1. A new modification to Spain's immigration law regulates residency for highly qualified foreigners and their families who obtain an EU blue card. 2. The law aims to speed up the process of validating foreign degrees and authorizing entry, residency, and work in Spain for professionals whose work meets certain economic or social interests. 3. Small and medium businesses will now be included in the process to authorize entry of foreigners for professional activities related to jobs requiring high qualifications or research and development.

1. Corporate Immigration Corporate Immigration
Marla Bojorge Karen Justice
new Zealand
Principal
SpaIn
Partner
Bojorge & Associates Fragomen
+34 96 0451676 +64 4 499 2080
marla@icav.es kjustice@fragomen.co.nz
Our firm receives clients from diverse countries, both as individuals and com- regime and reinforcing the procedures for the deportation of foreigners
Traditionally, New Zealand competes with Australia, Canada, the United Kingdom consistently rates in the top five countries in the world for ease of doing
panies. We distinguish ourselves by facilitating clients in English or Spanish to who have illegally accessed our country.
and the United States for skilled talent. Approximately 23% of all people usually living business and lack of corruption.
achieve the best solution for the specific case, and by speeding up the process and Reinforcing integration as a central pillar to the immigration policy,
in New Zealand are born overseas. In 2007/08 program year, there were 85,200 per- The main onus is on the employee to obtain and maintain the correct
quickly giving an answer that both respects our legislation and the interests of the taking into account the agreement of the European Union in terms of im-
manent long term arrivals compared with 80,500 permanent long term departures. work authorization prior to commencing employment in New Zealand.
client. We listen carefully to the problems presented and try to serve our client in migration and international protection, it is intended that the cohabitation
This compared with a net migration of 10,100 in the previous 12 month period. Failure to do so may result in cancellation of the current permit and
the best way possible. In addition to this, we can help clients and investors looking of various identities and cultures is supported.
The current government is focused on achieving a fine balance between ensuring deportation, which may lead to a five year ban from returning to New
to start a business in Spain. Marla Bojorge is MTember of Visalaw International Immigration Alli-
that the local labour market is afforded some protection in the face of economic Zealand. Under the current regime, if employers can reasonably show
Just recently, an important modification to Spain’s immigration law has been ance and is selected as a PenalNet Lawyer. PenalNet is an initiative sup-
recession, and ensuring that those skills that remain in short supply are able to be that they were not aware the employee did not have the correct work
introduced, which regulates the residency of highly qualified persons and their ported and co-financed by the program Criminal Justice 2007, from the
sourced from overseas as needed. The government recognises that there is a need to authorisation, they would be exempt from prosecution. However with
relatives who obtain an EU blue card. Under the new law, the Government has Directorate-General Justice, Freedom and Security of the European Com-
ensure that the country is well-placed to recover from the current economic situation impending changes to be brought in, employers will need to sight and
adopted the measures necessary to speed up the process of homologation and the mission, and Fellow of the Center for International Legal Studies (CILS)
by allowing skilled workers to continue to enter New Zealand long term. retain evidence of the employee’s right to work. Failure to do so may
validation of the foreign degrees. In addition, it is predicted that small and me-
New Zealand’s temporary entry policy has been designed to assist the country to result in fines and/or imprisonment.
dium sized businesses will be included in the process of authorising the entrance,
residency and work in Spain of foreigners whose professional activity concurs “an Important modIfICatIon to SpaIn’S build strong international links. This includes ensuring that the country’s trade com-
mitments are being met, in addition to providing support to New Zealand’s position
Fragomen’s New Zealand practice is a dedicated visa and immigra-
tion service provider offering advice to both businesses and individuals
with economic, social, or labour related interests, or is related to the realisation of
research and development jobs or education, which require high qualifications, or
ImmIgratIon law haS been IntroduCed, in a global trade environment. The key role immigration has in this regard is to on a wide range of immigration matters. The firm offers a range of
ensure that there is appropriate policy in place to allow the movement of bona fide expertise including assisting employers with immigration requirements
artistic performances of special cultural interest. whICh regulateS the reSIdenCy of business people into New Zealand, as and when needed. associated with bringing personnel into New Zealand, business migra-
From January 2010 Spain presides over of the European Union for a period
With its relatively business-friendly immigration program, which allows most tion for business people and high net worth individuals, and advice and
of six months. The new legislation establishes greater efficiency over the fight hIghly qualIfIed perSonS and theIr businesses to expand into New Zealand, the difficulties faced by both companies assistance on compliance aspects for employees and employers. Our
against illegal immigration, reinforcing the methods and instruments of control
and sanctions, especially with regards to those who facilitate the access or per- relatIveS who obtaIn an eu blue Card.” and individuals tend to be non-immigration related. These may be related to tax, team consists of highly trained and experienced technical experts with a
relatively small labour market and/or relatively small market. However New Zealand variety of backgrounds.
manent stay of illegal immigrants in Spain thereby aggravating the sanctioning
Philippe Tremblay, LL.B.
Canada
Practice Leader
Fragomen
+14 16 863 5850
ptremblay@fragomen.com
Despite some changes in the immigration regulations last year, Canada remained by a strong expertise will be the key more than ever for all corporations,
a ‘buyer’ in the global mobility sector in contrast to most other countries during foreign or local, doing business in Canada.
the challenging 2009 economy. The stability of our banking system, our proximity Fragomen is the World’s largest corporate immigration firm and is now
to the United States, the world’s largest economy and probably a bit of the same officially established in Toronto, Canada since October 2008 to support
craziness that makes us stay here even when the temperature hits minus (-) 40 de- its client’s needs from ‘coast to coast’ in the vibrant and diverse Canadian
grees Celsius, certainly rank among the factors that helped investors remain fairly business market.
optimistic through the year, keeping many important projects alive and maintain-
ing the need for foreign skilled workers.
However, despite the fact that the economy should continue to create that need for
foreign expertise for many companies, the new immigration rules under study in
the Minister’s office cast a shadow of concern on what will certainly be a busy year
“new ImmIgratIon ruleS under
for HR- global mobility advisors and immigration practitioners. Study In the mInISter’S offICe CaSt
Indeed, the wave of protectionism that hit many other countries over the last
year has now reached Canada. Amongst the changes on the Canadian Immigra- a Shadow of ConCern on what wIll
tion Minister’s desk is the one that would impose a four year ceiling on all work
permits after which the beneficiary would become inadmissible to any other
CertaInly be a buSy year for hr- global
Canadian work permits for a period of…six years! mobIlIty advISorS and ImmIgratIon
We at Fragomen Canada continue, of course, to monitor the situation closely
and have sent our comments and recommendations to the Minister. By the time of praCtItIonerS.”
publication of this article, the final version of the changes may be known, but in all
cases, planning ahead their business immigration strategies and being supported
55 Corporate INTL January 2009 January 2009 Corporate INTL 56

2. Corporate Immigration Corporate Immigration
Yoshio Shimoda Ranjit Malhotra - Managing Partner
Japan IndIa
Managing Partner Malhotra & Malhotra Associates
ILS Shimoda Office L.P.C. +91 172 254 2026
+81 3 5521 1901 malhotraranjitindia@rediffmail.com
shimoda@ils-co.jp anilmalhotra1960@gmail.com
Mr. Ranjit Malhotra is a managing partner in Indian based firm Malhotra & Mal- and International Law Association at London. He is also enrolled with The
Immigration control in Japan is conducted in accordance with the Immigration At ILS Shimoda Office L.P.C. our main aim is to provide comprehen- hotra Associates. The firm/counsels have a broad-based practice with a reputation International Association of Youth and Family Judges and Magistrates.
Control and Refugee Recognition Act, the Nationality Law and the Alien Regis- sive legal and consultation services in all areas of Japanese Immigration for offering a full range of quality personalised legal services. The counsels handle Mr. Ranjit Malhotra is an India-based lawyer handling substantial
tration Law. The laws bear many similarities to US immigration law as it was Law. Our services include providing consultation on the applications to legal work for several Fortune 500 companies and they are instructed extensively international work and he frequently travels abroad to attend international
originally designed by the American officers of General Headquarters during the the Immigration Bureaus of the Ministry of Justice, preparation of the by foreign lawyers. legal conferences. In particular he has traveled extensively to the UK, USA,
occupational period after World War II then amended and modified by Japanese documents and various applications (application agency) for certificate of He has been extensively handling inbound and outbound corporate immigra- Europe, Australia and the Far East in connection with professional assign-
Government to meet the needs of society. eligibility, change of status of residence, extension of period of stay, re- tion work for software companies, banks, consulting companies, multinationals ments. Mr. Ranjit Malhotra was the only Indian speaker at the first AILA
To initiate the immigration procedure in general, the sponsoring company in entry permit, permit to engage in an activity other than that permitted by etc. including lodging business and settlement applications at Embassies and Global Immigration Summit held in New York in September 2002 and the
Japan must apply for the Certificate of Eligibility (COE) at the local immigration the status of residence previously granted and application for permanent Consulates throughout India. All work by the firm is handled very efficiently and second Summit, held in New York in September - October 2004. He also
office. Once the COE is granted, the applicant must visit the Japanese consulate to residence. with a high degree of personal contact. The firm can respond very quickly to presented a paper at the Global Immigration Summit held in London in
obtain the work visa on their passport. Our lawyers are authorized to file, negoti- In addition to this, we provide assistance to foreign nationals who wish emergent situations. November 2007 and November 2009.
ate and finalise the application for COE on behalf of the client. to start a business in Japan. Our team of specialised lawyers are able Mr. Ranjit Malhotra was the first Indian lawyer to be awarded the prestigious In October 2007, he was nominated by the British High Commission,
The specific requirements for each category of work visa are complex and to help clients throughout every stage of the process from locating and Felix Scholarship to read for the LLM degree at the School of Oriental and African New Delhi, India to attend the Wilton Park Conference titled ‘WP 890
strictly handled by the immigration bureau in Japan. There are also new and old preparing the relevant documents for the registration of the company to Studies, University of London. He obtained his degree with merit in 1993, Migration towards a Comprehensive Approach’, held in Spain from 8-10
issues reflecting the change in a person’s lifestyle such as common law marriage, drawing up the articles of the company and certifying the articles. specialising in immigration laws and South Asian family laws. He is a member October 2007. He attended another Wilton Park conference on migration
house hold workers work permits and children of previous marriages, etc. We have been providing comprehensive corporate immigration solu- of the International Bar Association and Regional Representative for India of the issues in the UK in December 2008.
The penalties for contravening immigration laws in Japan can be harsh. tions to a wide range of major international enterprises including some of Migration and Nationality Law Committee of the IBA and Co-Chair of the Family Malhotra & Malhotra Associates is on the panel of lawyers for seven
Individuals may find themselves subject to detention at facilities of the immigra- the worlds leading banks, oil companies, IT companies and auto mobile Law and Family Law Rights Section of Lawasia. He is also a member of the Indian major Embassies in New Delhi, including American Embassy, German
tion authorities and/or deportation and a restriction to re-enter Japan for five to manufacturers. The number of applications made at the immigration Society of International Law, Immigration Law Practitioners Association, London, Embassy, Austrian Embassy, Australian High Commission, Canadian
ten years. Companies found flouting the rules may suffer with the rejection of office by our firm has far exceeded that of other firms in Japan for the last American Immigration Lawyers Association, Washington, Reunite Child Abduc- High Commission, British High Commission and New Zealand High
future applications for their employees and/or a fine up to three million yen or ten years. tion Agency in London, Indian Council of Arbitration at New Delhi, the Inter Commission at New Delhi.
imprisonment for up to three years. Pacific Bar Association at Tokyo, Lawasia at Australia, Fellow of the International Mr. Malhotra is also the Honorary Consular Correspondent for the Ital-
Academy of Matrimonial Lawyers, Commonwealth Lawyers Association at London ian Embassy, New Delhi for the State of Punjab and Chandigarh.
Mark Ivener Dr. Gunther Mävers
uSa germany
Partner Partner
Ivener & Fullmer Mütze Korsch Rechtsanwaltsgesellschaft mbH
+1 310 477 3000 +49 (0) 221 50 00 35
mark@usworkvisa.com maevers@mkrg.com
The main types of temporary US work visas are the H-1B, the L1 and the E, which and foreign national employees. Based in Germany,Mütze Korsch RechtsanwaltsgesellschaftmbH (MKRG) is a comparison to ‘normal’ staff is indeed subject to numerous fluctuations.
are the ‘bread and butter’ of business immigration law. Any competent immigra- Another important aspect of corporate immigration practice relates to full-service law firm with offices in Düsseldorf and Cologne. The firm’s lawyers Nevertheless, there is a considerable need for this kind of staff, which has
tion lawyer can prepare these applications, but we do much more. We strategise the myriad and often complex laws and regulations, which are constantly are specialised in providing comprehensive legal and economic advice to both accumulated against the background of intensified global competition
with our clients and figure out short and long term goals that can influence deci- changing. Keeping abreast of these changes is extremely important in local and foreign clients with a view to their activities in Germany. for the most qualified labour. For example, the earnings level for execu-
sions regarding which applications to prepare. We also anticipate the quotas and order to provide a complete and up to date service to clients. Because of The immigration law team advises major and middle-sized companies, directors, tives and highly-skilled workers was €86,400 until 31st, December 2008,
figure out alternative, temporary ‘work-arounds’ and track deadlines and send out our involvement in the ongoing immigration debate, we have access to managers and of course employees on all matters related to corporate immigra- and since 1st, January 2009 now amounts to €64,800 (gross per year).
reminders well in advance. the latest developments in Washington, D.C. and within the DOL, DHS tion law including labour, social security and tax matters. In cooperation with our However, this is by far not sufficient in order to be competitive on a global
In order to provide a complete and comprehensive service, we learn about (USCIS, USCBP, USICE) and DOS. We regularly provide our clients with partners abroad, in particular with the member firms of our networks Visalaw level and the threshold should be reduced further in order to enable me-
company structuring, including possible mergers and acquisitions, and assist in information in a variety of formats, including biweekly email immigra- International and Alliance of Global Business Immigration Lawyers we solve all dium-sized companies to employ such labour to a larger extent.
employee transitioning. We also learn about spouses and their needs, and plan tion updates on changes in the law and legislative reports, and through cross-border problems at short notice. The German elections on 27, September 2009, resulted in a new
towards permanent residence applications, if applicable and find out whether email updates. We find that when advising on immigration law it is useful to know the impact government shared by the Christian Democrats and the Free Democratic
there are children who are reaching critical age-out deadlines. It is important to Based in California, Ivener & Fullmer is a global immigration practice of the assignment from a labour law perspective and to also be aware of the Party, which makes it unlikely that there will be large-scale amendments
notice when employees are from countries with visa appointment backlogs so with associate offices in New York, Vancouver and Tokyo. Representing social security and tax law issues. Hence, we think that the background of both of the existing laws in the short term. However, in the mid term, it is
we can advise on travel and visa preparation. In other words, although we charge domestic/international companies and individuals in all business immi- a specialised labour and immigration lawyer, combined with a multidisciplinary likely that there will be legislative measures with regard to data protection
flat fees like our competitors, we do not merely provide commodity services. We gration matters, Ivener & Fullmer works to open doors for clients ranging approach makes our approach to immigration law in Germany unique. in the workplace and fixed-term agreements, and some necessary amend-
analyse the entire picture, note the deadlines, anticipate the critical issues and give from Fortune 500 corporations to movie stars. The scope of work includes Form a corporate immigration perspective, clients demands have changed since ments to labour laws because of new EU directives (e.g., anti-discrimina-
comprehensive, top level service from beginning to end in the immigration life- representation of foreign executives, managers, investors, professionals the onset of the economic downturn insofar as the number of companies willing tion legislation and EU Blue Card) are likely to be made. Those further
cycle of each foreign national employee. and entertainers for temporary and permanent visas. to make new investments in Germany has significantly decreased. Moreover, HR developments still remain to be seen. On an EU level, it is uncertain
Our clients regularly report that they appreciate our personalised, high touch Ivener & Fullmer offers our multinational corporate clients streamlined departments have had to deal with assignments being cancelled or budgets being whether long-term laws and regulations will be passed. The EU Blue
services and availability. This is particularly important currently, with increasing preparation of global immigration cases while providing unparalleled cut. Generally speaking it can be said that the focus of our practice has turned Card, which has just been implemented after long-lasting and compli-
visa backlogs, H-1B quota issues, delayed PERM labor certification adjudication service. Using our affiliated network of over 50 foreign immigration at- from the corporate immigration law side to the labour law side of the matter, cated discussions, makes it unlikely that there will be further corporate
and the government’s emphasis on compliance and site visits - all of which results torneys, we are proud to be one of the few law firms with the resources to including revoking or terminating assignees, in many cases. immigration law changes over the short or mid term.
in a highly stressed community of corporate counsel, human resource managers provide global immigration management services. It should be noted that, in particular the employment of highly qualified staff in
57 Corporate INTL January 2009 January 2009 Corporate INTL 58