When applying for a residence permit in Austria, the applicant must prove they have full health insurance cover for the entire duration of their stay. According to the Austrian Supreme Administrative Court, the mere possibility of future insurance is not sufficient. Full health insurance cover must be in place at the time of application.

Birgit Vogt-Majarek, partner at Schima Mayer Starlinger Rechtsanwälte GmbH
Stefan Burischek, associate at Schima Mayer Starlinger Rechtsanwälte GmbH

Currently non-EEA/Swiss employees need a work permit and a separate residence permit to be allowed to work in Belgium. This will change once the European Single Permit Directive is implemented in Belgium. According to the new rules, only one procedure will need to be followed to obtain a single permit governing permission to both work and reside in Belgium. But whereas currently it takes an average of four to six weeks to obtain a work permit, the new rules give the authorities four months to make a decision. Employers will also need to allow more time to prepare the application, as unlike today, a criminal record check must be submitted at the beginning of the process. In practice, these records take time to obtain.

There is no official confirmation as to when the new rules will enter into force but they could come in from 1 January 2019 (or even earlier). Applications made before the new rules come into force will be processed under the old ones.

Sophie Maes, partner at Claeys & Engels

The Chilean Government has launched its ‘Humanitarian Plan for Orderly Return to Haitian migrants. The Plan was made at the request of leaders of immigrant communities, given the vulnerability and lack of adaptation of some migrants within Chilean society.

The plan is intended for Haitian migrants who are living in Chile but have failed to settle in the country, for example, because they cannot learn the language, get used to the climate, find a job, etc. Yet they do not have the financial resources to enable them to return to Haiti.

To qualify, the migrants must not have any cases pending with the courts in Chile and they must sign a notarised declaration in which they undertake not to return to Chile for the next nine years.

On 7 November 2018, the first Chilean Air Force plane took off, destined for Puerto Principe, Haiti with 160 Haitian migrants.

Marcela Salazar Flores, partner at Munita & Olavarría

On 9 October 2018, the Ministry of Labour issued Resolution 4386, bringing into existence the Unique Registry of Foreign Workers in Colombia (RUTEC). This identifies, quantifies and monitors labour immigration in Colombia and fulfils certain international and national commitments to establish a labour migration policy catering for rising immigation.

Registration of foreign nationals in RUTEC is mandatory for all public and private sector entities hiring foreign personnel in Colombia and it must be done within 120 days of the conclusion of the contract with the foreign worker. For those already in the country, registration must be made within 120 days of 9 October 2018.

The RUTEC must be updated within 30 days, for example when a foreign national changes address.  If a contract is renewed, a new registration must be made.

Fines for breaches range from 1 – 5,000 times minimum wage.

Catalina Santos, partner at Brigard & Urrutia
Diana Monsalve, associate at Brigard & Urrutia

The Dispute Resolution Division ruled on 19  October 2018 that even if someone has worked at a University in Greece, made a living in this way and kept tax records, this does not necessarily make them a Greek tax resident.

The court ruling that the Administration must make an overall assessment of criteria beyond financial or professional activities, including: where the person’s principle residence is and the centre of their vital interests.

This ruling follows previous court decisions, which allowed someone who lives abroad but does paid work in Greece, not to be considered Greek tax resident. This enables them to submit to Greek tax only for income obtained in Greece, so avoiding double taxation.

These decisions have clarified that the centre of vital interests is not the only criterion for determining tax residency. Therefore, the centre of vital interests means the personal, financial and social relations of a person. The Administration must assess all other elements, including: being present in the country, the presence of family members, the exercise of professional activity, political activity etc.

Sofia Lakiara, senior associate at Kremalis Law Firm

For temporary assignments of non-EU citizens within a company group, the employees now need to obtain a special permit specifically for assignments, instead of the general residence and work permit. The Hungarian entity must provide evidence that the home and host entities belong to the same group and that the employee was employed by the home company for at least three uninterrupted months immediately prior to the  transfer. The permit may last one year, or for key-personnel and executives, up to three years.

This is part of a new regime, according to which, different permits are issued based on their purpose (traineeship, job-search, entrepreneurship etc.).

Henrietta Hanyu, senior assoicate at CLV Partners

Decree Law 113/2018 (the “Decreto Salvini”) , entered into force on 5 October 2018, introducing sweeping changes to asylum, immigration and citizenship.

The residence permit for humanitarian reasons has been abolished and replaced by a limited number of residence permits for “special cases”. Further, the public system called “Sprar” for receiving immigrants has been abolished in favour of the Extraordinary Reception (CAS), which tends to offer lower standards.

The reform is already creating concern within the Immigration Association: it argues that a tightening of the regulations on residence could increase those staying in Italy illegally, jeopardising social cohesion and making it more difficult for companies to find workers with a valid right to remain.

Valeria Morosini, partner at Toffoletto De Luca Tamajo e Soci

As part of Immigration NZ’s annual review, remuneration thresholds will increase on 26 November 2018.  This will affect prospective applicants for Essential Skills work visas and Skilled Migrant Category resident visas.  The new thresholds are based on New Zealand’s revised median salary and wage rates, which have increased by 2.9%.

On 5 November 2018, new fees and levies for most visa applications took effect.  Application fees were increased under most visa categories, although a small number were decreased and refugee applicants are now exempt from paying an application fee.

For example, this means that:

• The fee under the Skilled Migrant Category has increased from NZD 2,470 to NZD 2,710 for applicants in New Zealand; and
• The fee under the Essential Skills Work Visa (online application) has increased from NZD 298 to NZD 495.

Simon Lapthorne, executive partner at Kiely Thompson Caisley
Hannah King, senior solicitor at Kiely Thompson Caisley

From 1 November it will no longer be possible for Venezuelan citizens to request a Temporary Permit of Permanence, as the last date of entry for this is 31 October 2018.

Those who enter Peru from 1 November will do so for a limited time as tourist, and will be required to apply for any other migratory status.

Jose Antonio Valdez, partner at Estudio Olaechea

Migraciones has indicated that non-compliance may result in refusal of a request for a Temporary Permit of Permanence that was in progress, or even the cancellation of a card already issued.

Jose Antonio Valdez, partner at Estudio Olaechea

The Portuguese Government has announced a new programme to attract highly qualified employees to work in Portugal: the Tech Visa.

It focusses on technological areas of activity and complements the Startup Visa (a residence visa for non-EU-Schengen startup entrepreneurs).

The new regulation is scheduled to come into force on 1 January  2019, but has not had full approval yet and therefore the specific terms of its implementation are unknown for the moment.

Bruno Barbosa, partner at pbbr