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September 2016

PEREGRINE NEWS
Welcome to the Peregrine News digest for September 2016!
Immigo
In September we made a small enhancement to Immigo. We now show extra details in the browser
tab. For Cases, this means the Case number and Applicant name (so you can tell which of your
browser tabs is which case). Likewise, additional detail is shown on tabs for Companies, Fees,
Suppliers, Reports and Questionnaires.
Immiguru
We also released a new feature to Immiguru: The Contract Location Filter. You can now, optionally,
specify whether the applicants employment contract is in the host country or outside the host
country. Immiguru will then filter down your results accordingly.
Weve additionally included this filter in Immiguru Reports, so you can now run a report giving you
only the processes which allow the contract to stay outside the host country, for example.

Table of Contents
CANADA QUEBEC IMMIGRATION PROGRAM REACHES LIMIT IN ONE DAY
IRELAND NEW REQUIREMENTS FOR EMPLOYERS OF POSTED WORKERS
RUSSIA HEAD MIGRATION OFFICE TEMPORARILY CLOSED DUE TO CHANGE OF ADDRESS
AUSTRALIA HIGH COURT RULES AGAINST VISA EXEMPTIONS FOR OFFSHORE OIL AND GAS WORKERS
SAUDI ARABIA SIGNIFICANT VISA FEE INCREASES IMMINENT
NIGERIA NEW CERPAC CENTRES ESTABLISHED
TURKEY CHANGES TO RESIDENCE PERMIT LAW
IRELAND NEW ONLINE SYSTEMS GO LIVE
ITALY NEW OBLIGATIONS FOR EMPLOYERS OF POSTED WORKERS
PERU VISA-FREE ENTRY FOR CERTAIN CHINESE NATIONALS
VIETNAM ONE-YEAR BUSINESS VISA GRANTED TO US NATIONALS
AUSTRALIA GOVERNMENT RECOMMENDS NEW TEMPORARY VISA FRAMEWORK
CANADA LENIENCY PERIOD FOR ELECTRONIC TRAVEL AUTHORISATION EXTENDED UNTIL 9 NOVEMBER 2016
CHINA BEIJING AND SHANGHAI AUTHORITIES STOP ISSUING M VISA INVITATION LETTERS
MOZAMBIQUE UPCOMING NEW WORK PERMIT REGULATIONS
CHINA EMPLOYMENT PERMIT AND FOREIGN EXPERT CERTIFICATE TO BE CONSOLIDATED
CZECH REPUBLIC NEW RESTRICTIONS ON SHORT-TERM VISA APPLICATIONS FOR EMPLOYMENT PURPOSES
MORE FROM PEREGRINE

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CANADA Quebec
Immigration Program
Reaches Limit in One Day
Quebec Immigration opened its online
application system between 16 August 2016
and received 5000 applications for
immigration under the Quebec Skilled Worker
Program in a mere five hours.
The online application system, which is known
as Mon Projet Quebec, will only accept
applications that are validated and complete,
which meant that all of the hopeful applicants
had carefully prepared their applications well
in advance of the intake date. A previous
intake in June also yielded 5000 applications
and the province has now reached its overall
cap of 10,000 applications for the fiscal year
(1 April 2016 to 31 March 2017).

Background
The Province of Quebec reached an
agreement on immigration with the
Government of Canada in 1971. This
agreement gives the province more control
over immigration selection than the other
Canadian provinces enjoy.
Quebecs selection is focused on two principal
programs. One is aimed at attracting business
immigrants and investors and the other is for
permanent skilled workers. Provincial
immigration officials review all applications
and issue Selection Certificates (CSQs) to
successful applicants. Individuals who receive
a CSQ must also pass federal security and
medical reviews before obtaining their
permanent residence status in Canada.
The Province is expecting to receive 26,200
skilled workers and 5,400 business immigrants
before March 2017.

Quebec Immigration also has jurisdiction over

temporary workers and foreign students. A
foreign worker or foreign student must obtain
an Acceptance Certificate (CAQ) before they
can be issued a study or work permit.

Action Items
Employers in Quebec intending to
hire foreign national skilled
workers in the next financial year
(2017/2018) should ensure that
applications are fully completed
ready for submission during the
next intake.
Note that candidates who have an
employment offer validated by
Quebec Immigration, as well as
individuals who are temporary
residents of Quebec and eligible
to submit an application for CSQ,
are exempt from the annual cap
and may submit an application at
any time..

IRELAND New
Requirements for
Employers of Posted
Workers
On 27 July 2016, the Irish government signed
into law with immediate effect the European
Union (Posting of Workers) Regulations 2016,
transposing into Irish law European Union
(EU) Directive 2014/67/EU (The Enforcement
Directive).
The Regulations impose a new requirement
on EU-based service providers when posting
workers to Ireland, to provide a declaration to
the Workplace Relations Commission (the
WRC), maintain certain documents at a place

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specified to the WRC and designate a person

to liaise with the WRC.

Who is affected?
Due to the broad definition of a posted
worker, it appears the declaration to the
WRC is an additional notification obligation in
respect of EU or non-EU national employees
seconded or posted to Ireland from an EUbased service provider pursuant to a Contract
for Services Employment Permit, an IntraCompany Transfer Employment Permit, an
Atypical Working Scheme Visa or the Van der
Elst exception.
The regulations are clear that the EU-based
service provider (the sending entity), rather
than the Irish entity, is required to make the
declaration to the Workplace Relations
Commission. However, the WRC has
commented that:
Whereas the regulations require the service
provider established in the other Member
State to make the Declaration, a declaration
by the Irish entity will be acceptable, subject
to confirmation of the information contained
therein by the Workplace Relations
Commission with the service provider.

What exactly is required?

The employer must make a
declaration (in English and using
the form provided) to the WRC no
later than the date on which the
service commences containing
the identity of the service
provider, the anticipated number
of clearly identifiable posted
workers, the anticipated duration
and envisaged beginning and end
dates of the posting of each
worker, the address of the
workplace to which each worker

is to be posted, and the nature of

the services justifying the posting.
The employer must keep at a
place notified to the WRC, in
paper or electronic form, for the
duration of the period of the
posting, in respect of each posted
worker, his or her contract of
employment, payslips, records of
daily working time and proof of
payment of wages. The employer
must be prepared to deliver these
documents at request to the WRC
even after the period of the
posting.
The employer must designate a
person to liaise with the WRC and
to send and receive documents
and notices as necessary.
Failure to comply with this
requirement is an offence and
may result in financial penalties
against both the service provider
and its responsible individuals of
up to 50,000.

Background
The requirement to notify the labour
authorities of seconded workers fulfills EU
Directive 2014/67, which enforces the 1996
Posted Workers Directive (96/71/EC) and was
due to be implemented by EU Member States
by 18 June 2016.

Action Items
EU-based Service providers
posting employees to Ireland
should ensure that they comply
with the above notification and
document retention
requirements.

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RUSSIA Head Migration

Office Temporarily Closed
Due to Change of Address
From 5 till 9 September 2016, the Head
Migration Office of the Ministry of Internal
Affairs of Russia, formerly the Federal
Migration Service (FMS) of Russia, has
temporarily stopped accepting applications
and issuing letters of invitation and work
permits for highly qualified specialists.

Why is this happening?

Background
The High Court ruled that a determination by
the Minister for Immigration pursuant to
subsection 9A(6) of the Migration Act in
December last year ('IMMI 15/140') was
invalid.
The Ministerial Determination allowed foreign
workers employed on a vessel or structure
that is used for offshore resources operations
or activities but that is not an Australian
resources installation, to be considered as
outside the migration zone and therefore
exempt from visa requirements.

The Head Migration Office is moving to a new

location. Therefore, applications are no longer
being accepted, nor documents issued, at
Building 1, 4 Verkhnyaya Radischevskaya,
Moscow. The new address for applications
will be 4 Boyarsky Pereulok, Moscow.

The Maritime Union of Australia (MUA) and

Australian Maritime Officers Union (AMOU)
sought a declaration from the High Court that
the Ministerial Determination was invalid. The
High Court agreed and has declared that the
determination was invalid and of no effect.

Action Items

The High Court found that the determination

exceeded the limited power of subsection
9A(6) as it entirely negated the extension of
visa requirements to workers on vessels and
structures that were not Australian resources
installations.

Expect some delays in the

processing of immigration
applications for highly qualified
specialists, due to the change of
address.

AUSTRALIA High Court

rules against visa
exemptions for offshore oil
and gas workers
On 31 August 2015, the High Court of
Australia ruled that foreign nationals working
in the offshore oil and gas industry within
Australian waters will not be exempted from
visa requirements and minimum work
conditions.

Action Items
Companies working in the
offshore oil and gas industry
within Australian waters must
obtain visas for their nonAustralian employees before they
can start work.

SAUDI ARABIA Significant

Visa Fee Increases
Imminent

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Effective 2 October 2016, The Ministry of

Labour in Saudi Arabia has announced a sharp
increase in visa application fees, and
introduced new fees in some cases. These
increases will significantly raise costs for
visitors and foreign nationals living and
working in Saudi Arabia, and their employers.

Action Items

What are the new fees?

TURKEY Changes to
Residence Permit Law

To see the new fees, please click here.

NOTE: The state will bear the cost of a singleentry visit visa for a visitor coming to Saudi
Arabia for the first time to perform Haj or
Umrah.

Action Items
Employers of foreign nationals
living and working in Saudi Arabia,
or travelling there for business,
should review their plans to take
into account the upcoming
significant visa fee hike.

NIGERIA New CERPAC

Centres Established
The Federal Ministry of Interior (FMI) has
commissioned twenty-eight new Combined
Expatriate Residence Permit and Alien Card
(CERPAC) production centres across Nigeria.
All but two Nigerian states will now host a
CERPAC production centre, allowing foreign
nationals to obtain and renew residence cards
more easily. Since the launch of CERPAC in
2002, there have only been eight such centres
in the country.

Foreign nationals in Nigeria who

require a CERPAC residence card
should attend the CERPAC centre
servicing their place of residence.

As we previously described, on 13 August

2016 Turkey published the Law On
International Workforce (Law No. 6735), with
immediate effect.
The new law also provided for various
amendments to the 2014 Law on
International Protection (aka Residence
Permit Law).

What are the changes?

Below are several of the changes that have
been made to the Residence Permit Law via
the Law on International Workforce:
Short-term Residence Permits
may now be issued for up to two
years validity instead of one
year (except for those for
investment or N. Cypriot nationals
- see below);
Dependent Residence Permits
may now be issued for up to three
years validity instead of two
years (but no longer than the
validity of the principals status in
Turkey);
Remaining abroad for more than
120 cumulative days in the last
year no longer cancels a shortterm Residence Permit. Rules
regarding cancellation of short
term Residence Permits with

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regard to stays abroad will be

defined by regulation);
Remaining abroad for more than
180 cumulative days in the last
year no longer cancels a
dependent Residence Permit.
Rules regarding cancellation of
family Residence Permit with
regard to stays abroad will be
defined by regulation;
The section regarding the 24 work
hours limit for undergraduate
students has been removed. New
working hours criteria will be
defined by regulation;
Short-term Residence Permits
may be issued for up to five years
for Northern Cyprus nationals and
unemployed foreign nationals and
their family members living in
Turkey who are investing in
Turkey (according to the criteria,
scope and amount set by the
Council of Ministers).

Action Items
Expect these changes to the
residence permit system in Turkey
to be implemented in the coming
months;
Confirm up-to-date information
for upcoming Turkish immigration
matters with a Turkish provider
on a case-by-case basis.

IRELAND New Online

Systems Go Live
Effective 8 September 2016, the Irish
Naturalisation and Immigration Service (INIS)
has introduced an online booking system for
appointments for residence registration at the

Garda National Immigration Bureau (GNIB)

office in Burgh Quay, Dublin.
In addition, effective 6 September 2016, the
Department of Jobs, Enterprise and
Innovation (DJEI) has officially launched its
new Employment Permits Online System
(EPOS).

INIS online registration appointment

booking system
This is a long-awaited system intended to ease
the stressful and time-consuming process
which has been in place until now.
Assignees living in Dublin needing
to register their residency and
obtain or renew a GNIB Card will
be required to book an
appointment prior to attending
the GNIB Office in Dublin;
Appointments must be booked
approximately two weeks in
advance and possibly earlier at
peak times of the year (October
January);
Last minute appointments may no
longer be available;
The first appointments will be
available from 15 September
2016 after which time walk in
applicants will no longer be
facilitated;
The documents required at the
appointment for each type of
registration (new or renewal)
remain the same;
Assignees will still be required to
attend the appointment in
person;
The time required to complete
the registration process is
expected to decrease.

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Employment Permits Online System

What are the new requirements?

The much-anticipated new online application

system for employment permits is now live
and available for use. The applicant completes
an online application, documents must be
scanned and uploaded and a fee paid by debit
or credit card through a secure payment
gateway. It is hoped that EPOS will make the
employment permit application process faster
and easier.

The decree introduces some obligations for

sending companies posting workers to Italy,
namely:

Action Items
Use the new INIS system to book
appointments at the GNIB office
in Dublin for residence
registration.
Use the new EPOS system to
apply for employment permits.

ITALY New Obligations

for Employers of Posted
Workers
Effective 22 July 2016, Decree N.136/2016
introduces new obligations for companies
posting foreign national workers to Italy.
Specific guidelines for the implementation of
the new provisions are yet to be issued.

Who is affected?
The Decree applies to:
European Union (EU) companies
posting (seconding) workers to a
company in Italy (including to a
company within the same group);
EU placement agencies posting
workers to Italy;
Non-EU companies posting
workers to Italy.

Sending a notice of the

secondment to the Ministry of
Labour before the posting is
initiated, and of any changes
occurred during the relationship;
Maintaining all documents
referring to the posting
(employment contract, pay slips,
notifications);
Appointing a local representative
resident in Italy.
The decree also introduces a regime of joint
liability between the host company in Italy
and the sending company in relation to social
security contributions, which will endure for
up to two years after the termination of the
posting.

Background
The Decree implements EU Directive 2014/67
(concerning the posting of workers in the
framework of the provision of services), which
enforces the 1996 Posted Workers Directive
(96/71/EC)

Action Items
Companies posting foreign
national employees to Italy should
ensure that they comply with the
new notification and document
retention requirements;
Check with a local immigration
provider in Italy for the latest on
the implementation of the new
provisions.

peregrine: GLOBAL IMMIGRATION MADE SIMPLE

VAT registration number: 111 7916 32
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PERU Visa-Free Entry for

Certain Chinese Nationals
Effective 21 September 2016, qualifying
Chinese nationals will be able to enter Peru
visa-free for business or tourism, for one or
more stays totaling up to 180 days per six
months.
To qualify, Chinese nationals must hold
permanent residence or a visa valid for at
least six months for Australia, Canada, the
United Kingdom, the United States or a
Schengen Area country.

Action Items
Before 21 September 2016,
qualifying Chinese nationals
travelling to Peru for business or
tourism must comply with existing
visa requirements.
From 21 September Chinese
nationals can enter Peru visa-free
as a business visitor or tourist.

VIETNAM One-Year
Business Visa Granted to
US Nationals
Effective 28 August 2016, Vietnam began
issuing one-year multiple-entry visas to all
United States (US) nationals travelling for
business or tourism.

Important Points
US nationals successfully applying
for a Vietnam visa for tourism or
business purposes will
automatically be issued a oneyear multiple-entry visa;

The options of a one-month or

three-month single-entry or
multiple-entry visa are
discontinued;
The government fee for the
twelve-month visa is US$135.
Previously, the fee for a onemonth single-entry visa was $45;
The maximum duration of stay for
each entry to Vietnam remains 90
days for business purposes.

Action Items
US nationals travelling frequently
to Vietnam for business, and their
employers, can now expect a
lighter administrative burden and
lower fees;
US nationals traveling only
occasionally to Vietnam, and for
shorter periods, can now expect
to pay higher visa fees than
previously.

AUSTRALIA Government
Recommends New
Temporary Visa Framework
Subject to final approval from the GovernorGeneral, significant reforms to the temporary
activity visa framework will be made on 19
November 2016.
The proposed changes include creating a new
single sponsor class to replace the six existing
sponsor classes, removing certain sponsorship
and nomination requirements for specific
short stay activities, and introducing the
option to lodge applications online.

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New Sponsor Class

The current six sponsor classes
(Entertainment, Long Stay Activity, Training
and Research, Professional Development,
Entertainment, Special Program and
Superyacht Crew) will be replaced with the
Temporary Activities sponsor class.

Visa Subclasses Closed

The changes will also result in the following
visa subclasses being closed to new
applications:
Subclass 401 Temporary Work
(Long Stay Activity)
Subclass 402 Training and
Research
Subclass 416 Special Program
Subclass 420 Temporary Work
(Entertainment)
Subclass 488 Superyacht Crew.
Transitional Arrangements
Applications made for the above visas before
19 November 2016 would be processed under
the pre-19 November 2016 legislation.

Restructured Visa Subclasses

From 19 November 2016, the visa subclasses
listed above are to be incorporated into the
following four restructured or newly created
visa subclasses:
Subclass 400 Temporary Work
(Short Stay Specialist)
Subclass 403 Temporary Work
(International Relations)
Subclass 407 Training (subclass
407)
Subclass 408 Temporary Activity.
The subclass 400 Temporary Work (Short
Stay Specialist) visa would be for people who
want to come to Australia on a temporary

basis to undertake short-term, highlyspecialised, non-ongoing work and, in limited

circumstances, participate in an activity or
work relating to Australias interests.
The subclass 403 Temporary Work
(International Relations) visa would be for
people who want to come to Australia on a
temporary basis:
in relation to a bilateral
agreement
to represent a foreign
government
to teach a foreign language in an
Australian school
to undertake full-time domestic
work for a diplomat
as a person with statutory
privileges and immunities
to participate in the Seasonal
Worker Programme.
The subclass 407 Training visa would be for
people who want to come to Australia to
undertake occupational training or participate
in classroom based professional development
activities on a temporary basis.
The subclass 408 Temporary Activity visa
would be for people who want to come to
Australia on a temporary basis to:
work in the entertainment
industry
participate in a non-ongoing
cultural or social activities at the
invitation of an Australian
organization
observe or participate as an
academic in a research project
undertake full-time religious work
participate in a special
programme to enhance

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international relations and

cultural exchange
participate in high-level sports
(including training)
work in a skilled position under a
staff exchange arrangement
participate in an Australian
government endorsed event
work as a superyacht crew
member
undertake full-time domestic
work in the household of certain
senior foreign executives.

Action Items
From 19 November, if the
proposals are approved:
applicants for temporary activity
visas will be able to apply online
via ImmAccount;
applicants for a subclass 408
Temporary Activity Visa will not
need a nomination, and will not
need to be sponsored if applying
from outside Australia and for less
than three months;
applicants for a subclass 407
Training Visa will need a
nomination and to be sponsored,
regardless of how long they
intend to stay.

CANADA Leniency Period

for Electronic Travel
Authorisation Extended
Until 9 November 2016
The leniency period for Canada's mandatory
new pre-screening system for visa-exempt
visitors has been further extended until 9
November 2016.

The Electronic Travel Authorisation (eTA)

system was to become fully implemented for
visitors to Canada from certain countries on
29 September 2016. Immigration authorities
have agreed to further extend this deadline to
give travellers and airlines more time to
prepare.

What is the eTA?

From 9 November 2016, visa exempt foreign
nationals are expected to have an Electronic
Travel Authorisation (eTA) to fly to or transit
through Canada. The eTA is an online
registration system that travellers access
online. eTAs are valid for five years, or until
the expiration date of a passport, whichever
comes first.

Who Needs an eTA?

The eTA requirement applies to
travelers who do not need a visa
to enter Canada and who are
planning to arrive by air. Visa
exempt countries include the UK,
Japan, Australia, Korea, countries
in the European Union and more.
The eTA requirement does not
apply to citizens of the United
States (US) but US permanent
residents, or green card holders,
do require the online
authorisation.
The eTA is not required if a person
is entering at a land or sea port of
entry.
A list of nationalities requiring an
eTA is available here.
From sometime after March 2016,
nationals of Brazil, Bulgaria,
Mexico or Romania who hold a
current US non-immigrant visa, or
who have held a Canadian visa in
the past ten years, will be allowed

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to enter Canada with an eTA

instead of a visa.

What is the eTA Application

Process?
The eTA process involves entering a travellers
personal details and passport information into
an online portal and paying a fee of $7CAD.
Every traveller must obtain an eTA including
children.
In most cases, CIC will approve the eTA within
minutes of applying. In situations where an
immediate decision is not given, CIC will
follow up with applicants with requests to
obtain more information.

Action Items
Visa-waiver nationals (other than
US nationals) travelling to Canada
should register for an eTA before
travelling, as the leniency period
is temporary.

CHINA Beijing and

Shanghai Authorities Stop
Issuing M Visa Invitation
Letters
Government agencies in Beijing and Shanghai
have stopped issuing M (business) visa
invitation letters, and Chinese consulates
abroad will instead accept invitation letters
from Chinese companies in those cities in
support of M visa applications.
This change is expected to reduce the time it
takes to obtain an M visa in many cases, as
Beijing and Shanghai companies no longer
need to obtain a government letter of
invitation. The Foreign Affairs Offices and

Commercial Bureaus in both Beijing and

Shanghai confirmed the new policy, which
local authorities in other cities have not yet
implemented.

Action Items
M visa applicants should check
the exact invitation letter
requirements with the relevant
consulate before applying, as
application rules can vary
depending on the consulate, the
nationality of the applicant and
the Chinese destination city.

MOZAMBIQUE Upcoming
New Work Permit
Regulations
Effective 29 November 2016, new work
permit regulations will introduce stricter
requirements in the hiring of foreign labour.

What are the principal changes?

The main changes in the new regulation
include:
Employment agencies will no
longer be able to sponsor work
permits for foreign employees to
be allocated to third-party
employers;
Short-term work authorisation
will be issued for 90 days initially
(currently this is issued for 30
days, with up to two extensions
per year);
The Directorate of Labour will be
allowed a longer time frame to
process applications;
New fees for short-term work
authorisation will be applicable;

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 Academic certification and an

equivalence certificate issued by
the Ministry of Education will be
required for quota and non-quota
work permit applications;
Foreign national employees will
only be allowed to transfer to a
new employer or location if the
new employer or location has a
foreign national quota;
New financial penalties will be
introduced for non-compliance;
Employers will be required to
dismiss a foreign national
employee if a Mozambican
employee is dismissed.

Action Points
Employers should be prepared for
several important changes,
including longer processing times,
when applying for new work
permits on behalf of their
international assignees from 29
November 2016.

CHINA Employment
Permit and Foreign Expert
Certificate to be
Consolidated
Effective 1 October 2016, the employment
permit issued by the Ministry of Human
Resources and Social Security, and the foreign
expert certificate issued by the State
Administration of Foreign Experts Affairs, will
be consolidated into a single permit.

Trial Period
The integrated mechanism will be launched
on 1 October in nine pilot provinces/cities

(Anhui, Beijing, Guangdong, Heibei, Ningxia,

Shandong, Sichuan, Shanghai and Tianjin) and
expanded nationwide on 1 April 2017. Once
the new system takes effect, foreign nationals
will have the option to either retain their
current work permit or foreign expert
certificate for the remainder of the period of
validity, or replace the existing permit with
the integrated work permit.

Online Application
A new work permit application procedure will
allow applicants to download forms from the
internet and submit them electronically. A
permanent code will be assigned to the
application that will enable the tracking of the
individuals personal information. The
modified application procedure will
significantly reduce the amount of required
documentation, eliminate the need for
repetitive checks by the authorities and
expedite approval processing time.
The administration will issue new work permit
cards equipped with contactless chips,
carrying the holders name, photo, visa
number, duration and expiry date of
permitted stay, and workplace.

Points-Based System
Under the integrated system, foreign
nationals working in China will be categorized
into one of three groups (A, B and C) that will
identify the holder as high-end personnel,
professional personnel, or temporary and
seasonal personnel in the service or nontechnical sectors.
The government will highly encourage group
A, while limiting group B and restricting group
C applicants. A green channel will also be
available to high-end personnel.
Criteria such as salary, educational
background, length of time services are

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provided, Chinese language proficiency, age

and work experience will be evaluated in
determining the applicable group. The total
scores will be added, with a score of below
60 for group C, 60 and over for group B and 85
and over for group A.
The authorities are expected to issue more
detailed implementation rules in the near
future.

Action Items
Companies employing foreign
nationals in China, or sending
employees on assignment to
China, should expect major
changes to work authorisation
procedures in the coming months.

CZECH REPUBLIC New

Restrictions on Short-Term
Visa Applications for
Employment Purposes
Effective immediately, non-EEA national
employees seconded to work in the Czech
Republic from outside the EEA can no longer
apply for a C (short-term) visa for the purpose
of employment simultaneously with their
consular Employee Card (residence card)
application.
This means that seconded employees cannot
travel to the Czech Republic to start work until
their Employee Card has been approved,
which may take several months.

Background
Employee Card
The Employee Card is a residence card for
foreign nationals employed in the Czech
Republic for more than 90 days, issued by a

Czech consulate for a stay of up to two years,

and renewable. Application processing usually
takes two to three months. Once the
Employee Card application is approved, the
applicant will be issued a D (long-term) visa
for the purposes of travelling to the Czech
Republic to collect the Employee Card.
For those locally hired in the Czech Republic,
the Employee Card acts as a dual work and
residence permit. However, in the case of
employees seconded to work in the Czech
Republic from outside the EEA, a valid work
permit must first be obtained from the Czech
Labour Office, and submitted in support of the
non-dual Employee Card application.
For those seconded to work in the Czech
Republic from within the EEA, a work permit is
not required, but proof of labour office
registration must be submitted in support of
the non-dual Employee Card application.
C Visa
An application for a C (short-term) visa for the
purpose of employment for up to 90 days is
usually processed within two weeks, and must
also be supported by a work permit.
Simultaneous Applications
Until recently, it has been common for
employees seconded to work in the Czech
Republic, and needing to start work quickly, to
apply for a C visa simultaneously with their
Employee Card application, using the same
long-term work permit or labour office
registration in support of both applications. In
this way they were able to enter and start
work in the Czech Republic using the C visa
before the Employee card was approved.
Now, however, the Ministry of Foreign Affairs
(MOFA) has issued guidelines stipulating that
the C visa for employment can only be issued
for applicants intending to stay for a
maximum of 90 days. C Visa applicants must

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submit a short-term work permit and

evidence that they intend to exit the country
within 90 days.

For more information about Immiguru,

Immigo and our other services, please visit
www.peregrine.im.

This new policy therefore prevents seconded

employees from using their long-term work
permit or labour office registration to apply
for a C visa. MOFA states that this stricter
regulation is being implemented to reduce the
workload of the Czech consulates caused by
processing parallel applications.

For any enquiries please contact

info@peregrine.im or +44 (0)20 7993 6860.
DISCLAIMER: The information contained in this immigration newsletter has been
abridged from laws, court decisions, and administrative rulings and should not be
construed or relied upon as legal advice. If you have specific questions regarding the
applicability of this information, please contact Peregrine 2015 Peregrine
Immigration Management Ltd.

Note that, in practice, not all Czech consulates

accepted dual applications based on one work
permit even before this new guideline came
into force. At the moment it is not clear how
the Czech consulates will implement the new
regulations.

Action Points
Employers of non-EEA foreign
nationals seconded to work in the
Czech Republic from outside the
EEA for more than 90 days should
take into account the new shortterm visa restrictions when
planning the start date of the
assignment.
All Employee Card application
requirements should be checked
with the consulate of application
on a case-by-case basis.

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