International Business Immigration News

Written on 1 Jul 2019

Welcome to the web version of Osborne Clarke's International Business Immigration Newsletter.

In this edition, we focus on the Single Permit being introduced in Belgium as well as the ICT Permit. We also take a look at the draft law on the immigration of skilled workers in Germany.

Furthermore, we have included an article on one more step towards the total freedom of movement in the EU and an article on Spanish immigration authority publishes criteria for application of the Entrepreneurs’ Law.

Finally, we also bring the latest update from the UK concerning immigration systems post-Brexit.

We hope you enjoy these articles. If you would like to discuss any of the topics raised, please contact one of our experts, whose contact details are below.

Belgium | The Single and the ICT Permits in Belgium

The Single Permit scheme set up by the Single Permit Directive 2011/98/EU has been in effect in Belgium since 1 January 2019. The major innovation of the Single Permit is the creation of a “one-stop-shop” for granting residence and work permits to non-EEA citizens for long-term residence (more than 90 days) in Belgium for work purposes.

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The ICT permit | soon to be a reality in Belgium?

The ICT Directive created a set of rules for multinational companies transferring non-EU nationals to a European office within the same corporate group. It aims to facilitate the mobility of intra-corporate transferees between the EU Member States during their temporary assignments in Europe. All EU Member States except the UK, Denmark and Ireland have opted in. Belgium has not yet incorporated the ICT Directive into its national law, however it is expected to do so in 2019.

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Germany | Draft law on the immigration of skilled workers: an overview of the most important innovations

On 19 December 2018, the Federal Cabinet adopted a draft of a new law on the immigration of skilled workers, the declared aim of which is to ensure the availability of skilled workers through targeted and controlled immigration of skilled workers from third countries. This is not a complete amendment, but rather a selective change and supplement of the existing legal regulations, e.g. in the Residence Act (Aufenthaltsgesetz – AufenthG). In the meantime, the draft law has also been passed by the Federal Council. The Federal Council published its statement on 15 February 2019 and welcomed the draft in principle.

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Spain | One step towards the total freedom of movement in the EU and Spanish immigration authority publishes criteria for application of the Entrepreneurs’ Law

The objective of attaining the complete freedom of movement within the European Union, with no physical and legal internal frontiers, is closer after the entry into force on 16 February 2019 of the Regulation (EU) 2016/1191, of 6 July 2016, on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union.

This progress has been made possible through the exemption from all forms of legalization and translation of those public documents issued by a Member State authority for presentation in another Member State.

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Spanish immigration authority publishes criteria for application of the Entrepreneurs’ Law for investors, intra-corporate transfers and highly qualified employees in Spain

Six years ago, the so-called “Entrepreneurs’ Law” (Law 14/2013, of 27 September, to support entrepreneurs and their internationalization), came into force. The Entrepreneurs’ Law established a more business-friendly immigration regime for highly qualified professionals, investors and multinational groups willing to temporarily transfer their foreign employees to Spain.

Since then, there have been evolutions in economic and social contexts, as well as in the dynamics of the market and the Administration.

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UK | Brexit and immigration | What are the new dates for EU migrants to be aware of?

With the UK’s formal departure from the EU having been delayed to 31 October 2019 and a further extension at least a possibility , the relevant dates for EU migrants have also shifted.

The EU Settlement Scheme is now open to EU migrants and their family members to apply for pre-settled or settled status. If there is no deal, the deadline to apply will be 31 December 2020 (subject to any further extension of the Article 50 notice period beyond that date). If the current deal is agreed, the deadline will be 30 June 2021.

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