27 August 2020
Global immigration rules are changing by the day, both in response to the ongoing COVID-19 pandemic and as a result of legislative updates across the globe.
Smith Stone Walters is here to help businesses and individuals keep on top of these developments and identify any changes that may impact your immigration goals. With this in mind, we would like to highlight the following key updates in global immigration.
USA: Form I-9 physical presence requirement continues to be waived
Following our earlier article, the Department of Homeland Security, Immigration and Customs Enforcement (ICE) has continued their stance in temporarily waiving the physical presence requirements for the Employment Eligibility Verification (Form I-9).
ICE originally extended this policy in May 2020, and then again in June and July. The policy was originally invoked in March and the most recent extension on 19 August sees it continue until 19 September 2020.
Further detail concerning this policy can be found in our original article here, but a strong reminder to employers is that it only applies to those who have implemented remote work for all staff.
Ireland: Immigration permissions automatically renewed (again)
The government has continued with the automatic renewal of all immigration permissions. This now applies to those with permissions expiring between 20 August and 20 September, including those with short stay visas and those who had previously received a renewal under the same provision in previous months. Again, renewals will be for a period of one month.
This is intended to be the final renewal offered, but this is of course dependant on the prevailing circumstances next month.
In the meantime, employers and individuals alike should keep abreast of any further changes and be prepared to take other options should a further automatic renewal not follow.
France: Revised Posted Worker Directive implemented
A posted worker is a worker who, for a limited period, carries out their work in the territory of an EU Member State other than the State in which he normally works. France has now implemented a revised Directive on posted workers that employers should be aware of.
The new rules mean that a posted worker can now only remain under the main French labour laws, while still applying some home country laws for a period of 12 months. Thereafter, the full French labour laws apply unless the posted worker’s employer has obtained an extension, which may be up to six months in duration.
The main rules cover the following areas:
- Equal remuneration
- Occupational health and safety
- Accommodation and allowances / reimbursements
Penalties for failure to comply are severe, therefore employers should ensure that all employees falling under this Directive are doing so in the correct manner. For further information, please consult an SSW immigration advisor.
Let us help you reach your global immigration goals
At Smith Stone Walters, moving people across borders is our business. Our team of immigration experts manage and support immigration moves throughout the UK, Europe and the rest of the world.
If you need advice or support in reaching your business’s global immigration goals, Smith Stone Walters would be delighted to help. Contact us today to discuss your requirements – we are immigration experts.