Russia – changing procedures for certain highly qualified specialist work permit applications
While the process of abolishing the former Russian Federal Migration Service (FMS) and incorporating its functions into the Ministry of Internal Affairs was officially completed on 1 June 2016, the Russianimmigration processes and requirements currently remain in a state of frequent change (see also 21 July Dispatch). The latest announcement from the MIA changes the process for certain companies submitting Highly Qualified Specialist Work Permit applications in Moscow, Russia.
Beginning 19 August, companies who are members of the Association of European Businesses (AEB) or the American Chamber of Commerce in Russia (AmCham) must appear on the official membership lists and provide proof of such when filing for Highly Qualified Specialist Work Permits or Letters of Invitation through the Head Migration Department (HMD) in Moscow. After 19 August, such applications will not be accepted from AEB or AmCham companies whose names do not appear on the published lists.
Chile – apostilled documents to be accepted beginning 31 August
On 31 August, Chile becomes the 113th nation to join The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (more commonly referred to as The Hague Apostille Convention).
Under the Convention, the 113 member nations agree to accept public documents issued by another member nation as valid if affixed with an Apostille certification, bypassing the lengthy and oftentimes complicated process of legalisation. For immigration processes, this greatly reduces the processing times of applications by streamlining the document gathering and finalisation phase.
Israel – plans for relaxed immigration to attract foreign high-tech workers
In the upcoming weeks, a special commission, appointed by Israel’s Prime Minister Benjamin Netanyahu, will announce its plans for immigration reform to attract foreign high-technology specialists to Israel. The PM’s Cabinet has already voiced strong endorsement of the commission’s recommendations ahead of any official announcement. Given this strong support already being expressed within the government, the measures will likely move toward implementation rapidly.
The commission, made up of high-ranking officials of the Ministry of the Economy and Industry and the Ministry of the Interior, have been working since February to address Israel’s critical shortage of workers in the technology sector, which accounts for 12 per cent of the nation’s GDP.
Poland – new law for employers of posted or seconded foreign workers
The Polish Act on the Posting of Workers came into effect 18 June as required by the EU Posted Worker Directive (2014/67/EU). Similar laws are already in place in other EU member nations. The new Polish law is meant to protect foreign national employees sent from another EU country to work for a limited time in Poland. It requires that such posted or seconded employees are given working conditions in line with those available to local employees as required by the Polish Labour Code – notably, minimum salary (including overtime) requirements, working hour restrictions, rest periods, holidays, health and safety standards, protections for pregnant workers and maternity leave, equal treatment and non-discrimination rights, and the statutory rights of temporary workers.
By the starting date of the posted employee’s duties in Poland, the Polish entity must provide a statement to the Polish Labour Inspectorate (PIP) containing
- The number of posted employees and their personal data
- The start and end dates of the posting
- A description of the duties performed which justifies the employee’s posting in Poland