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Immigration Manual Immigration Manual November 2006 Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. © 2006 Baker & McKenzie All rights reserved. This publication is copyright. Apart from any fair dealing for the purposes of private study or research permitted under applicable copyright legislation, no part may be reproduced or transmitted by any process or means without prior written permission. IMPORTANT DISCLAIMER. The material in this booklet is of the nature of general comment only. It is not offered as advice on any particular matter and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this booklet. No client or other reader should act or refrain from acting on the basis of any matter contained in it without taking specific professional advice on the particular facts and circumstances in issue. Immigration Manual Immigration Manual INTRODUCTION This manual is designed to provide a general overview of the immigration laws and procedures of various countries. Please note that the immigration laws and procedures are constantly changing and are subject to new policies and developments. Therefore, this manual is not intended to be exhaustive and specific questions should be directed to the Executive Transfer and Immigration Department of Baker & McKenzie, Hong Kong. Should you require any additional information, please do not hesitate to contact Mr. William Kuo at +852 2846 1952 (email: [email protected]). Unless otherwise indicated, the law is as stated on 1 November 2006. Immigration Manual TABLE OF CONTENTS CHAPTER 1: IMMIGRATION TO AUSTRALIA ..................................1 INTRODUCTION .................................................................................. 3 NON-IMMIGRANT VISAS ................................................................... 3 General ............................................................................................. 3 A. Visitor Visas ................................................................................. 3 B. Business Visas ............................................................................ 5 C. Temporary Residence ................................................................... 7 IMMIGRANT VISAS ............................................................................ 9 General ............................................................................................. 9 A. Family Migration ........................................................................... 9 B. Skilled Migration ........................................................................ 10 C. Employer Nomination Scheme .................................................... 14 D. Business Skills Migration ............................................................ 15 E. Humanitarian Migration ............................................................... 18 MIGRANT VISA AND RESIDENT RETURN VISA ............................ 19 RENEWING THE RESIDENT RETURN VISA ................................... 19 CITIZENSHIP ..................................................................................... 20 A. General Criteria .......................................................................... 20 B. Residential Criteria ..................................................................... 21 C. Dual Citizenship ......................................................................... 21 CHAPTER 2: IMMIGRATION TO BELGIUM ....................................23 INTRODUCTION ................................................................................ 25 WORK AND RESIDENCE PERMITS ................................................ 25 General rule .................................................................................... 25 Exceptions to the general rule .......................................................... 26 Non-EEA Nationals .......................................................................... 30 Penalties ......................................................................................... 33 Identity Card for Foreigners ............................................................... 34 Professional Card ............................................................................ 34 CITIZENSHIP .................................................................................... 35 A. By Birth or Adoption of a Belgian Parent ....................................... 35 Baker & McKenzie B. By Naturalization ........................................................................ 35 C. By Marriage ................................................................................ 36 CHAPTER 3: IMMIGRATION TO CANADA ......................................37 INTRODUCTION ................................................................................ 39 TEMPORARY RESIDENT STATUS ................................................... 39 A. Business Visitors ....................................................................... 39 B. Foreign Workers .......................................................................... 40 C. Study Permits ............................................................................. 41 PERMANENT RESIDENT STATUS ................................................... 42 A. Family Class Category ................................................................. 42 B. Skilled Worker Category .............................................................. 43 C. Business Class Category ............................................................ 46 MAINTENANCE OF CANADIAN PERMANENT RESIDENCE .......... 49 CITIZENSHIP ..................................................................................... 50 CHAPTER 4: IMMIGRATION TO FRANCE .....................................53 SHORT TERM VISAS(LESS THAN THREE MONTHS) ................... 55 WORKING VISAS .............................................................................. 56 A. Corporate Executives .................................................................. 56 B. Employees ................................................................................. 57 THE TEN YEAR RESIDENCE PERMIT ............................................. 60 SPECIAL PROVISIONS ..................................................................... 61 FRENCH CITIZENSHIP UNDER THE STANDARD REGIME ........... 61 A. Eligibility criteria ........................................................................... 61 B. Approval criteria ........................................................................... 62 C. Administrative steps .................................................................... 62 CHAPTER 5: IMMIGRATION TO GERMANY ..................................63 EMPLOYMENT RELATED IMMIGRATION ....................................... 65 INTRODUCTION ................................................................................ 65 GENERAL IMMIGRATION RULES .................................................... 66 IMMIGRATION CATEGORIES ........................................................... 66 A. Citizens from the European Economic Area (EEA) .......................... 66 Immigration Manual B. Citizens from Privileged Countries ................................................ 67 C. Citizens from Semi-Privileged Countries ........................................ 67 D. Citizens from All Other Non-privileged Countries ............................ 67 EMPLOYMENT REQUIREMENTS AND CATEGORIES ................... 68 A. Categories of Work that require no residence permit and no approval from the labor agency ................................................................. 68 B. Categories of employment that require a residence permit but no approval from the labor agency .................................................... 69 C. Categories of employment that require a residence permit and approval from the labor agency .................................................... 71 FAMILY MEMBERS ........................................................................... 72 CITIZENSHIP ..................................................................................... 72 A. By Birth or By Adoption of a German Parent .................................. 72 B. By Birth of a Foreign Long-term Resident ...................................... 73 C. By Naturalization ........................................................................ 73 CHAPTER 6: IMMIGRATION TO THE HONG KONG SPECIAL ADMINISTRATIVE REGION ................................................................75 INTRODUCTION ................................................................................ 77 NON-IMMIGRANT VISAS ................................................................. 77 A. Visitor Visas ............................................................................... 78 B. Employment Visas ...................................................................... 80 C. Dependent Visas ........................................................................ 82 D. Procedures for Applying for Employment and Dependent Visas ....... 82
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