia before my visa expires?

It depends on all the circumstances. Most visas expire on a certain date, regardless of whether you are in or out of Australia. If your visa is subject to conditions that require you to be in Australia (employment or study for example) and you are out of Australia for a period that is inconsistent with that, it is possible that your visa may be cancelled.

Does Australia have single and multiple entry visas? If so, what should I do to get a multiple entry?

Yes, visas can be single or multiple entry. If you want a multiple entry tourist visa, you should make sure you request it. Work visas are generally multiple entry, however the visa grant information accompanying your visa should set out this information. Make sure you read it carefully.

How can I transfer my sponsorship from one employer to the next?

A 457 temporary work visa can be transferred from one employer to another approved sponsor by lodging a new nomination with Immigration.

Is there a grace period to renew employment visas?

No. If your visa expires you become unlawful and subject to detention. Make sure you monitor your visa validity dates. If you lose your job while you are on a 457 temporary work visa, Immigration policy is that you have 28 days to find a new sponsor (or apply for another visa or leave the country). It’s important that you have a valid visa at all times.

If my work visa expires, how can I re-enter Australia and accept a new job?

If your visa expires in Australia you will become unlawful. To enter Australia you will need to apply for, and be granted an appropriate visa.

How do I make sure I don’t get banned from re-entry?

It’s important to read and understand the conditions on your visa, and adhere to them. If you breach a condition of your visa, it may be cancelled, you may be subject to re-entry bans or you may affect your chances of being granted another visa. Immigration are well aware of the common frauds on the system, including dual nationals who carry two passports in slightly different names, people who misrepresent their work history, and people who abuse their work conditions. Almost every week I accompany these people to Immigration to try to get them out of the hole they have got themselves into. It’s much easier (and cheaper for you) not to dig the hole in the first place.

What are the government fees I have to pay for while I’m on my work visa?

Some visas require that you maintain health insurance while you are in Australia. You are expected to pay tax, like any other resident. Tax rates can be found at www.ato.gov.au. Visa processing fees vary according to the visa you are applying for – the Immigration website is helpful, seewww.immi.gov.au.

If my passport expires before my visa expires, what should I do?

It’s wise to keep your passport current while you are overseas, in case you need to travel urgently. If you get a new passport, make sure you inform Immigration who will link it to your electronic visa record. This will avoid any delays at airports etc. Generally your visa will remain valid to its expiry date even if your passport expires sooner.

Will an expat’s child born in Australia acquire Australian Nationality?

If you are a permanent resident of Australia, children born in Australia are eligible for Australian citizenship. Otherwise they are generally eligible for the same visa you hold. They may also be eligible for citizenship(s) you hold, depending on the rules of that country.

I am Australian currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Australia?

You need to apply for a partner visa, and prove the relationship to Immigration. Your partner will need to intend to live in Australia, and must meet health and character requirements. As their sponsor, you need to be able to meet your sponsorship obligations to support your partner.

◄ IMMIGRATION EXPERT IN AUSTRALIA ►

Australian Migration & Visa Lawyers is one of Australia’s largest independent multi-service migration firms, providing professional assistance to people throughout the world who wish to migration to Australia. We have Registered Migration Agents based in offices in Australia, Ireland and Asia combining over 50 years experience in migration. With Australian Migration & Visa Lawyers you can expect: Expert Advice, Responsible Solutions. E: [email protected] W: www.australianmigrations.com

Can I come to Brazil on a Tourist Visa to find work and start work instantly?

Tourist visa is granted to foreigners who come to Brazil for leisure, tourism or sightseeing. The trip cannot be realized under the purpose of immigration and this type of visa does not allow the work of the foreigner in Brazil.

What happens when a tourist visa is used to look for jobs?

The best option is to obtain the business visa, temporary visa item II, that allows meetings inside the Brazilian companies. The only concern in that case is the Federal Police see this foreigner, under an investigation procedure inside the company, and question the real motives of entry in the country with a visa that allows tourism (that theoretically is to be in places like beaches and tourist points), and be find inside a company.

What happens when an employer asks me to work immediately without a valid working visa processed?

Working in Brazil in favor of a Brazilian company with a business or tourist visa, even if for a short period of time, may be considered illegal and may be subject to a fine for the Brazilian company, as well as mandatory departure of the foreigner from Brazilian territory. The director of the company can be also judge in a criminal process.

Can I apply for an employment visa myself?

That is not the best option, not because I am an immigration lawyer, it is really because the law is very extensive and with a lot of details and immigration matters and implications, better is to contract a specialist to help you in this matter.

What are my options in getting an employment visa?

Some steps must be taken to ensure safe legal stay in Brazil, such as:

1. Request the appropriate work permit before Brazilian immigration authorities
2. Acquire the visa at the Brazilian consulate
3. Entry the country and registry before Brazilian authorities

What is the timeline for processing my application?

By law, the timeline for processing the application by the Ministry Of Labor is up to thirty days, postponeable by the same amount of time, with adequate justification. In practical terms, the process takes around 45 days to be judged.

What is the system in sponsorship for work visa?

The Brazilian Company is responsible to require the visa, and the visa belongs really to the Brazilian company, not the foreigner. If the Brazilian company decides to fire the employee, the foreigner must leave the country because the main reason to stay here in Brazil working is not valid anymore. The designated sponsor is the Brazilian company and the validity of sponsorship could be from 90 days to 5 years, depending on the visa.

Besides being sponsored by my employer, how else can I get a residency visa?

Based on work - Temporary visas are:

• Technical Services - (Normative Resolution No. 61/2004)
• Job training for foreigners working for companies headquartered in Brazil (Normative Resolution No. 79/2008)
• Work contract with a Brazilian company (Normative Resolution No. 80/2008)
• Professional training for companies of the same economic group (Normative Resolution No. 87/2010)
• Work exchange program for students or recent graduates (Normative Resolution No. 94/2011)

Based on work - Permanent visas are:

• Representative of private or public companies, trade group or financial conglomerate (Normative Resolution No. 62/2004)
• Foreign private investor (Normative Resolution No. 84/2009)

Can someone who is not a local sponsor my residency?

Yes - Permanent residency request to stay in Brazil can be also based on marriage to a Brazilian citizen, Permanency based on child born in Brazil, Family Reunion with someone who already leaves here, Stable union for couples that are not married under the law just live together as family without distinction of gender (Normative Resolution No. 77/2008).

Who can I sponsor when I receive my residency?

Dependents: children under 18 and spouse, and family in general that depends economic of the owner of the visa, each case must be analyzed to check if it is possible.

What happens to an expat’s child born in the country?

Children of expats born in Brazil will obtain Brazilian nationality. Children need to be registered at the Brazilian Notarization – Cartório de Registro Civil.

How long can I stay outside the country before the visa expires?

If the foreigner stays more than 2 years outside Brazil without entry in the country loses the visa, even if it is permanent visa.

How can I transfer my sponsorship from one employer to the next?

It is a process that takes 6 months more or less, and requires that the new company and the older company present several documents to justify this change. It is easier to require a new visa authorization for the same person in the new company, and faster.

Is there a grace period to renew employment visa?

The Brazilian legislation determined on article 8 of Normative Resolution No. 74/2007 that a grace period of 90 days should be observed, as of the expiry of a work permit or as of its canceling, for a new application for work permit for the same person by the same company. This provision does not apply in the following situations:

• Whatever the new visa type is, if the previous authorization referred to the 90-day technician visa (foreseen in Normative Resolution No. 61/2004, art. 6th, of the National Immigration Council).
• If the new authorization is to hire the foreigner (temporary visa with labor agreement by the Normative Resolution No. 80), and the previous authorization was that of a technician visa (based on Normative Resolution No. 61.

How do I make sure I can re-enter Brazil after my visa expires?

Observe the visa validity, and extension process of the visa, if the visa expires you must leave the country immediately. The penalty to stay illegal is to pay a fine, and if the foreigner doesn’t leave the country will be deported. But that is the only penalty, if he came back with a valid visa he will enter normally without any problem.

What are the government fees I have to pay for while I’m on my work visa?

You will pay taxes like any other Brazilian worker. Fees for taxes and visa processing depends if you hire a lawyer. The other government fees I need to consider would be only R$16,93 reais per foreigner included in the visa.

◄ IMMIGRATION EXPERT IN BRAZIL ►

UNION IMMIGRATION SERVICES Union Immigration Services is recognized as a specialized immigration consulting, rendering services related to the legalization and obtainment of permanent and temporary visas for foreigners in Brazil, offering customized assistance for natural persons, national and multinational companies. Union professionals are dedicated in aiding the client, emphasizing in excellence, respecting the cultural aspects of each nationality and committing themselves in the success of every client and their immigration procedures. With the objective to provide the assistance on expatriates’ transfers to Brazil, we offer customized Relocation services, such as search for homes and schools for children, residential services contracting, tour of the main locations in the city, be it for tourism, commercial or residential purposes. Email: [email protected]

How many kinds of work permit are there in Canada?

“Work” is defined by Citizenship and Immigration Canada (“CIC”) as “an activity for which wages or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market”. In most cases, anyone who wishes to work in Canada must apply for a Canadian work permit.

In general, there are two kinds of work permits in Canada – those that require the approval of the Human Resources and Skills Development Canada (“HRDC”) and those that are exempt from this requirement.

How can I get a work permit in Canada?

First, you must obtain a valid job offer from an employer in Canada. Thereafter, HRDC must provide a labour market opinion for your job offer. Lastly, you must fill out an application form and send it to CIC (along with the required supporting documentation and a fee). For most work permits, you must apply to the Canadian visa office in your country of citizenship.

Who can I get to assist me in processing my work permit?

You can enlist the help of two types of individuals – compensated individuals (considered by CIC to be “authorized representatives”, such as a licensed Canadian lawyer) or uncompensated individuals (such as a family member or friend). In case there are complications with your application, it is best to consult with an authorized representative.

What are the documents I need to submit?

Depending on the type of work permit you are applying for, the requirements may differ. Typically you will need to submit the following:

• Application form;
• Proof of identity for yourself and your accompanying family members (e.g., copy of your passport ID page);
• Proof of employment in Canada;
• Proof of education;
• Copy of your marriage certificate and birth certificates for your family members (if applicable);
• Any other additional documents depending on the visa office specific local instructions of your country of origin;
• Fee payment;
• Copies of any current immigration documents (if applicable);
• Proof of funds; and
• If you come from a country that requires a visa to Canada, you may need to apply for a temporary resident visa.

How long do I have to wait for my work permit to be processed?

Most work permits that are filed out of Canada may be issued within a short period of time but this depends on the particular visa office to which you applied. However, you must always keep in mind that there are no guarantees with any application.

Where can I check on the status of my application?

You can track the processing times for your application on the CIC website:
http://www.cic.gc.ca/english/information/times/temp/workers.asp.

What will the proof of my work permit be?

Once CIC has approved your application, you will receive a work permit – a document that allows you to work at a specific job for a specific employer.

Are there any conditions on my work permit?

Work permits may contain the following conditions:

• Which employer you are allowed to work for;
• The place of employment;
• The job title/type of work you may do; and
• The duration of time you are allowed to work.

How long is the validity of the work permit before it expires?

As of April 1, 2011, you will be able to work in Canada for a maximum period of four years (with a few exceptions).

If my work permit expires and I want to stay in Canada, what do I do?

If your work permit has expired and you would like to remain in Canada, you must apply to do so. You may apply to stay in Canada if your employment has been extended or changes, if you are offered a new job, you would like to live in Canada permanently or if you would like to leave and re-enter Canada.

What if I lose my work permit or it is stolen or destroyed?

A lost, stolen or destroyed work permit may be replaced. You must apply for a certified copy or replacement of the document by filling out an application form and paying a fee.

What happens when an employer asks me to work immediately without a work permit?

You should tell your employer that you are not allowed to work in Canada without a valid work permit.

How can I transfer my work permit from one employer to the next?

A work permit is typically tied to a specific employer for a specific job. In general, if you wish to change employers, you must apply for a new work permit. Do not start your new job without a new work permit.

Aside from obtaining a work permit, how else can I reside in Canada?

There are numerous other immigration options that may be available to you. You should consult a licensed Canadian lawyer to assess the options available to you.

How can I apply for permanent residency and acquire citizenship when I get my work permit?

A Canadian work permit only lets you work in Canada on a temporary basis. If you wish to stay in Canada on a permanent basis, you must apply under a valid permanent resident category. Again, you should consult a licensed Canadian lawyer to assess the more permanent options available to you.

Can my spouse / dependent child(ren) also work in Canada?

If your spouse or dependent children would also like to work in Canada, they must apply for their own work permit. However, in certain circumstances, they may be eligible for an open work permit, which will allow them to accept a job with any employer.

Where can I find more information on residency and citizenship?

You can find more information on residency and citizenship in Canada at the CIC website: www.cic.gc.ca.

Which industries employ expats in China?

China is unique in that English is spoken in many top-level management and highly skilled jobs. China is quite open to hiring expats in a myriad of industries. It’s important to note that industries are usually segregated by regions (ie the South and the coasts boasts more import/export, while high-tech companies can be found North and East, etc). Many expats find it easier to find work in Shanghai, Beijing and Guangzhou. A few industries represented by these 3 large cities include: education, steel, oil, manufacturing, business and financial services, hospitality, comparative law, engineering, sales, marketing, IT, HR/talent management, project management, etc.

What kind of employment visas are offered in China?

There is only one employment or work visa (Z visa) offered by the Chinese government. If you are looking to do an internship, network for a company or conduct business meetings, then a Business Visa (F visa) may suit your needs.

How can I get an employment visa in China?

The first step is to secure employment by finding a job and negotiating salary. Once that is completed, it is the employer’s responsibility to start the employment visa process.

Can I apply for an employment visa on my own?

Getting an employment visa is a 2-part system. Once you secure employment, it is your employer’s responsibility to apply for an employment license. Once you have an Invitation Letter, you may apply for an employment visa. Although there are loopholes to every rule, it is best to follow the guidelines outlined by the consulate.

Who can I hire to assist me in processing my papers?

There are a number of companies that assist in visa processing. We at Tianfen Consulting can assist with the final steps of processing (once you have a letter of invitation).

What are the documents I need to submit?

Step 1 - Employer obtains employment license

All employers, whether they are foreign-owned businesses or local enterprises, must apply for an employment license for hired expats from the labour bureau. The application process requires that the employer prove that the expat is qualified to be hired, and that the employer is qualified to hire the expat. To enable this, it’s necessary to provide employers with certain documents; companies will inform expats of the documents they need, but in the very least the following is required:

• Copy of passport
• Copy of resume or CV
• Evidence of the state of good health as confirmed by a medical examination (request the official “Physical Exam Record for Foreigner” document from your employer, to be signed by your doctor)

Those planning on teaching English in China will need their employers, schools, to obtain a Foreign Expert Work Certificate. This document requires that expats hold a BA degree.

Step 2 - Employer obtains letter of invitation

Next, the employer must apply for a “Letter of Invitation” from the appropriate body in their area; this entity is different in each region. No documents are required from expats for this step.

Step 3 - Apply for work visa (Z)

Once your employer obtains both the “Letter of Invitation” and the employment license they will send this paperwork to you in your home country. In turn, these must be sent to the nearest Chinese consulate along with the completed visa application, passport, photos and the medical examination certificate. It’s possible to use a visa service to submit the application for you. If family members are accompanying you to China then the visa notification letter will be needed for the visa application of each individual family member, along with marriage certificates and birth certificates (depending on the family member). Z-visas are single entry visas that are valid for up to 90 days. You must enter China within this period or the visa will expire. Most people schedule their flight one month after this visa is issued to allow adequate time to arrange all other documents once in China.

Step 4 - Apply for employment permit

Once you arrive in China, your employer has 15 days to apply for an employment permit for you. Again, your company will notify you of the documents they need, but generally your passport, passport photos and your medical examination certificate are required. In some cases, it may be necessary to re-take your medical examination in China at a government accredited health facility, though the original certificate may be accepted. Enquire about what documents you’ll need to bring with you before you leave, employing courier services to send you documents you left behind can be expensive.

Step 5 - Apply for residence permit

Within 30 days of your arrival into China, your employer must register you with the Public Security Bureau and apply for the corresponding residency permit. Once more, your passport, passport photos and your medical examination certificate are necessary.

How long do I have to wait for my papers to be processed?

Processing times vary depending on if you apply for the visa yourself or use a third party to assist. Here is the published schedule on the Consulates webpage:

• Regular service: Visas can be obtained on the fourth business day.
• Express service: Visas can be obtained on the second or third business day (approval required).
• Same-day rush service: Visas can be obtained on the same day. (Visas will be granted in the afternoon of the same day if applications are made before 12:00 p.m., for which approval is required.)

Where can I check the status of my application?

To date, there is no website that allows you to check the status.

What will my proof of employment visa be?

The proof of employment visa will be an insert of the Z visa in your passport.

What are the government fees I have to pay for while I’m on my employment visa?

Expats living in China for between one and five years must pay taxes on income derived from China and on income brought into the country. After five years expats must pay tax in China on their worldwide income, though deductions are applicable if tax is also paid to the home country.

For expats who live in both China and a separate country the total number of days spent inside China is used to determine tax status.

How long is the validity of the employment visa before it expires?

That is determined by the consulate and the sponsoring employer and should be discussed when you negotiate salary. Typically, visas are valid for 12 months - 24 months as determined by the employer and as outlined in the invitation letter.

If my passport expires before my employment visa expires, what should I do?

Get it renewed as soon as you can at the local embassy.

When my employment visa expires, how can I re-enter China and accept a new job?

Re-enter as a visitor while you await the new visa, but don’t work.

Is there a grace period to renew employment visa?

No. It behooves you to get the employment visa renewed as soon as you can.

Can I come to China on a tourist visa to search and apply for jobs?

Yes, but when asked the purpose of your stay at embarkment immigration, state what’s on your visa-tourism.

What happens when an employer asks me to work immediately without an employment visa?

Technically, it’s illegal to work without an employment visa. The punishment, if caught, ranges from fees to jail time to deportment.

How can I transfer my employment visa from one employer to the next?

A new visa is required for each sponsoring employer.

Aside from obtaining an employment visa, how can I have residency in China?

Permanent Residence for Spouse Reunion
Aliens can apply for Permanent Residence for Spouse Reunion if they meet the following conditions:

1. Spouses of Chinese citizens or of aliens having obtained permanent residence in China;
2. Marriage has lasted for five years;
3. Have lived in China for five years in a row, the annual stay in China being no shorter than nine months;
4. Have stable and secured living status and place to live;

Permanent Residence for Those Seeking Reunion with Parents
Unmarried children aged under 18 years old who come to China to live with their parents can apply for Permanent Residence in China if they meet the following conditions:

1. One or both of their parents is or are Chinese citizen(s) and have household registration in China, or one or both of their parents is or are alien(s) with permanent residence status in China;
2. Under the age of 18 and unmarried;
3. Confirmed to have foreign nationality after examination according to Law of Nationality of P.R.C.

Permanent Residence for Investment
Foreign investors can apply for Permanent Residence if they have direct investment in China for three years in a row and have a sound taxation record and meet any of the following terms and conditions:

1. Having made investment of over USD 500,000 in industries of encouraged type as specified in the Catalogue of Industries of Foreign Investment released by the State;
2. Having made total investment of over USD 500,000 in counties in the western part of the country or in counties which are major targets of poverty relief work undertaken by the State;
3. Having total investment of over USD 1 million in the central part of the country;
4. Having total investment of over USD 2 million in China.

Permanent Residence for Employment
Foreigners can apply for Permanent Residence for Employment if they satisfy the following conditions:

1. Having assumed the posts of deputy general manager or deputy director of plants or higher level posts or posts of associate professors or associate research fellows and similar posts for more than four years in a row, and the period of stay in accumulation being no shorter than three years and having sound taxation record;
2. The units where they work should meet any of the following terms and conditions:
   • A: institutions subordinate to the various ministries under the State Council or to the provincial level people’s governments;
   • B: major higher learning schools;
   • C: enterprises or institutions executing major engineering projects or major scientific projects of the State;
   • D: high-tech enterprises, foreign invested enterprises in encouraged type, foreign invested advanced technology enterprises or foreign invested export-oriented enterprises.

Permanent Residence for Outstanding Aliens
This type of Permanent Residence is issued to aliens who have major and outstanding contributions to China or needed urgently by China.

Permanent Residence for Dependents
Aliens can apply for Permanent Residence for Dependents if you meet the following conditions:

1. Persons having no direct relatives abroad entering China to live with direct relatives in China;
2. Over 60 years old, have lived in China for five years in a row, whose annual stay in China being no shorter than nine months;
3. Have stable and secured living status and places to live;

Requirements: If you have questions regarding the requirements for each, please contact us at [email protected].

Does China have single and multiple visa entries?

Visas are either single or multiple entry. This is dependent on what you select, what your employer notes in the invitation letter or by the consulate.

How can I get a job soon after my family sponsors my residency?

Immediately once residency is secured.

Will an expat’s child born in China acquire citizenship?

That is up to the parents. A baby born to a Chinese mother in China will be considered Chinese. A baby born outside of the US to a US parent is considered American. If one parent is an expat, then the parents can decide the citizenship. China and the US don’t recognize dual citizenship with each other, so the parents will need to determine what citizenship the baby will have.

Where can I find more information on work visa, residency and citizenship in China?

You can find more information HERE.

What should I do to have a successful relocation?

Research, research, research and plan. Seek the help of competent cultural consultants. Prepare much of what you can before you go.

How important is it to learn the Chinese language? Which among the Chinese language (i.e. Mandarin, Cantonese, etc) is best to learn?

At Tianfen Consulting, we believe that Mandarin is the *most* valuable as it is the national language. Mandarin is the language for business, government and general getting around.

◄ IMMIGRATION EXPERT IN CHINA ►

About Tianfen 天分 Consulting We are a cultural consulting firm with a myriad of integration points from Educational Services to Business Planning to Strategic Design. While we offer a host of general management consulting solutions in a myriad of areas, our niche lies in analytics and strategy design for HR, Sales, and Marketing. We pride ourselves on staying abreast of the global and economic climates and strive to translate personal experience, academic research and business knowledge into tailored solutions for our clients and partners.   Why Tianfen 天分 Consulting? >> RESULTS DRIVEN We pride ourselves on delighting our customer with quantifiable results. Our goal is to see you succeed. >> QUALITY FOCUSED Excellence is the cornerstone of our principles. Our desire is to create a solution that not only gives you what you want, but what you need. >> CULTURE EXPERIENCED With academic and real-life experience overseas, we strive to put you ahead of the competition with practical cultural nuance understanding. Our core offerings are: * Business Planning * Cultural Consulting * China Visa Prep/Consulting * Educational Services * Strategic Design * EB-5 Visa/Immigration Consulting * Foreign Direct Investment Specialists The Immigration Expert : MONICA MOFFITT Monica Moffitt, founder and Principal Cultural Consultant at Tianfen Consulting, Inc., has traveled the world and enjoys linguistics and all things culture. Having split her career between project management and business analytics, Monica merges logic, fluency in Chinese and creativity in her new role as cultural consultant. She received a Bachelor of Arts in East Asian Studies/Chinese from Vanderbilt University and a Master of Business Administration (International Management and Marketing) from University of Texas at Dallas. She can be reached directly at [email protected].

Which industries employ expats in Denmark?

In Denmark, different schemes are used under which applicants may apply for a residence and work permit. One of the schemes is the Positive List, listing professions currently experiencing a shortage of qualified professionals. If an applicant has been offered a job in one of those professions, they will have easier access to the Danish labour market. The list i.e. includes fields such as academic work, IT and telecommunication, management, social and religious work, sales, purchases and marketing, healthcare and personal care and education.

What are the types of employment visas offered in Denmark?

To work in Denmark, a residence and work permit is required (Nordic citizens are, however, free to reside and work in Denmark. EU/EEA citizens and Swiss citizens also have the right to reside and work in Denmark but they must take certain formal steps).

A residence and work permit may be applied for under several schemes, including i.e. the Positive List (see question 1), the Pay Limit scheme and the Corporate scheme.

In this connection it should be noted that the Pay Limit scheme is the scheme under which most applications are submitted and permits granted - and typically the easiest avenue to obtaining a work and residence permit. When applying under the Pay-limit scheme, your job must have a gross annual pay of no less than DKK 375,000 (approx. USD 67,000) and you must have a written job contract in which salary and employment conditions are specified. Furthermore, your salary and employment conditions must correspond to Danish standards.

How can I get an employment visa?

To obtain a residence and work permit, an application must be submitted to the Danish Immigration Service. Forms are available atwww.nyidanmark.dk. Documentation is also required submitted together with the application form, such as i.e. passport photos, documentation of educational background, employment contract, copy of passport pages, etc.

Can I apply for an employment visa on my own?

Yes, but we generally recommend representation by a Danish legal representative to handle all correspondence with and follow-up action towards the Danish Immigration Service to facilitate the application procedure.

Who can I hire to assist me in processing my papers?

Anyone familiar with the Danish system will be able to provide assistance. However, often questions regarding i.a. employment law may arise in connection with the employment contract to be submitted to Immigration Service and we thus recommend that assistance be rendered by persons familiar with this area and Danish law in general. Furthermore, immigration specialists typically have close contacts within the Danish Immigration Service which is often an advantage.

What documents do I need to submit?

As a minimum, documentation regarding educational background, copy of employment contract, copy of all passport pages and 2 passport photos and documentation of payment of the processing fee. Additional documentation may be required depending on the situation.

How long do I have to wait for my papers to be processed?

The processing time depends on the nature of the application. First-time applications for residence and work permits are higher prioritised than applications for extensions of permits. The service goal for first-time applications is currently approx. 1 month, provided that all necessary documentation is submitted and no additional questions are raised by the Danish Immigration Service.

Where can I check on the status of my application?

You may check on the status of your application HERE, which requires a digital signature (NEM ID).

What will my proof of employment visa be?

When having been granted a residence and work permit, a residence card will be issued to the holder of the permit. This card documents your right to live and work in Denmark.

What are the government fees I have to pay for while I’m on my work visa?

First of all, a processing fee must be paid to the Danish Immigration Service for the processing of the application. The fee depends on the nature of the application.

How long is the validity of the employment visa before it expires?

The validity period of the permit depends on the period stated in the employment contract. A permit can never outlast the period specified in the contract. If no period is stated, a maximum period of up until 4 years will be granted by the Danish Immigration Service.

If my passport expires before my employment visa expires, what should I do?

The passport based on which a permit is applied for must always be valid for three months beyond the planned stay.

When my employment visa expires, how can I re-enter Denmark and accept a new job?

An application for an extension must be filed before the expiry of the current permit. If an application is not submitted until after the expiry of the permit, the permit holder risks being forced to leave Denmark due to illegal residence. Furthermore, in case of the latter a new application must be submitted as a first-time application instead of an application for an extension.

Can I come to Denmark with a tourist visa to search and apply for jobs?

Yes. However, please note that a visa does not allow you to work in Denmark unless the Danish Immigration Service has explicitly granted this right. During visits of less than three months, certain work-related activities may, however, be performed. Furthermore, a visa only grants the right to spend a maximum of 90 days per 6 months in the Schengen region.

What happens when an employer asks me to work immediately without an employment visa?

If you are not a Nordic citizen or an EU citizen, this is illegal, unless a visa is obtained and the activities to be carried out are included in the work-related activities permitted under a visa as stated above.

How do I make sure I don’t get banned from re-entry?

Always apply for extensions prior to the expiry of the current permit.

How can I transfer my employment visa from one employer to the next?

Whenever the employment terms, based on which a permit has been granted, change, a new permit must be applied for. Hence, if you obtain employment elsewhere and are employed by a new employer, a new application must be submitted to the Danish Immigration Service.

Aside from obtaining an employment visa, how else can I reside in Denmark?

If you are married to a holder of a residence and work permit, or are the child of a holder of a permit, you may be granted a residence permit based on your spouse’s / father’s / mother’s permit. An application will have to be submitted along with required documentation.

Furthermore, certain other visa avenues exist for students, refugees and other persons.

How can my partner / spouse or children who work and live in Denmark sponsor my residency?

If you are related to a holder of a permit (married to or a child of a permit holder), you may submit an application for a residence permit as an accompanying family member.

How can I get a job soon after my family sponsors my residency?

Once you have obtained your residence permit as an accompanying family member, you are also allowed to work in Denmark.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

Foreign nationals of 18 years or older, who have held a temporary residence permit in Denmark for at least the past four years, may obtain a permanent residence permit if special requirements are met. See the requirements HERE.

Does Denmark have single and multiple visa entries? How do I get a multiple visa entry?

Once a residence and work permit has been obtained, you are free to leave and return to Denmark. However, your residence permit will automatically lapse if you no longer have a residence in Denmark and are no longer registered at a Danish address in the Central Office of Civil Registration (CPR office) - and you have left Denmark.If you keep a residence in Denmark, certain rules apply as to how long you may leave Denmark without losing your residence permit.

Will an expat’s child born in Denmark acquire citizenship?

No. Only if the mother or the father of the child has Danish citizenship, the child will also automatically become acquire Danish citizenship.

I am Danish currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Denmark?

If you live in Denmark, your spouse, registered partner or cohabiting partner may apply for a residence permit on the grounds of family reunification. However, you and your spouse/partner, as well as your relationship, must meet certain requirements. See further details HERE.

Where can I find more information on work visa, residency and citizenship?

Find further details and background information HERE.

What should I do to have a successful relocation?

It is essential that all required documentation is submitted to Immigration Service when submitting an application for a permit. Otherwise, the risk of the application being rejected or a longer processing time will be significant.

◄ IMMIGRATION EXPERT IN DENMARK ►

TOMMY ANGERMAIR from Danish law firm Kirk Larsen & Ascanius is the head of the employment/immigration law department. Tommy is experienced in providing advice on all aspects of corporate immigration law to corporations and individuals, including advice on residence-and work permits for workers and accompanying family, EU-registration certificates, business visas etc. Tommy specializes in lease of personnel and international secondments and other employment law issues.

Please contact Tommy at [email protected] or +45 9627 1096 for immigration law assistance.

Which industries employ expats in Germany?

Any industry that cannot find a satisfactory person already in Germany. Especially, IT professionals, physicians, and nurses are needed.

How can I get a permit to work in Germany?

You need to find an employer, get a binding offer (= employment contract), then apply for your work permit at the immigration office, receive the permission and only then you may start working. Approval of the permit depends on your citizenship (EU or not) and then qualifications. Generally, when no German or European citizens are available on the labor market for that proposed job, you can get it. Europeans do not need to apply for a work permit and may work for any employer.

It is the necessary to first have a concrete job offer. Until you have either unrestricted work permit or a residence permit, your permit is exclusively restricted to this one employer. You can change employers. This requires that you find an employer, get an offer, and apply at the authorities.

What are the types of work permits offered?

You either have one restricted to your momentary (/potential) employer or an unrestricted one.

Can I apply for a work permit on my own?

Yes, an expat can apply by himself. The expat is always the applicant. If you are not sure what to apply or what is the best strategy best get at least an initial consultation from a lawyer. A laywer’s job in this regard is to make sure the expat overcomes German officialdom. German authorities crave for proof of your story.

What documents do I need to submit?

You will typically have to submit a copy of your passport, job contract, application form, one biometric passport picture and whatever else is needed to support the your application.

Where can I check the status of my application?

That is not possible at all. The authorities will contact you – in 99% of all cases. They usually exaggerate the speed they will employ but they seriously process all applications. However, if you have not heard from any authority for over six months you are entitled to file a complaint in court that the office may decide. If you have not heard from the consulate after three months latest, go ahead and contact them.

What will my proof of employment residence visa be?

At the moment, they are switching from stickers to electronic ID cards. The expat will get either a stamp in his passport or an ID card. Depending on the kind of residence permit, this card will be either blue or bright red.

If my passport expires before my employment visa expires, what should I do?

You have to get your new passport. After obtaining the new one, you have to visit immigration again to have your passport linked to the permit. Best is to make an appointment online.

How can I transfer my employment visa from one employer to the next?

You have to apply for the new employment – almost as if you were applying from home. You will are not allowed to work for the new employer until you have the permit.

Can I come to Germany on a Tourist Visa to find work and start work instantly?

No, never. There is no exception whatsoever. Even when you have a visa waiver, you may only work after you have received the permission. However, since August 2012, academics have the possibilty to enter Germany and live here with the purpose of searching for a job. Click here to read more about this.

What happens when an Employer asks me to work immediately without a valid work permit?

That is illegal and can be fined with up to €300k or imprisonment for the employer and / or employee. Tax evasion or other tax related crimes will be additionally prosecuted. The customs office is the competent body to investigate illegal work “Schwarzarbeit”. You will also be banned from entry for up to five years.

How long does it take to process work / residence permit?

Processing of the papers takes up to two months. The speed varies from state to state in Germany and the country of your origin. You will get a residence permit showing your exact status and explicitly determining whether or not you are permitted to work.

How long is the validity of the work / residence permit?

The validity is typically for one or two years. The permit (=”check card”) will explicitly say so. You may remain with your employer as long as you wish. When you want to change then you will have to apply to do so. Your residence permit exactly distinguishes your status.

Aside from being hired by an employer, how else can I get a permanent permit?

Other options for obtaining a settlement permit, which allows you to work are self-employment (freelancing) and family reunion. The working spouse can always apply for a settlement permit for his direct family (spouse and minor children). When the other spouse works, then this person’s status will be independent. Children can apply for their parents a residence permit under very exceptionally basis and only to prevent an extreme undue hardship. It is imaginable as an ultimate exception that your parents may come in on the grounds of family reunion. However, the requirements are very high.

Can I get a settlement permit when I get my work / residency permit?

You will not get permanent residency upon receiving a visa or residence permit!When five years of employment have passed, you can think of applying for a settlement permit. The other most important details are 60 months of old-age security premiums, clean criminal record, and an integration course. Click here if you are interested in further details.

How long can I stay outside Germany before the work permit expires?

You may leave Germany for at most six consecutive months and then by law your permit becomes ex officio valid. However, you can apply to have that period extended – but only prior to expiration.

Is there a grace period to renew my work / residence permit?

Not really. You have to reapply prior to expiration. Do so several months ahead because offices will not give appointments very quickly. There is only grace for your residential status when you have applied on time but the office needs longer to decide on the application. You must get a special certificate for this. If you apply belatedly then you are in an awful limbo situation – not really legal but also not absolutly illegal.

After my work permit expires in the country, what are the reasons to prevent me from re-entering the country or accepting a new position from the same or another employer?

The most obvious reasons you can’t re-enter Germany would be:

• not applying.
• being banned from the country.

What are the fees I have to pay for while I’m on my work permit?

Permit fees are around € 100 – 200 per person and depend on the kind of applied residence. Taxation depends on your taxable income. Taxation starts with 14% and goes up in brackets to 45%. For more on taxation, please click here.

Other government fees you need to consider depends on what you do. You will have to consider paying fees for public TV, radio, and computer with internet access. For more on GEZ click here.

How can my partner / spouse or children who work and live in Germany sponsor my residency?

The concept of “sponsorship” is not known in Germany. The applicant has to have the reason for living in Germany. If the breadwinner is married and has children it will be possible for the family to follow. This will be true if the salary suffices for all to live off. In legalese, this is called “family reunion”.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

You have to write a letter that you apply for permanent residency and show that you meet the requirements. If wish to know the requirements for citizenship and permanent residency, click here.

I am German currently living overseas with a partner having a non-European nationality. What are the requirements for my partner to be able to reside with me in Germany?

Your spouse has to apply for a residence permit for family reunion to a German. The spouse is entitled to it.If your spouse wants to work in Germany, then it might make sense that your partner independently applies for a residence permit.

Where can I find more information on work visa, residency and citizenship?

Legal Guide to Germany, www.lg2g.info.

Will an expat’s child born in Germany acquire German citizenship?

Next to the possible citizenship from the parents, a child can get German citizenship but only optionally until 18. One of the parents must have maintained habitual and lawful residence in Germany for eight years and have settlement permission for three years. For further details click here.

There are many issues you need to consider. You have to visit several German authorities and your countries representations. You can obtain a checklist here.

What should I do to have a successful relocation?

Once you have your residence permit, you are allowed to live in Germany wherever you want. The only thing you have to take care of in this regard is that you have to register your physical address at the Meldebehörde (registration office) – just like everyone else has to do.

◄ IMMIGRATION EXPERT IN GERMANY ►
ALEXANDER BARON VON ENGELHARDT Alexander is a Foreigners Lawyer specializing in Immigration, Commerce, and Tax Returns in Germany. Having first hand intercultural experience as an expat, Alexander knows what it means to be away from home. He guarantees you our piece of legal mind to enable you to make the decisions you require.

E: [email protected] W: http://www.vonEngelhardt.com

How can I get a work visa in Hong Kong?

You need to find an employer who is prepared to offer you a job that is of a senior/managerial or requires specialist skills you may have that the employer is unable to find from the resident Hong Kong labour force. They can then act as your sponsor in making any application for an employment visa.

Can I apply for a work visa on my own?

Yes, you can. There is no need to hire professional help, you can represent yourself. There are very few option to submit on-line and it certainly doesn’t apply to employment related applications. The alternative is to apply by post or through the sponsor to:

Receipt and Despatch Unit
Hong Kong Immigration Department
2/F, Immigration Tower
7 Gloucester Road
Wan Chai, Hong Kong.

Can I hire someone to assist me in processing my papers?

Yes, we at EHK and other firms can represent a visa application. However, in reality it’s the sponsoring company that is being represented in an employment situation.

What documents do I need to submit?

You need to submit:

• Up to date resume (Bio)
• Employment references
• Academic qualifications (degree or professional accreditations)
• Passport details page
• Passport-sized photo
• Marriage and or Birth Certificates for any joining dependents under the age of 18.

The other documents required will come from the sponsoring company.

Hong Kong does not recognize same sex relationships, but do consider long-term visitor visa applications for those in a relationship akin to marriage for 12 months or longer.

How long do I have to wait for my papers to be processed?

Most employment visa applications are processed in 4-6 weeks on the basis that all the information required is submitted at the beginning of the process. Subsequent submissions for any supplementary information will prolong the process.

Where can I check on the status of my application?

Once the application has been acknowledged a letter with a reference number will be sent to the applicant or representative with contact information.

Can I come to the Hong Kong on a tourist visa to find work?

Yes, but finding work is not the best thing to tell immigration if asked at the port of arrival. With a tourist visa, your intention should simply be for a visit. Do note that some passports may attract more attention than others on arrival.

What will happen if I agree to work for an employer without a valid working visa processed?

It is illegal to start work without a proper work visa. Both you and the employer will be liable for prosecution.

Aside from obtaining a work visa, how else can I reside in Hong Kong?

Assuming you want to work, you can:

• Establish or join a company as an investor
• Be a dependent of a HK resident, which entitles you to work and or set up a company
• Get married to a HK resident
• Enter under the QMAS scheme for highly skilled individuals
• There is also the capital investment scheme, but that requires 10 million Hong Kong dollars.

For more information and advice, contact us at [email protected].

How can my partner / spouse or children who work and live in Hong Kong sponsor my residency?

Spouse and children under 18 can enter as dependents on the basis you support and accommodate them.HK permanent residents can sponsor dependent relatives over the age of 65.

Reminder: Hong Kong does not recognize same sex relationships, but do consider long-term visitor visa applications for those in a relationship akin to marriage for 12 months or longer.

Can I apply for permanent residency and acquire citizenship when I get my work visa?

No, permanent residency takes seven years continuous residency in HK, citizenship can be applied for after that.

Where can I find more information on residency and citizenship in Hong Kong?

There’s plenty of websites and you can go the Hong Kong Immigration site at http://www.immd.gov.hk/ehtml/hkvisas.htm.

How long is the validity of the work visa before it expires?

With same employer, visas are initially issued on a one year then two and three year basis.

What will my proof of visa be?

A label in your passport will be your proof of visa.

How long can I stay outside the country before my work visa expires?

In theory as long as the validity, the problem will occur with the extension.

Is there a grace period to renew employment visa?

You can apply up to one month before the visa expires.

After my work visa expires in the country, how can I re-enter Hong Kong and accept a new job?

If you re-enter as a visitor, DO NOT WORK until you have the new approval. You must leave HK and re-enter to activate the new visa. Most people go to Macau to do that.

How do I make sure I don’t get banned from re-entry?

Behave!!

What are the government fees I have to pay for while I’m on my work visa?

Currently, Employment/dependent visa costs $160HKD as do most.

Will an expat’s child born in Hong Kong acquire citizenship?

No, they will get permanent residency “right of abode” if the parent(s) are permanent residents of Hong Kong.

I am a Hong Kong Citizen currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Hong Kong?

A partner as in “Spouse”, you are required to provide a proof of marriage and your ability to support and accommodate your spouse in HK.

◄ IMMIGRATION EXPERT IN HONG KONG ►
EHK aims to help clients make informed decisions when relocating to establish a business, start work and live in Hong Kong. Services include business advice, visas and immigration, company incorporation, recruitment and marketing, as well as accounting, tax and other legal services, either directly or through strategic partners. Consultation is free and fees are fixed and agreed in advance.

E: [email protected] W: www.establishhongkong.com

How can I get a work visa in India?

Like most countries in the world, work visa, known as Employment Visa of India, is available to foreigners if there is an Indian company willing to sponsor or offer a letter employment to the foreign worker and if there are no Indians available to do the job. However there are some exceptions.

Can I apply for a work visa on my own?

You can apply on your own provided you have an Indian company/employer who is ready to sponsor you.

Can I hire someone to assist me in processing my papers?

You can hire an Indian lawyer who practices Indian immigration law. Hiring an agent or consultant is illegal. As per the Indian Advocates Act of 1961, giving advice on immigration and visa related matters is considered a legal matter and hence only Indian lawyers are allowed to practice immigration law whether it is related to Indian or foreign immigration and visa matter.

What are the documents I need to submit?

The following documents are required to be submitted if one wishes to apply for an employment visa of India. These documents have to be submitted at an Indian visa post in the applicant’s home country or the nearest Indian mission outside of India responsible for the applicant’s country of residence:

• Completed application form
• Visa fees
• Two passport size photos
• The foreign worker must possess a valid travel document/passport and a re-entry permit to enter back in his/her country of residence.
• Appointment letter and service contract from an Indian company in which the applicant’s salary should be above US$25,000 per year. This rule does not apply to ethnic cooks, translators, staff members working for diplomatic missions and power and steel plant workers.
• Complete resume of the foreign worker with education related documents and work experience letters from each of the companies the applicant has worked for in the past.
• Copy of the Indian company’s certificate of registration, all types of business registration documents, registration with the export promotion council and other proof showing the type of business activity the company is involved in and the size of the company.

How long do I have to wait for my papers to be processed?

Most visa posts will issue a visa either on the same day or within 2-3 days if all documentation is complete and up to the satisfaction of the visa officer.

Where can I check on the status of my application?

As of now, Government of India does not offer an online service to check for visa status but in many countries such as USA and Canada, the Indian government has outsourced visa services to private companies and these companies do provide a passport tracking system.

Can I come to India on a tourist visa to find work?

No. Tourist visas are issued for leisure and travel purposes only and cannot be used to look for job opportunities in India.

What happens when an employer asks me to work immediately without a valid working visa having been processed?

You cannot and should not work without a valid visa. Such an employer is in violation of the Indian law. The foreign worker is also in violation of the Indian immigration laws and is subject to deportation.

Aside from obtaining a work visa, how else can I reside in India?

Foreign nationals can reside in India if there are married to an Indian national. The Indian government also offers a business visa to foreign persons who wish to start a business and reside in India.

How can my partner/spouse or children who work and live in India sponsor my residency?

If your spouse or partner is working and living in India on an employment visa, you will be issued X visa subject to security check and its validity is subject to the duration of your spouse’s employment visa. Your dependent children are also eligible to obtain this X visa and the same conditions apply.

However, if your child is living and working in India on employment visa, you are entitled to obtain only a visitor visa to visit your child in India. Your child cannot sponsor your residency in India.

Can I apply for permanent residency and acquire citizenship when I get my work visa?

No, you cannot apply for Permanent Residency or Citizenship of India unless you marry an Indian citizen or have at least one parent who is of Indian origin.

Can I get a job if I have my residency sponsored by my family?

You cannot work while on a dependent visa obtained by virtue of a person who is on employment visa.

Where can I find more information on residency and citizenship?

Information is available on the official Government of India website.

How long is the validity of the work visa before it expires?

In general, an employment visa is granted for the validity of the service contract or two years, whichever period is shorter and this visa is usually a multiple entry visa, meaning, the holder can move in and out of the country during the validity of the visa.

If the visa is for more than 180 days (6 months), the foreign worker must register with the Foreign Regional Registered Office (FRRO) / FRO within 14 days of arrival in India. If registered late, the foreign worker will face a penalty of US$30.

How can I renew my Indian employment visa?

Employment visas can be renewed within India up to a limit of 5 years upon demonstrating proof of paying taxes, a renewed job offer letter from the foreign worker’s employer and if there has been no adverse security concern about the foreign worker. Renewal must be made at least 15 days prior to but not more than 60 days before the expiration of visa.

The following documents are required for renewal of Indian Employment visa:

• Visa Extension form (available on www.businessimmigartionvisa.com).
• 1 recent passport size photograph.
• Copy of the renewed appointment letter/valid employment contract.
• Copy of passport/visa/Registration Certificate.
• Request letter and an undertaking on the employer’s company letter head duly stamped and signed by an authorized signatory.
• Copy of Form-16/Income Tax papers in case the applicant has been residing in India for more than a year and TDS Challans/Certificate for the current year.
• Copy of valid and notarized lease/rent agreement OR copy of C-Form from the hotel OR copy of a recent electricity/telephone bill along with a letter from the landlord, to demonstrate proof of residence.
• Passport in original.
• Acknowledgement slip (available on website).
• Letter proving that the foreigner is drawing a salary of more than US$25, 000 per annum.

What will my proof of visa be?

A visa sticker will be affixed on your passport / travel document.

How long can I stay outside of India before my work visa expires?

There is no limit as such on how long you can stay outside of India but certainly not beyond the validity of your visa, otherwise, you will need to apply again for an employment visa at a visa post outside India.

Does India have single and multiple entry visas? How do I get a multiple entry visa?

Yes India does have single and multiple entry visas. In most cases, an employment visa will be issued for multiple entries unless the period of employment is for a very short duration.

How can I transfer my work visa from one employer to the next?

Special approval must be obtained from the Ministry of Home affairs for change of company / employer.

Is there a grace period to renew my employment visa?

There is a limit of a maximum of five years for renewal of employment visa from the date of the first visa issued.

When my work visa expires in India, how can I re-enter India and accept a new job?

You apply for a new work visa at a visa post abroad provided you meet the requirements of the new visa and have not violated the terms of your visa on previous occasion(s).

How do I make sure I don’t get banned from re-entry?

Follow the rules, regulations and conditions of your employment visa and respect the laws of India.

What are the government fees I have to pay for while I’m on my work visa?

Citizens of different countries are subject to different visa fees. Please contact the Indian visa post nearest to you or consult the official website of the Government of India. Citizens of certain countries are exempt from paying visa fees. In many countries, Indian consular services are handled by third party service providers and they charge additional fees for services offered.

Example: US Citizens:

Duration of Visa	Consular	Service Fee	Total Fee
6 Months Multiple Entry	$123.00	$13.00	$136.00
1 Year Multiple Entry	$163.00	$13.00	$176.00

If my passport expires before my visa expires while I’m in India, what should I do?

In general, an employment visa or any other visa of India or any other country for that matter will not be issued beyond the validity of the applicant’s passport or travel document. However, once you are in India on employment visa, before you apply for an extension of the employment visa, you must contact your country’s visa post / embassy in India and obtain an extended or new passport if your passport is going to expire before the end of your employment contract.

Will an expat’s child born in the India acquire citizenship?

An expat’s child born in India cannot get citizenship of India automatically unless one of the parents is of “Indian origin” as defined in the Citizenship Act of India and meets certain other requirements to be eligible to apply for Overseas Citizen of India (OCI) card and/or for residency in India.

I am an Indian national currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in India?

If your partner/spouse is not of Indian origin and you are holding an Indian passport and have not taken up citizenship of any other country, you can apply for residency visa of India for your spouse under marriage sponsorship.

If you are an Indian but have taken up citizenship of another country and are married to a foreign national, you are eligible to apply for an Overseas Citizen of India (OCI) card. If you decide to live in India, you can apply for residency for your spouse under marriage sponsorship. However, until the sponsorship application is approved, the spouse/partner should have a valid visitor visa to stay in India legally and must register with the FRRO/FRO.

◄ IMMIGRATION EXPERT IN THE INDIA ►
Prashant Ajmera B.Sc. LLB, (India) ICSA (UK & Canada)

Mr. Prashant N. Ajmera is an Indian lawyer with more then 16 years of experience in legal field with several years of experience in the Canadian corporate migration law and international trade including 5 years of practice in the High Court of Gujarat, Ahmedabad, India in the office of the Additional Central Government Standing council (Federal Prosecutor) in India. Partner with the leading Canadian Immigration law firm from 1992 till 2000 and now his own immigration and visa practice with office in India, Canada and USA.

He frequently writes articles for a variety of publications including Times of India, conducts seminars and traveled twice as a delegate on Team Canada Trade Mission to India and Japan with the then Prime Minister of Canada Right Honourable Mr. Jean Chrétien.

W: www.ajmeralaw.com E: [email protected]

How many kinds of employment visas are there?

There are 16 different types, including those for official/government related or religious activities. For more information, email us [email protected].

How do I apply for an employment visa?

First apply for a Certificate of Eligibility (CoE) via your employer in Japan at the Japanese Immigration Bureau. You may then either apply for a visa with your CoE at your local Japanese embassy/consulate, or first enter on a tourist visa then change it to an employment visa in Japan with the CoE.

Can I hire someone to assist me in processing my papers?

Yes, we at Nakai Immigration Services can assist you by drafting your application papers, and filing at the Immigration Bureau in Japan.

What documents do I need to submit?

This differs significantly according to the size of the company and the type of job. In many cases you will need an offer letter or employment contract, along with your original bachelor degree certificate.

How long do I wait for my papers to be processed?

Generally it will take one week to one month for your CoE to be issued, and a few days for the visa to be issued at your local Japanese embassy/consulate, or one week or so for your tourist visa to be changed to an employment visa with your CoE.

Where can I check on the status of my application?

You can check with the Japanese Immigration Bureau your application was submitted for the status of your CoE or change of status application, and your local Japanese embassy/consulate for your visa application, although they would not give you enough information as it is not their duty to answer during their screening. There is no homepage you can access the status of your application.

What does a valid employment visa look like?

It comes in the form of a grayish rectangular sticker, affixed to your passport. As for visas that are issued at a Japanese embassy / consulate, they are about 55mmｘ40mm.

Can I come to Japan on a tourist visa to find work?

You are allowed to find work during your stay in Japan under a tourist visa, yet the visa will not be issued by the reason “to find a job”. If you choose to work without a valid employment visa, it is illegal and both you and your employer will be penalized. You could be deported and in some cases, you will not be able to re-enter Japan for up to 10 years.

Besides being sponsored by my employer, what are my other options in order for me to reside in Japan?

If you have a spouse who will have an employment visa, you can come as a dependent. Those with parents or grandparents of Japanese descent, a spouse that is a Japanese national or has a “Permanent Residency” permit can be eligible for other visas. Also, investing a certain amount of money in Japan and starting your own business here would be an option to get an “investor” type status to reside in the country.

Is my partner / spouse or children who work and live there able to sponsor me?

Generally both partners and spouses are able to sponsor, but it is a more smooth and simple process if the couple is married. For those who wish to have their children working in Japan sponsor, this is generally not permitted unless the applicant is rather old and has no other children to support them. There is a special status for Highly Skilled Foreign Professionals (HSFP) which allows bringing their parents under some additional condition.

Upon getting my employment visa, when can I get permanent residency and acquire citizenship?

In order to apply for Permanent Residency, you will need to have stayed in Japan for 10 consecutive years. If you are married to a Japanese national or have recognized contribution to Japan or HSFP, you are able to apply earlier. The employment visa alone would not give you a Japanese citizenship as well, since you need to fulfill other conditions in addition to those required for the visa. Meanwhile a Japanese nationality can be applied for after 5 years stay with an employment status.

Where can I get information on residency and citizenship?

If you are to apply for citizenship (i.e. becoming a Japanese passport holder), you will need to give up your original nationality as Japan does not allow dual citizenship. You will need to have stayed in Japan consecutively for 5 years. Japanese language skills are also required for the citizenship unlike permanent residency.

Visit the Japanese Ministry of Justice website, or contact us at Nakai Immigration Services for more information.

Can I get a job if my residency is sponsored?

You can work for up to 28 hours per week upon application of a part time work permit, if you do not have an employment visa, and are supported by a sponsor apart from an employer (e.g. your spouse). Not all the persons with residency can get a job due to the labor market.

Will my sponsored residency visa be replaced with work visa?

In the case your part time work permit is issued, you will have it along with your original visa. When you engage in a full time job, you need to change your resident status to a work status.

If I have a valid work visa / residence, how long is the visa before it expires?

Basically work visas or residence visas are valid for 5 years at longest and 3 months at shortest.

How long can I stay outside the country before the visa expires?

There is no regulation prevent you from staying outside Japan when you have a valid visa status. Meanwhile you need to apply for extension in Japan before its expiry date. You have to return Japan with re-entry permission because the extension can be made only a local immigration office in Japan.

Does Japan have single and multiple entry visas? If so, what should I do to get a multiple entry?

Multiple types for the “entry visa” can only be issued at a Japanese overseas mission for businesspersons who belong to a listed company or large organization.

How can I transfer my sponsorship from one employer to the next?

You will simply need to report the facts to the immigration bureau. In the case you are not sure whether your new job is within the scope of your current visa, apply for a “Certificate of Authorized employment”.

Is there a grace period to renew employment visas?

If you do not renew it before it expires, you will “overstay” your visa, which is illegal and can be subject to penalties or deportation. You can renew your visa from 3 months before the expiry date. Once you file the renewal, you can continue to stay after your expiry date for up to 2 months, while waiting for the results.

After my work visa expires in the country, how can I re-enter the country and accept a new job?

You can either first enter Japan with a tourist visa or apply for a CoE from scratch while you are abroad.

How do I make sure I don’t get banned from re-entry?

Overstaying your visa, being engaged in activities beyond the scope of your visa, or certain criminal activities can lead to banning you from re-entering Japan. You don’t get banned unless you committed those. You can make sure when you apply for a CoE.

What are the government fees I have to pay for while I’m on my work visa?

There are no fees required to apply for a CoE, but 4,000 JPY applies for extending or changing your visa in Japan. Fees also apply when applying for a visa at local Japanese embassies and consulates. Tax amounts are determined by the Japanese tax authorities based on your income.

If my passport expires before my visa expires, what should I do?

You may have trouble if you are to depart from or enter Japan on an expired passport, but you will simply need to renew it at your embassy in Japan if this is not the case. Your landing permission seal can be transferred from the old passport to the new one at the local immigration bureau.

Will an expat’s child born in Japan acquire Japanese Nationality?

The fact that the baby is born in Japan will not entitle him/her to a Japanese nationality while a Japanese parent will. You will need to acquire a dependent status for the child within 30 days, unless one of the child’s parents is a Japanese national, in which case the child will be able to obtain Japanese nationality.

I am Japanese currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Japan?

Your partner will need to apply for a working status not depending on the relationship with you. There is no specific visa status for a partner of a Japanese national without an official marriage certificate.

◄ IMMIGRATION EXPERT IN JAPAN ►

Nakai Immigration Services LPC provides professional legal service for every nationality with over 20 years experience as an Immigration specialist. The firm has been handling daily applications with staff who speak English, Spanish, native German and Chinese. Mr Masahito Nakai started his practice in 1992 and is widely recognized as one of the leading immigrationlawyers in Japan. Masahito has been a lecturer or speaker on immigration and nationality topics on numerous occasions including an American Law School, the Japan Law Society, India IT Club, Chamber of Commerce of England, Germany, Australia, New Zealand and United States of America in Japan. He is a co-author of the Guidebook for International Marriage which is known as a long life book most of Japanese immigration lawyers have on their shelves as a useful reference. Masahito Nakai is a member of Osaka Gyoseishoshi Lawyers Association and International Bar Association (IBA). He was awarded with a Certificate of International Legal Studies by Temple University Japan in 2002.

E: [email protected] W: www.tokyovisa.co.jp

Which industries employ expats in Mexico?

• Telecommunications
• Tobacco
• Energy
• Retail
• Automotive
• Entertainment
• Industrial
• IT
• Financial Services (Banking, corporate)

What are the types of employment visas offered?

• FM3 -Temporal Resident (Non-immigrant, It can be from 1 to 4 years and you can request a renewal if necessary);
• FM2 - Permanent Resident (Immigrant).

How can I get an employment visa?

The first step is to get a job offer from a Mexican legal entity. Next, you need to request your employment visa from the Mexican government or by visiting a Mexican consulate outside of Mexico.

Can I apply for an employment visa on my own?

Yes, but takes more time and you must have a job offer before the submission of the request.

Who can I hire to assist me in processing my papers?

There are many different companies in Mexico that can support you with the process. GlobalMC is one of the best options.

What are the documents I need to submit?

• Official ID (Passport);
• Job offer or assignment letter;
• Certificate of study and/or professional resume (depending the job position);
• Copy of the last tax payment (Employer in Mexico);
• Employer registration number in the National Immigrant Institute of Mexico.

How long do I have to wait for my papers to be processed?

After the papers have been submitted to the Immigration authorities, two to three months in average.

Where can I check on the status of my application?

You may check on the status of your application HERE.

What will my proof of employment visa be?

If you received the approval outside of Mexico, it will be a letter that must be changed for a card in the Mexican institute of migration, Mexico City. (All visas). The real proof is the FM3/FM2 card.

What are the government fees I have to pay for while I’m on my work visa?

2013 fees are:

• Temporal resident (1 year) $3,130.00 MXN
• Temporal resident (2 year) $4,690.00 MXN
• Temporal resident (3 year) $5,940.00 MXN
• Temporal resident (4 year) $7,040.00 MXN
• Permanent Resident $3,815.00 MXN

How long is the validity of the employment visa before it expires?

One year for FM2, for FM3, could be 1 to 4 years.

If my passport expires before my employment visa expires, what should I do?

Your employment visa is a card and it is not stamped on your passport. Therefore, you should complete the process of a new passport and notify to the Mexican Immigration authorities about the change during the next 30 days after the issue date of your new passport. Please check the expiration date of your visa in order to avoid timing issues.

When my employment visa expires, how can I re-enter Mexico and accept a new job?

• If the visa has expired with less than 365 then you should request a renewal, paying some penalties for the delay.
• If the visa has expired with more than 365 you should contact the Mexican embassy to request a new visa process.

Is there a grace period to renew employment visa?

No, the process starts 30 days before the due date and there is nota grace period in place.

Can I come to Mexico on a tourist visa to search and apply for jobs?

Yes, you can use your tourist visa to search and apply.

What happens if an employer asks me to work immediately without an employment visa?

It will be a compliance issue for you and for the company. Fines and penalties might be issued for both (employee and employer). In addition the employee might be deported; affecting his personal records for the current/future visa processes.

How do I make sure I don’t get banned from re-entry?

By following the immigration rules and due dates.

How can I transfer my employment visa from one employer to the next?

By notifying the immigration offices about the new employer during the next 30 days with a letter and attaching the documentation of the new employer.

Aside from obtaining an employment visa, how can I have residency in Mexico?

You can request a Permanent/Temporal residency In Mexico if you proof that you have economic stability to live in Mexico. Please keep in mind that if you obtain such residency, you are not going to be able to work during your stay in Mexico.

How can my partner / spouse or children who work and live in Mexico sponsor my residency?

They need to fill out a special form of request and attached the proof of the relationship. The form should be delivered to the Mexican Authorities of Immigration.

Can I get a job soon after my family sponsors my residency?

You can apply for a job as soon as you get you residence papers, depending on your skills and expertise.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

You need to have a FM2 for at least 5 years, after that you can apply for permanent Immigration and/or a citizenship.

Does Mexico have single and multiple visa entries? How do I get a multiple visa entry?

• For tourist visa is a single entry document.
• For employment visa is a multiple entry document. (Only when you have the card. The first time you enter into Mexico you have a single visa entry, so you must change your visa right away otherwise you might need to start the process again if you need to go out of Mexico before the completion of such step).

Can an expat’s child born in Mexico acquire citizenship?

Yes.

I am Mexican currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Mexico?

1st thing, you must legalize your relationship with your partner, according to the Mexican laws. Such legalization process can be done before you travel to Mexico in a Mexican consulate. After the legalization, your partner will need to request the Mexican nationality. Otherwise, your partner will need a visa during her/his time in Mexico.

Where can I find more information on work visa, residency and citizenship?

Through the website of the Mexican Institute of Immigration.

What should I do in order to have a successful relocation?

• Before you start, take time to have an exploratory trip first. You need to know the country before you confirm that you want to live there.
• You need to have a good immigration expert in Mexico for a quick and easy process.
• Try to contact a relocation agency if you can. It will be a good option to learn in a quick a safe way the most important topics about Mexican culture and also the cross cultural differences.
• Consider that sometimes the Mexican authority needs additional time to complete your visa application, so, consider some additional days in your relocation plan in order to avoid issues.
• You need to have an excellent moving company. (Trust me it could be a very painful relocation process if you don’t have the correct support.).

Do I have to learn the local language in order to get a job in the country?

Depending on the region, company and Job. In the tourist places is not going to be so necessary for a job, however, it will be necessary for your day to day activities.

Where should I learn the local language?

There are multiple language institutes and professional teachers in all the country. Our suggestion is to contact the language center before visit it. We can offer guidance if you need it.

In which countries are Mexicans exempted from visa when traveling? – For tourism purposes only

AMERICA

• Argentina, Bahamas(30 Days), Belice (30 Days), Bermudas, Bolivia, Chile, Colombia (30 Days), Costa Rica, El Salvador, Guatemala, Haití, Honduras, Jamaica (30 Days), Nicaragua, Panama, Paraguay, Peru. Dominican Republic, Uruguay, Venezuela

EMEA

• Germany, Austria, Belgium, Bulgaria, Czech, Denmark, Spain, Slovakia, Finland, France, UK, Greece, Holland, Hungary, Italy, Norway, Poland, Portugal, Romania, Switzerland, Israel, Jordan, Morocco, Tanzania

APAC

• South Korea, Philippines, Hong Kong (30 Days), Japan, Malaysia, Singapore (15 Days), New Zealand

◄ IMMIGRATION EXPERT IN MEXICO ►
PARIS LUNA BATALLA

Paris Luna Batalla is the General Manager and co-founder of GlobalMC, with more than 8 years of experience in multinational companies focused on Latin American markets in companies like GE, Philip Morris, New York Life Insurance Company,and others. He provides and implements solutions for finance, human resources management & global payroll compliance, including four years in HR services and three years in finance. Proactive and energetic, with an strong knowledge in business & change management in a long and wide range of businesses (Corporate, Financials Services, Tobacco, Retail Services, Pharma, Energy, Insurance.
GlobalMC is a first class services company based in México City. Our mission is to provide the best consultancy services to companies that want to start operations in LATAM. GlobalMC is the business partner that your company need in the region to ensure or increase your corporate compliance level.

Can I come to the Netherlands on a Tourist Visa to find work and start work instantly?

You can look for a job, that’s not a problem. However, you cannot start working without a valid working visa or a sticker with the same value. It is illegal to work without the right visa. Only people from the EU can work immediately. Other nationalities have to apply for a work / knowledge migrant visa.

The risk involved in working illegally is a high fine and deportation with the chance of being banned in entering the Netherlands again for a certain period.

How can I apply for an employment visa?

You could start the procedure in your home country, but after that your future employer always needs to sign and fill in certain things.

Options in obtaining an employment visa would be for you to get a salary in a certain salary range; then you can apply for a shorter processing period of two weeks (highly skilled migrant procedure).

Another option is if there are no locals in Netherlands or Europe to do the job function, there is a possibility for you to obtain an employment visa. This process will take a few months and has very little chance of succeeding.

Who can sponsor my employment visa?

The designated sponsor will be the company you will be working for. As long as the contract is valid and as long as it isn’t terminated the company will stay as the sponsor. The employee will receive a residence card with which he can prove legal stay with the purpose of working in the Netherlands.

Apart from getting an employment visa, how else can I reside in the Netherlands?

You can stay in the Netherlands for the following subjects:

• Marriage, relationship, family
• Work as an employee
• Work on a self-employed basis
• Study on a higher level
• Cultural exchange
• Au pair
• Scientific researcher
• Medical grounds

Can someone who is not a local sponsor my residency?

Only citizens / valid EU residence permit holders, spouse and children who work and live in the Netherlands are able to sponsor, depending on certain qualifications.

Upon getting my work visa, when can I apply for permanent residency?

You can apply for permanent residency after having a residence permit for 5 uninterrupted years. You will be given a choice for getting a permanent residency or if you’d like to accept the Dutch nationality.

Can I get a job when I have my residency sponsored?

You can get a job if you have a valid residence permit. If you have a residence permit for example stay with family, your residence permit status will stay the same.

How long is the validity of employment visa?

It depends on the validity of the contract; usually one year. If the contract is for an undetermined period the IND officer decides if the residence permit will be given for one year first or immediately for 5 years; this depends on the officer with whom the application is being processed by. And the validity is as long as the purpose of stay is still applicable. If within the 5 years you will lose the job and won’t find any other, then still the residency stops, despite the validity of 5 years.

How can I transfer my sponsorship from one employer to the next?

The new employer needs to send a letter and some information to the Immigration office. The old employer terminates their connection at the Immigration office.

To renew an employment residence permit you have to start the procedure of extension around 3 months before the residency expires. The start date of the extended contract or new contract should directly start after the end of the previous contract.

After my work visa expires in the country, what can I do to re-enter the Netherlands and accept a new position from the same or another employer?

If your work visa is expired you will have to leave the country. The best is to leave the country at the end date of the permit the latest. If your employment contract ends you will also have to leave the Netherlands. There is only one way to stay - you will have to ask for permission to stay in the Netherlands for another 3 months. If this is not granted then you have to get out of the Netherlands as soon as possible after your employment contract has ended.

If you still stay in the Netherlands, you will be here illegally and that can cause you to be placed on a ‘black list’ and thus banned from the Netherlands for a certain period of time. If it is granted you have 3 months to look for another employer/job and apply for a new residence permit. Make sure you stay here legally always and return on time when you have to.

What are the government fees I have to pay for while I’m on my work visa?

The fees in obtaining an MVV visa and for residence permit are:

	Residence	Permit	TOTAL
Employee	€750	€188	€938
Partner / Spouse	€188	€188 or €830	€376
Child	€188	€188	€376

Taxes are paid through your salary. Otherwise, there are no other costs and fees to consider.

What happens to an expat’s child born in the country?

The parents will have to report the birth of the child to the city hall in the place of residence and apply for a residence permit. The child’s citizenship depends on the parents’ decision. For consideration, the parents will have to see what the rules are of the country of origin concerning nationality and registrations there.

◄ IMMIGRATION EXPERT IN THE NETHERLANDS ►
THE RELOCATION COMPANY

We are specialized in the relocation of personnel from all over the world to the Netherlands. Our specialty is to assist with, or take over the complete procedure in getting a valid work permit for the employee. For the relocation to the Netherlands there are all other aspects too in what we can assist you with. Our experienced employees are ready to help you!

E : [email protected] W : www.therelocationcompany.nl

How many kinds of employment visas are there?

There are different types of employment visas otherwise known as work visas. The most commonly used is a work visa under the Essential Skills Instructions. This instruction allows New Zealand employers to recruit overseas workers if they can establish that they cannot fill the vacancies locally. Citizens of certain countries aged between 18 and 30 may be eligible for a working holiday work visa without a job offer. Partners of New Zealand citizens/residents can apply for partnership work visas without a job offer and can work for any employer.

How can I get a work visa in New Zealand?

To obtain a work visa, in most cases, you will need a job offer from a New Zealand employer. Citizens of certain countries aged between 18 and 30 can get working holiday visas without a job offer. Similarly partners of New Zealand citizens/residents can apply for a partnership work visa. Those who have studied in New Zealand are also eligible for one year work visa after completion of the studies.

Can I apply for a work visa on my own?

You can apply for a work visa on your own. However, you can increase your chances of obtaining one, if you were to hire an immigration lawyer or an adviser.

Who can I hire to assist me in processing my papers?

You can hire an immigration lawyer or adviser to assist you with your application.

What are the documents I need to submit?

The documents you need to submit vary according to the type of application. In the case of a work visa application under the essential skills category, you will need to provide evidence that your employer tried unsuccessfully to recruit locally. In addition to this, you need to provide evidence of your qualifications, work experience, a copy of your job offer/employment, your passport etc. This list is not exhaustive and you should consult an immigration lawyer or adviser.

How long do I have to wait for my papers to be processed?

The time taken to process an application depends on the category you apply for and which branch you lodge the application. A work visa application could take between two weeks to two months whereas a residence visa application could take between six months to two years.

Where can I check on the status of my application?

If you register online with Immigration New Zealand, you can check the progress of the application online. Alternatively, you can call Immigration or contact the case officer through email.

What will my proof of work visa be?

When a work visa is granted, a visa label is affixed on the passport which is the proof of grant of visa. In the case of working holiday visas applied online, a visa is granted electronically. Immigration is in the process of rolling out electronic visas and in the near future will do away with the practice of placing visa labels in the passports. When fully implemented, visa applications can be lodged online.

What are the government fees I have to pay for while I’m on my work visa?

You need to pay a fee of NZ$270 if the application is lodged in New Zealand. If the application is made outside New Zealand, the amount varies depending on the branch you file the application.

How long is the validity of the work visa before it expires?

A work visa could be valid for a period of three months to five years.

If my passport expires before my work visa expires, what should I do?

Normally Immigration will only grant a work visa till the validity period of your passport. In cases where Immigration grants a work visa beyond the validity period of your passport, then you can apply to Immigration New Zealand for affixing the work visa label in your new passport.

When my work visa expires, how can I re-enter New Zealand and accept a new job?

You can apply for a further visa if you are in New Zealand. If you are outside New Zealand you can file a work visa from outside New Zealand and re-enter New Zealand after grant of a visa.

Is there a grace period to renew a work visa?

There is no grace period. To apply for a further work visa, you need to apply while you are still holding a visa. To renew a work visa, you are advised to apply at least 60 days prior to the expiry of your current visa

Can I come to New Zealand on a tourist visa to search and apply for jobs?

Strictly speaking, the purpose of a tourist visa, as the name implies, is to enable the holder to visit New Zealand as a tourist. However, you can search and apply for jobs while holding a tourist visa.

What happens when an employer asks me to work immediately without a work visa?

You cannot start working for an employer without a valid work visa.

How do I make sure I don’t get banned from re-entry?

To avoid a ban from re-entry you need to ensure that you do not violate the visa conditions. You can be banned from re-entry if you a deported from New Zealand due to violating your visa conditions or being charged/sentenced for criminal offences.

How can I transfer my work visa from one employer to the next?

You can apply for a variation of conditions to work for a different employer.

Aside from obtaining a work visa, how else can I reside in New Zealand?

You can apply for residence if you can demonstrate that you job is a skilled one. A resident visa entitles you to live in New Zealand indefinitely.

How can my partner/spouse or children who work and live in New Zealand sponsor my residency?

If your partner wants to sponsor you for residency, he or she should be New Zealand resident or citizen. You need to prove that your relationship is genuine, stable and intended for a long term. For children to sponsor their parents, there are several requirements to be met including a three-year wait period from the date they obtained their residence; minimum income requirement etc; must be eligible to sponsor their parents etc,.

How soon can I work after my family sponsors my residency?

A residence visa allows you to work for any employer or be self-employed. You can start working immediately after getting your visa.

How can I apply for permanent residency and acquire citizenship when I get my work visa?

You can apply for residence under the skilled migrant instructions if you can demonstrate that your job or the job offer is a skilled one. To obtain New Zealand citizenship, you need to wait for five years from the date of becoming a New Zealand resident.

Does New Zealand have single and multiple entry visas? How do I get a multiple entry visa?

New Zealand has both single and multiple entry visas. In the case of work visas, normally a multiple entry visa is granted.

Will an expat’s child born in New Zealand acquire citizenship?

A child born to an expat in New Zealand will not get New Zealand citizenship. To obtain citizenship for a child, one of the parents must be a New Zealand citizen or resident.

I am a citizen of New Zealand currently living overseas with a foreign national. What are the requirements for my partner to be able to reside with me in New Zealand?

You can sponsor your partner for residence under the partnership instructions provided you can establish that you are living together in a genuine and stable relationship. If you and your partner want to move to New Zealand before the residence application is finalised, a work visa or a visitor visa under the partnership instructions can also be lodged.

Where can I find more information on residency and citizenship?

You can find detailed information from the Immigration website: www.immigration.govt.nz.

What should I do to have a successful relocation?

My advice is to plan ahead, do your research, develop a network and have realistic expectations.

◄ IMMIGRATION EXPERT IN NEW ZEALAND►
Lloyd Vivera, a barrister & solicitor of New Zealand and Victoria, Australia, has been assisting people from all over the world to move to New Zealand since 2005. He also assists clients to move to Australia. Personalised service at a reasonable cost is his motto. He is based in Auckland, New Zealand.

Websites
www.immigrationlawyers.co.nz | www.newzealandimmigration.co.in | www.australiaimmigration.co.in

Which industries employ expats in Norway?

Any industry where there is a shortage of skills, or where the need for employees cannot be covered within Norway. This is particularly present in the following industries:

• Oil and Gas
• Information Technology
• Medical Nurses
• Crafts

What are the types of employment visas offered?

To work in Norway, you will as a main rule need a residence permit. There are other rules for citizens of EU/EEA-countries, and also some special rules concerning employees who are only going to work in Norway for a short time. E.gif you do not have an employer in Norway, you can work here without a residence permit for up to three months if you belong to one of the following groups:

• Commercial and business travelers;
• Technical experts who are to install, repair, perform maintenance etc. on machinery or technical equipment or provide information about the use of such equipment. The need for this labour must not exceed three months, and you or your employer must notify the police in writing before you enter Norway;
• Persons in private service accompanying persons who visit Norway;
• Professional athletes and their accompanying support network;
• Public servants paid by another country, by agreement between foreign and Norwegian authorities;
• Journalists or other personnel on assignment for a foreign media institution;
• Tour guides accompanying groups of foreign tourists during visits to Norway;
• Staff on foreign trains, aircraft, buses or trucks;
• Necessary security and maintenance crew on foreign-owned vessels laid up in Norway. You must notify the police.

There are also special rules for diplomats and Nordic nationals.

There are different types of residence permits for work available. Most relevant are resident permit for skilled workers – that is, workers with relevant education or training, or special qualifications – and residence permits for unskilled workers. That is, workers that are not educated, or that are to be employed in a position that do not require skilled workers.

How can I get an employment visa?

To apply for a residence permit as a skilled worker, you must have received a concrete job offer for a job that requires qualifications as a skilled worker. The job must normally be full-time, and you must be able to document that you have the required qualifications.

Unskilled workers can get a residence permit as seasonal workers, or seafarers on board foreign ship.

A seasonal work permit requires that you have reached the age of 18 years and have a concrete offer of employment as a seasonal worker. Seasonal work is work that can only be carried out during limited parts of the year due to climate variations, fluctuations in the availability of raw materials or other circumstances.

Can I apply for an employment visa on my own?

Yes, as a main rule you handle your own application.However, it is possible to let the employer apply on your behalf. In that case, you must give your employer an authorization in writing to handle the application process. You must complete the authorization section in the application form or submit a standard authorization form available at www.udi.no.

If you are applying from outside of Norway, you can hand in your application at a Norwegian embassy or consulate in your home country, or the country where you have held a residence permit for the last six months. If you are already resided in Norway, and have a legal basis for your stay, you can apply directly from here.

Who can I hire to assist me in processing my papers?

Anyone familiar with the Norwegian system like Homble Olsby Law Firm will be able to provide assistance. Your employer will also be able to assist you in the application process. However, legal questions concerning the employment contract or other circumstances in connection with your employment in Norway may arise, thus it is recommended that you also consult someone familiar with this area and Norwegian law in general.

What are the documents I need to submit?

There is a list of documents that need to be submitted when you apply for a residence permit. Regardless of whether you apply as a skilled and unskilled worker you must, in addition to the application, hand in: passport, documentation to confirm that you have a job offer, documentation which shows that you have a place to live in Norway, confirmation that you have paid the application fee.

There are additional requirements respectively for skilled and unskilled workers. A full list of the required documentation is available atwww.udi.no.

When you turn up to submit your application, you must hand in copies of the required documents but also bring the originals with you for presentation.

How long do I have to wait for my papers to be processed?

The expected processing time for employment permits is currently 3 months.

If you have the right to apply from within Norway, and you submit your application on the Service center for Foreign Employees (“SUA”) your application can be processed much faster, sometimes within 10 days. This requires that your documents are correctly filled out, and that you provide all necessary information. You can read more about this on www.sua.no.

Where can I check on the status of my application?

You will be contacted by UDI (the Norwegian Directorate for Immigration) when your application has been processed. The processing time vary, depending on capacity, the complexity of your case and where it is being processed. Most applicants will receive an answer within three months after having submitted the application.

What will my proof of employment visa be?

If your application has been granted, you are entitled to a residence card. You will receive a letter in this respect, which informs you that you must visit the police to have your fingerprints and photo taken. The card will be sent to you by post in about ten days. The residence card will be the proof that you have the right to live in Norway.

What are the government fees I have to pay for while I’m on my work visa?

You have to pay an application fee to the Norwegian Government. For work permits, this is normally NOK 3000. The time you are living and working in Norway, you are liable for taxes on your income etc. pursuant to Norwegian tax legislation.

How long is the validity of the employment visa before it expires?

The permit for skilled workers is valid as long as the employment relationship lasts, but never more than three years.

The residence permit for unskilled workers can be granted for up to six months, but is only valid when you have an employment relationship. However, you can divide the six months period in several permits for the same employer, or between different employers.

If my passport expires before my employment visa expires, what should I do?

It is important that you have a valid passport for the whole period that you are going to stay in Norway. If your passport is about to expire, you have to make sure that you obtain a new passport that is valid before the old one expires.

When my employment visa expires, how can I re-enter Norway and accept a new job?

If you are a holder of a permit for skilled workers, you can renew this without leaving Norway. In order to be granted a new permit on the same conditions, you must apply for a new permit and pay the application fee at least one month before your previous permit expires. Seasonal workers permits are not renewable. If you have held a permit for a shorter period than six months, you can apply for an extension of you permit to cover the full six months period. When you have had a permit for a total of six months, you cannot apply for a new permit until you have stayed outside of Norway for at least six months.

Is there a grace period to renew employment visa?

You must always apply for a renewal before your current permit expires. You can use the same application form as you did with the first application. Applications for renewal are subject to the same application fee.

Can I come to Norway on a tourist visa to search and apply for jobs?

If you are an EU/EEA/EFTA-citizen, you do not need to apply for a residence permit to come to Norway. If you are coming to Norway for studies or work, you only have to register yourself. Information about the registration scheme and registration form is available at www.udi.no. Please note that citizens from Croatia are still required to apply for a residence permit if they wish to study or work in Norway.

For other nationals it is generally not possible to come to Norway on a tourist visa and apply for jobs. However, if you are not subject to a visa requirement and have qualifications as a skilled worker, you can stay in Norway without a residence permit for six months to seek employment as a skilled worker.

If you are resided in Norway on a work permit, and you lose your job, you must notify the police within seven days. You can stay in Norway for up to six months to look for a new job, provided that your permit is still valid in this period. If you start in a new job, you must notify the police where you live. You cannot start to work in a different type of job than what is stated in your permit.

What happens if an employer asks me to work immediately without an employment visa?

If you are a skilled worker, your employer have an opportunity under the early employment scheme to obtain a preliminary confirmation that will allow you to enter Norway and start work before your application for a residence permit is processed. It is your employer`s responsibility to provide such confirmation, and to ensure that the requirements for early employment is met.

With a preliminary confirmation, you are entitled to an entry visa if this is required for you to enter into Norway. An entry visa will be issued by a Norwegian embassy or consulate if you provide the confirmation and are able to document your identity.

Within seven days of entering Norway, you must meet in person at the police district where your employer submitted the application, to document your identity and confirm the application. You will get a confirmation, and can start work immediately.

How do I make sure I don’t get banned from re-entry?

Always follow the rules and restrictions relevant for your residence permit. Make sure to apply for potential extensions before your current permit expires. Also, you must of course stay away from criminal offences, and in general observe the Norwegian law.

How can I transfer my employment visa from one employer to the next?

If you have a permit as a skilled worker, and work for a Norwegian employer, you can change employers without applying for a new permit. However, you must perform the same type of work. If you are to perform work of a different type, you must submit a new application for a residence permit. You cannot start your new job until a new permit is granted.

If you are an employee of an international company and a national of a WTO country, it is required that you apply for a new residence permit before you change job or employer.

The six months permit for unskilled workers can be divided between several permits for one and the same or several different employers. However, if you want to change employers after your permit have been granted you have to apply again.

Aside from obtaining an employment visa, how can I have residency in Norway?

There are no schemes for sponsored citizenship in Norway.

Aside from obtaining an employment visa, you can apply for a residence permit in Norway as a student, by family immigration or as a refugee (asylum) etc. Complete information about residence permits, asylum and different types of visas can be found on the Directorate for Immigration web-page, www.udi.no.

How can my partner / spouse or children who work and live in Norway sponsor my residency?

If your partner / spouse live and work in Norway as a skilled worker, you can apply for a family immigration permit to come to Norway and live with him/her. Your partner/spouse can also give his/her employer an authorization to apply on your behalf.

If you have children under the age of 18 living in Norway who you are going to live with or have access rights to, you can apply for a family immigration permit.

If your partner/spouse or children are in Norway on an unskilled-worker permit, he/she can only sponsor your residency if you are spouses, cohabitants that have or are expecting a child, or have lived together for at least two years.

In all cases, you must apply for residency in accordance with the rules for family immigration.

How can I get a job soon after my family sponsors my residency?

If you are granted family immigration with a worker, you will be entitled to work full-time as long as your permit is valid.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

Permanent residency requires that you have stayed in Norway for a continuous three-year period. During these three years, you must have held residence permits that form a basis for permanent residence.

A residence permit as a skilled worker will be an accepted permit. Residence permit as an unskilled worker, or family immigration with a worker, do not form a basis for permanent residency.

The Directorate of Immigration can reject an application for a permanent residence permit if you have been sentenced for criminal offences that can result in expulsion. More information about the requirements for citizenship is available at www.udi.no.

Does Norway have single and multiple visa entries? How do I get a multiple visa entry?

With a residence permit as a skilled worker, you are free to travel in and out of Norway as long as the permit is valid.

Visitor visas for Norway and the Schengen areaare generally granted for a single entry. If you plan to travel outside the Schengen area and return within the period covered by the visa, you must tick the ‘two or multiple entries’ box when you apply for a visa. You must also explain why you require multiple entries.

If you have a special need, you can be issued a visa that is valid for multiple entries during a period for up to five years. Such visas are only available for certain categories of applicants, e.g. business persons, truck drivers, seafarers, family members of persons with a valid residence permit in Norway, family members of Norwegian citizens living abroad, etc.

If you cannot obtain a visitor’s visa for the whole Schengen area, a national visitor’s visa that is only valid in Norway may be granted under certain special circumstances.

Can an expat’s child born in Norway acquire citizenship?

Not all children born in Norway acquire citizenship.

Children with a Norwegian mother or a Norwegian father automatically becomes a Norwegian citizen by birth. This applies whether or not the child is born in Norway, and whether or not the parents are married.

If one of the parents apply for or is granted citizenship, an application can be submitted for the child to be granted Norwegian citizenship.

Even if neither of the parents are or will become Norwegian citizens, an independent application for citizenship can be submitted for a child over the age of 12. The child must have lived in Norway for at least five of the last seven years on permits granted for at least one year at a time.

I am Norwegian currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Norway?

Spouses / partners of Norwegian citizens are entitled to a family residence permit. It is required that you are both over the age of 18 and are going to live together in Norway. If you are cohabitants, it is also a requirement that none of you is married to other people, and that you have already been living together for at least two years.

Foreign nationals that wish to marry a person living in Norway can apply for a residence permit to come here and enter into marriage (fiancé permit). The permit is valid for six months, during which the marriage must be entered into. When married, the spouse/partner can apply for a family residence permit.

Where can I find more information on work visa, residency and citizenship?

The Norwegian Directorate for Immigration provide all necessary information on their web-page, www.udi.no or contact Homble Olsby Law Firm.

◄ IMMIGRATION EXPERT IN NORWAY►

STEIN KIMSÅS-OTTERBECH is Homble Olsby Law Firm’s partner and employment law specialist with particular competence and experience also in company law, pension law, immigration law and litigation. He has several years of experience as a deputy judge, and extensive experience in litigation in the Employment Tribunal (No; Arbeidsretten), the ordinary courts and arbitration. Furthermore, Kimsås-Otterbech continues to advise major clients in all aspects of employment law, including business transfers and restructuring. Phone: +47 23 89 75 70 | Email: [email protected] | Website: www.homble-olsby.no   HOMBLE OLSBY Law Firm is specialised within employment and labour law. We also assist clients within general commercial law, inter alia litigation, contract law, company law and insurance law. We focus on achieving a personal contact with our clients in order to get a constructive and open dialogue. We consider this – together with our legal competence – as the best basis for giving advices that considers both legal and commercial aspects of our clients’ businesses.

» Can I come on a Tourist Visa to find work?
» How many kinds of employment visas are there?
» How do I apply for an Employment Visa?
» Where do I apply for an Employment Visa?
» Can I hire someone to assist me in processing my papers?
» What documents do I need to submit?
» How long do I wait for my papers to be processed?
» Where can I check on the status of my application?
» How does a valid employment visa look like?
» Aside from obtaining a work visa, how else can I reside in the Philippines?
» Can someone who is not a local sponsor my residency?
» Upon getting my Employment Visa, when can I get Permanent Residency and acquire Citizenship?
» Where can I get information on residency and citizenship?
» If I have a valid work visa / residence, how long is the visa before it expires?
» How long can I stay outside the country before the visa expires?
» Does the country have single and multiple entries for visa? If so, what should I do to get a multiple entry?
» How can I transfer my sponsorship from one employer to the next?
» Is there a grace period to renew employment visa?
» When my work visa expires, how can I re-enter the Philippines and accept a new job?
» How do I make sure I don’t get banned from re-entry?
» What are the government fees I have to pay for while I’m on my work visa? How much do I pay for taxes, visa processing?
» If my passport expires before my visa expires, what should I do?
» What happens to an expat’s child born in the country? What nationality will the child be? What are the issues I need to consider?
» I am a Filipino currently living overseas with a foreign national. What are the requirements for my partner to be able to reside with me in The Philippines?

Can I come on a Tourist Visa to find work?

Holders of the 9(a) temporary visitor visa or tourist visa may not be employed and may not engage in activities that are considered ‘doing business’ as defined by the Foreign Investments Act of 1991.

“To engage” is to embark on a business or to employ one’s self therein. The word “engaged” connotes more than a single act or a single transaction; it involves some continuity of action. “To engage in business” is uniformly construed as signifying an employment or occupation which occupies one’s time, attention, and labor for the purpose of a livelihood or profit. The expressions “engage in business,” “carrying on business” or “doing business” do not have different meanings, but separately or connectedly convey the idea of progression, continuity, or sustained activity. “Engaged in business” means occupied or employed in business; “carrying on business” does not mean the performance of a single disconnected act, but means conducting, prosecuting, and continuing business by performing progressively all the acts normally incident thereto; while “doing business” conveys the idea of business being done, not from time to time, but all the time. There may be a business without any sequence of acts, for if an isolated transaction, which if repeated would be a transaction in a business, is proved to have been undertaken with the intent that it should be the first of several transactions, that is, with the intent of carrying on a business, then it is a first transaction in an existing business.¹

The Philippine entity that seeks to employ a foreign national must file an application with the BI for the conversion of his visa status from temporary visitor to a proper working visa holder as well as an application for an Alien Employment Permit (AEP) with the Department of Labor and Employment (DOLE).

However, temporary visitor visa holders may be allowed to work temporarily in the Philippines for a maximum period of six months if they obtain a Special Work Permit (“SWP”) from the Bureau of Immigration.² Examples of foreigners who are required to obtain the SWP are: professional athletes competing for the limited period of their authorized stay, or those otherwise gainfully employed in their professional capacity such as professional instructors, foreigners of distinguished merit and ability entering to perform exceptional temporary services, but having no contract of pre-arranged employment, foreigners coming primarily to perform non-competitive, temporary services or to take non-competitive training who could be classified as temporary workers or industrial trainees, except that they do not receive a salary or other remuneration from Philippine sources, other than expenses incidental to their temporary stay, foreign nationals authorized to search for hidden treasure, movie and television crew filming in the country, foreign journalists pursuing their profession in the country, engineers, technicians and other highly skilled, technical professionals who are engaged in the pre-testing and/or installation of machinery, equipment and other instruments under private or government contracts or grants, agents of foreign principals engaged in screening/interview of prospective clients for employment or placement, foreign or domestic and authorized representatives of an investor who are primarily engaged in monitoring and supervision of the principal’s investments in the country.³

It should be emphasized that the SWP is not a working visa and its holder must keep his 9(a) temporary visitor visa valid during his stay in the Philippines.⁴

Foreigners who work in the Philippines without the necessary visa and/or permit violate the conditions of their admission and stay as tourists and may be subjected to deportation proceedings.

How many kinds of employment visas are there?

There are several kinds of employment visas and the type of employment visa that an employer company may choose to apply for would depend on several factors including the way that the company was organized or formed, the nature and scope of its authorized activities, its location, the nationality of the foreigner to be hired, and the nationality of the owners of the company.

The most commonly applied for employment visas are:

9(d) Treaty Trader and Treaty Investor Visa
Under Section 9(d) of the Philippine Immigration Act of 1940 a treaty trader visa or treaty investor visa may be granted to a foreign national, his spouse and unmarried children below twenty-one years of age, whose country has entered into a treaty of commerce and navigation with the Philippines for the sole purpose of: a) carrying on substantial trade between the Philippines and his country of nationality or b) developing and directing the operations of an enterprise in which he has invested or is actively in the process of investing a substantial amount of capital, provided that citizens of the Philippines are accorded like privileges in the foreign state of which such alien is a national.

Currently, treaty trader or treaty investor status is exclusively granted to citizens of the U.S.A., Japan and the Federal Republic of Germany because these are the countries which afford similar immigration privileges to citizens of the Philippines.⁵ With respect to a treaty investor visa, the corporation in which the treaty investor has invested or is in the process of investing, or in which he is employed, must be of the same nationality as the holder of the treaty investor visa.⁶

The dependent spouse and children below twenty-one of holders of this visa may be issued dependent visas subject to the submission of documents establishing the family relationship.

1. a) 9(g) Pre-Arranged Employment Visa for Temporary Workers
   This visa is the most common work visa and is applied for in the absence of special qualifications for other visas under incentive laden special laws. Under Section 20 of the Philippine Immigration Act of 1940, to be entitled to this visa, the petitioning individual or local company in the Philippines must show that no person can be found in the Philippines willing and competent to perform the labor or service for which the non-immigrant is desired and that the non-immigrant’s admission would be beneficial to the public interest. The petitioner must state fully the nature of the labor or service for which the non-immigrant is desired, the probable length of time for which he is to be engaged, the wages and other compensation which he is to receive, the reasons why a person in the Philippines cannot be engaged to perform the labor or service for which the non-immigrant is desired and why the non-immigrant’s admission would be beneficial to the public interest. The petition shall be accompanied by a certified true copy of the written contract of employment and shall contain such additional information as may be deemed material.⁷

Pre-arranged employee dependent visas will also be issued for the foreign national’s accompanying dependents – spouse and children below 21 years of age - upon submission of proof of relationship, such as the authenticated marriage contract and birth certificates.

b) Section 47(a) 2 Visas for Temporary Workers
Section 47(a)2 of the Philippine Immigration Act of 1940 authorizes the President to admit as non-immigrants, aliens, coming to the Philippines for temporary periods, under such conditions as he may prescribe.

This authority of the President is exercised by the Department of Justice with respect to visas issued to foreign employees of companies registered with the Board of Investments (BOI) to engage in a preferred area of investment as enumerated in the Investment Priorities Plan⁸ and to visas issued to the foreign employees of companies registered with the Philippine Export Processing Zone Authority (PEZA).⁹

One of the incentives granted to BOI registered enterprises is the authority to employ foreign nationals. Under the Omnibus Investments Code, a registered enterprise may employ foreign nationals in supervisory, technical, or advisory positions for a period not exceeding five years from the registration, extendible for limited periods at the discretion of the BOI; provided, however, that when the majority of the capital stock of a registered enterprise is owned by foreign investors, the positions of president, treasurer and general manager or their equivalents may be retained by foreign nationals beyond the five year period and the limited extension periods referred to above. The spouse and unmarried children under twenty-one years of age of the foreign national shall likewise be permitted to enter and reside in the Philippines for the duration of said employment.¹⁰ 47(a)2 BOI visas are filed with the BOI and approved by the Department of Justice.

An enterprise located in a Special Economic Zone (Ecozone) may apply for work visas under Section 47(a)2 of the Philippine Immigration Act of 1940 for their foreign employees which are valid for and renewable every two years. The foreign national must possess executive or highly technical skills not possessed by a Filipino citizen within the Ecozone as certified by the Department of Labor and Employment. Applications for the issuance of a 47(a)2 PEZA visa are filed with the Bureau of Immigration at the PEZA One Stop Shop.¹¹

The holder of a 47(a)2 PEZA visa is entitled to bring as his dependents his spouse and unmarried children below twenty-one (21) years of age.¹²

Holders of a 47(a)2 PEZA visa and 47(a)2 dependent visas may elect to apply for ACR I-Cards, they are not required to do so.¹³

c) E.O. 226 RHQ and ROHQ Visas
The Philippine government grants multiple entry visas to foreign personnel of regional or area headquarters of multinational companies (RHQ)¹⁴ and also to foreign personnel of regional or area operating headquarters of multinational companies (ROHQ).¹⁵

Foreign personnel of regional or area headquarters and regional or area operating headquarters of multinational companies, their accompanying respective spouses and unmarried children under twenty-one years of age, shall be issued a multiple entry special visa, valid for one year, to enter the Philippines. A responsible officer of the applicant company must submit a certificate to the effect that the person who seeks entry into the Philippines is an executive of the applicant company and will work exclusively for applicant’s regional or area headquarters, or regional or area operating headquarters, as the case may be and that he will be paid by the headquarters in the Philippines an amount equivalent to at least twelve thousand United States dollars per annum. The visa may be extended yearly upon submission of documents showing the subsistence of the conditions for the grant of the visa. Holders of this visa are exempted from securing an AEP and ACR I-Card as well as from making ECC/SRC payments.¹⁶

Please note that holders of dependent visas are not allowed to work in the Philippines whether full or part-time. The moment that they work under a dependent visa they cease to be dependents and they violate the conditions of their stay and may be subject of a deportation proceeding.¹⁷ By engaging in personal employment each dependent must apply for their own working visa together through an application filed by their employer.¹⁸

How do I apply for an Employment Visa?

The application for an employment visa is done by completing all the requirements listed in the Bureau of Immigration’s checklist of requirements for the type of employment visa being applied for, submitting said requirements to the Bureau and paying the appropriate filing fees.

Where do I apply for an Employment Visa?

Employment visas are applied for and issued by the Bureau of Immigration.

Those outside the Philippines may also try applying for an employment visa by submitting their requirements to the nearest Philippine Embassy or Consular Office as some of these offices have been authorized to issue employment visas.

Please note that securing an AEP is part of the requirements needed to apply for 9(g), 9(d) and 47(a)2 visas, and that applications for an AEP must be submitted to the Department of Labor and Employment (DOLE).

Can I hire someone to assist me in processing my papers?

Yes, there are lawyers and accredited entities that may assist an applicant in completing the requirements and filing the application with the Bureau.

What documents do I need to submit?

The requirements needed for a visa application as well as their contents vary depending on the type of visa as well as the circumstances of the applicant but these are generally the type of documents that will be expected to accompany a work visa and AEP application:

1. Documentary and other requirements that must be provided by the expatriate
   1. Authenticated marriage contract, if accompanied by a spouse
   2. Authenticated birth certificate of dependent children or authenticated adoption papers whichever is applicable, if accompanied by dependent children
   3. Fully accomplished application form/s
   4. ID pictures
   5. Signed curriculum vitae
   6. Valid passport¹⁹
   7. Proof of physical presence in the Philippines on the date of filing as well as on the date that the visa is issued.
   8. Affidavit of Support in favor of dependents
   9. Income Tax Return (ITR)

II. Documentary and other requirements that must be submitted by the Company
1. Notarized application letter and/or letter request
2. Company registration papers, i.e., certificate of registration articles of incorporation, by-laws, General Information sheet (GIS)
3. Certification issued by a company representative
4. Original employment contract²⁰
5. Tax Identification Number of the expatriate²¹
6. Company Income Tax Return
7. Audited financial statements
8. Affidavit of Support in favour of the expatriate
9. Secretary’s Certificate if the position of the expatriate is elective

III. Documents to be issued by the Bureau of Immigration and/or other government offices
a) Endorsement letters in applications that are reviewed by more than one government agency;
b) Bureau of Immigration Clearance Certificate and other security clearances; Official receipts evidencing payment of fees

How long do I wait for my papers to be processed?

The processing time for employment visas range from a minimum of about three (3) weeks to a maximum of about two (2) months depending on the type of visa. See below:

Visa Type	Processing Time
9(d) Treaty Trader Visa22	1 and ½ months from filing and submission of complete documents
9(g) Pre-arranged Employment Visa23	2 months from filing and submission of complete documents
47(a)2 PEZA Visa	1 and ½ months from filing and submission of complete documents
47(a)2 BOI Visa	2 months from filing and submission of complete documents
E.O. 226 ROHQ/RHQ Special Non-Immigrant Visas24	3-4 weeks from filing and submission of complete documents

Where can I check on the status of my application?

The status of applications for the issuance of employment visas may be checked online at the Bureau of Immigration’s website for those applications heard and approved by the Board of Commissioners (BOC). 9(g), 9(d) and 47(a)2 visa applications are among those heard by the BOC.

The visas mentioned above as well as other visas applications may also be followed up with the Office of the Commissioner by the foreign national himself or by the lawyer or accredited entity representing him .

How does a valid employment visa look like?

A valid employment visa is a written endorsement stamped on the applicant’s passport or travel document stating the visa granted and its duration of validity.

Aside from obtaining a work visa, how else can I reside in the Philippines?

Other than securing an employment visa, a foreign national seeking to reside in the Philippines may choose to apply for an immigrant visa or an investment based visa which will allow them to work and reside in the Philippines.

1. a) Immigrant Visas
   Generally, a foreigner may acquire immigrant status in the Philippines if his country reciprocally allows Philippine citizens the same privilege. This privilege is usually embodied in a reciprocity agreement between the Philippines and the foreign applicant’s country. However, such a reciprocity agreement need not be embodied in a formal written instrument. It is sufficient and effective that the principle of reciprocity is mutually recognized, dutifully observed and impartially implemented by both the Philippines and the foreign government concerned.²⁵ Consular officers are thus directed to report the prevailing immigration policies in their respective posts, and to inform the Secretary of Foreign Affairs of changes in the immigration laws of the country of their assignment.²⁶

The grant of immigrant status and/or permanent residence is based on comity and reciprocity where the Philippine government extends the same privilege extended to its citizens that are allowed to attain permanent residence or become immigrants within their territories. In proving entitlement to the issuance of an immigrant visa, an applicant, in addition to proving that he/she possesses all the requirements and does not possess any disqualification must also prove that his country allows Filipinos to acquire permanent residence.²⁷ Aside from being based on comity, the grant of immigrant status has also been deemed a privilege and can thus be subject to limitations and restrictions.²⁸

Section 13 of the Philippine Immigration Act of 1940 provides for two categories of immigrant visas that foreigners may apply for²⁹ - a quota immigrant visa and the non-quota immigrant visa.³⁰ The number of quota immigrant visas that may be issued in a year is limited to fifty of any one nationality or without nationality. In allotting quota numbers, the Commissioner of Immigration shall accord preference status to applicants in the following order of priority: (a) those possessed of qualifications, skills, or scientific, educational or technical knowledge which will advance and be beneficial to the national interest of the Philippines, and (b) those possessed of sufficient capital for a viable and sustainable investment in the Philippines.³¹ Thus, it is clear from the cited BI Memorandum Circular that for the purpose of issuing a quota visa, special qualifications, skills and knowledge which will be beneficial to the national interest takes precedence over sustainable investment. While the spouse and unmarried children below twenty-one years of age may also be included in the application, individual quota numbers are issued to each family member.

The non-quota immigrant visas granted under Section 13, (a) to (j) of the Philippine Immigration Act of 1940 rely on ties to the territory of the Philippines or ties to Filipino family members, and include, being married to a Philippine citizen,³² being born of a Philippine resident,³³ being a former Philippine citizen,³⁴ or being a returning resident.³⁵ Section 13 immigrant visas are granted on the basis of reciprocity. There must be at least a showing that an applicant’s foreign country grants reciprocal immigration privileges to Filipinos before an applicant may be entitled to these visas.³⁶ However, in recognition of the need to give substance to the Constitutional provision upholding the sanctity of family life and protecting and strengthening the family as a basic autonomous social institution while at the same time respecting the principle of reciprocity and the interest of national security, a national of a country which does not reciprocally grant permanent residence and immigration privileges to Filipinos as well as a national of a country which is classified as restricted, who is the wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen, if accompanying or following to join such citizen, shall be granted a temporary resident visa (TRV) valid for an initial probationary period of one (1) year and renewable thereafter for periods not exceeding three (3) years at one time.³⁷

• b) Investors and business persons
  In addition to the quota visa which requires the possession of sufficient capital for a viable and sustainable investment, there are visa categories which, while not giving its holders immigrant status, nonetheless entitle its holders to permanent residence for as long as their investments subsist and continue to be viable. Among the permanent residence visas that are frequently availed of are the following:

(i) Special Visa for Employment Generation (SVEG) The SVEG is a special visa issued to a qualified non-immigrant foreigner who shall actually employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry. Qualified foreigners granted this visa are considered special non-immigrants with multiple entry privileges and conditional extended stay, without need of prior departure from the Philippines. Its privileges may extend to the qualified foreigner’s spouse and dependent unmarried child/children below eighteen years of age whether legitimate, illegitimate or adopted.³⁸

Applicants who wish to avail of this visa must prove that:
1. He shall actually, directly or exclusively engage in a viable and sustainable commercial investment/enterprise in the Philippines;
2. He exercises/performs management acts or has the authority to hire, promote and dismiss employees;
3. He evinces a genuine intention to indefinitely remain in the Philippines;
4. He is not a risk to national security;
5. He has a commercial investment/ enterprise which will provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and applicable special laws;

Holders of this visa must continue to possess these requirements in order to be entitled to this visa.³⁹

(ii) Special Investor Resident Visa (SIRV)
The SIRV is given to qualified foreigners who invest⁴⁰ at least $75,000.00 in existing or new Philippine corporations that are: (a) publicly listed; (b) engaged in industries included in the Investment Priorities Plan (IPP); or (c) engaged in the manufacturing or service sectors.⁴¹

Applications for this visa are received and processed either through the BOI⁴² or through the Foreign Service posts of the Department of Foreign Affairs.⁴³

Successful applicants are entitled to apply for dependent visas for their spouse and unmarried minor children.⁴⁴

Issuance of this visa entitles the holder and his dependents to reside in the Philippines for an indefinite period as long as the investment subsists.⁴⁵

(iii) Special Retirees Resident Visa (SRRV)
The SRRV is given to qualified foreigners who are at least thirty-five (35) years of age and able to deposit in an accredited bank the amounts required⁴⁶ under the conditions stipulated by the Philippine Retirement Authority.⁴⁷

On 05 May 2011 the SRRV was further liberalized and divided into four types of visas according to the age of the investor, his background and amount that he is required to deposit/ invest.⁴⁸

The SRRV Smile is granted to those who are at least thirty-five (35) years of age and able to deposit at least $20,000.00. Under this visa type, the deposit is locked in and kept in the bank and cannot be converted to another form of investment. It may only be withdrawn upon the cancellation of the visa.

The SRRV Classic on the other hand is given to those who are either: (a) thirty-five (35) to forty-nine (49) years of age with a deposit of $50,000.00; (b) fifty (50) years old and above, without pension, but with a deposit of $20,000.00; or (c) fifty (50) years old and above, with pension and a deposit of $10,000.00. For this visa the funds deposit in an accredited bank may be converted into an investment in, by purchase or long term lease of a condo if it is at least $50,000.00.

The SRRV Human Touch is given to qualified applicants who are thirty-five (35) years of age and above, with a monthly pension of at least $1,500.00 and a deposit of $10,000.00, provided that the applicant has a non-contagious pre-existing condition that requires medical care and services. The deposit cannot be converted into another form of investment.

The last kind of SRRV is called SRRV Courtesy and is given to applicants who are thirty-five (35) years old and above and are either former Filipino citizens or retired diplomats and ambassadors. The required deposit is just $1,500.00 and it may not be converted to another form of investment.

Under this visa, the investor and his dependents are given permanent residence status for as long as the deposit/investment subsists. The holder of this visa is allowed to bring as his dependents his spouse and unmarried children below twenty-one (21) years of age.⁴⁹

Should the dependent child attain majority, he is still entitled to the benefits of a dependent visa as long as the investment is still in existence.⁵⁰

Note that each applicant and/or visa holder, who is not a former Filipino is required to give an additional investment of $15,000.00 for each additional dependent in excess of two.

This visa is processed by the PRA and applications are accepted online at http://www.pra.gov.ph/main/srrv_form.

Lastly, a Student visa also allows a foreigner to reside in the Philippines during its validity but holders of student visas are prohibited from working or being employed.

Can someone who is not a local sponsor my residency?

As a general rule, NO. A foreigner seeking to reside in the Philippines needs a local sponsor, either a Philippine company for employment visa applications or a Filipino citizen in case of a visa application based on family ties.

However, a foreigner who is issued an employment visa or an investment based visa may bring as his dependents his spouse and minor children, subject to the submission of proof of their relationship and his capacity to support them as well as compliance with additional conditions such as making an additional investment whenever required by the visa status sought.

Adopted children and children by marriage may also be admitted as dependents in order to preserve family solidarity but their inclusion as dependents is entirely discretionary upon the Commissioner of Immigration⁵¹ since the Philippine Immigration Act of 1940 excludes from the term “child”, “father” and “mother” a child or parent by adoption.⁵²

To be considered a dependent spouse, there must be a valid and subsisting marriage between the spouse and the principal visa holder. Spouses coming from common law unions or gay marriages may not qualify as dependent spouses since our government considers these unions against public policy and void.⁵³

Holders of dependent visas may study and reside in the Philippines but cannot work using the said visa.⁵⁴

Parents of the principal visa holder, as well as brothers and sisters do not qualify as dependents and must secure visas based on their own personal circumstances.

Upon getting my Employment Visa, when can I get Permanent Residency and acquire Citizenship?

A holder of an employment-based visa does not acquire the right to apply for permanent residence or become an immigrant by mere passage of time. To obtain any of the visas that grant permanent residence privileges under the special laws described in an earlier section, the foreign national must comply with the requirements (whether, retirement, investment or other basis) for the grant and continued enjoyment (for example, subsisting investment or cash deposit) of the said visas. To be granted immigrant status under Section 13 of the Philippine Immigration Act, he must comply with the specific conditions prescribed for each category of immigrant visa, such as, marriage to a Filipino, qualification for quota visa, being born in the Philippines of immigrants, being a former natural born Filipino, naturalized in a foreign country and returning to reside permanently in the Philippines.

A foreigner who seeks to acquire Philippine citizenship may either file a petition for judicial naturalization under the Revised Naturalization Law or administrative naturalization under the Administrative Naturalization Law of 2000.

Under the Revised Naturalization Law, the petitioner must have resided in the Philippines for a continuous period of not less than ten years. ‘Residence’ refers to the person’s actual place of abode, the place of continued residence. The ten (10) year minimum of the same qualification can be reduced to five (5) years if the applicant has:

1. honorably held office under the Government of the Philippines or under that of any of its political divisions,
   b. established a new industry or introduced a useful invention in the Philippines,
   c. is married to a Filipino woman,
   d. engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years, or
   e. was born in the Philippines.

The petitioner must be able to prove that he has all the qualifications and none of the disqualifications for naturalization.

Administrative naturalization is an abbreviated procedure for the acquisition of Philippine citizenship but requires that the applicant was born in the Philippines.

Where can I get information on residency and citizenship?

Information regarding these matters are available online through the websites of the Bureau of Immigration,⁵⁵ Department of Justice⁵⁶ and the Board of Investments.⁵⁷

Most visas which allow a foreign national to reside in the Philippines as an immigrant or as a non-immigrant permanent resident, allows him to obtain employment in the Philippines, so there is no need for the foreign national to obtain a work visa. However, foreign nationals who are non-immigrant permanent residents are required to obtain an Alien Employment Permit from the Department of Labor and Employment (DOLE).

If I have a valid work visa / residence, how long is the visa before it expires?

The periods of validity of employment visas vary with the validity of the contract of employment. But work visas are usually issued for a period ranging from one to three years. However, since the employment visa is employer specific, its validity will terminate if the foreign national’s employment with the company is terminated.

Immigrant visas are valid for as long as the holder resides in the Philippines and complies with the requirements and conditions imposed on his visa classification.

Investment visas such as the SIRV and SRRV remain valid for as long as the investment subsists and the holder complies with the requirements imposed by the government agencies that administer their visas.

How long can I stay outside the country before the visa expires?

As a general rule, a foreign national should return to the country before his visa expires. If he cannot return before the date his visa expires, he should apply for a grace period prior to his departure. A grace period is granted for a maximum period of three months and is stamped on the foreign national’s passport.

Does the country have single and multiple entries for visa? If so, what should I do to get a multiple entry?

Entry visas which are issued to foreigners whose nationalities are among those listed as restricted by the Bureau of Immigration are required to secure entry visas prior to travelling to the Philippines. Foreigners may be issued an entry visa with either single or multiple entry privileges subject to the discretion of the consular official that receives and processes the application. The applicant seeking to apply for a multiple entry visa must prove that he is qualified for this visa and that there is sufficient need and justification for the grant of this privilege in his favor.

Tourist visas which are stamped and given upon arrival are always single-entry.

How can I transfer my sponsorship from one employer to the next?

Holders of employment visas must downgrade their visa status back to temporary visitor and cancel their AEPs before they can apply for a new employment visa with another employer.

Is there a grace period to renew employment visa?

Applications for the renewal of 47(a)2 PEZA employment visas must be filed at least thirty (30) days prior to the expiration of the visa sought to be renewed while applications for the renewal of other employment visas must be filed on or before the expiration of the visa being renewed.

Pending the release of the renewed visa, an applicant may apply for a grace period which will allow him to travel in and out of the country for as long as the grace period is valid.

When my work visa expires, how can I re-enter the Philippines and accept a new job?

Upon the expiration of a work or employment visa, its holder must apply for the downgrading of his status back to temporary visitor and surrender his Alien Employment Permit. If he will be leaving the Philippines he must pay the appropriate fees in order to secure clearance certificates which will allow him to properly leave the country. If he is not a restricted national he may re-enter the Philippines without a visa and begin the process, once again, of changing his visa status from a temporary visitor to a holder of the particular work visa that fits his and/or his new employer’s qualifications.

If the nationality of a foreign national is among those included in the list of restricted nationals, he must apply for a temporary visitor visa from the Philippine consulate in his place of residence.

A temporary visitor, whether restricted or not, is required to have an outbound ticket when he travels to the Philippines since he will be admitted as a temporary visitor.

How do I make sure I don’t get banned from re-entry?

Once admitted, foreigners are bound to respect the laws of the territory, and owe a local or temporary allegiance to the government of the country where they reside which continues during their stay.⁵⁸ A foreigner’s obligation of “temporary allegiance” to a country while he or she is acting within its territory refers to the alien’s duty to obey all laws of a country as long as he or she remains in the country.⁵⁹ Foreigners are in general entitled to the protection of the laws with regard to their rights of person and property⁶⁰ and may also be obligated to contribute and perform acts redounding to the general welfare whenever proper.⁶¹

The rights and duties of an alien admitted into the Philippines are subject to conditions imposed by law⁶² and may vary according to their immigration status.⁶³

Failure on the part of a foreigner sojourning or staying in the Philippines, to abide by Philippine law and to maintain the conditions of his stay constitute cause for their deportation.⁶⁴

Once deported, a foreigner is returned to his country of origin and his name will be included in the Blacklist which will bar him from returning to the country.

The best way to avoid being barred from re-entry is to abide by all laws and comply with the conditions imposed upon a particular visa category. In particular, visas must be kept updated and current so that a foreign national does not overstay.

Foreigners who reside in the Philippines must also avoid any form of arrogant high-handed behavior which may provide a basis for a deportation complaint for being anti-Filipino or for being an “undesirable” alien.

What are the government fees I have to pay for while I’m on my work visa? How much do I pay for taxes, visa processing?

The fees for the processing of visa applications vary according to the visa that you are applying for. The schedule of fees paid to the Bureau of Immigration may be online at their website.

The taxes paid by a foreigner will also differ according to the privileges afforded by the type of visa granted to him and to the presence of any tax treaty between his government and the Philippine government.

The National Internal Revenue Code of the Philippines (“NIRC”)⁶⁵ classifies foreigners into three (3) main types for income tax purposes: (a) resident alien; (b) non-resident alien engaged in trade or business; and (c) non-resident alien individual not engaged in trade or business.

A resident alien⁶⁶ has been defined as one who is actually present in the Philippines and who is not a mere transient or sojourner. To be considered as a transient, the stay in the Philippines must be for a definite purpose which by its nature may be promptly accomplished. However, if the purpose of his stay is of such a nature that an extended stay may be necessary, and to that end he makes his home temporarily in the Philippines, he will be considered a resident for income tax purposes, even if it might have been his intention to return to his domicile abroad when the purpose for his stay has been consummated or abandoned.⁶⁷

A resident alien will be taxed on his taxable income from all sources within the Philippines.⁶⁸ The term “taxable income” is defined as the pertinent items of gross income specified in the NIRC less the deductions and/or personal and additional exemptions authorized by the NIRC or other special laws.⁶⁹ Notably, there are certain kinds of income which are already subject to final taxes and need not be declared as part of one’s taxable income. These include, among others, interest income from any currency bank deposits, yields or any other monetary benefits from deposit substitutes, trust funds and similar arrangements which are taxed at 20%, interest income from a depositary bank under the expanded foreign currency deposit system at the rate of 7.5% and cash or property dividends at the rate of 10%.⁷⁰ On the other hand, interest income from long-term deposit or investments⁷¹ in the form of savings, common or individual trust funds, deposit substitutes, investment management accounts and other investments evidenced by certificates in such form as prescribed by the Bangko Sentral ng Pilipinas shall be exempt from income tax, unless the latter are pre-terminated within five years.⁷²

A resident alien will further be subject to a final tax on the net capital gains realized during the taxable year from the sale, barter, exchange or disposition of shares of stock in a domestic corporation, except shares sold or disposed of through the stock exchange, at the rate of 5% for amounts not exceeding P 100,000.00⁷³ and 10% on any amount in excess of P 100,000.00. Shares sold or disposed of through the stock exchange are subject to a final tax of 0.5% of their gross selling price or gross value in money.⁷⁴

Lastly, in the event a resident alien sells or disposes of real property in the Philippines, a final tax of 6% based on the gross selling price or current fair market value (as determined by the Bureau of Internal Revenue), whichever is higher, will be imposed on the capital gains presumed to have been realized from such sale or disposition.⁷⁵

A non-resident alien is considered as being engaged in trade or business in the Philippines if he comes to the Philippines and stays therein for an aggregate period of more than 180 days.⁷⁶ A non-resident alien is subject to an income tax in the same manner as a resident alien,⁷⁰ except in cases of cash or property dividends which are subject to a final tax at the rate of 20%.⁷⁸ Furthermore, the income of a non-resident from transactions with depository banks under the Expanded Foreign Currency Deposit System is exempt from income tax.⁷⁹

On the other hand, a non-resident alien individual not engaged in trade or business in the Philippines will be taxed on the entire income received from all sources within the Philippines equivalent to twenty five (25%) of such income.

By way of exception, alien individuals employed by the regional or area headquarters and regional operating headquarters of multinational companies; by offshore banking units, or by a foreign petroleum service contractor or subcontractor shall be taxed on the income they receive from such entities at the rate of fifteen percent (15%) of their gross income, with their other income being subject to the appropriate income taxes.⁸⁰

Notably, capital gains on the sale or disposition of shares of shares of stock and real property by non-resident aliens, whether considered as engaged in trade or business or not, are subject to tax in the same manner as that for resident aliens.⁸¹

If my passport expires before my visa expires, what should I do?

A foreign national will be admitted into the Philippines only if his passport has a validity of at least six months at the time of entry. Once admitted, his Philippines visas will not be given a validity period that will exceed one month before the expiration of his passport. To obtain any further extensions, he must renew his passport.

What happens to an expat’s child born in the country? What nationality will the child be? What are the issues I need to consider?

The Philippines adheres to the rule of jus sanguinis, where the basis of citizenship is blood relation. A child born of foreign nationals in the Philippines will not acquire Philippine citizenship. As far as Philippine law is concerned, his citizenship will be determined by the national law of his parents.

I am a Filipino currently living overseas with a foreign national. What are the requirements for my partner to be able to reside with me in The Philippines?

Upon arriving in the Philippines, the spouse of a Filipino citizen may apply for an immigrant visa under Sec. 13(a) of the Philippine Immigration Act of 1940.

To be considered entitled to this visa, there must be a valid and subsisting marriage between the applicant and the Philippine citizen. Spouses coming from common law unions or gay marriages may not qualify for this visa since our government considers these unions against public policy and void.⁸²

◄ IMMIGRATION EXPERT IN THE PHILIPPINES ►
Setting the pace in excellence in the practice of law Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW) is a cohesive multi-disciplinary team of legal professionals who possess in-depth knowledge of specialized fields of law. Our legal expertise is backed by extensive experience earned from over thirty years of practice in Philippine Law.

ACCRALAW’s experience in advising and representing clients on immigration matters covers a wide range of transactions. The Firm’s immigration specialists are sought by multinational companies, foreign embassies, local conglomerates, international hotel chains, business chambers, foreign businessmen doing business in the Philippines and expatriates.

The Firm’s Immigration Department provides its clientele with legal representation before government agencies involved in defining the terms and conditions of an alien’s authorized stay in the Philippines as well as before courts and administrative agencies in connection with petitions for the acquisition of Philippine citizenship.

REGINA P. GERALDEZ
SENIOR PARTNER AND HEAD OF IMMIGRATION DEPARTMENT

Atty Regina P. Geraldez gives advice on all types of visas and work permits for investors and their employees, as well as advice on investments, joint ventures, acquisitions of agricultural land and its conversion to commercial, industrial, or residential uses. She used to be involved in litigation work before the appellate courts. She has advised on the acquisition by a foreign bank of a local subsidiary and on investments in the Subic Bay Freeport. She served as Associate Commissioner of the Commission on Immigration and Deportation from 1988 to 1990.

http://openphilippines.com

Where and how can I obtain a work permit in Poland?

Work permits are issued by a province governor (Wojewoda) upon the request of an employer intending to employ a foreigner. Work permit is valid only together with a relevant residence legalization document, i.e. work visa or a residence permit document.

Do EU citizens apply for a work permit?

EU citizens are allowed to work in the Republic of Poland without necessity of obtaining a work permit, on the condition of residence legalization within 3 months from the date of entering the country.

How many kinds of work permits are there?

There are 5 types of work permits in Poland - work permit is required, if a foreigner:

1. performs work in Poland pursuant to a contract with an employer whose registered office, place of residence, branch, facility or other form of business is located in Poland (type A),
2. stays in Poland for a period the total length of which exceeds 6 months in 12 consecutive months for the reason of performing a function in the management board of a legal person which has been entered into the register of entrepreneurs or which is a company in organization (type B),
3. performs work for a foreign employer and is delegated for a period exceeding 30 days in a calendar year to a foreign entity’s branch or facility located in Poland, its subsidiary or affiliate (type C),
4. performs work for a foreign employer without a branch, facility or other form of business in Poland and is delegated to Poland for the purpose of execution of a service of temporary and casual nature (export service) (type D),
5. performs work for a foreign employer and is delegated to Poland for a period exceeding 3 months within the next 6 months for the purpose other than that indicated in points 2-4 (type E).

How can I get a Polish work visa?

Work visa can be obtained at the Polish Consulate, after presenting a work permit document.

Who is the applicant for a work permit?

An employer is a party to administrative proceedings which means that the person who submits application for issuing work permit is the employer wishing to employ a foreigner and not a foreigner himself/herself.

Where and how can a residence permit be obtained?

Residence permits are issued to foreigners on the basis of an administrative decision of the province governor (Wojewoda) made on the basis of an application. Application is submitted by a foreigner himself/herself.

Who can I hire to assist me in processing my papers?

You can hire relocation or an immigration specialist company, as well as a lawyer, specializing in immigration and labour law regulations. They can act on your behalf on the basis of a power of attorney.

What are the documents I need to submit?

List of documents may vary and it will depend on what kind of procedure you will be involved in (work permit, visa application or a residence permit), as well as type of work permit or residence permit.

How long do I have to wait for my papers to be processed?

Processing time depends on what kind of procedure will be handled:

• Work Permit – 30 days
• Residence Permit – 45 – 90 days
• Work Visa – 7- 30 days (depends on a work load of a specific Polish Consulate)

Authorities have the right to prolong relevant procedures if additional clarifications or documents are required.

Where can I check on the status of my application?

You can check on the status of your application with relevant authorities. It can be done through your representative, who has relevant power of attorney.

What will my proof of employment legalization be?

In order to proof you are legally employed in Poland, you need to have a work permit document together with a relevant stay legalization document, i.e. work visa in your passport or a decision about residence permit with a right to work.

What are the government fees I have to pay for while I’m on my work visa?

Government fees are paid while submitting a relevant application and they are as follows at the moment:

1. Work Permit:

• PLN 50 – in the case of application for a work permit for a period of up to 3 months,
• PLN 100 - in the case of application for a work permit for a period of more than 3 months,
• PLN 200 – in the case of D-type application (for an employee delegated for the purpose of providing an export service),
• Application for permit prolongation - 50% of the above amounts.

2. Work Permit For A Fixed Period Of Time:

• PLN 340 – for issuing a permit
• PLN 50 – for residence card

3. Work Visa:

• EUR 35 – for citizens of Ukraine and Belarus
• EUR 60 – for citizens of other countries

How long is the validity of the work visa before it expires?

Work visa is issued for the period of time corresponding to validity of a work permit, however it can be issued for up to 1 year.

If my passport expires before my work visa expires, what should I do?

It has to be noted that if validity of a passport is relatively short, Polish work visa will be issued with the expiration date exactly 3 months before end date of passport validity. It means sometimes it is better to consider changing/prolonging passport before applying for a work visa. If work visa expires and validity of a work permit is longer, you can apply again for a work visa with a new passport.

When my work visa expires, how can I re-enter Poland and accept a new job?

Once your work visa and work permit expire, you cannot continue working and residing in Poland. You have to start relevant work and residence legalization procedures from the beginning. Alternatively you can consider prolongation of relevant permits in due time, before they expire.

Is there a grace period to renew my work visa?

Work visa usually is granted with the 1st work permit. In case of prolonging your employment and work permit you should apply for a residence permit in Poland. Work visa however might be granted again, depending on a specific situation of a specific foreigner and there is no official grace period.

Can I come to Poland on a tourist visa to search and apply for jobs?

You can search and apply for jobs while on a tourist visa, as long as performing work is not involved.

What happens when an employer asks me to work immediately without a work permit?

Unless you are an EU citizen, such situation is against the Polish law and it is not advisable.

How do I make sure I don’t get banned from re-entry?

You just need to make sure you do not break any law regulations, especially Labour Code and regulations concerning work of foreigners in Poland, Act on Foreigners, as well as Criminal Code.

How can I transfer my work permit from one employer to the next?

Every time you change an employer, you need a new work permit. It is not possible to transfer work permits between different employers.

Aside from obtaining a work permit, how else can I reside in Poland?

You can apply for a residence permit in Poland, aside from the situation of obtaining a work permit, in the following circumstances:

1. running a business activity on the basis of regulations of the Republic of Poland that is beneficial to the national economy, contributes to the growth of investments and transfer of technologies, introduction of beneficial innovations or creation of new jobs,
2. a foreigner with recognized artistic achievements continues his/her artistic activity in the Republic of Poland,
3. participation in professional trainings and internships under European Union programmes,
4. intention of a family member to reside together with the migrating employee, referred to in the European Social Charter adopted in Turin on 18.10.1961,
5. contraction of marriage with a Polish citizen,
6. arrival to or stay in the Republic of Poland for the purpose of joining the family,
7. residence in the Republic of Poland of foreigner’s minor child that was born in this territory and remains without custody,
8. being a spouse or an adult child of a foreigner residing and staying in the Republic of Poland for at least 5 years on the basis of residence permits for a fixed period, granted in relation to joining the family,
9. stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to joining the family, in the case of becoming a widow or a widower, divorce, separation, death of an ascendant or descendant of the first degree, if a particularly important interest of a foreigner is at stake,
10. stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to contracting a marriage with a Polish citizen, in the case of becoming a widow or a widower or in the case of divorce or if a particularly important interest of a foreigner is at stake,
11. being a minor child of the foreigner with residence permit for a fixed period, born in the Republic of Poland,
12. possession of a residence permit for a long-term EC resident, issued by another European Union Member State and intention to perform work or economic activities on the basis of regulations effective in the Republic of Poland and taking up or continuation of studies or vocational training or demonstration that there are other circumstances justifying foreigner’s residence in territory of the Republic of Poland;
13. being a family member who accompanies or intends to unite as a family member with a foreigner referred to in point 13, with whom the family member stayed in the territory of another European Union Member State,
14. being a victim of trafficking in human beings in the meaning of Council Framework Decision of 19 July 2002 on combating trafficking in human beings if a foreigner:
    • stays in the Republic of Poland,
    • undertakes collaboration with an authority competent for carrying out proceedings concerning trafficking in human beings,
    • has given up contacts with persons suspected of offences related to trafficking in human beings,
15. arrival to or stay in the Republic of Poland in order to start or continue full-time higher education studies or full-time doctorate studies, also if the foreigner has started studies in the territory of another European Union Member State which he/she intends to continue or complete in the Republic of Poland,
16. being a scientist who arrives to or stays in the Republic of Poland in order to carry out scientific research on the basis of an agreement of employment for a research project implementation, concluded with a scientific institution approved by a minister competent for science,
17. possession of a residence document with an annotation “scientist”, issued by another European Union Member State, if an agreement of employment in a research project implementation, concluded with a competent scientific institution of that country, provides for carrying out scientific research also in the Republic of Poland,
18. intention to begin or continue education or a vocational training in the Republic of Poland,
19. due to relationships of family nature - intention to join a Polish citizen or a citizen of a European Union Member State, a member-country of the European Free Trade Association (EFTA), which is a party to the Agreement on the European Economic Area, or of the Swiss Confederation, residing in the Republic of Poland,
20. being a clergyman, a member of an order, or a person performing religious duties in churches and religious associations the status of which is regulated by an international agreement, by provisions of acts on relationship between the state and church or another religious association and such associations which act pursuant to an entry to a register of churches and other religious associations, and foreigner’s stay in the Republic of Poland is connected to duties performed by him/her or preparation to performance of such duties,
21. demonstration that there are circumstances other than the above.

How can my spouse or children who work and live in Poland sponsor my residency?

Your spouse or children, who live in Poland, can sponsor your residency in case of arrival to or stay in the Republic of Poland for the purpose of joining the family. They can sponsor you as their dependant.

How can I get a job soon after my family sponsors my residency?

Unless you are a spouse of a Polish or EU citizen, after successfully finding and securing a job, a work permit will be needed. You will also need to apply for a new residence permit on the basis of the work permit, to have a right to work. Residence permit is granted on the basis of joining the family does not allow you automatically to be able to perform work.

How can I apply for permanent residency and acquire citizenship when I get my work permit?

It is not easy to obtain a permanent residency or acquire Polish citizenships. Regulations are very strict and there are many stipulations to be met before being eligible to submit an application. Each case is being revised individually and carefully inspected by the authorities. The subject is comprehensive and it is advisable to contact an immigration consultant.

Does Poland have single and multiple visa entries? How do I get a multiple visa entry?

Yes, Poland has multiply entry visas and obtaining them depends on the purpose of entering the country by a foreigner. Work visa is a multiply entry visa.

Will an expat’s child born in Poland acquire citizenship?

Child born in Poland acquires Polish citizenship only on a condition that one of the parents is a Polish citizen. Otherwise it is not possible.

I am Polish currently living overseas with a foreign nationality. What are the requirements for my partner / spouse to be able to reside with me in Poland?

It has to be noted that partner other than a spouse might have major difficulties to legalize their stay in Poland, especially for non-EU nationals. Also same sex couples are not recognized in Poland. As a Polish citizen you can sponsor your spouse with an application for a residence permit, on the basis of the marriage certificate. In such case your spouse is allowed to work in Poland without necessity of obtaining a work permit.

Where can I find more information on residency and citizenship?

You can find more information at the Office for Foreigners website at www.udsc.gov.pl as well as Polish Consulates and province governors’ offices (Wojewoda) website for Warsaw at www.mazowieckie.pl.

What should I do to have a successful relocation?

In case of non-EU nationals, coming from countries where a non-visa stay for up to 90 days is not allowed, it will be necessary to obtain a visa to travel to Poland for a “look see trip”. Before accepting a job it is advisable to check the following issues, including documents needed, with the future employer:

• work and residence legalization requirements
• health insurance conditions
• bank account options
• accommodation options
• options for schools / kindergarten/ nurseries, if applicable.

A new hire should always check requirements for their work and residence legalization, including documents needed from a foreigner and an employer/ company, for the relevant procedures, as pursuant to regulations. It will depend on nationality of a new hire and employment conditions.

◄ IMMIGRATION EXPERT IN POLAND ►
LEGE ARTIS is a privately owned consultancy, based in Warsaw area and we have been operating on the Polish market since 2003.

We work mainly for multinational companies operating in Poland, providing a broad range of administration services, consisting of the following:

• services for expatriates
• legalization of documents
• company formation and administration, incl. establishing and registration of companies • legal assistance
• consulting in the field of employment regulations
• any other administration assistance.

We specialize in immigration services concerning work and residence permits.

Which industries employ expats in Russia?

Expats are mostly employed in the Manufacturing, IT, Energy sectors and Consulting, but can be found in other sectors as well.

What kind of employment visas does Russia offer?

• Visa for Highly Qualified Professionals (HQP), valid up to three years, is issued on the basis of HQP personal work permit and visa invitation letter. Foreigners qualify for the HQP process, if they have a Russian employment contract with an LTD or branch office and are to receive an annual salary of 2 million rubles or higher.
• To receive a standard employment visa, valid up to one year, the employer (limited liability company) must receive various permits beforehand and the process is quite time consuming. A single entry 90-day work visa is issued to a foreigner by a Russian consulate or embassy abroad. After the foreigner arrives to Russia, the work visa must be extended to a multiple entry visa valid for the period of a work permit.
• Employment visa for representative offices of foreign companies, valid up to three years, is issued on basis of employment with representative office and foreigner’s accreditation at a relevant Chamber. The representative office has to obtain additional employment permits to allow the foreigner to perform work activities.
• Nationals of certain CIS countries (Commonwealth of Independent States) do not need a visa to work in Russia, but their company must obtain a personal work permit for them.

You can find a step-by-step outline of the immigration process HERE.

How can I get an employment visa in Russia?

Visas are issued at Russian embassies or consulates abroad based on appropriate invitation letters. Companies must apply for invitation letters separately but before applying for a letter, they must apply for required permits which vary depending on visa type.

Can I apply for an employment visa on my own?

Your company must sponsor your work permit and visa application. The only exception is for CIS nationals who may apply for a 3 months work permit on their own but they must find an employer during the 3 months.

Who can I hire to assist me in processing my papers?

You can turn to Move One Relocations for guidance on immigration to Russia.

What are the documents do I need to submit?

Standard documents required for work visa application include passport, photos, application form, health insurance and invitation letter. Depending on the consulate, an HIV test may be necessary to complete. For specific requirements visitors should contact the consulate where application is to be lodged. List of Russian consulates is available on the website of the Ministry of Foreign Affairs of Russia.

Application for invitation letters and permits consist of corporate and personal documents, which vary depending on the specific process.

How long do I have to wait for my papers to be processed?

Visa application takes about 1 to 14 days, however this is just one step of a long process which may take months to complete. In order to complete the immigration process including obtaining all needed permits, the approximate time may be:

• 1.5 to 2 months for highly qualified professionals
• 4 to 6 months for standard employment of non-CIS nationals
• 1 to 1.5 months for CIS nationals

Where can I check the status of my application?

You can follow up with the consulate or embassy to ask about the status of your visa.

What will my proof of employment visa be?

A sticker will be placed into your passport.

What are the government fees I have to pay for while I’m on my work visa?

You will need to pay consular fee for visa processing, the amount should be checked with specific consulate of application and will depend on processing time. Additional governmental fees for work permit application will be covered by your company.

How long is the validity of the employment visa before it expires?

Visas are generally extended for the period of a foreigner’s work permit. A work permit is issued for up to one year in case of standard case and for up to three years in case of HQP case.

If my passport expires before my employment visa expires, what should I do?

In most cases visa is not issued beyond passport expiration. Upon visa application, the passport must be valid for at least six months after the end date of issued permits. In case if visa was issued above the passport expiration date – you can apply for a new passport in Russia and once passport is ready, visa should be transferred to a new passport.

When my employment visa expires, how can I re-enter Russia and accept a new job?

If you intend to continue working in Russia, your work permit and visa can be extended. Visa extension can be completed within Russia. If you wish to change employers, a new work visa and relevant permits must be obtained.

Is there a grace period to renew employment visa?

To renew a visa, your company must obtain required permits before the expiration date of current visa. The process of obtaining new work permits has the same processing time as the initial application.

Can I come to Russia on a tourist visa to search and apply for jobs?

Except for HQP, conversion of visitor status into work permit status is not possible without leaving the country.

What happens when an employer asks me to work immediately without an employment visa?

This is illegal and will result in penalties in case of an audit.

How can I transfer my employment visa from one employer to the next?

A new employer must apply for new work permits and once they are ready, the visa can be transferred. For CIS nationals a new employment contact can be signed and after that the existing work permit should be corrected.

Aside from obtaining an employment visa, how can I have residency in Russia?

You may apply for temporary residence permit, though to apply you first need to receive a quota, unless your have any family members who hold Russian citizenship. The process of getting a quota is complicated and time consuming and not a common practice in Russia.

How can my partner / spouse or children who work and live in Russia sponsor my residency?

Dependents may accompany a main traveler by obtaining a dependent visa. The application for the dependent may be submitted simultaneously with that of the main applicant. An invitation letter from a FMS-registered company is necessary. Generally only spouse, and children under 18 qualify for dependent visas, however, highly qualified professionals are also able to bring the following family members as dependents: spouse and children (including adopted), children’s spouses, parents, parents’ spouses, grandparents, grandchildren. Marriage and birth certificates are required for family member applications and may require legalization/apostille.

How can I get a job soon after my family sponsors my residency?

As a dependent you can find a job in Russia, however you will have to obtain a work permit in order to take up the employment and your visa status must be changed to employment. Family members of HQP work permit holders do not need to change their visas.

How can I apply for permanent residency and acquire citizenship when I get my employment visa?

You can apply for permanent residence permit through a quota system, in case you have a Russian spouse. HQP has a simplified process which allow them to receive a residence permit without the above requirement. Such residence permits will be connected to an employer and in case of labor contract termination, the residence permit is annulled.

Will an expat’s child born in Russia acquire citizenship?

If both parents are foreigners, their child born in Russia does not acquire Russian citizenship, except for the situation where the country of parents’ citizenship refuses to grant citizenship to the child.

I am Russian currently living overseas with a foreign nationality. What are the requirements for my partner to be able to reside with me in Russia?

Your partner (if you have a registered marriage) can apply for temporary residence permit.

Where can I find more information on work visa, residency and citizenship in Russia?

You can find a comprehensive immigration overview for Russia on the Move One website.

What should I do to have a successful relocation?

You should plan your move well in advance in order to allow enough time for the processing of your permits.

In which countries is Russia exempted from visa when traveling?

Travelers are advised to check with the destination country’s local consulate or embassy to confirm visa requirements.

◄ IMMIGRATION EXPERT IN RUSSIA ►
Founded in 1992, Move One Inc is a multiple award winning integrated assignment and moving management company, providing seamless international relocation, removal and logistics services across the globe.

Headquartered in Dubai, UAE, Move One Inc offers its international clientele cutting edge relocation services, specialising in providing a fully integrated suite of transportation and relocation services, including door-to-door moving, departure and destination services, immigration, pet transportation and fine art transportation.

With almost 20 years of experience we have built a solid reputation in the industry for excellent service delivery, technological innovation and value for money. The organisation is renowned as a reliable, responsive and innovative partner within the industry, and Move One is proud of its reputation for knowledge and excellence in the field of immigration. Our services include:

• immigration and labor compliance
• document procurement
• legalization arrangements
• consulting services

Contact us today at [email protected] to find out more about our immigration services and how our team can help you with your specific needs. Visit our website for more information on all our services. www.moveoneinc.com

Those informations are a courtesy of expats career and may change depending on the country. The Law firms and Visa Application companies are just a random referal, choose carefully.

For more infos, ask us: [email protected]