GETTING THROUGH THE DEAL Corporate Immigration Corporate Immigration Corporate Contributing editor Julia Onslow-Cole 2019 2019 © Law Business Research 2018 Corporate Immigration 2019 Contributing editor Julia Onslow-Cole PwC LLP Reproduced with permission from Law Business Research Ltd This article was frst published in September 2018 For further information please contact [email protected] Publisher Law The information provided in this publication is Tom Barnes general and may not apply in a specifc situation. [email protected] Business Legal advice should always be sought before taking Research any legal action based on the information provided. Subscriptions This information is not intended to create, nor does James Spearing Published by receipt of it constitute, a lawyer–client relationship. [email protected] Law Business Research Ltd The publishers and authors accept no responsibility 87 Lancaster Road for any acts or omissions contained herein. The Senior business development managers London, W11 1QQ, UK information provided was verifed between July and Adam Sargent Tel: +44 20 3780 4147 August 2018. Be advised that this is a developing [email protected] Fax: +44 20 7229 6910 area. Dan White © Law Business Research Ltd 2018 [email protected] No photocopying without a CLA licence. Printed and distributed by First published 2011 Encompass Print Solutions Eighth edition Tel: 0844 2480 112 ISBN 978-1-78915-008-7 © Law Business Research 2018 CONTENTS Introduction 7 Japan 81 Julia Onslow-Cole Marcus Wong and Yasuyo Numajiri Partner, Legal Markets Leader & Head of Global Immigration PwC Tax Japan PwC LLP Kenya 86 European immigration – time of change? 8 Steve Okello, Robert Aswani and Josphat Muchiri Stephanie Odumosu and Stephan Judge PricewaterhouseCoopers Limited PwC LLP Malaysia 90 Australia 12 Tan Su Ning and Lee Mei Hooi Rachel Drew Skrine Holding Redlich Mexico 94 Austria 17 David Puente-Tostado, Alfredo Kupfer-Domínguez and Ewald Oberhammer and Petra Pardatscher María Fernanda Castellanos-Balcazar Oberhammer Rechtsanwälte GmbH Sánchez Devanny Belgium 23 Netherlands 97 Bart Elias, Peggy Smets and Kris Haveneers Yvette van Gemerden and Hugo Vijge PwC Business Advisory Services CVBA PwC Bermuda 29 Nigeria 101 Fozeia Rana-Fahy Adekunle Obebe MJM Limited Bloomfeld Law Practice Brazil 34 Norway 104 Fernando Loeser, Enrique Tello Hadad, Eduardo Urrutia Christel Reksten and Rita Cecilie Kjexrud Depassier and Aline de Oliveira Moreira Advokatfrmaet PricewaterhouseCoopers AS Loeser e Portela Advogados Panama 108 Canada 38 José A Brenes, Dolores Cadavid and Tibet Palma Janet L Bomza and Melodie Hughes Molina Anzola Robles & Asociados PwC Law LLP Peru 114 Chile 49 Jaime Zegarra Aliaga Luis Parada Dentons DLA Piper Slovenia 118 France 53 Martin Šafar and Polona Boršnak William Phillips and Barbara Moreira Law frm Šafar & Partners, Ltd PwC Société d’avocats South Africa 123 Germany 58 Stephen Marlin and Alan Seccombe Inga Mayer and Kim Allison Turner-Fehlau PwC South Africa PricewaterhouseCoopers GmbH Wirtschaftsprüfungsgesellschaft Spain 129 Ghana 63 Luisa Moreno García, José Ignacio Rodríguez Domingo and George Kwatia and Constance Assibey-Bonsu Naum Danielov Kostov PricewaterhouseCoopers (Ghana) Limited PwC Compliance Services Ireland 66 Sweden 135 Aoife Kilmurray and Lindsay Tester Patrik Nyström and Henrik Lundh Risinggård PricewaterhouseCoopers Ireland PwC Sweden Israel 72 Switzerland 140 Dan Gross and Kobi Neeman Mirela Stoia Dardik Gross & Co Law Firm PricewaterhouseCoopers SA Italy 76 Tanzania 145 Davide Marco Mangano and Paolo Lucarini Joseph Lyimo and Johnpaul Thadei PwC PwC Tanzania 2 Getting the Deal Through – Corporate Immigration 2019 © Law Business Research 2018 CONTENTS Thailand 148 United Kingdom 158 Ruengrit Pooprasert and Chotika Lurponglukana Julia Onslow-Cole, Andrea Als and Sacha Wooldridge Blumenthal Richter & Sumet PwC LLP United Arab Emirates 153 United States 163 Anir Chatterji Mark C Dey, Monika Szabo and Sheila Snyder PwC Legal Middle East LLP PwC Law LLP www.gettingthedealthrough.com 3 © Law Business Research 2018 PREFACE Preface Corporate Immigration 2019 Eighth edition Getting the Deal Through is delighted to publish the eighth edition of Corporate Immigration, which is available in print, as an e-book and online at www.gettingthedealthrough.com. Getting the Deal Through provides international expert analysis in key areas of law, practice and regulation for corporate counsel, cross- border legal practitioners, and company directors and ofcers. Throughout this edition, and following the unique Getting the Deal Through format, the same key questions are answered by leading practitioners in each of the jurisdictions featured. Our coverage this year includes a new chapter on Slovenia. Getting the Deal Through titles are published annually in print. Please ensure you are referring to the latest edition or to the online version at www.gettingthedealthrough.com. Every efort has been made to cover all matters of concern to readers. However, specifc legal advice should always be sought from experienced local advisers. Getting the Deal Through gratefully acknowledges the eforts of all the contributors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editor, Julia Onslow-Cole of PwC LLP, for her continued assistance with this volume. London August 2018 www.gettingthedealthrough.com 5 © Law Business Research 2018 PwC LLP INTRODUCTION Introduction Julia Onslow-Cole Partner, Legal Markets Leader & Head of Global Immigration PwC LLP Welcome to the eighth edition of Getting the Deal Through – Corporate At PwC, we are very aware of the challenges the increasingly Immigration. Immigration continues to dominate global news headlines. restrictive immigration landscape poses to business – both small and Business faces challenges in moving people globally, particularly for large frms globally. Having access to the most up-to-date information short-term assignments. has thus never been more important. Getting the Deal Through – Corporate The immigration debate in Europe has been dominated by Brexit Immigration remains an indispensable guide to immigration for the and the uncertainty around EU citizens living in the United Kingdom, as global mobility sector. We hope that you fnd this country-by-country well as British citizens living in Europe. In the United States, the travel and regional overview of immigration rules and changes of interest, and ban and tightening of existing immigration policies have impacted welcome you to this 2019 edition. business planning. www.gettingthedealthrough.com 7 © Law Business Research 2018 EUROPEAN IMMIGRATION – TIME OF CHANGE PwC LLP European immigration – time of change? Stephanie Odumosu and Stephan Judge PwC LLP Immigration matters go to the heart of European politics, with the free- as the internal market) that is governed by the same basic rules. These dom of movement of European nationals to live and work across the rules aim to enable goods, services, capital and persons to move freely bloc enshrined as a founding pillar of the European project. Though the about the EEA in an open and competitive environment. The EEA United Kingdom voted to leave the European Union, and negotiations includes Iceland, Liechtenstein and Norway. Citizens of EEA member are well underway, there have been no changes, as yet, with regard to states are not required to obtain a work permit to work in the entire EU the status of EU nationals in the UK, nor the status of UK membership or EEA area. of the EU at the time of writing. Freedom of movement continues to apply to EU and European Economic Area (EEA) nationals in the UK, Schengen zone as well as UK nationals across the continent. As such, Europe currently Most continental European countries, including some outside the EU, remains the only continent that is able to quickly and freely deploy its are joined into a common visa and travel area called the Schengen citizens across most of its mainland and its islands without any restric- zone. This facilitates borderless travel for tourist and business activi- tions. This chapter has been updated to address the current status of ties for non-EU nationals across all the Schengen member countries. the UK’s Brexit negotiations, as well as wider European updates with It also allows a holder of a work and residence permit in one Schengen regards to immigration matters. member state to travel – visa-free – to all other Schengen member states for tourist and business activities. EU freedom of movement Non-visa nationals can simply enter the Schengen area with their Full members of the EU, including the 2004 ‘A8’ and the 2007 ‘A2’ passports and their Schengen entitlement will be triggered upon entry. countries of eastern Europe (see table below for relevant listings), Visa nationals and so those requiring a Schengen visa will fle for this as well as the EEA, enjoy full freedom of movement of their citizens with the consular post in their home country. Schengen visas typically between each and all member countries. In other words, their citi- permit business, transit or tourist activities only and usually allow zens can choose to live and work across any of the member states. a maximum duration of 90 days within any 180-day period across Switzerland, although not in the EU or EEA, joined this free movement the member states. In other words, the traveller may only