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9 KEY ASPECTS TO THE NEW MIGRATION AND FOREIGNERS LAW

24 de February de 2022

by Editor with No Comment Chile

THE LAST 12TR OF FEBRUARY, ENTRED INTO FORCE THE NEW MIGRATION AND FOREIGNERS LAW THE CHILE

The present normative was published on 21 April 2021 and has entered into force the las 12tr of February, standing up to the new migration and foreigners law the Chile

Today we are going to dedicate the new post to explain the 9 key aspects to the new migration and foreigners law the Santiago de Chile.

1. New form to solicited the permits of visa

From 12/02/2021, all people who wish to setting up in Chile, must carry out the application to visa for remunerated activities from outside the country.

Applications will no longer be processed by the Ministry of Foreign Affairs, from now on they will be handled by the National Migration Service, i.e. the same body in charge of analysing, granting or rejecting applications made within Chile.

2. New migration categories

Migratory category is understood as the different types of residence or stay permits that foreigners can apply for.

These categories are collected in the article 26 the present law:

Transitory Permanent Residence Permit
Temporary Residence Permit
Permanent Residence Permit

Although we would like to be able to provide this information, the new migration categories and subcategories are not yet known, as this is a matter for the Ministry of the Interior to dictate and publish.

3. If a transitory stay is available, it is not necessary to apply for a visa

However, for nationals of certain countries, prior authorisation or a visa issued by the Chilean consulate abroad may be required. The list of countries requiring a visa or authorisation to enter the country will be established by Supreme Decree.

For example, visas will still be required for nationals of Haiti, Cuba, the Dominican Republic and Venezuela.

4. Is it possible to change from a transitional residence permit to a temporary residence permit?

Yes.

As marked the new migration and foreigners law the Chile, in Articles 58 and 69, the change of migratory categories or subcategories may be requested if the requirements are met.

5. Change of immigration status before the entry into force of the new law

In this case, any person requesting to initiate proceedings shall be governed by the law in force at the date of the request.

For those applications that are currently being processed, the implementation of the new law will not affect ongoing applications.

6. What happens with foreigners who have a valid residence or permanent stay visa? What about those who are in the process of applying for a visa?

Residence permits obtained prior to the entry into force of the law will be assimilated to the permits established in the law without the need to reapply.

7. How does the new Migration and Foreigners law protect minors?

Priority will be given to the processing of applications for family reunification of children and adolescents with resident foreigners, as stated in articles 4 and 19 of this law.

The State shall be responsible for adopting the necessary administrative, legislative and legal measures to ensure the full exercise and enjoyment of the rights of underage children and adolescents.

8. Expulsion Order

A forced departure from a foreign country is known as an expulsion order.

Whit the new migration and foreigners law, according to Article 134, holders of a temporary residence permit and those who do not have a valid residence permit may be expelled.

The above shall be valid for those who enter the country despite having a reason that prohibits their entry. The same applies to those who incur, during their stay in the country, in any of the grounds of Article 32 of Law No. 21.325.

Those who are in Chile when their temporary residence permit has expired and who repeat the conduct of exercising remunerated activities without having the authorisation or being authorised to do so, may be expelled.

It is necessary to argue that, before the expulsion summons, the foreigner will have 10 working days to submit the sanction with the corresponding notifications.

9. Creation of figures for the re-entry and re-embarkation of foreigners

The Article 152 the new migration and foreigners law orders that foreigners who enter the country while the decision ordering their expulsion, abandonment or prohibition to enter the national territory is still in force shall be immediately repatriated or returned to their country of origin or country of provenance as soon as possible.

On the other hand, Article 153 states that “any foreigner who is caught by the authorities entering the national territory evading immigration control, whether through authorised or unauthorised crossing points, will be immediately returned or taken back to the border. And those who attempt to enter the national territory using falsified or adulterated documents or documents issued in the name of another person.

If you have any doubts about how you should travel to Chile, either for pleasure or for work, Expatfeliu can analyze the situation in a personalized way with our advisors specialized in foreigners.

HOW TO APPLY FOR NON-PROFIT RESIDENCE IN SPAIN?

16 de February de 2022

by Editor with No Comment Spain

NON-PROFIT RESIDENCE: VISA FOR FOREIGNERS WISHING TO LIVE IN SPAIN WITHOUT PERFORMING ANY ECONOMIC ACTIVITY

For those non-community foreigners who have enough funds and are not going to engage in any economic activity in Spain, visa for non-profit residence is a great choice.

What is a non-profit residence visa?

The non-profit residence visa is a type of residence in Spain that non-European people can apply with the purpose of not carrying out any economic activity, but it does give permission to reside in the country.

This type of residence visa gives the applicant the opportunity to stay in Spain for 1 year since the first day of entry into Spanish territory, as it is considered an initial residence authorization.

Later, such residence authorization give the chance of sucessive renewal from 2 years periods, until reach the permanent or long-term residence.

Now that you know a bit more about non-profit residence, in this blog entry we will focus on explaining its main characteristics and the requierements for its application and how about obtaining it.

Who is the non-profit residency visa intended for?

As mentioned before, one of the most significant aspects about non-profit residence is that it does not allow you to work, sicne its nature is not-for-profit.

What benefits does non-profit residence provide?

Here we explain the main advantages of non-profit residency:

It is available for the whole family: all family members can obtain a non-profit residence visa with a join application
Allows to obtain long-term residence or citizenship, if the applicant wishes in a long term
Cannot work in the country, but you can invest in
Opens the door to the chance of studying and doing paid internships as long as it is for training purposes
Allows travelling around Schengen, considering that they must be non-profit and for a period of time not exceeding 90 days

What are the requirements for the application?

There are many requirements that must be in order to obtain non-profit residence to live in Spain.

Let’s review one by one:

Demonstrate that sufficient funds are available, since this residence permit does not allow the holder to work in Spain. It is enough to demonstrate that you can guarantee the payment of the stay and the return to the country of origin
The amount is calculated as it is shown below:
>Monthly support corresponding to 400% of the IPREM
>For the support of each of dependent family members, 100% additional IPREM

Having full medical insurance coverage in Spain
Lack of criminal record, both in Spain and in the country of origin
Not to be in an irregular situation in the country of origin
Not being within the period of commitment not to return to Spain
Not being banned to entry in Schengen territory

Application procedure, documentation and waiting period

First of all, it must be taken into account that the application for a non-profit residence visa must be made from the country of origin or country from where the applicant is residing at the time of the application.

Afterwards, should prepare the necessary documents required by our immigration consultants for the application of your non-profit residence.

At last, keep in mind that the resolution period is 3 months.

If you would like more information on how to obtain a non-profit residence visa, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US via the application form

HOW TO APPLY FOR NON-LUCRATIVE RESIDENCE IN SPAIN?

11 de February de 2022

by Editor with No Comment Uncategorized

What is the non-lucrative residence visa?

The non-lucrative residence visa allows non-EU citizens to live in Spain without engaging in any economic activity.

Key Features:

Duration: Initially, it permits a one-year stay, renewable for two-year periods.
Eligibility: Applicants should prove they won’t work in Spain and possess sufficient financial means.
Renewal: It offers the chance to obtain permanent residency or nationality over time.

Who can apply for this visa?

Anyone with adequate financial resources and no intention to work in Spain.

Benefits of non-lucrative residence:

Family Inclusion: Entire families can apply together.
Long-Term Options: Possibility to obtain long-term residency or citizenship.
No Work, But Investment Allowed: Prohibits employment but permits investment.
Educational Opportunities: Allows for studies and internships.
Schengen Travel: Grants access to Schengen Area for non-profit stays up to 90 days.

Requirements for Application:

Financial Stability: Demonstrated ability to cover expenses.
Health Insurance: Full medical coverage in Spain.
Clean Record: No criminal history in Spain or country of origin.
Legal Status: No irregular status in the country of origin.
Schengen Eligibility: No entry ban to Schengen territory.

DO YOU WANT TO FIND OUT IF YOU MEET ALL THE REQUIREMENTS TO APPLY FOR NON-LUCRATIVE RESIDENCE IN SPAIN?

Application Process, Documentation, and Waiting Time

First and foremost, it’s important to note that the application for this visa must be made from the applicant’s country of origin or the country where the applicant is currently residing at the time of application.

Next, prepare the necessary documentation that our specialized Immigration advisors will require for your non-lucrative residence visa application.

Finally, keep in mind that the resolution period is typically 3 months.

GET YOUR NON-LUCRATIVE RESIDENCE VISA WITH EXPATFELIU!

If you want more information on how to obtain the non-lucrative residence visa, our specialized immigration advisors will be delighted to analyze your situation in a personalized manner.

Interested in learning more? Contact us

www.feliu.biz │ www.expatfeliu.com

COVID PASSPORT: FROM 1 FEBRUARY, NEW REQUIREMENT FOR TRAVEL WITHIN SCHENGEN TERRITORY

28 de January de 2022

by Editor with No Comment UE

THE COUNCIL OF MINISTERS HAS APPROVED A NEW REGULATION THAT COMPLETELY CHANGES THE WAY TRAVEL BETWEEN CITIZENS OF THE 27 MEMBER STATES OF THE SCHENGEN AREA IS HANDLED: THE COVID PASSPORT.

On 1 February, new regulations will come into force for travellers from the European Union, including the requirement to have a covid passport.

The main objective is to simplify the applicable rules and give more clarity and predictability to EU citizens wishing to travel within the Schengen area.

In this blog post, we explain what is new in this new agreement between member states and the new way of travelling in the EU.

Covid passport, a prerequisite for travel within the EU

As we have already mentioned, on 1st February, the Covid Passport becomes compulsory to be able to travel, without any restriction, between the countries of the European Union.

But, what is the Covid Passport? The Covid Passport is a document certifying that the traveller has the complete vaccination schedule or, on the contrary, has passed the disease or has a negative PCR or negative antigen test.

How many doses does my Covid Passport need to register to be valid?

It is not enough to have a Covid Passport, but this accreditation document must meet a series of requirements:

It must be stated that you have a complete vaccination schedule: Valid only one dose in the case of Janssen or if you have had the disease in the last six months. The second dose is only valid if received at least 14 days before the trip, although this second dose is no longer valid if the reminder dose has not been received within the last 270 days (9 months)
In case of not having the complete vaccination schedule, it is necessary to present a negative PCR performed in the last 72 hours, or an antigen test with a maximum of 24 hours (until now it was 48 hours)

Can I travel if I am not vaccinated?

We have mentioned that one of the essential requirements for travel is to have a Covid Passport, although this requirement is only to avoid having to comply with the restrictions imposed by the country of destination.

For those who are not vaccinated or who do not have a full vaccination schedule, they may travel throughout the Schengen area, although under different requirements:

A negative PCR test performed within the last 72 hours or a negative antigen test performed within the last 24 hours. Until now, antigen tests performed within 48 hours have been accepted

Are there people who are exempt from not having a Covid Passport?

The Council of Ministers has stated that there will be certain persons who will be exempt from not presenting the Covid Passport.

These are travellers with an essential function or need, cross-border travellers and children under 12 years of age.

Recall that, for countries, it is a recommendation and not a requirement

Although EU general affairs ministers have given the go-ahead to the changes, which will come into force on 1 February, they are only a recommendation and not a binding rule for national authorities.

Member states have the competence to control their borders, so governments can decide not to follow the guidelines even though they have been agreed by consensus among the 27 countries.

That said, there are already countries such as France, Italy, Portugal, Germany or the Netherlands that are imposing additional restrictions on travellers with an EU Covid Passport travelling to their territory, such as requiring a negative test.

If you would like more information on how to obtain your Covid Passport or if you have any doubts about the country you are travelling to, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way.

Do you want more information? CONTACT US through the application form

Expatriation and Impatriation Area

NEW STARTUPS LAW: SPAIN WILL OPEN ITS DOORS TO DIGITAL NOMADISM

24 de January de 2022

by Editor with No Comment Spain

SPAIN WILL OPEN ITS DOORS TO THE PROMOTION OF THE STARTUPS ECOSYSTEM

In order to attract talent and foreign investment to our country, to the new startups law, a set of immigration measures are incorporated to facilitate entry and residence.

The expansion of teleworking has given rise to a new way of working and lifestyle, known as digital nomadism. These people perform their work remotely with the possibility of changing their residence on a regular basis.

Spain will reflect this new lifestyle in the Stratups Law, which is expected to reflect the migration packages in the next law: Law 14/2013, of September 27, 2013, to facilitate immigration of economic interest to Spain.

In the next blog entry, we are going to focus on putting you in context and explaining the measures that this law will incorporate and the advantages it will have for Spain and for Digital Nomads.

Incorporation of a new visa: Digital Nomad Visa.

Until today, foreigners had a visa problem with regard to the remote work system, understood as teleworking.

It is true that, in most cases, foreigners do not come to our country to develop lucrative activities, but wish to continue working for the foreign company while enjoying a nomadic lifestyle.

Until now, the application for a non-profit residence permit was the most suitable option, but it has a drawback: the requested permit did not allow the person who obtained it to carry out any non-profit activity, even if it was for a foreign company.

From now on, anyone who wants to enjoy the spanish lifestyle and continue working for their foreign company will be able to do so by applying for the new “Digital Nomad” visa established

under the new Startups Law, which will allow those who are granted it to regularize their situation in Spain.

What are the benefits of the new residence/visa permit?

The purpose of establishing a new residence permit for Digital Nomads is based on achieving legal residence in Spain in a simpler and easier way.

This is a visa that will allow the person who obtains it to work remotely from Spain for 2 years, with the possibility of renewing it for 2 more years (and so on) as long as the applicant continues to meet the requirements established for obtaining it.

What are the requirements to apply for the new Digital Nomad visa?

Although the Startups law is still in the process of being published and the exact requirements that will come into force are still unknown, we can get an idea of what will be part of them:

Be a highly qualified professional with a university graduate or postgraduate degree, with professional training or business schools or with at least 3 years of professional experience
Prove that you are an international teleworker posted to Spain
Proof of employment and continuous activity for 1 year with a foreign company or group of companies
Proof that the work can be performed 100% remotely
Prove that the company allows teleworking without any problem
That the majority of the remuneration comes from foreign companies with a limit of 30% of proportional revenues from Spain
In case the worker is registered as “self-employed”, i.e. self-employed, it is possible that he/she may be asked for which foreign company he/she works for by means of a commercial contract with a minimum of 3 years of seniority

Other benefits that the Startaps Act will bring us:

The new Startups Law also focuses a lot on the investment of the companies, but this, we will see in our next blog post!

If you would like more information on how to obtain your Digital Nomad visa, our advisors specialized in foreigners will be happy to analyze your situation in a personalized way in order to finally obtain the requested visa.

Do you want more information? CONTACT US through the application form

Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu

RESIDENCE AUTHORIZATION FOR RESEARCHERS

15 de December de 2021

by Editor with No Comment International Spain

THE RESIDENCE AUTHORIZATION FOR RESEARCHERS IS A PERMIT THAT CAN BE APPLIED FOR BY PRIVATE OR PUBLIC COMPANIES WISHING TO HIRE FOREIGNERS FROM OUTSIDE THE EUROPEAN UNION TO CARRY OUT TRAINING OR R&D&I ACTIVITIES IN SPAIN.

At the time of application, the foreigner may be abroad or in Spain legally. If the foreigner is abroad, once the company has obtained the residence authorization, he/she must apply for the corresponding visa at the Spanish Consulate.

Therefore, a foreign researcher whose only or main purpose in Spain is to carry out research projects, within the framework of a hosting agreement signed with a research organization, will be considered to have temporary residence and work for research purposes.

A research organization shall be understood to be any natural or legal person, public or private, with a main or secondary establishment in Spain, which carries out research and technological development activities and has been authorized to sign hosting agreements.

This type of temporary residence and work authorization enables foreigners residing outside Spain who have obtained the corresponding research visa to carry out a research project within the framework of a hosting agreement signed with a research organization that has been authorized for this purpose.

It will not be necessary to obtain a research visa in cases of exercise of the right to mobility by a foreign researcher after having commenced research in another Member State of the European Union. Therefore, any foreign researcher who has been admitted as such in a Member State of the European Union may continue, in Spain, the development of the initial research project there, for a period of up to three months.

What are the advantages of the residence permit for researchers?

The advantages of the residence permit for researchers are as follows:

Single authorisation to reside and work valid for the whole national territory, including family members if they meet the age foreseen in the labour regulations.
The National Employment Situation does not apply.
Freedom of movement within the Schengen states.
Fast processing: visas resolved and notified in 10 working days and residence authorisations resolved in 20 days, possibility of carrying out the procedures through a representative.
Joint processing for family members.
The application for the residence permit will extend the validity of the foreigner’s residence or stay in Spain until the procedure is resolved.
Procedure for residence authorisation centralised in the Large Companies and Strategic Groups Unit.

What are the requirements for the residence permit for researchers?

The requirements for obtaining the residence autorization for researchers are as follows:

Not to be in Spanish territory illegally.
Be over 18 years of age.
Not have a criminal record in Spain or in the countries where they have resided during the last five years, for offences under Spanish law.
Not to be refused entry in the territorial space of countries with which Spain has signed an agreement to this effect.
Have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.
Have sufficient financial resources for themselves and their family members during their period of residence in Spain.
Pay the fee for processing the authorisation or visa.
Private or public companies wishing to hire foreigners from outside the EU to carry out training or R&D&I activities in Spain may apply for a residence permit for researchers in the following cases:

Research personnel referred to in Article 13 and the first additional provision of Law 14/2011, of 1 June, on Science, Technology and Innovation.
Scientific and technical personnel carrying out scientific research, development and technological innovation work in business entities or R&D&I centres established in Spain.
Researchers hosted within the framework of an agreement by public or private research bodies, under the conditions established by regulations.
Lecturers hired by universities, higher education and research bodies or centres, or business schools established in Spain, in accordance with the criteria established by regulations.

Can the authorization be renewed?

Yes, for annual periods if the requirements for the initial concession are accredited, except for the visa requirement. The application period shall be 60 calendar days prior to expiry (and may also be accepted in the 90 days following expiry, without prejudice to the imposition of the corresponding fine).

Who must apply?

The university, business entity, R&D&I centre or research organisation or a duly accredited representative of such entities, such as Feliu N&I.

If you would like more information on how to obtain a residence permit for researchers, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US via the application form

Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu

ETIAS, ALL YOU NEED TO KNOW ABOUT THE EUROPEAN TRAVEL INFORMATION AND AUTHORISATION SYSTEM

9 de December de 2021

by Editor with No Comment Uncategorized

THE VISA WAIVER PROGRAMME APPROVED BY THE EUROPEAN PARLIAMENT IN 2016 SEEMS TO BE TAKING SHAPE. ITS INTRODUCTION DATE HAS RECENTLY BEEN APPROVED BY THE EUROPEAN COMMISSION.

The main objective behind the approval of this programme was, among others, the improvement of European border security. Thus, the ETIAS authorisation will allow for the pre-screening of travellers from 60 countries that are currently exempt from a visa to enter the Schengen Area.

ETIAS was scheduled to be fully operational in 5 years, however, official European Commission sources confirm that the mandatory registration for travel authorisation will be delayed by another year.

In today’s blog post we will detail what the implications of the new European travel authorisation system are and what you need to consider from now on if you are a national of one of the countries involved.

What is ETIAS?

ETIAS is a travel authorisation system created by the European Union for those citizens who are currently exempt from applying for a visa to travel within the Schengen area.

This authorisation shall be a compulsory requirement for entry into Europe for tourists of eligible nationalities wishing to visit one of these countries for a stay of less than 90 days. The purpose of the visit shall be exclusively tourism and business.

Therefore, in order to reside in Europe, e.g. for work or long-term studies, a Schengen visa will still be required.

When will ETIAS become mandatory for travel to Europe?

The EU Commission foresees that the ETIAS system will not be operational until the end of 2022. Thus, it is most likely that mandatory registration for visa waiver will not come into force until 6 months later, with an optional application for the first 6 months.

However, the obligation that will fall on the Schengen countries will be to inform visa exempt travellers crossing the borders of the obligation to obtain ETIAS authorisation in the immediate future. Therefore, an information leaflet on the mandatory ETIAS registration will be handed out to travellers at border control points.

Periodo de gracia

It is also envisaged that after the end of the first 6 months of ETIAS implementation, an additional grace period of 6 months will come into play. Thus, the authorities will allow visa-exempt travellers to cross the external borders of the Schengen territory without an ETIAS. Note, however, that for this period to apply they must be crossing the border for the first time since the end of the first grace period.

It would be logical to adopt this measure which would allow travellers and border guards to comply with the new ETIAS requirements.

How will ETIAS work?

It should be noted that ETIAS will not be a visa, but an electronic authorisation in addition to the mandatory travel requirements for visa-free third countries.

This travel permit will be processed entirely online. To obtain it, the traveller must, in addition to having a valid passport, e-mail account and credit/debit card, fill in an electronic form on the website set up for this purpose, without having to go to any embassy or consulate.

In this electronic form, the applicant must indicate, on the one hand, personal data such as full name, date and place of birth, address, passport details, etc. and, on the other hand, must answer a series of questions on security and health, such as: criminal record, employment history, information on previous trips to Europe, etc. etc.

This information will be shared with major European and international databases, including Interpol and Europol.

Which countries will have to apply for ETIAS?

There are currently more than 60 countries eligible for the ETIAS European travel authorisation application. It should be noted that the European Union has an extensive list of countries whose citizens do not need a Schengen visa to visit countries, which means that they will be able to benefit from ETIAS in the near future.

In Latin America, as of today, the eligible countries would be: Argentina, Brazil, Chile, Colombia, Costa Rica, Dominica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Trinidad and Tobago, Uruguay and Venezuela.

Outside Latin America, they would also be citizens of: Canada, South Korea, the United States, Israel, the United Kingdom, Japan, Ukraine and the United States, among others.

Countries that do not appear on the final list of ETIAS-eligible countries must obtain a Schengen visa to travel both to Spain and to any country in the territory of free movement.

ETIAS will undoubtedly bring about a major change in travel to the European Union from third countries; once this system is fully operational, European authorities will be able to determine more effectively and efficiently whether or not a citizen is eligible to enter Schengen territory. The end result will undoubtedly be better control at external borders as well as enhanced travel security.

If you still have any doubts about this, Feliu has a team specialised in GlobalMobility; leave us your details and they will contact you to clarify any doubts you may have about the ETIAS authorisation and its processing.

GREEN PASS: NEW ENTRY REQUIREMENT FOR ISRAEL

12 de November de 2021

by Editor with No Comment Israel

ARE YOU THINKING OF TRAVELLING TO ISRAEL? AS OF 1 NOVEMBER, ISRAEL HAS A NEW REQUIREMENT FOR ENTRY INTO THE COUNTRY: OBTAINING A GREEN PASS.

Since 1 November, the Israeli authorities have allowed foreign nationals to enter Israel, provided they meet a strict set of requirements, including, most importantly, a green pass.

Failure to comply with any of the requirements for entry into Israel, in the opinion of the border authorities, will prevent entry into Israeli territory and the requirement to return to your country of origin, without being able to leave the airport facilities.

Today’s blog post will be dedicated to the new requirement for travelling to Israel: obtaining a green pass.

What is the Green Pass imposed by the Israeli Ministry of Health?

In accordance with the new regulations that come into force on 1 November 2021, foreigners who are vaccinated and who have not been in a red country in the last 14 days, and who have a vaccination certificate of the vaccines recognised by the World Health Organisation (WHO), are allowed to enter the country.

In order to prove their status as a foreigner vaccinated with the vaccines accepted by the WHO, passengers must complete the Entry Declaration prior to travel (and no more than 24 hours before boarding) in order to obtain the Green Pass.

Once all the information has been included in the Entry Declaration, the Israeli Ministry of Health will send an email granting or denying the Green Pass, depending on the information provided.

Who is eligible for the Green Pass and how long is it valid?

The following are the measures to be taken into account in order to obtain the Green Pass:

Vaccinated persons

Those who have received two or three doses one week after the day of the last vaccination.

***Those who have received only one dose are not eligible, even if they test positive in a serological test after vaccination.

Recovered persons

Holders of a certificate of recovery with a positive PCR test result.

Persons with a positive serological test

Those who have recovered and subsequently tested positive in a serological test, have never been vaccinated before the test and after the test received at least one dose of vaccine are eligible until 31.12.2022.

If the application for the Declaration of Entry is successful, the person will receive the green pass by email from the Israeli Ministry of Health. This must be presented when boarding a flight to Israel and when entering the airport border control.

If the application for the Entry Declaration is denied, the person will not receive the green pass, and therefore the applicant or his/her employer must submit an application for a special entry permit prior to travel. The special entry permit must be presented when boarding a flight to Israel and when entering the airport border control.

In addition, the special permit will require you to comply with health regulations that may include full quarantine measures upon entry.

These requirements are in addition to the obligation to undergo a PCR test, up to 72 hours before the flight to Israel, and upon arrival in Israel, at the airport.

What measures will you encounter on your arrival in Israel?

The Israeli Ministry of Interior has stated that upon entry of foreign nationals to Israel, a thorough check is expected to ensure that vaccination certificates are authentic. Therefore, it is recommended to have the green pass and the vaccination certificate at hand upon landing. According to the Ministry, in case an Entry Declaration form is found to be inaccurate, entry will be denied.

Also, upon arrival in Israel, additional questioning by the border control is expected, in order to avoid the double intention of visitors entering as tourists or travelling on business with the intention of working. It is therefore recommended to check the type of visa required of each person travelling to Israel before travelling. As stated by the Ministry, the presumption of work will normally include one of the following activities: practical work, practical training, counselling, installation of machines, maintenance of equipment, supervision of a job, visit to restricted work areas (manufacturing or construction areas). In addition, it has been reported that the Ministry of Interior will intensify its inspections of workplaces to ensure compliance with labour and immigration regulations on the employment of foreign nationals.

If you would like more information about the restriction measures imposed by the Israeli Ministry of Health and the safest way to travel and obtain your green pass, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US

Expatriation and Impatriation Area

Author: Sheila Artigas, lawyer at Expatfeliu

RESTRICTIONS FOR UNITED STATES AND COVID-19: LIFTING OF ENTRY MEASURES FOR BANNED COUNTRIES

5 de November de 2021

by Editor with No Comment USA

THE CLEAR IMPROVEMENT IN EPIDEMIOLOGICAL DATA HAS LED TO A RELAXATION OF ENTRY MEASURES FOR MANY COUNTRIES. THE MOST NOTABLE OF THESE IS UNDOUBTEDLY THE OPENING OF BORDERS AND THE CHANGE IN RESTRICTIONS FOR THE UNITED STATES.

On October 25, the United States Government issued a new Presidential Proclamation rescinding existing U.S. travel restrictions stemming from the COVID-19 pandemic, finally ending travel limitations under Presidential Proclamations (PP) 9984, 9992, 10143 and 10199.

In today’s blog post we will detail what are the new measures adopted by the United States and what we should take into account from now on to move to this country.

You can find more details regarding President Biden’s COVID-19 Action Plan at the following link: https://www.whitehouse.gov/es/plandelcovid/

What restrictions for the United States currently affect entry into the country?

Since the beginning of the pandemic (and to this day) there has been a ban on entry into the United States of foreigners who have been in any country of the Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, SPAIN, Sweden and Switzerland) in the previous 14 days.

The same restriction affected travelers who had been to China, Iran, United Kingdom, Ireland, Brazil and South Africa.

However, the same proclamation included a series of exemptions for which a National Interest Exception could be requested, an authorization that was requested from the U.S. Embassy in Madrid and which was granted for those cases in which the applicant was traveling for the performance of an essential, urgent, necessary and non-extendable service that, if not provided, would cause serious economic damage to the U.S. market.

In addition to the urgent and non-extendable nature of the assignment, the service for which the worker was traveling had to fall within one of the 16 critical infrastructure sectors identified by CISA (https://www.cisa.gov/critical-infrastructure-sectors), such as healthcare, food or commercial infrastructure.

It should be noted that regardless of the origin of the passengers wishing to enter the United States, they were also required to travel with a negative PCR test performed no more than 72 hours before the flight.

Open borders: at what point do restrictions end for the United States?

The new regulations are clear in this regard, the cancellation of the existing measures and the entry into force of the new ones will take place as of November 8, 2021 at 12:01 AM EST.

Thus, it is very important to note that any entry into the United States prior to this date will continue to be governed by the COVID19 restrictions imposed until now; therefore, if traveling from any of the Schengen area countries, a National Interest Exception will continue to be required to enter the country.

What are the new U.S. restrictions applicable?

Faced with this “new normal”, the U.S. Government has opted to replace the existing limitations with the requirement of vaccination against COVID19 for all foreigners wishing to enter the United States by air.

Thus, as of November 8, all non-immigrant travelers and non-citizens of the United States traveling to the country by air must comply with the guidelines established by the Centers for Disease Control and Prevention (better known by the American acronym CDC); The CDC has decreed that: all foreign travelers must have a complete vaccination schedule, providing as proof of this valid vaccination certificate before boarding the plane.

In addition to the vaccination certificate, they must show a negative COVID19 test performed no more than 3 days before departure, being valid both PCR and antigen test.

Are all vaccinations valid?

As for the vaccines accepted by the government with respect to the restrictions for the United States, not all of them are valid at the moment. Among those accepted are: Pfizer, Moderna, Johnson & Jhonson and AztraZeneca, all of which are also approved by the WHO and used for vaccinations in all European Union countries.

Are there any exceptions to mandatory vaccination?

Although few in number, the Presidential Proclamation provides for a number of circumstances in which any foreign person traveling to the United States may do so even if he or she does not have a complete vaccination regimen:

Those under 18 years of age
Those who by medical prescription cannot receive the vaccine.
Emergency travelers who do not have access to the vaccine in their countries of origin; in this sense, the CDC has established a list of those countries where access to the vaccine is considered limited/restricted. It is worth mentioning that no country of the European Union is included in this list.

If you still have any doubts, please leave us your details and our team specialized in internationalization will contact you to give you more information about the restrictions on entering the United States applicable to each specific case.

Expatriation and Impatriation Area

Author: Melissa Kuhlmann, Lawer at Expatfeliu

NEW DIRECTIVE IN SPAIN ON THE POSTED WORKERS IN THE FRAMEWORK OF THE PROVISION OF TRANSNATIONAL SERVICES

26 de October de 2021

by Editor with No Comment Spain

LAST APRIL, THE EUROPEAN PARLIAMENT AND THE COUNCIL, CARRIED OUT AMENDMENTS TO DIRECTIVE (EU) 2018/957 OF 28 JUNE 2018 ON POSTED WORKERS IN THE FRAMEWORK OF THE PROVISION OF TRANSNATIONAL SERVICES.

Royal Decree-Law 7/2021, of April 27 (published in the Official State Gazette on April 28, 2021), contains the amendments derived from the transposition of the aforementioned Directive on posted workers in the framework of the provision of transnational services.

In this blog post, we will outline the amendments contained in Royal Decree-Law 7/2021 of 27 April 2021 on posted workers in the framework of the provision of transnational services.

Royal Decree Law 7/2021 of 27 April 2021

Royal Decree 7/2021 of 27 April contains amendments resulting from the transposition of Directive (EU) 2018/957 of the Parliament and of the Council of 28 June 2018. This Royal Decree modify the Directive 96/71/CE on posting of workers carried out in the framework of a transnational provision of services.

The Directive (UE) 2018/675 modify some aspects to the Directive 96/71/CE, with the objective of guaranties the rights of posted workers in the context of the freedom to provide services established by the founding principals of the European Union.

The explanatory memorandum states that, in Spain, this Directive has been partially transposed by Law 45/1999 of 29 November 1999, in terms of to the application to posted workers off all constructive elements of the compulsory remuneration and the basic workers conditions laid down in the sectoral collective agreements.

What amendments does the Royal Decree-Law introduce?

In order to complete the aforementioned transposition, this new Royal Decree-Law introduces the following new features:

Application of the concept of posted workers

In this sense, the concept of “posted worker” explicitly includes the worker of a temporary employment agency placed at the disposal of a user company established or carrying out its activity in the same or a different state than the temporary employment agency, and sent to Spain, when:

The user company has signed a provision of services contract with a Spanish company
In the case of a company belonging to the user company’s group or the user company’s place of business in Spain

Application of minimum conditions

Application of the minimums established in Spanish legislation regarding accommodation conditions, when provided by the employer.
Subsistence allowance or reimbursement to cover travel, accommodation and subsistence expenses, when during the period of posting in Spain they have to travel to another place outside their usual place of residence in Spain

Duration of the journey

Postings longer than 12 months: application of Spanish law, except for labour procedures, formalities and conditions for the conclusion and termination of the employment contract, including non-competition clauses and supplementary pension schemes.
Substitution of posted workers doing the same work at the same place: the cumulative duration of their postings will count towards the 12 months indicated.

Minimum amount of salary: travel allowance

With regard to the travel allowance, the nature of the travel allowance must be expressly stated in the respective travel letter.

If not expressly stated, they shall be considered as reimbursement of expenses.

Communication of the displacement

Temporary employment agencies (ETT) are obliged to submit the posting notification when it is a foreign user company that sends the worker.

The company using the services provided by the posted worker must also be specified in the notification.

Cooperation between administrations

Cooperation is extended to transnational cases of undeclared work and bogus self-employment related to the movement of persons.

When did the amendments set out above enter into force?

The entry into force took place on 29 April 2021. However, they will be applicable to workers who are posted to Spain after the entry into force of Royal Decree-Law 7/2021 of 27 April (29 April 2021).

On the other hand, for workers who were already posted in Spain at the time of its entry into force, this maximum period will apply six months after its entry into force (29 October), with the calculation of the maximum period of posting commencing on the date on which the posting took place.

If you would like more information about the new regulations applied in Spain on the posting of workers, Expatfeliu can help you to solve all your doubts!

You can leave us your contact details in our request form or, if you wish, you can send us an email to comunicación@feliu.biz and our advisors specialized in foreigners will contact you as soon as possible.

#spain #royaldecreelaw #transposition #postedworkers #feliuworldwile #expatfeliu

Expatriation and Impatriation Area

Author: Sheila Artigas, Lawer at Expatfeliu