Immigration Update

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Changes made to Entry and Exit Administrative Laws in China

On September 1^st 2013 the new Entry and Exit Administrative Law came into effect in China. Further provisions have now been released with the most significant changes affecting visa categories. These are:

• Z-visa

This was to be divided into, Z1 was for foreigners working more than 90 days in China, and Z2 was for foreigners working in china less than 90 days. Under the new regulations the Z visa covers general employment in China.

• F-visa

This visa was previously to serve non-commercial exchanges and visits including scientific, educational, cultural, health and athletic purposes on a temporary basis. Under the new regulation, the F-visa is specific to persons engaging in cultural or academic exchanges, visits and inspections in China.

• M visa

The M visa will replace the role of the F visa and will be used as the generic business Visa.

• R-visa

This visa was previously going to be split into two new visa categories, separating highly skilled foreign workers long-term and short term residency. The new regulations include only one type of R-visa, for occupations where there are shortages.

Other Changes include:

• A reduction into the processing time of work permits in Shanghai from 15 to 7 days.
• All visa applicants must complete the new application form.
• Family members applying for family Residence permits in Shanghai must notarize a copy of their marriage licence and birth certificate at the Chinese consular in their home country.

India

Digital photographs required for applications in India

New regulations have been released in India outlining the use of digital photos. All foreign nationals must now submit a digital photograph in order to schedule an appointment online for all in-country registrations or renewals. The photograph must be at least 3.5cmx3.5cm and cannot exceed 3.5cmx4.5cm; the image must be in JPEG format and less than 50KB in size.

This photo must:

• Be taken against a white or light background
• Have no border

Hard copies of the photograph will be required for the appointment, along with supporting documents.

Kenya

Kenya’s Immigration Department resumes services

The Kenyan immigration department has resumed processing applications after a suspension of over one month. We previously reported that high corruption levels had ensured the closure of this department, whilst a new immigration director was employed.

Sterling would like to remind assignees that there will still be delays to application processing times due to the closure. These delays will remain for several weeks down to the significant amount of application backlogs that have built up over the suspension period.

UK

Changes to UK immigration rules

On 6^th September 2013, Parliament laid out a number of changes to the immigration rules. These changes will be enforced on the 1^st October 2013.

These changes include:

• The removal of the English language requirement for intra-company transferees;
• Plans to make it easier for graduate entrepreneurs to switch into Tier 2;
• Waiving share ownership restrictions for some senior staff
• Giving some students the rights to work as interns under the Tier 5 government authorised exchange scheme.
• Allowing tourists and business visitors to do some studying
• Increasing the activities a business visitor can do in the UK.
• Removing the prospective student route.
• Expanding checks to ensure visa applicants are genuine, and that they intend to meet the conditions of leave they apply for;
• Introducing powers to refuse Tier 4 extension applications where the applicant cannot speak English;
• Introducing a scheme which allows some locally engaged staff in Afghanistan to relocate to the UK;
• Setting new youth mobility scheme quotas for 2014;
• Enabling those who demonstrate exceptional promise in the arts to apply under Tier 1;
• Changes to the way we handle settlement applications for refugees who have committed crimes, and adding the power to curtail leave for persistent or serious offenders;
• Introducing temporary Immigration Rules so participants and personnel can come to the UK during the 2014 Commonwealth Games;
• Minor changes and clarifications to the Immigration Rules, including those relating to family life.