United Kingdom Announces New Points-Based Immigration System

This year the UK government unveiled the most substantive changes to UK immigration law in over 40 years.  The new points-based system (PBS) will replace all current UK work permit and other employment categories.  The UK Border Agency announced that Tiers 2 and 5 of the PBS will take effect on November 27, 2008.  Tier 1, representing highly skilled migrant workers, became effective on June 30, 2008.  Tier 2 applies to skilled migrants with job offers who are coming to the UK to fill a gap in the UK labor market,  and Tier 5 applies to those traveling temporarily to the UK primarily for noneconomic reasons.  Under Tier 2, all companies that seek to sponsor foreign nationals for employment must first register with the UK Border Agency  and obtain a Sponsorship License.  Applications for work permits under the prior system posted after Tiers 2 and 5 of the points-based system are introduced November 27, 2008 will not be accepted (unless the individual is a Bulgarian or Romanian national). Individuals with work permits under the current work permit scheme may apply for the related passport endorsement after Tiers 2 and 5 are launched.

 The new system will result in employer audits and visits by the UK Border Agency to ensure that employers are complying with the law.  Taking a page from the United States, new civil penalties for noncompliance include fines of up to £10,000 per illegal worker, and new criminal penalties carry a sentence of imprisonment of up to two years and unlimited fines for employing illegal workers.

China Resumes Issuing Multiple-Entry Visas, Relaxes Processing Requirements

The Chinese government has resumed issuing multiple‑entry L (Tourist) and F (Business) visas, which are usually valid for up to 180 days.  Earlier this year, the government was approving only single-entry and dual‑entry visas.  Generally, Invitation Letters issued by the Chinese government (Official Invitation Letters) are no longer required for single‑entry and dual-entry F visa applications but are still required for multiple-entry F visa applications.  For applications filed in the United States, Official Invitation Letters are no longer required.  However, company-issued Invitation Letters are required for all multiple-entry F visa applications, and for single‑entry and dual-entry F visa applications filed with the Chinese Consulate in New York.  Confirmed return tickets and hotel reservations in China are no longer required for L and F visa applications, unless the applicant is a national of a restricted country.

Russia Permits In-Country Extension Applications

Foreign nationals working in Russia may now extend their multiple-entry work visas on the basis of a renewed labor agreement with their employer, even if the employer has not renewed the foreign national’s Work Permit before its expiration date.  While such foreign nationals may not work between the expiration and renewal of the Work Permit, they may remain in Russia while the Work Permit extension is adjudicated.

Non-U.S. Employees Traveling to Europe on Business

Although U.S. citizens do not require a visa to travel to Europe on business, many foreign national employees will require a visa to do so, including citizens of India and China.  Many are eligible for a Schengen visa, which has made traveling between the 15 member Schengen countries much easier.  A Schengen visa holder can travel to any (or all) member countries using one single visa, thus avoiding the time and expense of obtaining individual visas for each country.  The purpose of the visit must be leisure, tourism or business—employment is not permitted on a Schengen visa.  A Schengen visa allows the holder to travel freely within the Schengen countries for a maximum stay of up to 90 days in a 6-month period.  Schengen countries include: Austria, Germany, Belgium, Denmark, Finland, France, Greece, Iceland, Italy, Luxemburg, Norway, Portugal, Spain, Sweden and The Netherlands.  Please note that applications for Schengen visas must be applied for prior to departure from the U.S.  Applications may take up to three weeks to be approved, so please contact your Vedder Price attorney as soon as the business trip is planned.