New p

November 2016

PEREGRINE NEWS
Welcome to the Peregrine News digest for November 2016!
In November, we launched some very exciting enhancements to Immigo, our global immigration
case management software.
We have pre-populated the database with occupational codes for Australia, the UK and Canada;
added new invoice template types; introduced the ability to record payments received against an
issued invoice; and created some powerful invoice reports.
We have also added a new permission level to client/user Immigo access allowing access to certain
information via Reports only. Effectively, this means clients and users with this access level can see
certain applicant/case data only if it presents on a report the client has access to (including expiry
dates kept on closed cases).
We hope you find these small upgrades useful!

Table of Contents
TURKEY CHANGES TO NOTIFICATION REQUIREMENTS
RUSSIA MORE COMPANIES ALLOWED TO EMPLOY TURKISH NATIONALS
FRANCE DECREE IMPLEMENTS MAJOR CHANGES TO IMMIGRATION REGIME
UNITED KINGDOM GOVERNMENT PUBLISHES STATEMENT OF CHANGES TO THE IMMIGRATION RULES
AUSTRALIA CHANGES TO THE DEFINITION OF DEPENDENT FAMILY MEMBER AND TO ACCREDITED SPONSOR
ELIGIBILITY
ITALY GUIDELINES FOR POSTED WORKER NOTIFICATIONS
INDONESIA NEW REGULATIONS FOR RESIDENCE PERMIT RENEWALS TO AVOID OVERSTAYS
AUSTRALIA NEW TEN-YEAR VISITOR VISA AND OTHER CHANGES
INDONESIA CHANGES FOR THIRD-PARTY AGENTS SUBMITTING IMMIGRATION APPLICATIONS
CANADA CHANGES MADE TO EXPRESS ENTRY POINTS SYSTEM
SINGAPORE CHANGES FOR COMPANY DIRECTORS
BELGIUM 2017 MINIMUM SALARY INCREASES FOR WORK PERMITS
NETHERLANDS NEW PERMIT TO IMPLEMENT EU INTRA-CORPORATE TRANSFER DIRECTIVE
MORE FROM PEREGRINE

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

2
2
3
4
6
7
9
10
11
12
13
14
14
17

TURKEY Changes to
Notification Requirements
As we previously described, on 13 August
2016 Turkey published the Law On
International Workforce (Law No. 6735), with
immediate effect.
The Law has changed the requirements for
notifying the Ministry of Labour (MOL) of the
start of a foreign nationals work assignment.

now make both commencement

and late commencement
notifications to the Ministry of
Labour.
Stay tuned for further clarification
once the anticipated new
regulations are introduced.

RUSSIA More Companies

Allowed to Employ Turkish
Nationals

What are the changes?

Employers must now file a
notification with the MOL within
15 days of an assignment starting
or ending.
The new requirement appears to
replace the previous need to file a
late commencement petition if
the assignment started more than
30 days after the work permit was
approved.
However, the immigration
directorate is still requiring late
commencement notification to be
made in addition to the new 15day notification.
It is expected that the late
commencement petition will be
phased out when anticipated new
regulations are introduced to
implement the Law On
International Workforce.
The requirement to notify the
MOL within 15 days of
termination is not new.

Action Items
Companies employing foreign
nationals in Turkey should for

Effective 19 October 2016 the Russian

Government has extended the lists of
employers which are not prohibited from
hiring Turkish nationals, as established by
Decree No.1015 of 7 October 2016.
For the updated list of companies which are
allowed to employ Turkish nationals, see here.

Background
Since 1 January 2016, it is prohibited to
employ Turkish nationals on the territory of
the Russian Federation. The ban does not
apply to employment agreements which
already existed when the ban became
effective. The Russian government has
established a list of employers which are
allowed to employ Turkish nationals.
In addition, since 1 January Turkish nationals
are no longer able to enter Russia without a
visa.

Action Items
Any plans to send Turkish
nationals to Russia for work must
be considered in light of these
sanctions and the list of
companies permitted to employ
them.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

 The status of Turkish national

work permit holders in Russia
should be monitored closely,
especially when their work
permits expire.
Any Turkish national intending to
enter Russia must obtain an
appropriate visa before travel.

FRANCE Decree
Implements Major Changes
to Immigration Regime
Effective 1 November 2016, the French
government has published the first decree
implementing the new Law on Foreign
Workers of 7 March 2016.
The decree establishes that visa applications
for two new immigration categories - Talent
Passport and Intra-Company Transfer (ICT)
Employees on Detachment (a.k.a.
secondment) must be submitted at French
consulates. Processing delays are expected
until detailed procedures have been
announced and fully implemented.
The decree also clarifies the occupations
which are now exempt from the work permit
requirement for up to 3 months.
Applications submitted before 1 November
2016 will be processed according to the
previous regulations.

Talent Passport
This fouryear permit will be available from 1
November 2016 for the following categories:
Change of status for students
holding a Masters degree from
France;
European Blue Card;

ICT salari en mission with a

local employment contract in
France;
Scientists/Researchers;
Applicants holding a Master
degree who wish to open a
business in France;
Foreign nationals who present a
project in innovation that has
been recognised by an official
administration;
Foreign nationals who invest
directly in France;
Artists.

ICT Employees on Detachment

This category will now include three separate
permits:
ICT Employee on Detachment
issued for an employee who is on
an assignment in a senior
management position or to
provide expertise, to a company
in France that is part of the same
group as the home country
employer;
ICT Trainee issued when there is
an approved training agreement
within the framework of an
internship with an institution or
company of the same group as
the home country employer;
Mobile ICT Employee on
detachment or Mobile ICT Trainee
issued if the foreign national
already holds a residence permit
issued by another EU country
under one of the above categories
(ICT Employee or ICT Trainee).

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

immigration categories until

detailed procedural guidelines
have been issued and fully
implemented

Short-Term Assignments
For assignments of up to 90 days, a work
permit will no longer be required for:
a) Employees on local contract in France
working in the following areas:
Sports, cultural, artistic and
scientific events;
Professional conferences,
seminars and workshops;
Film, audio-visual, entertainment
and Phonographic publishing
production and distribution, if the
employee is an artist or technician
that is directly part of the
production or project;
Modelling;
Personal services and domestic
workers during the assignment in
France of their private employers;
Education given occasionally by
visiting professors.
b) Employees on detachment (secondment, as
defined the French labor law article L. 12621):
Assignments for audits and
experts in information
technology, management,
finance, insurance, architecture
and engineering
Assignees in these categories who do not
qualify for a visa waiver will still need to
obtain a short-term Schengen visa,
documentary requirements for which have
not as yet been indicated.

Action Items
Expect some delays in the
processing of the above

UNITED KINGDOM
Government Publishes
Statement of Changes to
the Immigration Rules
On 3 November 2016, the UK Home Office
published the latest Statement of Changes to
the Immigration Rules, which are due to take
effect from 24 November 2016. The changes
are largely the same as were announced
earlier this year.

What are the Main Changes?

The statement is a comprehensive outline of
detailed, technical changes to specific areas of
immigration policy. However, the main
amendments are as follows:
Tier 2 General
The following changes are being made
following the review of Tier 2 by the Migration
Advisory Committee (MAC):
The salary threshold for
experienced workers has been
increased to 25,000 for the
majority of new applicants (the
salary threshold for new entrants
has been held at 20,800). An
exemption from this increase will
apply for nurses, medical
radiographers, paramedics and
secondary school teachers in
mathematics, physics, chemistry,
computer science, and Mandarin.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

The exemption will end in July

2019.
As a transitional arrangement, the
25,000 threshold will not apply
to workers sponsored in Tier 2
(General) before 24 November
2016, if they apply to extend their
stay in the category. The
Government intends to increase
the threshold to 30,000 in April
2017; there will be no such
transitional arrangement for
workers sponsored in Tier 2
(General) between 24 November
2016 and April 2017 they will
need to satisfy the 30,000
threshold in any future
application.
UK graduates who have returned
overseas have been weighted
more heavily in the monthly
allocation rounds under the Tier 2
limit. Graduates who apply in the
UK continue to be exempt from
the limit.
A change is being made to
facilitate changes of occupation
for applicants sponsored in
graduate training programmes.
This enables them to change
occupation within the programme
or at the end of the programme,
without their sponsor needing to
carry out a further Resident
Labour Market Test (RLMT) or for
them to make a new application.
Following a separate review by
the MAC on nursing shortages,
nurses are being retained on the
Shortage Occupation List, but a
change is being made to require a
Resident Labour Market Test
(RLMT) to have been carried

out before a nurse is assigned a

Certificate of Sponsorship (CoS).
Tier 2 Intra-Company Transfer
A number of changes are also being made in
response to the review of Tier 2 by the MAC,
and have been previously announced. The
changes include:
The salary for short term ICT
applicants has been increased to
30,000 for new applicants. A
transitional arrangement applies
for those already in the UK under
the short term route.
The closure of the Skills Transfer
sub-category to new applicants.
Changes to the Graduate Trainee
sub-category. The salary
threshold has been reduced from
24,800 to 23,000 and the
number of places a sponsor can
use has been increased from 5 to
20 per year. As with Tier 2
(General), the salary thresholds
are being set out in a new table
for clarity.
The government has yet to
announce when those applying
under the Tier 2 (ICT) route will be
liable to pay the Immigration
Health Surcharge (IHS).
Overstay Grace Period Abolished
While applications for further leave to remain
for many rules-based applications are
expected to be made before any existing
leave expires, any period of overstaying for 28
days or less had previously not been a ground
for refusal as far as those applications are
concerned. This 28-day period was originally
brought in so that people who had made an
innocent mistake were not penalised but
retaining it sends a message which is

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

inconsistent with the need to ensure

compliance with the United Kingdoms
immigration laws.
The 28-day period is, therefore, to be
abolished. However, be an out of time
application will not refused on the basis that
the applicant has overstayed where the
Secretary of State considers that there is a
good reason beyond the control of the
applicant or their representative, provided the
application is made within 14 days of the
expiry of leave.
English Language Requirement
A new English language requirement at level
A2 of the Common European Framework of
Reference for Languages is being introduced
for non-EEA partners and parents. This affects
those applying to extend their stay after two
and a half years in the UK on a five-year route
to settlement under Appendix FM (Family
Members) of the Immigration Rules. The new
requirement will apply to partners and
parents whose current leave under the family
Immigration Rules is due to expire on or after
1st May 2017.
The Statement of Intent on the English
language requirement for the family route can
be found here.
The Statement of Changes to the Immigration
Rules can be found here.

Action Items
Employers should prepare for the
forthcoming changes, which are
due to take effect from 24
November 2016.

AUSTRALIA Changes to
the Definition of
Dependent Family Member
and to Accredited Sponsor
Eligibility
Effective 19 November 2016, the Migration
Regulations have been amended to redefine
who can be included in a visa application as a
dependent family member, reducing the
upper age limit from 25 to 23 years for
dependent children or step-children.
The Department of Immigration has also
announced changes to the eligibility criteria
for Accredited Sponsor status.

Changes to Dependents
Previously, family members over the age of 23
could be included in visa applications as long
as they can show they are financially
dependent on the main visa applicant.
As of 19 November 2016,
the dependents who can be included on 457
or permanent residence visa applications will
change.
For a 457 visa, the age of dependent children
(including step children) will be reduced from
25 to 23 years, unless the child is
incapacitated and cannot work. Further, no
other family relatives (including parents) will
be eligible to be included in the visa
application.
For a permanent residence visa application
(subclass 186 - the Employer Nomination
Scheme), as long as the child holds a 457 visa,
they can be included on the application.
Again, no other family members (including
parents) will be eligible to be included in the
visa application.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Changes to Accredited Sponsorship.

The Department of Immigration has
announced that it will be taking a more
flexible approach to assessing the eligibility of
accredited sponsors.
One of the requirements that accredited
sponsors must meet is to have sponsored at
least ten primary 457 visa holders in the 24
months prior to the application for
accreditation. This was originally interpreted
as requiring sponsors to have had at least ten
primary visas granted with nomination
transfers not counted.
The current visa grant threshold will be
replaced by a Sponsorship Volume Threshold
and the sponsor will be required to have had
nominations for at least ten primary 457 visa
holders approved in the 24 months prior to
their sponsorship application being made.
This change in interpretation will allow more
companies to qualify as accredited sponsors
under the program and benefit from priority
streamlined processing for their foreign
employees visa applications.

Action Items
Employers in Australia sponsoring
foreign nationals for temporary
work and permanent residence
visas should take these changes
into account, and consult an
Australian immigration agent for
further details.

ITALY Guidelines for

Posted Worker
Notifications
Effective 26 December 2016, regulations have
been published which specify the procedure
for submitting new mandatory notifications
for companies posting foreign national
workers to Italy.
[UPDATE] Please note the following:
It is not clear if the provisions of
legislative decree July 17 2016, n.
136 apply specifically to posting of
workers in the context of the
provision of services or to any
postings, even if not expressly
linked to the transnational
provision of services under a
specific contract. In fact, the
situation of workers who are
posted to provide services inhouse from the headquarters to
the subsidiary appears to fall
outside the objectives of the
Directive and consequently outside the objectives of decree
July 17 2016, n. 136;
Therefore, it is not clear if there
are exceptions to the obligations;
Apparently, penalties listed in
article 12 of the decree do not
apply to companies established
outside the EU;
The website where the posting
employers are required to sign up
is not active yet; it is expected by
26 December 2016;
It is not clear if a third party can
act on behalf of the sending
employer with regards to the
obligations concerning mandatory

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

communications and documents

retention.
Article 12 of the decree lists the
following penalties:
o Sanctions for non-complying
with mandatory
communications: fine from
150 to 500 for each worker
involved (in any case, the fine
cannot exceed 150,000);
o Sanctions for non-complying
with document retention
obligations: fine from 500 to
3000 for each worker
involved (in any case, the fine
cannot exceed 150,000);
o Sanctions for non-complying
with the obligation to have a
representative domiciled in
Italy in charge of
receiving/sending any official
documents: fine from 2000
to 6000.

Who is affected?
As we noted in our previous alert, Decree
N.136/2016 (in force since 22 July 2016)
implements EU Directive 2014/67 (concerning
the posting of workers in the framework of
the provision of services), and applies to:
European Union (EU) companies
posting (seconding) workers to a
company in Italy (including to a
company within the same group);
EU placement agencies posting
workers to Italy;
Non-EU companies posting
workers to Italy.

What are the notification

requirements?
Any foreign employer who wishes
to post employees to Italy must
submit a compulsory electronic
notification (electronic form
UNI_Distacco_UE) before the end
of the day preceding the start
date of posting.
Any variation to the posting
conditions must be
communicated through the same
system within five days.
The information provided through
the dedicated form (number of
workers involved, start/end date
of the posting, place of work, host
entity etc.) will be available to the
Labour Inspectorate, the National
Social Security Agency (INPS) and
the National Workers
compensation authority (INAIL).
The procedure requires the
posting employer to register and
create an account in the online
system.

What other requirements are

introduced?
Document storage: During the
posting and up to two years after
its termination, the posting
company is obliged to keep on file
the documentation related to the
assignment (including
employment contract, payslips,
notice of start date, end/duration
of working time, proof of salary
payments, certificate of coverage
related to the applicable social
security legislation).

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

 Appoint a representative
domiciled in Italy: During the
posting and up to two years after
its termination, a legal
representative based in Italy must
be appointed in charge of
receiving/sending any official
documents. In absence of this, the
host company is considered to act
as representative of the foreign
posting entity.
A representative responsible for
dealing with the social parties
involved in labour negotiations
must also be appointed.

Action Items
Companies posting foreign
national employees to Italy should
ensure that they comply with the
new notification and document
retention requirements;
Check with a local immigration
provider in Italy for the latest on
the implementation of the new
provisions.

INDONESIA New
Regulations for Residence
Permit Renewals to Avoid
Overstays
The Immigration Office has announced new
provisions for renewing residence permits
(KITAS), establishing a new three-month
interim KITAS which can be obtained while
the work permit (IMTA) renewal application is
being processed in order to avoid overstays.
There is also a change to the validity period of
a KITAS.

Validity Period of KITAS

The standard validity period of an initial KITAS
is now calculated from the date of issuance of
the work permit (IMTA), rather than from the
date of entry into Indonesia, as previously.
For example, if a twelve-month IMTA is issued
on 1 January, but the holder enters Indonesia
on 1 April, then they will be issued with a
KITAS valid for only 9 months (until the IMTA
expires).

Renewals Procedure
The new renewal process applies to a holder
of a KITAS residence permit which has almost
expired, who has already submitted an
application for a renewal work permit (IMTA)
and is waiting for the renewal IMTA to be
issued.
A full twelve-month renewal KITAS can only
be granted once the renewal IMTA has been
issued, and this has previously led to foreign
national applicants having to pay an overstay
penalty or even being deported if their
renewal IMTA was not issued quickly enough.
Under the new provisions, a holder of a KITAS
that has almost expired, who has already
submitted an application for a renewal work
permit (IMTA), should apply for a threemonth renewal KITAS, which will be issued
along with a multiple-exit re-entry permit
(MERP) for the same period.
The three-month renewal KITAS can be issued
before the renewal IMTA is issued, but it does
not allow work to be undertaken.
Once the renewal IMTA has been issued, the
applicant can apply for a twelve-month
renewal KITAS.
Note:

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

 The twelve-month validity period

of the renewal KITAS will be
calculated from the issuance of
the three-month KITAS, so that
the total duration period is twelve
months; A biometric interview
will be required for both the
three-month and the twelvemonth KITAS applications;
The applicant must pay IDR
1,305,000 for a three-month
renewal KITAS and IDR 2,055,000
for a twelve-month renewal
KITAS;
There is no longer any overstay
penalty if the renewal KITAS
application is submitted even one
day after the previous KITAS has
expired, the applicant will have to
leave Indonesia;

Action Items
Companies employing foreign
nationals in Indonesia should
ensure that their employees enter
Indonesia soon after obtaining an
IMTA, to maximize the period of
stay;
Employers should ensure that
foreign national employees
wishing to remain in Indonesia
obtain a three-month renewal
KITAS before their existing KITAS
expires, to avoid deportation.

AUSTRALIA New Ten-Year

Visitor Visa and Other
Changes
Effective 19 November, a new Frequent
Traveller stream of the Subclass 600 visitor
visa will allow multiple entries for business or
tourism for up to three months at a time,
during a validity period of ten years.
Other changes this week relate to the
introduction of the previously announced new
Temporary Activity visa framework, and to a
new requirement for certain visa applicants to
submit a polio vaccination certificate.

Frequent Traveller Stream

For this new stream of the Subclass 600 visa,
the visitor must not stay for more than 12
months in any 24-month period, and may not
undertake paid work. The visa is valid for
multiple entries during ten years. The visa
application charge (VAC) will be AUD 1000.
Note that a subclass 600 visa will be cancelled
if the holder obtains a temporary work visa
such as a subclass 400 visa or subclass 457
visa
The new visa stream is initially available only
to Chinese nationals, with a view to
progressively allowing nationals of other
countries to apply in the future.

Other Changes
Temporary Activity Visas
Effective 19 November 2016, the new
Temporary Activity visa framework (see our
previous alert) replaces several visa subclasses
with new ones.
As a result, the ImmiAccount online
application forms for the current Temporary
Work (Short Stay) visa (subclass 400) and

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

Superyacht Crew visa (subclass 488) will cease

to operate at 7pm AEDT on 18 November
2016.
Any 400 or 488 applications that have not
been submitted by that time cannot be
lodged, and applicants will then need to
complete a new application on a new form.
New Questions on Application Forms
Moreover, new declaration questions are to
be added to online visa application forms.
Any application that has a status of Ready to
submit on Friday 18 November will have its
status changed to Incomplete, to ensure
that the application is reviewed and that any
new questions added to the form are
answered before submission.
Evidence of Polio Vaccination
Visa applicants, applying from outside
Australia, who have spent 28 days or longer in
Afghanistan, Cameroon, Equatorial Guinea,
Ethiopia, Iraq, Nigeria, Pakistan, Somalia or
Syria, or in any combination of these
countries, on or after 5 May 2014 should
provide a vaccination certificate as evidence
that they have been vaccinated against polio.
Failure to provide the certificate may result in
delays processing your application.
This measure is in response to the World
Health Organization's declaration of wild
poliovirus transmission as a Public Health
Emergency of International Concern. For
further information, please see here.

Action Items
Visa applicants, who have spent
28 days or longer in Afghanistan,
Cameroon, Equatorial Guinea,
Ethiopia, Iraq, Nigeria, Pakistan,
Somalia or Syria, or in any
combination of these countries,

on or after 5 May 2014 should

provide a vaccination certificate
as evidence that they have been
vaccinated against polio;
Chinese nationals who are
frequent travellers to Australia
should consider obtaining a new
premium ten-year visitor visa to
reduce the number of
applications they need to submit.

INDONESIA Changes for

Third-Party Agents
Submitting Immigration
Applications
Effective 14 November, the Indonesian
immigration authorities prohibited third-party
agents from representing companies or
assignees at immigration offices to residence
permits.
On 22 November 2016, the immigration office
issued a new, more lenient policy, once more
allowing third-party agents to submit
immigration permit applications at
immigration offices with a letter of attorney,
as previously, but requiring them to also show
the company ID card of a signatory (Head of
HR or company director) of the company they
are representing.

What Has Changed?

Previously, employers could use third-party
agents with a letter of attorney to represent
them when attending immigration offices in
Indonesia to submit "KITAS" (limited stay
permit) and "MERP" (multiple-exit re-entry
permit) applications, collect issued permits or
liaise with the authorities.
According to a decree issued by the
Directorate general of Immigration, from 14

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

November 2016, only company staff, holding

a company ID card, could arrange immigration
permits at immigration offices in Indonesia.

Action Items
Employers seeking to obtain
immigration permits in Indonesia
should ensure that any third-party
agents sent to the immigration
office to submit immigration
permit applications on their
behalf have a company ID card of
a signatory (Head of HR or
company director).
Employers should check the
representation policy at each
immigration office before
attending, as policy may differ
between offices.

CANADA Changes Made

to Express Entry Points
System
Effective 19 November 2016, the Government
of Canada is making changes to the Express
Entry immigration program to level the
playing field between various types of work
permit holders who apply for permanent
residence.

LMIA-Based Permit Holders

The Comprehensive Ranking System (CRS)
previously awarded 600 points to skilled
workers who were issued work permits that
were obtained through a Labour Market
Impact Assessment (LMIA).
The new system will award either 200 or 50
points to work permit holders who have an
eligible job offer. For those whose permits
are issued on the basis of an LMIA, senior

managers will be awarded 200 points, and

others whose jobs fall into National
Occupational Classification (NOC) skill levels 0,
A, or B will be awarded 50 points.

LMIA Exemption-Based Permit

Holders
Previously, the Express Entry system did not
award points to work permit holders whose
permits were granted through LMIA-exempt
International Mobility programs such
as NAFTA or as an intra-company transfer
(ICT).
Now, candidates who have work permits that
were based on an LMIA exemption may also
be eligible to receive points if their permit was
issued pursuant to an international treaty
such as NAFTA or as an ICT.
Candidates in this category must have a job
offer from the employer specified on their
work permit and have worked continuously
for that employer for 12 months prior to
applying through Express Entry. Again, senior
executives or managers will receive 200
points and others who have an occupation in
NOC O, A, or B will receive 50 points.
This is good news for foreign workers who
have been issued permits on the basis of an
LMIA exemption, as they will no longer be at a
disadvantage relative to those who were the
beneficiary of an LMIA.

Other Changes
A job offer now only needs to be
for at least one year from the
time the permanent residence
status begins. Previously, a job
offer had to be permanent
An extension has been made to
the length of time a person has to
submit a complete application

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

after they receive an Invitation to

Apply. This period was 60 days
and has now been extended to 90
days.
Also, foreign students who earn a
degree in Canada will be eligible
to receive either 15 or 30 points
depending on the number of
years required to complete their
program of studies.

Action Items
Express Entry applicants should
log into their online account and
update their Express Entry profile
by answering any of the new
questions which are relevant to
them.
Note that all Comprehensive
Ranking System (CRS) scores will
be updated based on these
changes before the next invitation
round.

SINGAPORE Changes for

Company Directors
Effective 7 November 2016, the Ministry of
Manpower in Singapore will now only allow a
company to appoint an Employment Permit
(EP) holder sponsored by another company to
their board of directors once it has granted a
Letter of Consent (LOC).

the Employment Pass holders

secondary employment as
director is related to their primary
employment in Singapore.
Note that:
This rule change is retroactive
companies that have already
appointed Employment Pass
holders from other companies to
their board of directors must
apply for a Letter of Consent;
The Letter of Consent must be
renewed when the Employment
Pass is renewed.

Action Items
Companies seeking to appoint
Employment Pass holders
sponsored by another company to
their board of directors must first
obtain a letter of consent from
the Ministry of Manpower;
Companies that have already
appointed Employment Pass
holders sponsored by another
company to their board of
directors must now retroactively
obtain a letter of consent from
the Ministry of Manpower.

The Letter of Consent will be granted only if

the company can demonstrate that:
the Employment Pass holders
company is a parent or subsidiary
company of, or an investor in, the
company;

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

BELGIUM 2017 Minimum

Salary Increases for Work
Permits
The Belgian government has announced a
slight increase in the minimum salary
requirements for Type B work permits and
Blue Cards from 1 January 2017.

Minimum Salary Thresholds

The minimum annual salary for
highly skilled foreign nationals
applying for Type B work permits
will increase to 40,124 EUR,
(from 39,824 EUR in 2016).
The minimum annual salary for
senior management and
executive-level foreign nationals
applying for Type B work permits
will increase to 66,942 EUR
(from 66,442 EUR in 2016).
The minimum annual salary for
Blue Card applicants will increase
to 51,822 EUR (from 51,494
EUR in 2016).

Background
The Belgian government annually
increases its minimum salary
requirements for foreign
nationals in line with inflation.

Action Items
Employers should review the
salaries of any current and future
foreign national employees
sponsored for Type B work
permits in Belgium.

NETHERLANDS New
Permit to Implement EU
Intra-Corporate Transfer
Directive
The Dutch government has published
regulations for the introduction of a new EU
(European Union) ICT (intra-corporate
transfer) Permit, effective 29 November 2016.
The new EU ICT permit implements Directive
2014/66/EC of 15 May 2014 on the
conditions of entry and residence of thirdcountry nationals in the framework of an
intra-corporate transfer, and replaces the
established Highly-Skilled Migrant Scheme for
intra-corporate transferees who remain on
home contract.

Who is Affected?
Non-EU national managers,
specialists and trainees being
transferred within a group of
companies to the Netherlands
from outside the EU for more
than 90 days and remaining on
home contract.
Non-EU national managers,
specialists and trainees who are
holders of an EU ICT Permit issued
in another EU Member State,
being transferred temporarily
within a group of companies to
the Netherlands and remaining on
home contract.
Applications for initial residence
permits or extensions under the
Highly-Skilled Migrant Scheme
which are still pending on 29
November 2016 will be decided
under the existing scheme.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

 Applications under the HighlySkilled Migrant Scheme submitted

on or after 29 November 2016
which meet the criteria for the
new EU ICT Permit will only be
considered for the latter, as the
EU ICT Directive is clear that the
new permit should supersede
national programs.

one year for trainees), a holder of

an EU ICT Permit from another
Member State will need to apply
for a Mobile ICT Permit from the
Dutch immigration authorities
(IND). They will be able to start
work once the application is
submitted.

What else has changed?

Intra-EU Mobility
Dutch EU ICT Permit
The Dutch EU ICT Permit allows
holders to stay in another EU
Member State, and work for a
company in the same group, for
up to 90 days in a 180-day period,
without obtaining a separate
permit in that country.
For stays of more than 90 days in
another EU Member State, the
Dutch EU ICT Permit holder may
need to apply for a mobile ICT
permit for that country but will
be able to start work once the
application is submitted. They
may alternatively only need to
notify the immigration authorities
in the second destination country,
and will at any rate not require a
separate long-stay entry visa.
EU ICT Permit Issued Elsewhere
A holder of an EU ICT Permit
issued by another Member State
will be able to work in the
Netherlands for up to 90 days
after notifying the Dutch labour
authorities(UWV).
For stays of more than 90 days
and up to three years for
managers and specialists (up to

Duration and Extension - The EU

ICT Permit is valid for a duration
of stay of up to three years for
managers and specialists, and up
to one year for trainees, and is
not extendable. The assignee may
apply for a new EU ICT permit
after six months outside the
Netherlands. Alternatively, the
assignee may switch to highlyskilled migrant status if they first
obtain a local Dutch employment
contract. (Under the existing
Highly-Skilled Migrant Scheme,
intra-corporate transferees on
home-country contract have been
able to stay in the Netherlands for
the length of the assignment up
to five years, and it has been
possible to extend the permit
beyond this.)
Processing times The EU ICT
Permit will allow applications
from both Authorised Sponsors
and regular, non-recognised
sponsors. Authorised Sponsors
will benefit from reduced
document requirements and
expedited processing times of
around three weeks, while
applications from regular
sponsors will take up to 90 days
and require more paperwork.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

 Residence Rights - Unlike the

Highly-Skilled Migrant Scheme, a
period of stay in the Netherlands
on an EU ICT Permit does not
count towards an accumulation of
residence to qualify for
permanent residence.
Dependent Benefits - Family
members of an EU ICT assignee
can join the holder immediately
and are also allowed to work
without having to obtain separate
work authorisation. They are also
exempted from an integration
exam. In addition, it will be
possible for transferees and their
family members to engage in selfemployed activities under the EU
IC Permit.

General Requirements and Benefits

Managers and specialists must
have a bachelors or masters
degree or five years of experience
at that level, and trainees must
have a Masters degree.
For a first-time application in the
Netherlands, managers,
specialists and trainees must
demonstrate at least three
months of experience with the
sending company, and must have
their main residence outside of
the Netherlands.
Holders of an EU ICT Permit
issued in another EU Member
state do not need to demonstrate
any previous experience with the
sending employer but do need to
submit a copy of the existing EU
ICT Permit issued by that other
Member State.

The assignee must be paid

according to market conditions,
and there is no clear specific
threshold. However, the
immigration authorities have
indicated that the existing highlyskilled migrant threshold will be
acceptable for the ICT Permit.

Background
Directive 2014/66/EC of 15 May 2014 on the
conditions of entry and residence of thirdcountry nationals in the framework of an
intra-corporate transfer aims to create a
consistent EU-wide system for non-EU
nationals sent on assignment within a group
of companies to EU Member States.
The deadline for EU Member States to
transpose this directive into their national
legislation is 29 November 2016. The United
Kingdom, Ireland and Denmark have opted
out of the directive.

Action Items
Companies which are not
Authorised Sponsors can use the
EU ICT Permit route to sponsor
non-EU nationals on intracorporate assignment who remain
on home-country contract;
Companies in the Netherlands
intending to sponsor non-EU
nationals for intra-corporate
assignment with home-country
contract should bear in mind the
new limited duration of stay and
no extension rule for this
category;

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415

MORE FROM PEREGRINE

Remember, all our news alerts can be found at
www.peregrine.im/news.
You can subscribe to our alerts from our
website, or follow @peregrineim on Twitter,
or our blog.
For more information about Immiguru,
Immigo and our other services, please visit
www.peregrine.im.
For any enquiries please contact
info@peregrine.im or +44 (0)20 7993 6860.
DISCLAIMER: The information contained in this immigration newsletter has been
abridged from laws, court decisions, and administrative rulings and should not be
construed or relied upon as legal advice. If you have specific questions regarding the
applicability of this information, please contact Peregrine 2015 Peregrine
Immigration Management Ltd.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
Peregrine Immigration Management Ltd, Registered in England and Wales: 7569415