In our second newsletter of 2015, we have recent immigration updates for you in Australia, Hong Kong, Malaysia, New Zealand, Singapore and Thailand.

Transcription

1 June 2015 In our second newsletter of 2015, we have recent immigration updates for you in Australia, Hong Kong, Malaysia, New Zealand, Singapore and Thailand. This immigration newsletter is brought to you by the PwC specialist Immigration teams in the relevant Asia Pacific territories. We hope that you find our newsletter informative. If you have any questions or would like to provide feedback, please do not hesitate to contact us. Australia 457 Visa Changes On 18 April 2015, the Department of Immigration and Border Protection (DIBP) made various changes to the Migration Regulations, including anticipated changes to the English language requirements for the 457 visa. English language changes The amended Regulations have introduced a wider range of acceptable English language tests, including a change to an overall band score for International English Language Testing System (IELTS) as well as amendments to the current education based exemption. The exemptions relating to base salary (A$96,400 per annum) and eligible passports remain unchanged. Where formal English language evidence is required, applicants may now choose to provide results from one of the following tests: IELTS, OET (Occupational English Test), TOEFL ibt (Test of English as a Foreign Language internet-based test), PTE (Pearson Test of English: Academic) or CAE (Cambridge English: Advanced Test). Each test has varying minimum score requirements however in each case, should relate to an examination conducted no more than three years before the date of the 457 visa application with the exception of the CAE, the results of which must relate to test conducted on or after 1 January Shifting to an overall band score particularly for IELTS introduces much needed flexibility for applicants who previously may have been required to sit multiple tests due to a minor shortfall in one test component. Subclass 457 visa applicants are also able to claim an exemption from formal testing where they can provide evidence of having completed at least five years of full time study at secondary and/or tertiary level, where it can be shown that the language of instruction was English. Previously five consecutive years were required.

2 Income threshold for evidence of market salary rate There has also been a decrease in the higher level salary which must be provided to a 457 visa holder before evidence of the market salary rate for that occupation is no longer required. Where a nomination includes evidence that the individual's annual earnings will be at least A$180,000 per annum, business sponsors will be exempt from this requirement (reduced from A$250,000). The Temporary Skilled Migration Income Threshold (TSMIT) of A$53,900 base salary per annum will still apply as the market rate and income threshold for an occupation's eligibility for the subclass 457 visa program. Reporting obligations - extension of time to notify the DIBP when a sponsored 457 visa holder ceases employment An important and welcome change has also been an extension to the period of time within which an approved business sponsor must notify the DIBP of a sponsored 457 visa holder ceasing employment - to 28 days instead of the previous 10 working days. Further changes to the 457 visa program are expected in the coming months, as a result of the Independent Review completed late in July Fee Increases The Australian Department of Immigration has also more recently announced visa application fee increases to occur on 1 July These increases will be applied as follows: 2.3% for 457 and permanent employer sponsored visas, independent skilled, skilled graduate, visitor and student visa streams 5% for temporary short term business, entertainment, working holiday, Resident Return visa, Retirement and Contributory Parent streams 10% for remaining relative, carer, and aged dependant relative and non contributory Parent visa 50% for Significant Investor visas and Offshore Partner visas New Premium Investor Visa and changes to the Significant Investor Visa Changes have also been announced for the Significant Investor Visa (SIV), to be implemented on 1 July These include a new complying investment framework designed to encourage investment into emerging companies and innovative Australian ideas. In addition, the new Premium Investor Visa (PIV) category will be open to applications from 1 July As part of the changes, Austrade will be the sole nominator for the new PIV and will also be able to nominate under the SIV program, alongside State and Territory Governments. The new complying investment framework will limit the amount of funds which can be indirectly invested in residential real estate through managed funds. Under the new framework, the minimum $5 million investment required for the SIV (over four years) will need to include: at least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start up and small private companies; at least $1.5m in eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and a 'balancing investment' of up to $3m in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to residential real estate limits).

3 While full details of qualifying investments for the PIV are still to be released, this new category will require a minimum investment of $15m over four years, and will provide an accelerated 12 month pathway to permanent residence. Hong Kong General Employment Policy (GEP) / Admission Scheme for Mainland Talents and Professionals (ASMTP) The duration of stay pattern for individuals admitted to take up employment under the GEP/ASMTP has been relaxed from years to years, subject to the duration of employment contract. Top Tier Entrants Additionally, applicants who meet the Top-tier entrants requirements will be granted a 6-year extension of stay upon approval. Top-tier entrants are those who have been admitted to take up employment as a professional under GEP/ASMTP for not less than 2 years and have assessable income for salaries tax of not less than HK$2 million in the previous year of assessment. Individuals under the top-tier stream will only need to notify the Immigration Department for any change of employment. General Employment Policy Investment (GEP Investment) The Immigration Department has released further guidance on the eligibility criteria of entry visa applications for entrants under GEP-Investments scheme. Applications will be evaluated based on the feasibility of the business in Hong Kong, its investment sum and number of jobs created locally, amongst other factors. The applications may also be assessed favourably if the business is supported by government-backed programmes or new technology is introduced in Hong Kong. The duration of stay pattern has also been relaxed from years to years. Admission Scheme for the Second Generation (ASSG) of Chinese Hong Kong Permanent Residence The ASSG has been introduced to encourage Chinese Hong Kong permanent residents who have emigrated overseas to return to Hong Kong. There is no quota and applicants are not required to secure an employment offer before entry to Hong Kong. Successful applicants will be granted a 12 months entry visa and are required to secure employment prior to the application of extension of stay. Quality Migrant admission Scheme (QMAS) The relevant application forms have been updated to accommodate the following enhancements under QMAS: Revision of point scoring system under General Point Test (GPT) Relaxation of duration of stay pattern from years to years under GPT Relaxation of duration of stay pattern from years to 2-6 years for top-tier GPT entrants Grant of stay for 8 years for entrants via Achievement-based Point Test Malaysia A new one-stop Immigration Hub A new processing division the Malaysia Expatriate Talent Service Centre (MYXpats Centre) overseen by the Ministry of Home Affairs, has been set up jointly by TalentCorp and the Immigration Department of Malaysia.

4 With operations commencing on 1 June 2015, MYXpats Centre is responsible for processing and issuing immigration passes for expatriates working in leading economic sectors. These Employment Passes applications along with other relevant passes will be processed within 5 working days from submission of complete documentation. Before submitting applications to MYXpats Centre, employers must first complete the company registration process with the Expatriate Service Division (ESD). Previously, employers applying for Employment Passes and other relevant passes for expatriates had to register the company for an ESD account and submit the pass applications via the ESD portal. The processing time was inconsistent and lengthy. With the launch of MyXpats Centre, it is hoped that employers and expatriates will benefit from an improved and enhanced application process. The ESD, which is managed by the Immigration Department of Malaysia, will focus on facilitating company registration. New Zealand Immigration Amendment Act 2015 Further to last quarter s update where the Immigration Amendment Bill (No.2) passed its second reading in Parliament, the bill passed its final reading on 30 April 2015, and received Royal assent on 6 May It is now the Immigration Amendment Act The main theme of this piece of legislation is to crack down on employers who exploit migrant workers, by toughening penalties and by giving greater powers of investigation to immigration officers. The Act also amends the deportation process to make it simpler. Under the new law, employers who are found guilty of exploiting migrant workers (whether they are on temporary work visas, or unlawfully working without a New Zealand work visa) will face a fine of up to NZ$100,000, or a jail sentence of up to 7 years, or both. In addition to that, an exploitative employer who holds a New Zealand Resident Visa will also be liable for deportation if the offence was committed within 10 years of gaining New Zealand Residence. Commencement for most sections of the Amendment Act was 7 May 2015 (the day after Royal assent). Some other sections, for example, entry and search powers of employees on employers premises will take effect by Order in Council to allow time to provide training and authorisation to officers who would exercise the new powers. Immigration changes to support Canterbury rebuild On the back of MBIE (Ministry of Business, Innovation and Employment) analysis suggesting that an additional 5,000 construction workers will be needed between December 2014 and the peak of the rebuild in December 2016, the Government has approved some changes to immigration policy to make it easier to recruit and retain migrant workers for the Canterbury rebuild. The maximum duration of an Essential Skills work visa for lower-skilled occupations in Canterbury will be extended from 1 year to 3 years for applications received between July 2015 and December Holders of Essential Skills work visas granted after 1 July 2015 working in Canterbury will be able to change employers without having to go through the process of applying for a Variation of Conditions on their visa provided they stay in the same occupation. This makes it easier for migrant workers to move between jobs. Existing visa holders can apply to have employer conditions removed from their visas. The last change is the introduction of an employer accreditation scheme for labour hire companies that recruit and employ migrant workers on Essential Skills work visas. Labour hire companies that employ workers in the construction sector in Canterbury must obtain accreditation by 1 January Labour

5 hire companies outside of Christchurch and in other sectors can also choose to apply with the benefit of longer visas potentially available to their staff if they are accredited. Update on Immigration ONLINE With the success of Student Visa applications going online (which went live globally at the end of August 2014), work is currently in progress to launch the Apply on Behalf functionality for agents of online student applications. This feature is expected to be rolled out in June Other key online services that are scheduled to be implemented by mid-2015 include the Work and Visitor visa functionality, as well as the Chinese language Visitor Visa form. The Identity capability the online lodgement of biometric face and fingerprint information and automated matching using IDme is being built and is expected to be released later this year. Immigration New Zealand is also at final stages of implementing emedical, which is a scheme that enables secure online handling of visa applicants medical information. This has been a huge project as it involves selecting a new panel physician network onshore in New Zealand, and a different way of working with numerous physicians offshore. Digitising Immigration New Zealand s new health processes through the emedical platform and its internal Immigration Health System (HIS) platform will facilitate more effective and speedy management of clearance and triage of health information. Singapore Mandatory Online Application Process Since 1 June 2015, the Ministry of Manpower (MOM) has ceased to accept manual applications - only allowing online submission of applications - for most categories of pass, including Employment Pass, S Pass, passes for accompanying dependants and Training Employment Pass. The move to mandate companies usage of the online system for application transactions comes after MOM s efforts over the last few years, in progressively introducing enhancements to the systems, expanding the online immigration facilities to ease administration and streamline processes. The requirement will not impact Personalised Employment Pass, Employment Pass under sponsorship route and EntrePass, as manual submission remains the only avenue for these applications. Extension of Validity of Multiple Journey Visa With effect from 1 June 2015, the validity of Multiple Journey Visa (MJV) issued to nationals from People s Republic of China (PRC) can be extended up to 10 years. Whilst every visa application is assessed based on its own merits, PRC nationals will generally be considered for the 10 year MJV if they have previously visited Singapore and their visa application is supported by relevant Singapore agencies. Thailand All Work Permit holders and their accompanying dependants are required to comply with a 90-day reporting requirement. The Thai immigration authorities have recently expanded the mode of reporting. Other than reporting in person at the Immigration Office, all foreign nationals can also report their presence online after 90 consecutive days of stay in Thailand. The mandate reporting may be completed online up to 15 days before or no later than 7 days after the 90-days mark. It is important for applicants to retain their receipts as proof of filing.

6 How Pwc s International Assignment Services can help you PwC International Assignment Services Immigration team is a dedicated team specialising in the provision of immigration advice and assistance with visa requirements and applications for employees. Our global network of immigration experts includes some 1000 professionals in 128 countries worldwide, forming one of the largest immigration service providers of its kind. Please visit our website at for further information on how we can assist. Our immigration page features a series of country-specific immigration guides, covering Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Myanmar, New Zealand, Philippines, Singapore, Taiwan, Thailand and Vietnam. The guides are intended as a brief overview only. Please do contact our team for further information and advice. James Clemence, Partner james.clemence@sg.pwc.com Jenny Lee. Senior Manager jenny.sh.lee@sg.pwc.com Christine Lam, Manager lam.christine@sg.pwc.com 2015 PricewaterhouseCoopers International Assignment Services (Singapore) Pte Ltd. All rights reserved. Disclaimer: This publication is intended to provide only general information and it does not amount to professional, legal or tax advice. Readers should therefore not rely on the contents of this publication as a basis of specific action, without seeking professional advice. PricewaterhouseCoopers refers to PricewaterhouseCoopers International Assignment Services (Singapore) Pte Ltd or, as the context requires, the PricewaterhouseCoopers global network or other member firms of the network, each of which is a separate legal entity. Co. Reg. No. : C