Tuesday, 24 March 2015

Visa granted for Newmarket man fighting deportation threat

Matthew and Brian Crane
Matthew and Brian Crane

A family has received some relief in its battle with the Home Office after a father was granted the right to stay in the UK until 2017.
Brian Crane, of Newmarket, was told a month ago that he would not be granted a visa for the UK and would be deported to Pennsylvania after he overstayed his time in the country.
The 53-year-old American, who lives with his wife Lorna, who is a British citizen, and his son, Matthew, had twice applied for a leave to remain visa for the UK.
But twice he was told he would not qualify because he had “accidentally overstayed” from 2012 until 2014.

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After a battle with the Home Office and calling on local MP Matthew Hancock for help, last week, the family received some good news when Mr Crane received a visa through the post.
He told the News: “They have granted me a leave to remain visa.
“It is only valid until August 2017 and I will then have to submit more paper work, but until then the pressure is off.
“I was surprised because we got some of the same responses as last time saying I did not qualify.
“Then in the final paragraph they finally said I was being granted leave to remain.”
The new visa means that Mr Crane is free to seek work again in the UK. He had been forced to leave his job in a civilian role at RAF Lakenheath when he found out his visa had expired.
“This visa allows me to work, I just do not have access to public funds such as the Citizens’ Advice Bureau or Job Seekers’ Allowance if where I was working was to go bust,” he said.
“At the moment I’m hoping to find something a little closer to home in Newmarket.”
In an update, Matthew Crane said: “We received a piece of good news through the post – a signature required letter containing a residence card for my father.
"Whilst this is great news, knowing that he is allowed to stay and work until close to the end of 2017, it leaves many unanswered questions which we will be chasing up."
Mr Crane is hoping to find out whether this visa will mean he has to start his length of stay in the UK all over again so that he can eventually become a permanent citizen.
Matthew also hit out at the latest visa conditions, which are similar to Mr Crane's previous visa conditions.
He added: "There is still one matter that boggles my mind.
"They are happy for him to work, pay tax and national insurance, but when it comes to public funds they have denied him.
"Maybe one day our immigration system will get the repairing it desperately needs."

Mumbai: Australia embassy clean bowls World Cup contest winner

Despite winning an all-paid-for trip to witness the ICC World Cup final at Melbourne on March 29, Jignesh Sanghrajka will watch the match from home. The Marine Lines resident and his travel partner brother won the tickets at an online contest but their visa applications were rejected citing insufficient funds as the reason.

Today, Jignesh Sanghrajka feels like somebody who won a jackpot, but misplaced the lottery ticket. Despite winning an all-paid-for trip to watch the ICC World Cup final in Melbourne on March 29, the 28-year-old might now be forced to watch the grand final from his couch at Mumbai.
Jignesh Sanghrajka
Out of the world (cup): Jignesh Sanghrajka (right) was all set to visit his sister in Adelaide and watch the ICC World Cup final at Melbourne with his brother Mehul Sanghrajka (left). Pic / Atul Kamble
Jignesh and his older brother Mehul’s visas were rejected by the Australian embassy on ‘financial grounds’ as per a communication to them which sunday mid-day has a copy of. The winner was Jignesh, who was to take Mehul along with him on the trip.
Jignesh Sanghrajka (left) with his elder brother Mehul at thier residence in Princess Street. pic/atul kamble
Jignesh Sanghrajka (left) with his elder brother Mehul at thier residence in Princess Street. Pic/Atul Kamble
Forty-one-year-old Mehul is an investment consultant and insurance agent living in Kandivli, while Jignesh lives at Princess Street (Marine Lines). Jignesh, who recently joined a start-up company, was the winner of the Emirates Facebook competition which took place last month.
The contest was open to all those above 18. All they had to do was answer a question on the airline’s official Facebook page. The competition closed on February 16, Dubai time. Jignesh had to predict the winner of the February 15 match between India and Pakistan. Jignesh predicted an India win, which is what happened at the Adelaide Oval.
The winner was entitled to two economy-class return tickets to Melbourne, match tickets for the World Cup final, three nights’ hotel accommodation on a twin-sharing basis at a five star hotel. The rough estimate of the package would cost around R3 to 4 lakh per person.
Jignesh would have travelled outside Mumbai for the first time to watch a cricket match. “I was really excited when I won this contest. It is a dream for any cricket fan to travel to watch the World Cup final. Melbourne Cricket Ground (the venue for the final) is such a historic ground. I was looking forward to visit the MCG museum. But I am shattered now. After coming so close to realising my dream, I have missed out due to visa issues,” a dejected Jignesh said.
“I am crazy about cricket and football. I follow every match on TV and whenever there are cricket matches in Mumbai, I catch them live at the stadium,” he added.
On February 24, Jignesh was informed on his Facebook page that he had won the prize. “I first thought I may have won some merchandise because I often participate in online contests. So, I sent whatever details they had asked for,” said Jignesh. A couple of days later, Jignesh received an email from the public relations firm of Emirates confirming him as the winner of the contest. “I was thrilled.
I experienced my life’s biggest joy. I immediately informed my family and friends. I could nominate another person to travel with me, so I decided to take along my brother. Once we received the tickets (EK 501 Mumbai-Dubai and EK 406 Dubai-Melbourne) and hotel booking confirmation, we applied for Australian visas (on March 13),” explained Jignesh.
Jignesh requested the airlines to book their return tickets from Adelaide instead of Melbourne as they wanted to visit their sister for a couple of days. “Our return journey was slated to be on April 2 from Adelaide,” he said.
Along with all the relevant documents for visa process, Jignesh also got a supporting letter from the International Cricket Council (ICC). So far so good. Then came the shock. On March 18, Jignesh and Mehul received a letter from R Choudhry (Visa Officer, Department of Immigration and Border Protection) which stated: “Regarding your financial circumstances, I note that your income as per the income tax documents is not significantly high and therefore, I am not satisfied if such an income/occupation would constitute an incentive for you to return. Considering this, I am not satisfied that a genuine visit is intended.”
Mehul was shocked by the Australian consulate’s reply. “I have been paying nearly R50,000 as income tax since the last few years. We attached our bank statements and showed a minimum of R1 lakh in our savings account while applying for the visas. I also attached a valuation report of our two houses in Mumbai. We would also be carrying 1000 Australian dollars despite this being a fully-paid trip.”
“We also produced a letter by my sister who is staying in Adelaide for many years now. It is really hard to believe that despite all this, the Australian consulate does not believe we are genuine travellers,” said a livid Mehul.
A spokesperson from the Australian High Commission in a statement on Sunday said: "We're looking into it and will contact the applicants to see what can be done."

Source: http://www.mid-day.com/articles/mumbai-australia-embassy-clean-bowls-world-cup-contest-winner/16081180

Deportation could ruin newlywed couple’s ‘fairy tale’ - Newlywed fights ouster of husband over ‘minor’ infraction

Omar Lopez hopes to avert deportation to Spain to stay here with his wife, Tali, and  Mila, her infant daughter.
Omar Lopez hopes to avert deportation to Spain to stay here with his wife, Tali, and Mila, her infant daughter.
Tali Lopez wants a happy ending to her “fairy tale” story.
But six months after marrying an old friend and settling in her native Buffalo, Lopez is fighting for her new husband.
Omar Lopez, a citizen of Spain visiting here on a visa waiver, was arrested after a traffic stop last month and has been held at the Federal Detention Center in Batavia ever since.
Lopez is battling her husband’s deportation – he could be forced to leave at any time – and plans to host a public rally at 10 a.m. Tuesday in Niagara Square to solicit support for him.
Friends and family say Lopez’s deportation is an overreaction to a relatively minor infraction. He overstayed his visa waiver by several months.
Even worse, they say, the government’s prosecution is tearing apart a family with deep roots in Buffalo. The family includes his infant stepdaughter, Mila, whom he plans to adopt, and dozens of relatives.
“He just wants to work and support his family,” said Julie Kruger, Lopez’s lawyer.
Kruger has appealed to U.S. Immigration and Customs Enforcement, the agency that detained Lopez, and hopes ICE will grant a stay that would allow him to remain in Buffalo.
Lopez’s case is the latest in a series of deportations across the country that immigration lawyers and other critics say indicates the Obama administration’s hypocritical approach.
The administration has publicly indicated it would focus deportation efforts on criminals and other high-risk detainees, not law-abiding visitors married to U.S. citizens.
If that’s the case, Kruger said, then why is Lopez still in custody?
“He is not an enforcement priority at all,” she said.
Lopez is here on a visa waiver program that allows visitors from certain countries to stay in the U.S. for 90 days. His deadline for leaving passed last May. He elected to stay and, according to his wife, had begun the process of applying for permanent resident status.
Tali Lopez says she and her husband met four years ago in Spain
She returned to the U.S. and he eventually followed. They decided to marry and live here.
Lopez says her husband also decided to seek permanent residency and hired an immigration consultant. It still took several months to complete the paperwork, she said, and before they could finish, he was pulled over for a traffic violation on Feb. 12.
Found to be driving without a license and in the country illegally, he was arrested and ordered detained in Batavia.
The final decision was made, not by an immigration judge, but by Michael T. Phillips, ICE’s field office director in Buffalo.
“As a visa overstay, his case is a priority under the agency’s current enforcement strategy, which focuses on individuals who have abused the visa or visa waiver programs,” said ICE spokesman Khaalid Walls.
Officials also noted that, under the visa waiver program, Lopez was subject to mandatory detention.
Tali Lopez says she has written two letters to Phillips since her husband was sent to Batavia, and he shows no signs of altering his decision.
Still, she holds out hope that something will change his mind. “I want him to consider that we are, one, a family, two-thirds of which is American,” she said of her herself and Mila. “We want, above all, to be together and to be in this country. It’s my country. I don’t want to have to leave it.”
Lopez says she and Mila will, if necessary, follow her husband back to Spain. She also says she feels like she’s the one being forced to leave.
“I don’t want to be deported,” she said. “I want to stay in the United States. I want to raise my family here.”

Source: http://www.buffalonews.com/city-region/buffalo/deportation-could-ruin-newlywed-couples-fairy-tale-20150323

At 56%, Indians record highest US work visa rejection: Report

BENGALURU: Despite the growing bonhomie with the United States, India suffered by far the highest number of L-1B visa denials between 2012 and 2014.

As high as 56% of the L-1B visa petitions by Indians was rejected, compared with an average denial rate of 13% for all countries other than India. The data was released by the Virginia-based National Foundation for American Policy (NFAP), a non-profit and non-partisan public policy research organization focused on trade, immigration and related issues. It's based on data obtained from the US Citizenship and Immigration Services (USCIS).
US visa
Despite the growing bonhomie with the United States, India suffered by far the highest number of L-1B visa denials between 2012 and 2014.

The data shows the denial rates for Chinese and Mexican nationals were less than half of India's - at 22% and 21%, respectively. British nationals followed at 16% and Japanese and German nationals at 15%.

L-1B visa is a non-immigrant visa enabling US employers to offer intra-company transfer of employees with specialized knowledge from one of its affiliated foreign offices to one of its offices in America. 'US employers' in this case also include Indian companies with US subsidiaries. The biggest users of L-1 visas are Indian IT companies like TCS, Infosys and Wipro. Transferred employees can stay in the US for up to five years.

The total number of L-1B petitions filed by employees of Indian origin was 25,296 during 2012-14, while the number of denials was 14,104, a 56% denial rate.

"The data is shocking and needs to be taken up immediately at the government level. Unlike the H-1B visa, L-1 visas do not have a yearly limit. Given that India is globally known for its specialized knowledge pool, the US government should provide the reasons for such a high number of rejections from India, while streamlining and providing clear guidance on the application process," said Vikram Shroff, head of the HR Law practice at leading law firm Nishith Desai Associates.

Rejection rates have increased sharply since the 2007-08 global financial crisis and the resulting high unemployment rates in the US. For all countries, the average rejection rate was under 10% before 2008, but now stands at 35%. The Indian rejection rate has contributed significantly to this increase. What's surprising is that the rejection rates are rising even with the unemployment rate in the US dropping sharply.

NFAP says the high rate of denials and requests for evidence (made when an application/petition lacks required documentation/evidence) for L-1B petitions could have a negative impact on the US's ability to develop products and services that compete globally. "Over the past several years, the law governing L-1B petitions did not change, while the economy has become more global," said Blake Chisam, former chief counsel of the House Ethics Committee and a partner at law firm Fragomen.

In early 2012, the US Citizenship and Immigration Services (USCIS) officials had proposed new guidelines to review and update the definition for L-1B petitions. "The new proposed guidance never materialized and, based on reports from employers and attorneys, inconsistent decision-making, as well as high levels of denials and requests for evidence have continued," the report said.

Rakesh Prabhu, partner-immigration practice at ALMT Legal, feels that US authorities are trying to do a "balancing act" - trying to protect the interests of the American workforce but also providing some concession to foreign workers, such as the recent move to give work permits to their spouses. 

Source: http://timesofindia.indiatimes.com/india/At-56-Indians-record-highest-US-work-visa-rejection-Report/articleshow/46640791.cms

New U.K. Student Visa Charges for Indians: What to Know

Bikes are chained to the railings in front of the Radcliffe Camera building on March 22, 2012 in Oxford University.
Oli Scarff/Getty Images


Indians studying in the United Kingdom will now have to pay a fee to cover possible treatment under the country’s National Health Service. The payment, announced Friday, is part of a broader push to recoup some of the cost to the British taxpayer of migrant healthcare.
Indian and other migrants from outside the European Economic Area who stay in the U.K. for more than six months will have to pay £200 ($295) a year when they apply for a visa starting April 6. Students will have to pay £150. Those already in the U.K. from outside the EEA will also have to pay the new surcharge if they extend their stay.
India is the largest exporter of students to the U.K. after China and had 19,750 of its citizens enrolled there in higher education in the academic year 2013-14, according to the Higher Education Statistics Agency. But numbers have fallen sharply in recent years as visa rules have changed to make it more difficult for Indian students to work in the U.K. In 2009-10 for example, India had 38,500 students studying in U.K. universities, Hesa said.

Source: http://blogs.wsj.com/indiarealtime/2015/03/20/new-u-k-student-visa-charges-for-indians-what-to-know/

Changes to 457 visas announced

Tony Davey , CEO of The Davey Group, with Guilong Li, his leading hand boilermaker, surro
Tony Davey , CEO of The Davey Group, with Guilong Li, his leading hand boilermaker, surrounded by his other foreign workers who work under a 457 visa. Source: News Corp Australia

EMPLOYERS will still have to advertise jobs locally before hiring skilled workers from overseas.
The federal government has adopted most of the recommendations from a review of the 457 visa scheme including relaxing English language requirements.
According to a report in The Australian, integrity checks will be strengthened including an increased focus on employers who seek to exploit the program.
Assistant Immigration minister Michaelia Cash said there will be penalties imposed on businesses that accept payments in exchange for sponsoring visa holders.
“We will proactively prosecute and name and shame offenders exploiting overseas workers and misusing the program,” she told News Corp.

Source: http://www.news.com.au/finance/work/changes-to-457-visas-announced/story-fnkgbb6w-1227267575963

Egypt scraps visas on arrival for British travellers

Holidays to Egypt for independent travellers will be more difficult when visas on arrival are scrapped
Thousands of Britons visiting Egypt will soon face the hassle of negotiating embassy bureaucracy, after authorities in the country announced the withdrawal of visas on arrival for those travelling outside an organised tour.
Under new rules, to be introduced from May 15 and laid out in a statement by the tourism ministry, "individual" travellers will have to pre-arrange their entry visa either by visiting the Egyptian Consulate in London or by making a postal application, which can take up to five days to process.
Full details of the new system – which may make a revival of Egypt's beleaguered tourism industry a more difficult proposition – have not yet been announced. It appears likely that the phrase "individual" traveller refers to all those visiting the country independently, rather than as part of a package tour. The cost is also to be established, but a tourist visa for British nationals applying in London is currently £20.
The Egyptian Consulate says that visa processing takes two working days for those who apply in person, and up to five for applications submitted by post.
The change will make travel more problematic for many. Independent travellers account for about 15-20 per cent of Egypt's tourists.
EasyJet had 393,000 seats available to the Egyptian cities of Hurghada and Sharm el-Sheikh in 2014, indicating the country's popularity with those making their own arrangements. The Red Sea resorts are attractive destinations for Britons seeking winter sun, and divers enticed by the rich underwater life in the region. The airline said that it is currently working with the Egyptian and British authorities to understand the scope of the proposed visa changes.
 
Divers are attracted to Egypt's Red Sea resorts for the colourful underwater. Photo: AP
The tighter entry restrictions are reportedly the result of security services needing more time to assess individual applications to visit Egypt, where civil unrest and political instability has been commonplace during the last four years. Security sources said that the changes were also intended to monitor visits by Western human rights advocates, who have criticised the Egyptian government’s harsh treatment of liberal activists.
Read more: Ancient Egyptian burial site may contain one million bodies
The tourism ministry believes that the decision will only have a “small effect” on the industry, still a significant contributor to the Egyptian economy despite the slump that has affected it since the ousting of former President Hosni Mubarak in 2011.
Visitor numbers fell dramatically from 14.7 million in 2010 to around 10 million last year.
"The industry depends on the large groups brought in by tour operators”, a tourism ministry spokesperson said.
Khaled Ramy, Egypt’s new tourism minister, said last week that the country hopes to generate $20 billion in revenue from tourism by 2020 by attracting a total of 20 million visitors.
 
Egypt's attractions have been emptier than in the past because of fears over political instability. Photo: AP
But the new regulations appear to counter Egypt’s intention to improve its image, and may make reviving the tourism sector more difficult.
Anthony Sattin, a Telegraph Travel contributor and expert on Egypt, said that independent tourists may well find the process of obtaining a visa longer. "I doubt Egyptian consulates are ready for the influx", he said, adding that, "it will certainly do nothing to attract the extra 10 million annual visitors that the new minister of tourism is currently chasing." He also pointed out that visas obtained in London are more expensive than those tourists can currently obtain on arrival, which cost USD$25 (£17).
A spokesperson for the Egyptian tourist office in London said that they had no information on the changes and were waiting for the official position from Cairo, expected early next week.
Read more: how well do you know Ancient Egypt?
While most Britons will currently make use of the visa on arrival system, applying for an Egyptian visa in advance is possible. It involves negotiating short opening hours and submitting a raft of documents. Potential visitors must provide two recent passport photographs along with the £20 fee, passport and a completed application form. Applicants only have a three-hour window on weekday mornings to submit their paperwork, and a 90-minute afternoon slot for collecting successfully processed visas. Those who apply in person must come back to collect their visa in person, as the Consulate will not send passports in the post.
Discover our great range of Egypt holidays and hotels with the Telegraph Travel Collection, including once in a lifetime trips along the river Nile.

Source: http://www.telegraph.co.uk/travel/destinations/africaandindianocean/egypt/11479913/Egypt-scraps-visas-on-arrival-for-British-travellers.html 

Call for overseas graduate work visa for Scotland

Graduates
Students from outside Europe should be given special permission to stay and work in Scotland after their studies have finished, according to a report.


The Scottish government's Post-Study Work group said the work visa, which was abolished by the UK government in 2012, should be reintroduced.
A Home Office spokesman said the system had been open to "widespread abuse".
But the Post-Study Work group said there was "overwhelming" support for its re-introduction in Scotland.
The post-study work visa had allowed non-EU graduates to remain in the UK for two years.
Under the current rules, students from outside the EU are allowed to stay in Britain for four months at the end of their courses and if they get graduate jobs they can switch from student visas to work visas.

Graduate jobs

In December, Home Secretary Theresa May gave her backing to a plan that would require all foreign students to leave the country at the end of their courses.
Mrs May believes the current rules are being abused, with many students staying in the country illegally after their studies.
The plan put forward by the Conservatives would require anyone whose student visa expires to leave the country and re-apply if they want to continue their studies or take up graduate jobs.
But Scottish Europe and International Development Minister Humza Yousaf said the Post-Study Work group report showed there was a "clear indication that business and education in Scotland are equally keen to see the reintroduction of post-study work visas."
He added: "Immigration policy is currently too heavily influenced by the priorities of the south east of England, based on the values of the current UK government and driven by a desire to reduce the numbers of incoming migrants which does not recognise Scotland's needs and does not serve our economic or societal interests.
"Scotland's needs are different to those in the rest of the UK. Scotland has a large, established migrant community and the Scottish government welcomes the contribution new Scots are making to our economy and society."

Negative impact

Mr Yousaf said the post-study work visa would help Scotland attract and retain "world-class talent to fill vacancies which cannot be filled by resident workers".
He said the report made clear the negative impact on education institutions, communities and the economy since the scheme was closed in 2012.
The minister said: "We welcome the Smith Commission's view that the UK and Scottish governments should work together to explore a potential new post-study work scheme for Scotland and will make every effort to work with the UK government to ensure that such a route is re-established in Scotland."
A Home Office spokesman said: "The student immigration system we inherited was open to widespread abuse.
"In its place, we are building an immigration system that works in the national interest by attracting the brightest and the best to study and work in top universities and good jobs, not allowing bogus colleges to cheat the rules and letting graduates remain to drive pizza delivery vehicles.
"In fact, we are seeing record numbers of applications to our universities with figures up by almost 18% under this government - and our elite Russell Group institutions are leading the way, showing a 30% rise since this government came to power.
"Britain remains the second most popular destination in the world for international students behind only the US, and has seen significant growth from key countries including China and Malaysia."

Source: http://www.bbc.com/news/uk-scotland-scotland-politics-31998769
While the government recently said it would waive visa requirements for 30 countries starting in April, legal issues may delay its implementation as an Indonesian law stipulates that visa exemptions could only be made on a reciprocal basis.

Tourism Ministry’s spokesperson Vincent Jemadu said that the ministry would propose the elimination of the “reciprocity basis” clause, which could hamper implementation of the visa-free privilege for the 30 countries.

The Immigration Law No. 6/2011 stipulates that the only foreigners who are allowed to enter Indonesia without visas are citizens of countries that similarly don’t require Indonesians to get tourist visas.

“In order to effectively implement the visa-free policy we do need to revise this law; otherwise we have to conduct a painstaking process of negotiation for reciprocity,” Vincent said.

“We are planning to propose this [revision] to the Law and Human Rights Ministry to support the government’s plan to boost the country’s foreign exchange income from the tourism industry,” he continued.

Through the visa-free policy, the government aims to attract an additional 3 million tourists this year, bringing the overall target up to 11 million tourists.

Malaysia, which waives visa requirements for 164 countries without any reciprocity basis, welcomed more than 27 million foreign tourist last year.

As reported, the government would extend the visa-free policy, which was initially set for China, Japan, South Korea and Russia only, to 30 countries, including Canada, Mexico and the US.

Also included on the list are European countries such as Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Spain, Sweden, Switzerland and the UK, in addition to South Africa and Middle Eastern countries such as Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates (UAE).

Currently, tourists from these countries are still required to pay a US$35 fee for a visa-on-arrival for a 30-day stay in Indonesia.

Law and Human Rights Minister Yasonna H. Laoly earlier said that the government would keep pushing the aforementioned countries to also adopt the visa-free policy for the sake of reciprocity.

Pushing for reciprocity, however, will be a daunting task for the government.

French Embassy press officer Gaspard Vignal said that Indonesia’s planned visa-free policy would possibly attract more tourists from France to Indonesia. “France is enthusiastic about this project; more French will be able to come and visit Indonesia. For the reciprocity, however, France is under the Schengen rule for visas. The country is not the only one to decide,” he said.

Separately, Adam Rutland, the head of media and communications at the British Embassy, said that the UK visa requirement was given a regular review and there was no plan to change the visa requirement yet.

Law and Human Rights Ministry’s acting director general for immigration Tengku Syahrizal said that the ministry was still waiting for an official direction regarding the implementation of the visa-free policy, which was planned to come into effect in April.

“Based on the law, it should be implemented on a reciprocal basis, but the government has decided to waive visa requirements, even though it is not in accordance to our law,” Tengku said. “There are no specific instructions for us yet.” - See more at: http://www.thejakartapost.com/news/2015/03/23/free-visas-30-nations-violates-law-may-not-fly.html#sthash.0laRtIy5.dpuf
While the government recently said it would waive visa requirements for 30 countries starting in April, legal issues may delay its implementation as an Indonesian law stipulates that visa exemptions could only be made on a reciprocal basis.

Tourism Ministry’s spokesperson Vincent Jemadu said that the ministry would propose the elimination of the “reciprocity basis” clause, which could hamper implementation of the visa-free privilege for the 30 countries.

The Immigration Law No. 6/2011 stipulates that the only foreigners who are allowed to enter Indonesia without visas are citizens of countries that similarly don’t require Indonesians to get tourist visas.

“In order to effectively implement the visa-free policy we do need to revise this law; otherwise we have to conduct a painstaking process of negotiation for reciprocity,” Vincent said.

“We are planning to propose this [revision] to the Law and Human Rights Ministry to support the government’s plan to boost the country’s foreign exchange income from the tourism industry,” he continued.

Through the visa-free policy, the government aims to attract an additional 3 million tourists this year, bringing the overall target up to 11 million tourists.

Malaysia, which waives visa requirements for 164 countries without any reciprocity basis, welcomed more than 27 million foreign tourist last year.

As reported, the government would extend the visa-free policy, which was initially set for China, Japan, South Korea and Russia only, to 30 countries, including Canada, Mexico and the US.

Also included on the list are European countries such as Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Spain, Sweden, Switzerland and the UK, in addition to South Africa and Middle Eastern countries such as Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates (UAE).

Currently, tourists from these countries are still required to pay a US$35 fee for a visa-on-arrival for a 30-day stay in Indonesia.

Law and Human Rights Minister Yasonna H. Laoly earlier said that the government would keep pushing the aforementioned countries to also adopt the visa-free policy for the sake of reciprocity.

Pushing for reciprocity, however, will be a daunting task for the government.

French Embassy press officer Gaspard Vignal said that Indonesia’s planned visa-free policy would possibly attract more tourists from France to Indonesia. “France is enthusiastic about this project; more French will be able to come and visit Indonesia. For the reciprocity, however, France is under the Schengen rule for visas. The country is not the only one to decide,” he said.

Separately, Adam Rutland, the head of media and communications at the British Embassy, said that the UK visa requirement was given a regular review and there was no plan to change the visa requirement yet.

Law and Human Rights Ministry’s acting director general for immigration Tengku Syahrizal said that the ministry was still waiting for an official direction regarding the implementation of the visa-free policy, which was planned to come into effect in April.

“Based on the law, it should be implemented on a reciprocal basis, but the government has decided to waive visa requirements, even though it is not in accordance to our law,” Tengku said. “There are no specific instructions for us yet.” - See more at: http://www.thejakartapost.com/news/2015/03/23/free-visas-30-nations-violates-law-may-not-fly.html#sthash.0laRtIy5.dpuf

Boost for Indian IT workers as US L-1B visas now easier to get

WASHINGTON: US President Barack Obama today announced an easing of the process to obtain L-1B work visas for corporate executives, a move that could end the large scale harassment of IT professionals from India and make it easier for Indian companies to bring employees here.

Such a move, Obama argued would attract larger foreign direct investment to the US.

"I'm pleased to announce a new action I'm also taking to make it easier for global companies who are present here today to launch and invest in the US. My administration is going to reform the L-1B visa category, which allows corporations to temporarily move workers from a foreign office to a US office in a faster, simpler way.

"And this could benefit hundreds of thousands of non-immigrant workers and their employers, that in turn, will benefit our entire economy and spur additional investment," Obama said in his address to the SelectUSA Summit.

A large number of Indian companies are participating in the SelectUSA Summit aimed at increasing US exports and attracting more foreign investment into the US.

Large scale decline of L-1 visas was a major hindrance in Indian companies investing in the US.

"One of the things that would make America even more attractive to businesses and that would grow our economy and shrink our deficits, and keep this country safer, stronger, and smarter, would be a comprehensive immigration reform package," he said.

"That's why I'm going to continue to push and prod and poke and cajole friends in the Republican party to get on board and help us get this done. We need to get immigration reform done here in the United States of America. That's who we are. So the bottom line is this: America is proudly open for business," Obama said.

"We want to make it as simple and as attractive for you to set up shop here as is possible. That is what this summit is all about," he said, and hoped that global companies would benefit from the new measures.

Obama said there has never been a more exciting time to do business in the US. 
Source: http://economictimes.indiatimes.com/tech/ites/boost-for-indian-it-workers-as-us-l-1b-visas-now-easier-to-get/articleshow/46669758.cms

5 Countries Where It's Hardest To Become A Citizen

Obtaining permanent residency status or gaining citizenship in a foreign county may seem like a good idea for those who no longer want to live in the country where they were born or whose passport they hold. But some nations make that transition especially difficult unless you marry a citizen of that country or – in some cases – have ancestors who were citizens.
In addition to marriage and ancestry,  countries with high barriers to attaining citizen status may have special residency or citizenship tracks for people who fit certain categories, such as being a highly skilled professional or investing substantially in a business enterprise. But these situations don't apply to the vast majority of prospective citizens.
Below, in alphabetical order, are five nations that make it especially difficult for foreigners to establish permanent residency or obtain citizenship:
Austria
Many EU countries have tough immigration laws, but Austria seems to have one of the lengthiest processes to become a citizen. Anyone who is not a citizen of an EU country and staying longer than six months must have a resident permit before entering the country.
People who plan to stay longer than 24 months must also sign an Integration Agreement, a process designed to enhance their German-language skills and ability "to participate in the social, economic and cultural life in Austria." 
Permanent residents must live in the country continuously for a period of 15 to 30 years before being eligible to apply for citizenship. If approved, applicants must renounce any other citizenship.
Germany 
Obtaining permanent residency in Germany is difficult unless you are a citizen of another EU country. Other foreign nationals must have lived in Germany for at least five years and demonstrate competency in language, the political system and society. Applicants must also demonstrate they have an ability to earn a living and that they’ve contributed to the national pension plan, as well as having proof of accommodation.
To become a citizen, applicants must have lived in the country at least eight years (seven, if they’ve passed a competency test) and renounce citizenship in any other country.
Japan
It takes longer to be granted a Permanent Resident visa in Japan than to become a citizen. People who want to establish permanent residency must have lived in the country for a total of 10 continuous years or more. 
Those who want to become a citizen of Japan must have lived in the country for five years, receive permission from the Justice Minister and complete a slew of paperwork (some have complained of unnecessary questions involving their personal lives). The process, according to the Japanese Ministry, can take six to 12 months, although those who have gone through it have reported that it can take years. If approved, applicants must be ready to renounce citizenship in other countries.
Switzerland
Any foreigner wanting to settle in the beauty of the Swiss Alps, or anywhere else in Switzerland, may do so for three months. To obtain a settlement, or permanent residence visa (unless you are an EU citizen), you must have lived in the country for 10 years.
If you qualify for permanent residence by the length of time you have lived in the country, you also qualify to apply for citizenship, but that is not guaranteed; applicants for citizenship must also prove they are assimilated into Swiss society. What's more, all cantons and municipalities have their own rules about granting citizenship. Switzerland permits dual citizenship.
United States
While the United States was founded mostly by immigrants, the process for achieving permanent residency and citizenship has become even more complicated since the early 2000s and the war on terrorism. Unless a person is coming to the U.S. through family or an approved job, it is very difficult to establish permanent residency (sometimes known as receiving a green card). There are special categories for those seeking refugee or asylum status, and a lottery for others who wish to apply. Click here for more information.
Those who have had permanent residency status for five years can begin the process of applying for citizenship by filling out the application and taking a test, which includes knowledge of history/government and English. Before becoming a citizen, people must swear an oath to the Constitution. The United States permits dual citizenship. For more information, read Understand The Requirements For U.S. Citizenship.
The Bottom Line
Moving from a temporary visa to permanent resident status – or citizenship – is particularly difficult in some countries. But some do succeed in the end.

Source: https://in.finance.yahoo.com/news/5-countries-where-hardest-become-234000465.html

Monday, 16 March 2015

H-1B Annual Visa Quota to Open on 1 April 2015



New H-1B visa applications will be accepted from April 1st, United States Citizenship and Immigration Service (USCIS) have announced. With an annual quota of 85,000, employers wishing to bring in graduate level overseas nationals into the country are being urged to start preparations now to be ready to submit an H-1B visa application at the beginning of April 2015.
Even if the H-1B visa petition is submitted at the beginning of April it is likely that there will be a lottery for the available visas and many applications submitted will not be considered for further processing. If the visa is approved the earliest an employee will be able to start work on an H-1B visa is 1 October 2015.

Who can apply for an H-1B visa?

H-1B visas are to employ graduate level employees to work as IT Consultants, engineers, financial analysts, scientists, software developers and in other skilled professions. The annual 85,000 quota consists of 65,000 set aside for those with at least a bachelors degree or equivalent, with a further 20,000 reserved for people with advanced degrees from US educational institutions.
Of the 65,000, 6,800 visas are set aside for citizens of Chile and Singapore as per the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
The H-1B visa is just one type of US non-immigrant visa. Other non-immigrant visas include the following.
  • F-1 student visas
  • J-1 exchange visitor visas
  • TN work visa for Canadian and Mexican nationals
  • E-3 work visas for Australians
  • L-2/H-4 dependent visas
  • E-1/E-2 treaty investor and treaty trader visas

High Demand

USCIS anticipates that the number of applications submitted will be double the quota; because Congress has not raised the quota level, many applications will not be accepted for further processing. Some have forecast that the number of applications will be three times the quota or more.
In 2014, over 172,000 H-1B visa applications were lodged, with just 65,000 available. As in previous years USCIS expects the quota to be used up very quickly. If the number of applications submitted during the first five business days of April exceeds the annual quota, USCIS will initiate a lottery system.

H-1B Cap-Exempt Applications

Not all H-1B visa applications are subject to the annual quota. Applications lodged to extend or amend H-1B employment for foreign workers already in H-1B status are exempt. Plus, petitions filed on behalf of new workers to be employed in H-1B status by higher educational institutions or related non-profit entities, non-profit research organizations, or governmental research organizations are exempt from the H-1B yearly cap.

Evaluating Potential H-1B Applicants

F-1 Students – Students, predominantly those with an F-1 visa, who are working under the Optional Practical Training Scheme (OPT) should be considered when deciding to petition for a H-1B visa, especially if you wish to employ the student in the long term.
Even if an employee can extend their OPT, it may stilll be advisable to submit an H-1B application for the 2016 Fiscal Year. Employees then have two chances of acquiring an H-1B visa.
If the number of applications filed exceeds visa numbers available which is almost certain to to be the case, and employees do not acquire an H-1B this time around, the OPT extension (if available) can act as back up. The H-1B visa application can then be submitted next year.
L-1B – The L-1B visa is for intra company transferees with specialized knowledge being relocated to the US. However, what constitutes 'specialised knowledge' is unclear. In recent years there has been a huge increase in the refusal rate for these visas. In some cases it may be worth applying for an H-1B visa instead.
Green Card Cases – It's possible that certain green card applicants may run out of authorised time in the US, unless they apply for an H-1B visa.

Missing the Cap

Because of the quota there is a good chance that an H-1B visa application will not even be considered. If the application is made more than a few days into April the limit may be reached prior to an application being made.
The E-Verify program may be of help to some students wishing to stay in the US. For instance, certain F-1 STEM (Science, Technology, Engineering & Mathematics graduates) could qualify for a 17th month extension of their OPT if their employer is registered with E-Verify . However, employers should note that enrolment in E-Verify is just one of the requirements for students to acquire an additional 17 months of OPT.
E-Verify is an online government facility that requires participating employers to enter employee data from an I-9 form. The details are checked against Department of Homeland Security and Social Security Administration records.

Successful Applicants

H-1B visas are valid for a period of three years with an option to extend for a further three years. They can also be extended beyond the six year period, provided a company has sponsored a candidate's application for permanent residency.

Source: http://www.workpermit.com/news/2015-02-25/h-1b-annual-visa-quota-to-open-on-1-april-2015

USCIS to allow Employment Authorization for Some H-4 Spouses

Good news for some. US Citizenship and Immigration Services (USCIS) will permit H-4 spouses of certain H-1B principal non-immigrants to receive employment authorization in the US from 26 May 2015. The change is to help spouses of H-1B visa holders who are in the process of obtaining a Green Card and who already have an approved immigrant worker petition.
The H-1B visa is to employ overseas nationals in a specialist occupation; usually highly-skilled individuals with at least a bachelors degree (or equivalent) employed in a role that usually requires you to have a bachelor's degree.
The new rule grants employment authorisation to the H-4 spouse of an H-1B visa holder where the H-1B visa holder is waiting for an immigrant worker visa due to visas currently being unavailable. The US already provides work authorization to the spouses of L-1 intra-company transfer visa holders, those on E-1 treaty trader and E-2 treaty investor visas and J-1 exchange visitors.

Eligible Applicants

H-4 dependent spouses of H-1B principal non-immigrants, who are beneficiaries of an approved I-140 petition based on 'green card' sponsorship by an employer, are eligible applicants under the new rule.
Due to processing delays in many I-140 immigrant visa classifications (e.g. EB-1, EB-2 or EB-3), and the limit on the number of visas available based on the country of birth of the I-140 spouse or beneficiary, it may not be viable for the beneficiary of an I-140 petition to progress directly to the final stage of the 'green card' process to apply for an adjustment of status to lawful, permanent resident.
Indian and Chinese individuals in particular have to wait for years to receive an available immigrant visa number due to significant backlogs.
Although the H-1B principal continues to be employment authorized, spouses accompanying them are currently prohibited from working for the entire length of time that an immigrant visa number is unavailable. Unless that is the H-4 spouse can come under the H-1B or some other type of work visa.
The introduction of the new rule allows the H-4 spouse to lodge an application for employment authorization during the backlog waiting period.
H-4 dependent spouses of H-1B principal non-immigrants, who qualify for post-sixth-year extensions of H-1B status based on American Competitiveness in the 21st Century Act (AC-21), are also eligible.
Normally, the H-1B status is limited to a total of six years. Exceptions do exist for people who meet certain conditions of the 'green card' process, which may or may not include approval of an I-140 petition.
Now, under the new rule, the H-4 spouse of an H-1B principal non-immigrant who qualifies for post-sixth-year AC-21 benefits can apply for employment authorization.
This rule does differ from more generous rules, that allow all L-2 and E-2 spouses to lodge an employment authorization application.
To apply under the new rule, H-4 dependent spouses who are eligible will be required to submit an I-765, 'Application for Employment Authorization' form, complete with supporting evidence and the $380 fee. This is required to acquire form I-766, the 'Employment Authorization Document (EAD).
Upon USCIS approval of an I-765 form and receipt of an EAD, an individual is permitted to work in the United States.

Help for families and employers

The purpose of the new rule is to help families of H-1B non-immigrants and to assist employers, indirectly, that find retaining their highly-skilled employees challenging because of an employee's long wait to earn lawful, permanent resident status. However, not everyone is able to apply for permanent residency and the Obama administration was quick to emphasize that this is not a blanket employment authorization program for H-4 spouses.

Applications for employment authorization

Under the new rule USCIS will be accepting employment authorization applications from May 26 2015, which will be 90 days after the publication of the new rule in the Federal Register.

Beneficiaries

The new stipulations will benefit H-4 spouses under the following circumstances:
  • Where the H-1B visa holder is the beneficiary of an approved I-140 immigrant visa petition for which an immigrant visa number is not available, or
  • Where the principal H-1B qualifies for a post-sixth-year extension of H-1B status in accordance with the American Competitiveness in the 21st Century Act (AC-21)

How does this rule affect employers?

It is likely that valuable H-1B staff will opt to stay in the US. Otherwise some H-1B visa holders may decide that they do not wish to wait any longer and decide to leave the US.
USCIS predicts that the number of people that qualify for employment authorization as a result of the new rule could reach 179,600 in the first year, plus a further 55,000 annually in the years that follow.

4 caught with forged Australian visas

Four Indian nationals were arrested at Suvarnabhumi airport on Sunday while trying to board a flight to Sydney with forged Australian entry visas.
They were apprehended while waiting to check in for Qantas Airways flight QF024 bound for Sydney, scheduled to depart at 6.25pm, and their arrest disclosed by police on Monday.
Police patrolling the departure terminal said the group was acting suspiciously near a Qantas check-in counter, so they asked to search them. An examination of their documents found their Australian visa stamps were bogus. 
The suspects allegedly confessed that they bought the forged visas from an unidentified Thai man for US$7,000 (about 230,000 baht) each. Police have charged them with forgery and using false documents  and were attempting to track down the forged-visa supplier. 

Source: http://www.bangkokpost.com/news/general/498132/4-caught-with-forged-australian-visas

Tuesday, 3 March 2015

Visa on arrival a game-changer for tourism industry

Extending the scheme to 150 countries from 43 now is set to increase tourism inflow, but service tax hike a dampener, industry experts say
Finance minister Arun Jaitley's proposal in the budget to extend the visa on arrival facility to 150 countries from 43 at present in a phased manner is set to increase the tourist inflow and benefit the local industry manifold, experts said.
Foreign Tourist Arrivals (FTAs) in 2014 reported a growth of 7.1% to 74.62 lakh compared with FTAs of 69.68 lakh in 2013, which was, in turn, a growth of 5.9% in 2012.
Peter Kerkar, director, Cox & Kings, said, "The extension of electronic travel authorisation (e-visas) to 150 more countries is a positive step for tourism as this sector contributes 7% of India's GDP and helped create more than 40 million jobs last year.''
Hari Nair, founder & CEO, HolidayIQ.com, a travel portal, said, "Visa on arrival being extended to 150 countries is a huge step for Indian tourism. In addition, tourism is a sector that is a beneficiary of improvements across multiple areas. The focus on areas such as infrastructure, skills development and rural development has the potential to provide a big tailwind for tourism."
Rakshit Desai, managing director India, FCm Travel Solutions and Flight Shop, said, "The announcement is a welcome measure. Further, ease of doing business initiatives like a single clearance window will foster an environment of business growth and encourage inflow of investments."
Jaitley also said that the facilities at the country's 25 cultural world heritage sites were deficient and resources would be provided to start work such as landscape restoration, signage and interpretation centres, parking, access for the differently abled, amenities including security and toilets, illumination and plans for benefiting communities around them. The heritage sites include churches and convents of old Goa, Hampi in Karnataka, Leh Palace in Ladakh, Varanasi temple town in Uttar Pradesh, Kumbalgarh and other hill forts of Rajasthan.
Rajesh Magow, co-founder and CEO-India, MakeMyTrip, said, "Executed and then marketed rightly, this will undoubtedly attract a new set of inbound tourists to the country. Investing in local infrastructure will promote the overall Indian tourism industry."
Neelu Singh, COO, Ezeego1.com, said, "We are happy with the thrust on domestic and inbound tourism by developing key tourist destinations and sites and making them more tourist-friendly. It will help draw a lot of heritage and religious tourists. The government has highlighted the desire to incentivise cashless transactions which is a positive development for online sites such as Ezeego1.com."
However, the increase in service tax from 12.36% to 14% will have negative impact on the industry and is likely to push up the airfares, feel experts.
Sajid Khan, country manager, India, South African Airways, said, "The announcements to restore and preserve the 25 cultural world heritage sites in the country by building visitor amenities is likely to aid tourism to historical locations. However, inclusion of entertainment facilities like amusement arcades, theme parks, water parks, concerts, etc in the negative list for service tax restricts such establishments from fully reaping the benefits of the growth in tourism. Additionally, proposed changes to increase service tax rate plus education cess and secondary and higher education cess to 14% will lead to a hike in air ticket prices."
Bharat Malkani, president, Hotel and Restaurant Association (Western India), said, "In the budget 2015-16, the government has proposed the increase in service tax. According to us, it is an irrational inclusion in the ever increasing tax list and additional burden on the industry. This is directly going to impact the customers."
On the other hand, the aviation sector expected rationalisation of taxes on aviation turbine fuel (ATF), which ranges between 2% and 40%. While the expectation was dashed once again, there was also no mention of incentives for development of maintenance repair and overhaul (MRO), airports and general aviation in the country.
Captain GR Gopinath said the budget was a let-down as it has done nothing to make the Indian aviation sector competitive. "Aviation sector goes hand-in-hand with railways, roads and shipping. All four are pillars of the economy but the government hasn't treated it as such," he said.
Amber Dubey, partner and India head, aerospace and defence, KPMG, said, "Higher service tax will enhance airfares. Loss of MRO revenue, jobs and taxes to Sri Lanka, Asean and Gulf countries will continue. Positives include extension of visa on arrival to 150 counties and development of heritage sites."

Source: http://www.dnaindia.com/india/report-visa-on-arrival-a-game-changer-for-tourism-2065412