Immigration Updates – 7th of July

Contributor(s): Daniel King
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    Denmark

    The Danish Agency for International Recruitment and Integration (SIRI) has published updated Positive Lists which are effective 1 July 2023.

    The new Positive List for People with a Higher Education includes 30 job titles, while the Positive List for Skilled Work includes 36 job titles.

    The job titles on the Positive List for People with a Higher Education will be on the list for at least two years (until at least 30 June 2025). The job titles on the Positive List for Skilled Work will be on the list until at least 31 December 2023.

    European Union

    On 1 July 2023, a new Framework Agreement on social security for cross-border telework, signed by 17 European countries, takes effect.

    Under the multilateral agreement, cross-border workers who work remotely in their country of residence for up to 49.99% of their working time are able to choose to remain under the social security regime of the country of their employer. This requires a formal or informal agreement between the employer and employee which can last for up to one to three years (depending on local rules) with possible extensions.

    This framework only applies in certain circumstances:

    • Both the employee’s country of residence and the country of the employer’s registered seat must have signed the Framework Agreement.
    • It only applies to cross-border telework in the country of residence. 
    • The employee may not habitually carry out other activities in the country of residence or habitually work in another country than the country of residence or the country of the employer’s registered seat.
    • It does not apply to self-employed workers.

    All 27 EU Member States have been invited to sign the Framework Agreement, along with Iceland, Liechtenstein, Norway, Switzerland and the United Kingdom.

    So far, the following countries have signed the agreement: Austria, Belgium, Croatia, Czechia, Finland, Germany, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland.. 

    Requests can be made retroactively up to a maximum of three months. However, by way of exception, the first requests can be submitted up to 30 June 2024 and apply retroactively up to a maximum of 12 months (but not before 1 July 2023) provided that social security contributions have been paid in the state of the employer’s registered seat.

    Background

    Regulation (EC) 883/2004 states that only one social security regime can apply (that of the work state). For employees working in more than one Member State, the employee is subject to the social security regime of the country of residence if he or she works there for 25% or more of their working time.

    The sudden growth of telework during the COVID-19 pandemic led to measures to avoid this change of competent state for the social security of the worker. These measures applied until 30 June 2023

    Poland

    On 1 July 2023, the Polish government increased the minimum wage in Poland to PLN 3600. The monthly rate had previously been increased to PLN 3490 from 1 January 2023.

    Also from 1 July 2023, the minimum hourly rate increased to PLN 23.50. The hourly rate had previously been increased to PLN 22.80 from 1 January 2023.

    Employers in Poland must pay all foreign national employees above the minimum wage.

    Russia

    Salary notifications for Highly Qualified Specialists (HQS) are due by 31 July 2023. Employers have until this date to report to the migration authorities the salaries of HQS foreign national employees for the first quarter of 2023 (1 April to 30 June).

    Quarterly notifications must be submitted to the Ministry of Internal Affairs (MIA) within 30 days of the end of each quarter, and the reported salary should be at least RUB 167,000 per calendar month or RUB 501,000 per quarter.

    Violation of the established notification procedure may lead to administrative fines on the employer. Failure to pay the salary in the minimum amount established for HQS may lead to the company being banned from employing new HQS employees for two years.

    The Highly Qualified Specialist (HQS) program allows companies in Russia to employ foreign national workers for up to three years (renewable) with various benefits including a simplified application process and exemption from quotas.

    United Kingdom

    On 19 June 2023 the National Insurance number (NINO) became mandatory for Level 1 users of the Sponsor Management System (SMS).

    According to an updated version of the Introduction to the sponsorship management system: SMS guide 1, from this date onwards, key personnel on sponsor licences may be required to provide their NINO, or a reason why they are exempt from having a NINO, when amending their details in the SMS.

    • If they enter their NINO the update will happen immediately if there are no other changes that cannot be applied automatically.
    • If they indicate that they don’t have a NINO and provide exemption details, this will generate a request that will be subject to casework consideration prior to implementation. hey may be asked to provide evidence of the reason for the NINO exemption as part of this consideration.
    • Failure to provide a valid reason for the NINO exemption may affect the outcome of their request.

    United Kingdom

    The Home office has announced that the second ballot of the Youth Mobility Scheme opens on 24 July and closes on 26 July 2023.

    Applicants from Hong Kong (SAR passport), Japan, South Korea or Taiwan who wish to apply for a Youth Mobility Scheme visa need to enter the ballot during this period. There is a different ballot for applicants from India.

    Ballots typically open in January and July each year. Usually, most applicants are chosen during the January ballot and the remaining places are allocated in the July ballot.

    Eligibility

    Applicants must be aged 18 or over when their visa starts, or 30 or under when they apply. They can apply before they turn 18 and can be over 30 when the visa starts.

    • Applicants are ineligible if they have:
    • children under the age of 18 who live with them;
    • children they are financially responsible for;
    • already been in the UK under the scheme.

    Applicants must show proof that they have at least £2530 in their bank account to show they can support themselves in the UK. They will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of applying for this visa.

    How to enter

    Potential applicants enter the ballot by sending an email. Strictly only one ballot entry can be submitted per person and duplications are not counted. All emails received within the 48-hour period are entered into the ballot and applicants receive an automated reply confirming entry.

    Applicants will receive an email by Monday 31 July if successful in the second ballot.

    They then have 30 days to submit their application and pay the visa fee, after which they usually have 90 days to book an appointment for biometrics at a Visa Application Centre (VAC).

    Applicants should get a decision on their visa within three weeks of attending the appointment.

    • If the visa application is successful, applicants have 90 days to enter the UK. The visa will be valid for 2 years.
    • If the applicant is unsuccessful in the second ballot, they will receive an email within 2 weeks of the ballot closing. Eligible applicants will be able to enter next year’s ballot when it opens in January 2024.

    United Kingdom

    Effective 14 June 2023, the Home Office has approved new Governing Body Endorsement (GBE) Criteria for international player visas.

    The additional access will allow clubs playing in the English league the ability to sign a number of players who do not meet the current points requirements. A maximum of four players will be available to Premier League and Championship teams, and two for League One and League Two teams. 

    The number of players a club will be able to sign will be proportional to the number of English players they play. While each club will get at least two places for players in the first season, they will receive between zero and four depending on the number of English players playing in future seasons.

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