Vincent de Graauw
IMMIGRATION MANAGER FRANCE ⭐️Business Immigration - Immigration professionnelle ⭐️ French Labor law - Droit Social ⭐️RH mobilité - Mobility HR ⭐️ Postings - Détachements ⭐️ Social Affairs - Affaires Sociales
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🌟Breaking News: New penalties - employment of workers without a work permit - co-responsibility🌟 A new decree implementing the January 2024 immigration law has been published in the "Journal Officiel".It is Decree no. 2024-814 of 9 July 2024. This decree is mainly aimed at:➡️employers of foreign employees➡️principals (in the context of commercial contracts - co-contractors) Remember, the new law of January 2024 created an 💰administrative fine 💰 which replaces penalties in the form of ‘special contributions’ and ‘lump sums’.This fine now applies not only to the employer, but also exposes the company that employs foreign employees (the principal) under a commercial contract to the risk of penalties in the form of ⚠️co-responsibility ⚠️. 1️⃣ Key points:The Decree amends: ✅The provisions relating to the implementation of the ‘special contribution’.✅Provisions relating to the financial solidarity of principals✅Provisions relating to the instruction of the work permit.✅And repeals the provisions relating to the ‘flat-rate contribution’. 2️⃣ But who can impose penalties?It is the Minister for Immigration who is responsible for implementing the administrative fine (instead of the OFII), and who sets the amount. It is the same Ministry that will henceforth apply financial solidarity (co-responsibility) to people who have knowingly used an employer of foreign nationals who are not authorised to work. 3️⃣ Work permits:Employee protection is strengthened 💪because the conditions for issuing work permits vis-à-vis the employer are changing. The authorities will be able to refuse to issue the work permit: ❌When the employer or principal has committed a ‘serious breach’ of criminal law.❌Where the employer or principal has committed a ‘serious breach’ with regard to the health and safety of its employees❌When the employer or principal has failed to meet its social obligations❌When the recruitment project appears disproportionate to its activity.Do you need to know your liability to your co-contractors under your commercial contracts? Better understand this chain of liability? Do you risk a fine? How do you obtain a work permit? Contact "Immigration by Santa Fe" onimmigration.france@santaferelo.com#mobility #coresponsibility #foreignWorkers #Sanctions
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Working In
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Important update —Specific immigration rules around 90-day trial periods 2024 has well and truly kicked off, along with an employment law change from the new coalition Government around 90-day trial periods for new employees.The new legislation, known as the Employment Relations (Trial Periods) Amendment Bill aims to provide employers the confidence to hire new staff by allowing a 90-day trial period. During this period, employers can dismiss unsuitable employees without legal consequences, provided that the trial period is specified in the employment agreement and the employee is new.It is crucial to note specific immigration rules apply to the use of 90-day trial periods.If you are hiring people on certain work visas, such as the Accredited Employer Work Visa (AEWV), you will need to consider these immigration requirements.90-day trial periods are not permitted for the following employers:Employers hiring people on an AEWV - It should be noted specifically that employers cannot use a 90-day trial period when hiring people on an AEWV. We notice this hasn’t always been clear in recent industry updates being sent around the amendment.Accredited employers submitting Job Checks and supporting workers on an AEWV - Breaches of these rules could mean you risk having your employer accreditation revoked, cause a Job Check to decline or have serious consequences during a compliance check. Talk to Nassim Lalehzari or one of the team Working In to ensure your employment agreement complies with the new law and immigration requirements in this ever-changing landscape. We’re here to help get you off to a great start for the year.#immigrationexperts #nzbusiness #WorkingIn
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Jo-lene Da Silva-Vergottini
Director/Owner, Immigration Specialist
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How confident are you that your company are fully compliant with the Immigration Laws of South Africa?
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CCA Immigration Solutions
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Is your South African company fully compliant with their foreign employees?In his recent budget vote speech, newly appointed Home Affairs Minister Dr Leon Schreiber touched on various points that he will specifically be targeting during his tenure. One of such points was that of illegal foreigners. The minister said “In the coming year, Home Affairs will increase the number of inspections at restaurants, spaza shops, farms and mines by over 50% in order to take action against people illegally employed, including through deportations. But these inspections are most effective when done in collaboration with other Departments, such as Employment and Labour, the South African Police Service (“SAPS”), and local government. I will be reaching out to colleagues in the relevant Departments with the aim of conducting joint operations to maximise our ability to hold everyone involved in illegal activities to account.”The last sentence in the statement is key as it confirms that he will not only hold the illegal foreigners to account, but all who are involved. This means that should an employer be found to have employed an illegal foreigner either knowingly or unknowingly, they too will be held accountable, this could mean consequences for the Owner/CEO, HR head and direct line managers, where Home Affairs sees fit.In my experience, most employers fall in to the “unknowingly” category, as their employees present them with what looks like a valid, legitimate permit/visa and the employer then deems themselves and their employee as complaint. This is however not the case, Section 38 of the Immigration act, places the onus on the Employer to ensure that they have taken all reasonable steps to ensure the employees documentation grants them the right to be employed with their company. The main response from employer's who are found to be non-compliant, is that of being "ignorant" to the immigration laws on what is deemed a legitimate work visa/permit, unfortunately the law does not make provision for or recognise "ignorance" as an excuse. As an employer you are mandated to ensure you follow all laws of the country and when employing foreign nationals, this includes the Immigration Act. The act however is not something easily read and understood and as such it is advisable to have a reputable immigration firm who can assist with vetting all employees’ documentation.Under the previous Minister there was already a push to eradicate illegal foreigners in the workforce which saw many large companies make the news. It now seems to be one of the new Minister’s main missions and as such if you are a company that employs foreign labour, it would be wise to ensure you are fully compliant.We offer an auditing service whereby we will audit your foreign employees’ documentation and provide a full report of our findings. Please do reach out to us via email at info@ccais.co.za or visit our website www.ccais.co.za, to discuss how this may benefit your company.
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Audrey Lustgarten
Global immigration attorney helping companies get the visas and permits their employees need to travel and relocate globally
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🤕 Keeping track of all the immigration changes at the beginning of each year can be a real headache for employers, so I am going to be posting some of the most important changes here to help folks stay updated. We are going to start with one of my favorite countries (which I visited last year to speak at the wonderful EuRA - European Relocation Association Conference): Ireland.🍀 The Irish government made significant changes to employment-based immigration rules this month. Many of these changes are positive: including addition of 11 roles to the Critical Skills Occupations List and 32 roles to the General Employment Permit eligible list. However, minimum salary requirements have been increased for multiple categories as follows: 💰 Critical Skills Employment Permit with a degree – EUR 38,000 💰 General Employment Permit – EUR 34,000 💰 Intra-company Transfer Employment Permit – EUR 46,000 💰 Contract for Services Permit – EUR 46,000 Employers should ensure that any roles for which they are seeking permits meet the relevant threshold wage. It is important to be particularly careful that any advertising already completed for a labor market needs test contains a compliant salary level, or it will need to be repeated.
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CheckWorkRights (CWR)
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🐝 In light of the recent buzz surrounding immigration in Australia, we’re giving another update to keep employers informed about the latest changes. The Migration Amendment (Strengthening Employer Compliance) Act 2023, implemented in late February 2024, bringing significant updates aimed at ensuring fair treatment of workers, both local and international, including:👉 Verification of job offers to foreign workers, ensuring compliance with wage and work condition laws.👉 A focus on temporary skilled visas, with employers required to demonstrate genuine need.👉 New audits and investigations to uphold compliance, with standardised and increased penalties for violations.Check out our latest blog to get all the details.#MigrationRules #EmployerCompliance #FairWorkPractices #AustralianMigration
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Kim Wong
Director at Deloitte Ireland
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Irish Immigration Update: From 2nd September 2024, the new Employment Permits Act 2024 came into force in Ireland, consolidating and modernizing several aspects of employment permits law. The new legislation will allow, among other things, employment permit holders to change their permit to a new employer after 9 months rather than 12, with a more streamlined process. #irishimmigration #deloitte
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Azzuro Nova Limited
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Immigration News:Blue Card for NoN-EU High Skilled employees————————————————————————The Republic of #cyprus will issue a Blue Card to highly skilled workers from third countries coming to Cyprus for #employment, according to a draft law approved by the Council of Ministers on the 17th of January 2024.The legislation aligns Cyprus with the relevant European directive concerning the entry and residence conditions for third-country nationals for high-skilled employment in member states.Specifically, the Blue Card pertains to a residence permit with a European dimension, allowing mobility within member states and providing enhanced rights to its holders.Moreover, more flexible rules are introduced to attract high-skilled workers to the European Union, including easier entry requirements, strengthened rights, and facilitation of mobility and work within the EU.The draft law specifies “high skill” as holding a tertiary education degree lasting at least 3 years or reference letter evidencing professional experience of at least 3 years within the last 7 years preceding the Blue Card application. The professional experience will apply only to high executives and professionals in the field of information and communication technologies (ICT).It also provides the flexibility to determine admission volumes and foresees a range of sanctions against employers who fail to meet their obligations.A salary threshold is set in the draft law for granting the Blue Card at 1 to 1.6 times the average gross annual salary of the member state.It also makes beneficiaries of international protection eligible to apply for a Blue Card.The government’s proposal grants increased rights to the family members of Blue Card holders.Additionally, it introduces the possibility of short and long-term mobility within the EU based on simplified rules after twelve months of employment in the first member state. The draft law includes more flexible provisions for access to long-term resident status.It is noteworthy that the consideration of a valid employment contract and the relevant high professional qualifications by the Department of Labour is mandatory for both the initial permit and changing employers within the first twelve months of residence.Provisions for labour market checks are included, both for the initial permit and changing employers within the first twelve months of residence, to expedite the Blue Card issuance process and avoid inconvenience for interested parties.According to the Ministry of Interior, these amendments are in line with the talent attraction program and contribute to the broader effort to promote legal migration as a measure to manage migration.By implementing the European directive, the European Union aims to become a knowledge and innovation-based economy, reduce the administrative burden on businesses, and improve the alignment of labour supply to labour demand.#europeanunion #cyprus #bluecard #updates #azzuronova
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Dan N.
💼 I.T, Healthcare & Immigration Staffing/Outsourcing Expert 🔥 Talent Aquisition Leader 🤖 AI Enthusiast 🎤 Immigration Show Host 🎯 Recruitment Coach
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DAILY IMMIGRATION DOSE: Employment-Based Green Card Process - Understanding the PERM Labor CertificationThe first step in pursuing an employment-based green card is the PERM labor certification process. This process is intended to ensure that there are no qualified U.S. workers available for the position before an employer sponsors a foreign worker for permanent residency.The PERM labor certification process requires the employer to conduct a good faith recruitment effort to test the labor market for potential U.S. workers. This includes advertising the job opening through various channels and documenting the results of the recruitment efforts.Once the recruitment period is complete, the employer must file a PERM labor certification application with the Department of Labor, demonstrating that there were no qualified U.S. workers available for the position.It's important to note that the PERM labor certification process can be complex and time-consuming. Employers and foreign workers must ensure strict compliance with all regulatory requirements to avoid delays or denials in the green card process.For employers and foreign workers navigating the PERM labor certification process, seeking the guidance of an experienced immigration attorney can be invaluable in understanding the intricacies of the process and ensuring compliance with all requirements.#PERMLaborCertification #EmploymentBasedGreenCard #GreenCardProcess #ComplianceStrategies DISCLAIMER: NOT LEGAL ADVICE, USE AT YOUR OWN RISK.
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Eleonora Vasques
Freelance Journalist | Moderator | Presenter | Podcast Producer
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EU institutions are set to simplify administrative rules for work and residence visas making it easier for third-country nationals who wish to work and live in the #EU.In a vote during the Strasbourg plenary session, the European Parliament confirmed on Wednesday (13 March) the provisional agreement EU institutions reached in December 2023.It is now in the hands of the EU ministers to formally approve the deal before the end of this legislative mandate, which expire with EU #elections in early June.This legislative file is under the category of ‘legal migration’, to attract migrant workers to fill the gap of the EU labour market shortage.The proposal will slightly facilitate administrative procedure for foreign workers to obtain a permit in the EU. It is an update of theSingle Permit Directiveadopted by EU institutions in 2011, a piece of legislation establishing EU rules in granting working permits.According to the text, changes will not apply to Denmark and Ireland.The directive reduces the time it takes for decisions for applicants, from four to three months. However, if a case is complex it’s extendible to a further 30 days.Under the changes, individuals with a valid EU residence permit can now apply for a ‘single permit’ to change their legal status without returning to their home country.Another change wanted by the European Parliament allows third-country nationals in the EU who wish to switch employers, occupations, or sectors to notify relevant authorities.The latter has up to 45 days to raise any objections to the change and in certain cases, no further labour market tests are required.EU countries may enforce a rule prohibiting changing employers within the first six months. However, if an employer grossly violates the employment contract, such as imposing extremely exploitative working conditions, it is still permissible for a change during this initial period, the text says.Third-country nationals in the EU who are unemployed and hold a single permit will have up to three months to secure new employment before their right to work is revoked. For those whose permit has been valid for more than two years, this period extends to six months.For workers experiencing exploitative conditions, a permit extension of a further three months is foreseen in the legislation. If the three months are not sufficient, permit holders may need to prove they can financially support themselves without social assistance.Member states will have two years to implement the directive from when it enters into force – a few days after the publication in the EU’s Official Journal.https://lnkd.in/enNebpiV
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Monte Collins Darteh (Monte OZ)
An International Stringer | Travel, Tourism & Active Adventure Reporter | Journalist | Social Media Influencer | Voice-Over Artist | Fashion Week Producer | Head of Production for Kumasi Fashion Week
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Working in EU/EEA Without a Permit? Member States Unveil Consequences and Regulationshttps://ift.tt/Rq5j3VWWorking in the European Union/European Economic Area without a work permit is unlawful, and this practice can have severe consequences for foreigners.Underscoring the risks associated with unauthorised employment, the EU/EEA countries have said that strict measures apply for both unauthorised foreign workers and employers.These measures include deportation and a ban from re-entering the EU, along with potential fines and imprisonment depending on the severity of the breach.To give a better picture of the risks associated with working without a work permit in the EU/EEA countries and discourage people from pursuing this path, SchengenVisaInfo has contacted several states and shares information on some of the risks below.You Risk of Being Deported & Banned if You Work Illegally, EU/EEA Countries WarnThe EU/EEA countries have warned of the strict measures they apply against those who work on the so-called “black market”.Norway said for SchengenVisaInfo that working in the country without a work permit as a non-EU/EEA national leads to expulsion and future entry ban from both Norway and the Schengen/EU countries.In addition, the Norwegian authorities stressed that those who breach the rules are registered in the Schengen Information System, which is accessed by all the member states to check information on certain individuals.Engaging in work in Norway without a valid work permit will lead to a decision to leave the country and may lead to expulsion and future entry prohibition from both Norway as well as the Schengen/EU-area through registration in the Schengen Information System.Norwegian Ministry of Labour and Social InclusionRegarding the duration of the entry ban, the Ministry noted that the ban can be imposed for some years or permanently. The same highlighted that based on the severity of the breach, a fine or imprisonment of up to six months or both may be imposed.Switzerland has also warned of stringent rules against illegal workers. The Swiss State Secretariat for Migration said that foreign nationals who stay and work in the country without the required permit are subject to removal and liable to imprisonment for up to one year.In addition, the country stressed that a five-year entry ban is imposed against those who fail to leave the country within the given deadline after receiving an order to leave.Hungary, Finland, and Sweden also confirmed that strict rules apply against people working without permits.Hungary told SchengenVisaInfo that anyone found working without a permit is expelled and banned from entering the country.From an immigration point of view, the possible legal consequence is an expulsion order.Hungarian National Directorate-General for Aliens PolicingFinland also highlighted that foreigners found working illegally in the country risk being fined and ordered to leave the coun...
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