International Business Immigration Newsletter | October 2016

Published on 12th Oct 2016

For businesses operating in the EU, business immigration issues can play a key role in the success of your business. Moreover, in today’s global economy, companies need to move international executives as well as key employees efficiently between offices. They must also be prepared for those moves to turn into short and longer term work assignments.

Our International Business Immigration Newsletter aims to help companies in all areas of EU business immigration, whether you are scouting a market, taking the initial steps to establish a trading presence and / or developing your business quickly, to remain compliant with all applicable laws.

Belgium | The new Posted Workers Enforcement Directive: what does this mean for Belgium?

The EU Posted Workers Enforcement Directive entered into force on 15 May 2014, with a view to further promote the freedom of movement of services within the EU and to prevent social dumping and unfair competition between EU Member States.

The EU Member States were due to implement it on 18 June 16. The Belgian government approved a draft bill on the Posting of Workers last June.

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France | A new French immigration law approved with a focus on mobility of employees

A new French Immigration Law was approved on 18 February 2016. It deals, in part, with the mobility of employees in France. The government wants to simplify the procedures for foreigners who enter France legally. The law modifies the procedure for intra-company transfers to simplify mobility within the EU. A new residence permit which is valid for two to four years (and which would be issued after an initial one-year residence permit) has been created to prevent foreigners from having to make unnecessary round trips to the Prefecture. The law also creates a residence permit named “passport-talents”. It is valid for four years, and will replace the multitude of existing titles for skilled foreigners.

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Germany | Business immigration: be smart, be ahead of Brexit

Following Brexit, from an EU perspective, the UK may become a “third country”. Whilst it remains possible that certain EU rights will be retained post Brexit, as part of the UK’s exit negotiations, German businesses may choose to assume that UK citizens could lose all of the privileges associated with their EU citizenship. This includes their right to free movement across the EU.

What does this mean? In short, UK citizens may only be entitled to an accumulated stay in Germany of up to 90 days within a period of six months. They may not be allowed to stay longer or to take up employment unless they obtain a residence permit conferring these rights.

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Spain | Moving to a more flexible and streamlined immigration regime aimed at the internationalization of companies

In 2013 a new law on immigration was passed in order to create a new legal migration regime to encourage the Spanish economy by attracting investment and talent, as well as promoting entrepreneurship and the internationalization of companies. The simplification of the new procedure and requirements has favoured not only investment in Spain but also the hiring and transfer of employees to Spain. It has also meant that most of the work permit applications submitted during the last three years have been processed and granted under this new regulation.

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UK | Brexit: what do UK businesses need to know?

Currently, EU nationals benefit from freedom of movement between EU Member States – a fundamental principle of EU law. Workers can move between Member States without restriction. This means that UK passport holders can work in other Member States without needing a visa or residence permit, and vice versa. For UK-based businesses, it is the position of EU nationals in the UK that is likely to be of most concern, although similar issues are likely to arise for EU businesses employing UK nationals.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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