1. Opening the Global Immigration Door
– Now What?
Andrea Elliott, Senior Counsel
Pro-Link GLOBAL

2. 4 Main Objectives
1. How to be a Good “Corporate Citizen”
2. Understanding Hot Button Global Immigration
Issues
3. Global Immigration Checklist
4. Risks of Non-Compliance specific country
examples

3. Objective # 1
How to be a Good “Corporate Citizen”
1. Get rid of Common Misconceptions
2. Understand the “How To” of Global Moves
3. Know your Company’s Global Locations
4. Educate HR stakeholders Globally
5. Focus on Core Tasks Only
6. Create Internal Policy

4. Objective # 1
How to be a Good “Corporate Citizen”
1) Common Misconceptions
•US Citizens can work anywhere in the world
without a work permit
•It’s ok to “work” illegally if the stay is under 90 days
•US Citizens do not need a work permit for Canada
•It’s ok to enter a country that has visa waivers
agreements and work without authorization by
leaving every 90 days and re-entering
•It’s ok to go to a foreign country for a week and
work without any visa
•Even if employees are doing work, they just need a
business visa if they are on a short trip
•If an employee had a previous work permit, they
only need a business visa to re-enter the same
country

5. Objective # 1
How to be a Good “Corporate Citizen”
2) The “How To” of Global Moves
•Identify possible targets for foreign assignments
•Develop a good understanding of your company’s
business plan – Immigration Aspect
•Educate HR Peers Globally – Immigration
•Don’t waste time on non-core functions –
Outsource
•Creating internal processes designed to promote
compliance with relevant immigration regulations
worldwide – Immigration Aspect

6. Objective # 1
How to be a Good “Corporate Citizen”
3) Get to know your Company Globally
•Find out which countries are the focus of the
business units?
•Which are the top 4 countries your company is
growing in?
•Is your company involved in an M&A?
•Establish if they will require transfers of key
personnel?

7. Objective # 1
How to be a Good “Corporate Citizen”
3) Get to know your Company Globally
Top 4 Destinations - International Assignments
1. USA
2. China
3. UK
4. Germany
Emerging Destinations -International Assignments
1. China
2. India
3. Russia
4. Poland
Information obtained from the GMAC Global Relocation
Trends Survey Report 2008

8. Objective # 1
How to be a Good “Corporate Citizen”
3) Get to know your Company Globally
Countries with most challenges for company
• China
• India
• Russia
• USA
Countries with most challenges for assignee
• China
• India
• Russia
• Brazil
Information obtained from the GMAC Global Relocation
Trends Survey Report 2008

9. Objective # 1
How to be a Good “Corporate Citizen”
4) Educate HR Stakeholders Globally
•Decide who does what portion of the employment
authorization process
•Discuss how the immigration process works
•Review different types of visas & what they do and
not allow their holders to do
•Review work permits versus business trips
•Explain common terminology
•Ask if your peers have processed work permits
locally before
•In-house or have they established a relationship
with a local vendor

10. Objective # 1
How to be a Good “Corporate Citizen”
5) Focus on Core Tasks Only
•Lack of knowledge -196 countries
•Procedural difficulties
•Amount of time consumed by international moves
•Yet only 28% of corporations are operating a
globally coordinated immigration program
•Use outsourcing to professional visa providers as
an option

11. Objective # 1
How to be a Good “Corporate Citizen”
5) Focus on Core Tasks Only
45
Technical Expertise
40
35 Single point of
30 Contact
25 Timeliness
20
15 Single Service
10 Provider
Transparent Cost
5
Structure
0
Benefits of a Global Coordinated Others
Immigration Policy
Survey of IHR Professionals conducted by E&Y Human Capital Group

12. Objective # 1
How to be a Good “Corporate Citizen”
6) Creating Internal Global Processes
•Creating internal processes designed to promote
compliance with relevant immigration regulations
worldwide
•Understanding the lingo
•Know the risks
•Make a strategic decision

13. Objective # 1
How to be a Good “Corporate Citizen”
6) Creating Internal Global Processes
Understand Biggest Obstacles to Global Mobility
• Family/partner issues
• Desire to be closer to family
• Health issues/special needs
• Education options for children
• Language/cultural challenges
• Economic climate/cost of new location
• Personal security

14. Objective # 2
Hot Button Global Immigration Issues
1.Common Terminology
2.What is the Schengen Area?
3.What is the Schengen Information System?
4.What is the EU?
5.Who belongs to the EU and why does when they
joined make a difference?
6.Hague Convention
7.Trailing Spouse
8.Stealth Expats
9.Work versus Business
10.Example of Difference in Singapore

15. Objective # 2
Hot Button Global Immigration Issues
1)Common Terminology
•Visa
•Apostille | Legalization
•Hague Convention
•Transcripts or College Degree
•Assignment Letter or Employment Contract
•Statewide Police Clearance
•Dependent
•Trailing Spouse
•Translations
•Vital Records
•Schengen / EU

16. Objective # 2
Hot Button Global Immigration Issues
2) Schengen Area
•France, Germany, Belgium, Luxembourg and the
Netherlands decided in 1985 to create a territory
without internal borders
•This became known as the “Schengen area”
•The name was taken from the name of the town in
Luxembourg where the first agreements were
signed

17. Objective # 2
Hot Button Global Immigration Issues
2) Which Countries Are Part of The Schengen
•Belgium •Austria Iceland
•Germany •Denmark Norway
UK
•The Netherlands •Italy
•France •Finland
•Luxembourg •Sweden
•Spain •Switzerland
•Portugal
•Greece

18. Objective # 2
Hot Button Global Immigration Issues
2) What is the Schengen Treaty?
•Its purpose is to remove all controls at internal
land, sea and airport frontiers
•Coordination of visa controls at the external
borders of the Member States through a common
approach to visa policies
• 90 DAY in 180 DAY rule

19. Objective # 2
Hot Button Global Immigration Issues
3) Schengen Information System
•Schengen Information Systems is regarded as the
cornerstone of “Schengen-land”
•To allow all police stations and consular agents
from Schengen group Member States to access
data on specific individuals

20. Objective # 2
Hot Button Global Immigration Issues
4) What is the European Union
•Freedom of movement for EEA nationals
•Citizens of states of the European Economic Area
(Norway, Iceland, Liechtenstein) which do not
belong to the EU, but pursuant to agreements with
the EU enjoy free movement of persons and
members of their families.
•Problem for non-EEA nationals
•25 countries in EEA
•What about their citizens movement?
•Can they work in each others countries without
permits?

21. Objective # 2
Hot Button Global Immigration Issues
5) Who belongs to the EU
15 Original EU Member States
Belgium Greece
Germany Spain
France Portugal
Italy Austria
Luxembourg Finland
Netherlands Sweden
Denmark
Ireland
United Kingdom, England,
Wales and Scotland

22. Objective # 2
Hot Button Global Immigration Issues
5) 10 New EU Members | 2 New EU Members
1. Czech Republic 1. Bulgaria
2. Estonia 2. Romania
3. Cyprus
4. Latvia
5. Hungary
6. Malta
7. Poland
8. Lithuania
9. Slovenia
10.Slovakia

23. Objective # 2
Hot Button Global Immigration Issues
6) Hague Convention
•Apostille is Seal of approval for use in 67 countries
•Legalization Non Hague countries
•Certification is Consular function
•Notarization is Notary public function

24. Objective # 2
Hot Button Global Immigration Issues
7) Trailing Spouse
•When the one spouse gives up career to follow the
assignee to host country
•Not all countries permit trailing spouse to work
automatically
•What if spouse is de facto partner?
•Same sex?

25. Objective # 2
Hot Button Global Immigration Issues
8) STEALTH Expats
•Stealth n. Expat
• The act of moving, proceeding, or acting in a
covert way
• The quality or characteristic of being furtive or
covert
•Archaic. Adj
• The act of stealing
• Not disclosing one’s true ideology, affiliations,
or positions: a stealth candidate

26. Objective # 2
Hot Button Global Immigration Issues
9) Work Permit or Business Visa
WORK PERMIT BUSINESS VISA
•Economic activity •Meetings
•Use the pen •Negotiations
•Do the same job in the •Seminars
host country as in the •Short term visit of a
home country few days
•Earn income •Conference
•Long term more than 3 •Meet new clients face
months to face
•Where in person is
preferred to telephone

27. Objective # 2
Hot Button Global Immigration Issues
10) Singapore Example Is a PVP required?
Eligibility Appendix 1
You must apply for a Foreigners who are
PVP if you are exempted from
Professional Visit Pass
A foreign artiste requirement:
performing at
nightclubs, lounges, •Foreign artistes such
pubs and other similar as those in cultural
entertainment outlets in troupes and
Singapore performances

28. Objective # 3
Create A Global Immigration Checklist
1. Payroll 7. Religion
2. Tax implications 8. Police Clearances
3. Medicals 9. Trailing Spouse
4. Citizenship / 10. Previous Work
Country of birth Permits
5. Dependents 11. Gender
6. Internal Policy 12. Language & Cross
Cultural Training

29. Objective # 3
Create A Global Immigration Checklist
•Does employee change payrolls?
•Can they stay on home payroll?
•Country payroll requirements – local
taxes or health contributions e.g. Taiwan,
Brazil, Argentina

30. Objective # 3
Create Global Immigration Checklist
2) Tax Implications
•Social Security contributions
•Exemption Certificates from Treaty
Members
•Certificate of Coverage “COC”
•Double Taxation

31. Objective # 3
Create Global Immigration Checklist
3) Medical Examinations
•Country specific requirements?
•In foreign country after arrival
• China
• Saudi Arabia
• France
•In home country before assignment
•Belgium
•Saudi Arabia
• South Africa

32. Objective # 3
Create Global Immigration Checklist
4) Citizenship versus Origin
•Nationality of the passport?
•Nationality by birth?
•Countries that have issues with place of
birth versus current passport e.g. India if
traveler is a Pakistan born national even if
holding a US passport

33. Objective # 3
Create Global Immigration Checklist
5) Dependants
•Age – 16 or 18 or 21
•Country specific
•Can they work or not work
•Non-traditional Dependents
•Aging parent

34. Objective # 3
Create Global Immigration Checklist
6) Can Create Internal Policy
Decide in advance what HR Policy is when:
• Host Country Minimum Wage is higher than Home
Country e.g. Sending an Employee from India to
Switzerland.
•Employee Marries a Local and Wants to Change
Immigration Status using Marriage as Basis.
•Employee wants to use Own Legal Counsel to File
Immigration Petition.
• If Employee leaves Company in first 12 months, do they
have to repay the cost of Visa & Immigration Fees.
• Employee is Barred Entry into a Third Country Which is
Part of Territory they Manage.

35. Objective # 3
Create Global Immigration Checklist
7) Religion
•Countries barring certain religions
•Question asked on Immigration forms
e.g. Singapore asks “What religion are
you?” and “What denomination of that
religion are you?”
•Recognizing civil ceremony over religious
marriages

36. Objective # 3
Create Global Immigration Checklist
8) Policy Clearances
• Certain countries require national
police clearance from every address in
the past 5 years e.g. Belgium
• Other countries will accept State Wide
Clearances from Sheriffs office e.g.
Brazil
• Name check versus Fingerprint Check
• Criminal Record Bars Entry

37. Objective # 3
Create Global Immigration Checklist
9) Trailing Spouse
• Dual career family
• Does the destination country permit
automatic employment by the spouse?
• Is a separate work permit required?
• Lump sum allowance?
• Support for trailing spouse in foreign
country?

38. Objective # 3
Create Global Immigration Checklist
10) Previous Work Permits
• Establish if the employee has worked
abroad previously
• In this country?
• Evidence of previous work permit
required?
• Termination of previous work permit –
was it done?

39. Objective # 3
Create Global Immigration Checklist
11) Gender & Relationship
• In certain countries, woman may not be
the principal assignee
• Marriage versus Engagement
• Engaged couples versus living
together
• Civil Union
• Registered Partnerships

40. Objective # 3
Create Global Immigration Checklist
12) Language & Cross Cultural
• Language fluency may be a
requirement
• Knowing that the US bars corrupt acts
abroad to gain a benefit – including
paying “unbilled fees” for services to be
“speeded up”
• US Immigration legalized speeding up
the process and called it Premium
Processing at $1,000 a case

41. Objective # 4
Risks of Non Compliance
Risks of Non-Compliance
Country specific examples
•China
•Russia
•Hong Kong
•France
•Australia
•Malaysia

42. Objective # 4
Risks of Non Compliance
1) Why should you care?
•Host Corporate entity shut down
•Assignee & family deported
•HR Managers liable to imprisonment
in certain locations
•Fines and potential criminal sanctions
for hiring and employing illegal
immigrants as employees are faced by
employers
•U.S.A – I 9 Program

43. Objective # 4
Risks of Non Compliance
China
•BEFORE being allowed to leave the country.
•DAILY Fine RMB 500 not to exceed 5000 RMB
and/or detention.
•The period of detention can range from 5-30
days depending on the severity of the violation.
•Detention may be longer than 30 days in the
case that the authorities believe that the
foreigner was involved in criminal activity.
•The US Embassy is aware of several recent
detentions of American citizens relating to visa
overstays and violating the terms of their visas
(i.e. working while on a visitor’s visa).

44. Objective # 4
Risks of Non Compliance
Russia: Code of the Russian Federation on
Administrative violations
Violation of employment of foreign nationals on the
territory of the Russian Federation (article 18.15)
For work without Employment permit
authorization:
• for a foreign employee – administrative penalty in the
amount of 2 000 – 5 000 RUR
• for a Company’s official – administrative penalty in the
amount of 25 000 – 50 000 RUR
• for a Company – administrative penalty in the amount of
250 000 – 800 000 RUR ($25,000) and suspending of
Company’s activities for a period of up to 90 days.

45. Objective # 4
Risks of Non Compliance
Russia
Violation of employment of foreign nationals on the
territory of the Russian Federation (article 18.15)
For not notifying the Tax service,
Employment service, Migration service:
• for a foreign employee – administrative penalty in the
amount of 2 000 – 5 000 RUR
• for a Company’s official – administrative penalty in the
amount of 35 000 – 50 000 RUR
• for a Company – administrative penalty in the amount of
400 000 – 800 000 RUR ($25,000) or suspending of
Company’s activities for a period of up to 90 days.

46. Objective # 4
Risks of Non Compliance
Hong Kong
The Immigration Department has a reminder on
its website to the effect that:
In a previous judgement of the Court of Appeal, it
was held that 15 months imprisonment would
be applied across to all employers who employ
persons not lawfully employable, irrespective of
the status of the job-seekers. In other words,
employers of visitors, contract workers or illegal
immigrants are liable to the same immediate
custodial sentence

47. Objective # 4
Risks of Non Compliance
Hong Kong
Investigation 2007 2008
Forged travel documents 1 598 1 423
detected
Illegal immigrants apprehended 3 175 2 460
and repatriated
Illegal workers arrested 3 811 3 682
Employers of illegal workers 221 295
prosecuted
No. of prosecutions instituted 12 042 11 225
The offence of employing a person not lawfully
employable carries a maximum fine of
$350,000 and imprisonment for three
years.

48. Objective # 4
Risks of Non Compliance
Hong Kong
Online reporting of Immigration Offenses

49. Objective # 4
Risks of Non Compliance
France
•Sanctions for Employer include:
•5 years imprisonment
•Euro 15,000 for each foreign national
•Fraudulent declarations Fine of Euro 30,000
•Management could be personally liable and
charged
•Dissolution of the corporation
•Company fined additional fees up to Euro
150,000
•Additional sanctions relating to taxes, social
security contributions and other indemnities

50. Objective # 4
Risks of Non Compliance
France
•Sanctions for the Employee include:
•1 – 5 years imprisonment
•Compulsory expulsion AFTER imprisonment
•Fines ranging from Euro 3,750 – 30,000

51. Objective # 4
Risks of Non Compliance
Australia
•The current maximum penalty is $13,200 for an
individual and $66,000 for a body corporate
and / or two years imprisonment
•The monetary value of a penalty is set by
section 4AA of the Crimes Act. Section 4B of the
Crimes Act provides that financial penalties for a
body corporate are automatically five times
higher than for individuals

52. Objective # 4
Risks of Non Compliance
Malaysia
Section 6(3) Immigration Act 1959/63
•A foreign visitor whose presence in Malaysia
can be interpreted as illegal entry if:-
•Passport / travel document does not have a valid entry
endorsement / visit pass
•The penalty for an offence on illegal entry:-
•A fine not exceeding RM10,000.00 or to imprisonment
for a exceeding 5 years or both
•A compound of RM3,000.00

53. All Objectives Concluded
Rule of Thumb When Going Global
•Maintain good corporate citizen status
•Do not encourage tourist visa or waiver entry for
business purposes
•Create a good corporate citizen of the world in
your corporation
•Fines and penalties may be enforced if illegal
workers found

54. All Objectives Concluded
Thank you for attending!
Any questions, please contact the presenter.
Andrea Elliott
Senior Foreign Counsel
Pro-Link GLOBAL, Inc.
www.pro-linkglobal.com
Andrea.Elliott@pro-linkglobal.com