Foreigners from non-Mercosur countries must obtain a temporary residence permit that permits them to enter and work in Argentina. Temporary residency is granted for a maximum period of up to 1 year, extendable for periods of equal or shorter terms. After 3 consecutive years as a temporary resident, foreign employees are entitled to apply for permanent residence.
Citizens of Mercosur countries can apply for temporary Mercosur residence in Argentina without the need to present a work contract to the authorities. Temporary Mercosur residence is granted for 2 years and enables the individual to work and to apply for permanent residence on expiry of the temporary residence.
Foreign nationals must apply for visas to visit, live and work in Australia. Application is through the various immigration programs and visas administered by the Australian Department of Home Affairs (DHA).
The Temporary Skills Short (TSS) visa (subclass 482) may be used by businesses to address skill shortages by engaging foreign nationals to live and work in Australia for 2 years (or up to 4 years in some circumstances) where a suitably skilled Australian cannot be engaged. (The former subclass 457 Temporary Work (Skilled) Visa no longer accepts new applications).
Nationals of the European Economic Area (EEA) and Switzerland have a right to work in Austria (with exceptions for Croatia). For other non-Austrian nationals an immigration permission and a work permit is required.
In order to legally work and reside in Bahrain, all employees except Bahrain and GCC (Gulf Cooperation Council) nationals are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity registered in Bahrain.
When an employee is only required to work in Bahrain for a short period of time, there are alternative permits and visas that may be applied for, including the 72-hour visa, 7-day visa and business visas.
Nationals of the European Economic Area (EEA) and Switzerland, in principle, have a right to work in Belgium. For other non-Belgian nationals, a work and/or residence permit is likely to be required.
Nationals of the Mercosul (Argentina, Paraguay, Uruguay, Bolivia, Chile, Colombia, Ecuador and Peru) have a right to work in Brazil. For other non-Mercosul nationals, immigration permission is likely to be required.
Canadian citizens and permanent residents have a right to work in Canada. For other non-Canadian nationals, a valid work permit will usually be required. The process for obtaining work permits is managed by Canada's federal government through Immigration, Refugees and Citizenship Canada and Canada Border Services Agency. There are special rules under the United States-Mexico-Canada Agreement (USMCA) (the new North American Free Trade Agreement (NAFTA)), which make it easier for certain categories of North American workers to work in Canada. There are also similar rules under the Tran Pacific Partnership and other similar trade agreements which also make it easier for certain categories of workers from signatory countries to work in Canada.
Foreigners on business trips do not require any special permit to do so because those activities are covered by the status of tourist. Foreigners from most countries can enter Chile for tourism purposes without a visa. Any tourism entrance is limited to a maximum of 90 days, renewable in exceptional circumstances for a similar term.
Foreigners are able to work in Chile after obtaining a proper permit from the immigration authorities which generally is easy to obtain:
- A permit to work as a tourist is required for individuals who render short term services for maximum of 90 days. This permit is given for periods of 30 days and may be extended for additional periods of 30 days.
- As of 2017, the investment promotion authority (InvestChile) has put in place a special immigration program known as "Visa Tech" under which a technology company can request a temporary work visa for a candidate, which is processed in no more than 15 business days. For other sectors, an alternative for a relatively faster process is to request a visa subject to an employment agreement in a Chilean Consulate abroad, which takes approximately 30 business days to obtain.
A Work Permit is required for any non-PRC-passport holder, except Taiwan, Hong Kong and Macao residents. Effective October 2016 in 10 locations, including Beijing and Shanghai, and subsequently, to be rolled out nationwide from April 2017, a grading evaluation for expatriate employees applies. Foreign workers are categorized into three types, i.e. high-end foreign talents, foreign professionals and foreign employees. A quota will be imposed on foreign employees who primarily engage in temporary, seasonal, non-technology or service-related work. Limitations on the number of foreign professionals are floatable to market demand, and high-end foreign talents are encouraged to work in China without any restriction on numbers.
A foreign national needs a temporary visa authorizing him/her to live and work in Colombia. Work Visas in Colombia (Migrant Visa or a Visitor Visa with a work permit) are granted for 1 to 3 years in the case of the Migrant Visa and for up to 2 years in the case of the Visitor Visa on a discretionary basis and are renewable indefinitely. After 5 years holding a Migrant Visa, it is possible to apply for a residency visa. The general rule is that the applicant themselves must file the visa application before the Ministry of Foreign Affairs in Bogotá, Colombia, or before a Colombian Consulate abroad. However, if the process is conducted before the Ministry of Foreign Affairs in Colombia, it is possible to file the visa application through a proxy.
Other visa alternatives may be available depending on the activities to be performed in Colombia by a foreign national or his or her personal situation.
Nationals of the EU, EEA and Switzerland enjoy the right to work in the Czech Republic, however employers must notify the relevant labor authority. Nationals of any other country must typically obtain a residence/work permit. Employers employing non-EU/EEA/Swiss employees must notify the relevant labor authority and comply with the given procedure.
Citizens from the Nordic countries, the European Union (EU) and the European Economic Area (EEA) and Switzerland are entitled to live and work in Denmark. However, if the employee is an EU/EEA or Swiss citizen and intends to reside in Denmark for more than three months, the employee must apply for a registration certificate at the International Citizen Service or the State Administration upon arrival in Denmark.
If the employee is a citizen of a country outside the EU/EEA or Switzerland, the employee must apply for a residence and work permit before entering Denmark.
Nationals of the European Union countries, as well as nationals of countries that belong to the European Economic Area, can work in Finland without a residence permit. Other nationals must have a residence permit or visa to be allowed to work in Finland.
Nationals of the EU, the European Economic Area (EEA), and Switzerland have the right to work in France provided they have a valid ID.
Citizens of other countries need a valid work permit.
Free movement of employees for all countries of the European Economic Area (EAA) (EU, Iceland, Liechtenstein, Norway) and Switzerland. All other nationals require a residence and work permit. Nationals of, inter alia, the US, Israel and Japan, and skilled workers enjoy favorable immigration treatment and have access to fast-track procedures.
Hong Kong, SAR
Any person who does not have the right of abode in Hong Kong and who undertakes work of any kind (whether paid or unpaid) must hold a valid employment visa (unless such person holds a valid dependent visa). Processing time is generally 6 to 8 weeks.
Nationals of the EEA and Switzerland have the right to work in Hungary without a visa or a work permit.
Third-country citizens must have a residence permit for the purpose of work before starting to work in Hungary.
The Government of India issues various types of visas for expatriates (foreigners) visiting India. A person who is not an Indian citizen who wishes to undertake any work in India must obtain a valid visa. There are 2 key work-related visas:
- Business Visa, designated as ''B'' Visa
- Employment Visa, designated as ''E'' Visa
The duration of such visas depends on the purpose of the visit and is granted at the discretion of the government. Business visas are usually granted to foreigners coming to India on shorts visits for trainings, business meetings, etc. Employment visas are granted to foreigners desiring to come to India for the purpose of employment.
If the stay in India will be for more than 180 days, the visa holder must register with the Foreigners Regional Registration Offices (FRRO) or the Foreigners Registration Offices (FRO) within 14 days of arrival.
All expatriates coming to Indonesia will need a visa and those working in the country will also need a work permit. Fines and imprisonment may be imposed on those who breach immigration requirements.
Nationals of the European Economic Area (EEA) and Switzerland have the right to work in Ireland. Other nationals require permission to work via an employment permit.
All non-Israeli citizens (except for holders of certain types of residency permits) are required to obtain a work visa from the Israeli Ministry of Interior. Companies wishing to employ non-Israeli citizens must obtain work permits and work visas for their foreign workers from the Israeli Ministry of Interior. Special rules apply to employment of Palestinian citizens.
Depending on the duration and reason of the immigration, work permits are required for anyone who is not an Italian national or EU citizen.
Foreign nationals who wish to live and work in Japan must obtain the requisite visa. Individuals are also required to have an appropriate "status of residence" (immigration status), which will determine the extent of the individual's ability to live and work in Japan.
All non-citizens must obtain work authorization prior to entering Kenya and commencing or engaging in any form of employment/business in Kenya. There are two types of work authorization, namely:
- Entry Class D permit – long term work authorization issued in tranches of 1 or 2 years up to a maximum of 5 years (Costs approx. US$4,500 per year)
- Special pass – short term work authorization issued in tranches of 1, 2 or 3 months up to a maximum of 6 months in every period of 12 months (Costs approx. US$2,000 for three months)
The Department of Immigration Services is now enforcing the 5 year limit prescribed in the law, particularly in respect of Entry Class D permits (Employment Permit). After the expiry of this period, it is expected that a local national will have been trained to take up the position. The enforcement of this policy is however on a case by case basis and a renewal application submitted post the prescribed period must set out a clear justification of why the foreign expertise is required.
When hiring foreign expertise, market testing is recommended to confirm that no Kenyan national can perform the proposed role and that the importation of foreign skill-set and expertise is absolutely necessary.
For certain professions such as legal, architecture, medicine, engineering, scientists, journalists, psychologists, actuaries, IT specialists, pharmacists, nurses etc., a foreigner must first obtain clearance and licences from the relevant regulatory body in Kenya.
In order to legally work and reside in Kuwait, all employees except Gulf Cooperation Council (GCC) and Kuwaiti nationals (who require a work permit only) are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity established in Kuwait. Non-working married women can also be sponsored for their residence visas by their husbands.
Where an employee is only required to work in Kuwait for a short period of time, short-term or temporary employment visas are available as an exception, only at a higher fee. However, there are alternative permits and visas that may be applied for, including business visit visas.
European Union (EU) citizens benefit from the right of free movement which gives them the right to work and reside in any EU country.
Nationals of the European Economic Area (EEA) and Switzerland have the right to work in Luxembourg. Third-country nationals who want to reside in Luxembourg with a view to working for more than three months will need to apply for a residence permit with authorization to work. The application must be approved by the Immigration Directorate before entering Luxembourg. However, third-country nationals who are the spouse, registered partner or child of a citizen of the European Economic Area (EEA) and Switzerland already working in Luxembourg do not require a work permit. A work permit exemption must be requested.
Foreign individuals must obtain the required pass, permit or visa from the Immigration Department.
A foreign national requires an immigration document (temporary visa) authorizing such foreign national to live and work in Mexico. Such visas are valid for 1 year and renewable for up to 4 additional periods, after which time the holder may apply for a permanent visa. It is the employer that must file a visa application with the Mexican immigration authorities.
National preference scheme. Work permits required for all foreigners with very limited exceptions.
From 1 June 2017, applications for foreigners' employment contract visas are accepted if introduced via the TAECHIR platform. The process for obtaining a work permit may be completed within a maximum of 10 days instead of 3 to 6 months as before.
Although the procedure is simplified, the certificate issued by the National Agency for Promotion of Employment and Competence (ANAPEC) (which is evidence that the position of the foreign employee cannot be occupied by a national employee) is still required.
- The employer must demonstrate that there is no skill locally available for the position by publishing job announcements in the newspapers
- The employer must obtain authorization from the National Agency for Promotion of Employment
- The employer must obtain authorization from the Ministry of Labor
To employ foreign workers, a prescribed process must be followed and the individual workers must meet set criteria in terms of skills, language, etc.
Foreign employees' contracts are usually short-term: 1 or 2 years. The labor administration rarely grants work permits for a longer period, but the work permit can be renewed if the employer demonstrates that the foreign worker is essential to the company.
In order to work in Mozambique, all foreign employees are required to have a work and residence permit. Foreign individuals who perform short assignments for periods not longer than 30 days in the same year can apply for a short-term work permit. Hiring of foreign employees has to follow the procedures and mechanisms provided by law. The procedures for hiring of foreign employees depend of the type of work permit sought. There are basically two forms by which a foreigner may work in Mozambique, namely: communication and authorization.
- The communication may take the form of:
- A work permit within the established quotas (10% for a company with up to 10 employees (small company); 8% for a company with more than 10 and up to 100 employees (mid-size company), and 5% for a company with more than 100 employees (large company). Agreements with the Government of the Republic of Mozambique may provide for special quotas different from the standard one described in the Labor Law and cited above)
- A short-term work permit for occasional short term assignments. This work permit is granted for a period of 90 days in a calendar year, which can be taken in consecutive or interspersed days according to the employer's needs. Previously the short term work permit was granted for a period of 30 days, which could be extended for two further periods of up to 30 days; now it can be applied for 90 days immediately or for a number of blocks of different length provided that the 90 day limit is not exceeded. Short-term work permits do not affect the quota
- The authorization is the proper method to be used when the quota has been exhausted and is subject to the discretion of the Minister of Labor
The National Immigration Service has administratively suspended the issuance of residence permits for work visa holders and in turn has started to extend the work visa for the same period that the residence permit allows, namely 1 year. The DIRE is still applicable for those work visa holders hired before this new instruction from October 2017.
All foreigners who work in Myanmar must obtain a business visa and may apply for a multiple-entry visa and a long-term stay permit or work permit. Pursuant to the Myanmar Investment Rules, an investor should obtain approval from the Myanmar Investment Commission (MIC) when appointing a foreigner as a senior manager, technical expert or consultant. An MIC company must submit a work permit application in advance of the appointment of a foreign expert, or within 7 days of the foreign expert's arrival in Myanmar.
Foreign employees of companies without an MIC permit/endorsement are required to obtain a business visa. A valid business visa holder intending to work in Myanmar for an extended duration must apply for a longer stay and multiple-entry visa, and may apply for a stay permit. A Foreign Registration Certificate should be obtained by foreign nationals who wish to reside and work in Myanmar continuously for more than 90 days.
Most of the nationals of the European Economic Area (EEA) and Switzerland are allowed to work in the Netherlands, although these nationals should be registered. Other nationals should have a proper visa that allows them to work in the Netherlands.
Nationals (and permanent residents) of New Zealand and Australia have the right to work in New Zealand; however, all other immigrants have to apply for one of the following visas:
- Essential Skills work visas, Skilled Migrant Category
- Work to Residence visas
- Residence from Work/Investor/Entrepreneur (various categories)
Expatriate Quota must be obtained by the employer from the Ministry of Interior Affairs to employ expatriates for up to 12 (twelve) months and above. The Expatriate Quota is waived for entities that operate within the Nigeria Free Trade Zones.
Operators within the oil and gas industry are required to obtain the prior approval of the Nigerian Content Development and Monitoring Board for the Expatriate Quota before obtaining the approval of the Ministry of Interior Affairs.
Temporary Work Visa allows an expatriate to enter into Nigeria to provide technical services for a short term (usually between 1 and 3 months). Subject to Regularization visa: entry visa issued by the Nigeria Mission in the expatriate's country of residence or domicile in the last 6 months.
Combined Expatriate’s Resident Permit and Alien's Card (Cerpac) comprises the resident permit (green card) and the alien's movement card (brown card). It is required for expatriates resident or working in Nigeria.
Cerpac provides a multiple re-entry visa facility to holders, throughout the validity its period.
Companies that have been granted the Expatriate Quota and utilize it for their expatriates are required to file monthly returns at the regulatory agencies, for the duration of their use of the Expatriate Quota.
EC or EU citizens
Foreigners from EC and EU countries, who bring an identity card or a passport, are free to take residency for up to three months. If the employee is going to stay in Norway for more than three months, the employee must make a preliminary registration online and thereafter visit a police station or the service center for foreign workers for registration. Upon completion of the registration, the employee will receive a registration certificate. The certificate is valid indefinitely (it does not need to be renewed).
Non-EC or non-EU citizens
As a general rule all citizens from non-EC and non-EU countries must have been granted a residence permit before their arrival in Norway. Petition for a working permit is directed to the Norwegian foreign station in the applicant's country of citizenship or the country in which the applicant has had a working or resident permit for the last six months. For persons with specialized skills, it is also possible to apply for a work permit after arrival.
As a main rule, the applicant must have a definite job offer for a full-time position from an employer in Norway, and the pay and working conditions must be equivalent to or better than what is settled in current tariff regulations or what is customary in the line of business.
In order to legally work and reside in Oman, all employees except GCC and Omani nationals (who require a work permit only) are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity established in Oman; or, in the case of married women, be sponsored by their husbands.
Where an employee is only required to work in Oman for a short period of time, there are alternative permits and visas that may be applied for, including business visit visas and express visas.
Philippine law allows employers to engage a foreigner to work in the Philippines, provided an employment permit is first secured from the Department of Labor and Employment. An employment permit will be issued after a determination of unavailability of a person in the Philippines who is competent, able and willing at the time of the application to perform the services for which the foreigner is desired. After issuance of a work permit, the foreign expatriate must also secure a working visa from the Bureau of Immigration.
Free movement of employees from all countries of the EU and EEA as well as Switzerland. In general, citizens of other countries require a work permit and a work visa (or other residence permit).
Nationals of the European Economic Area (EEA) and Switzerland have the right to work in Portugal. Residency and work permits are required for non-EEA/Swiss nationals.
In order to legally work and reside in Qatar, all employees except Qatari nationals (who require a work permit only) are required to have a residence visa and work permit under the sponsorship of the employer (which must have an entity established in Qatar) or the husband, in the case of a married woman. There are certain limited exceptions to this requirement.
Qatar has also introduced a permanent residence visa regime. Under this regime, foreign nationals may be granted permanent residence visas by Qatar. There are however a prescribed category of conditions foreign nationals will need to satisfy in order to qualify for a permanent residence visa. There is also a limited annual quota on the number of permanent residence visas that may be issued in any given year. This quota may be decreased or increased ultimately by virtue of the decision of the Emir of Qatar.
Where an employee is only required to work in Qatar for a short period of time, there are alternative permits that may be considered, although suitability will depend on the type of work to carried out.
Recent amendments to the Sponsorship Law in Qatar have been introduced with the intention of making it easier for expatriate workers leave the country. The new law came into effect on September 5, 2018, being one day from the date of its official publication in Qatar's official gazette. The new law abolished the requirement for an expatriate employee to obtain an exit permit from his / her sponsor of residence prior to leaving the country. There are certain exceptions to this rule. However, given this law's recent enactment, it remains to be seen how this law will be implemented by the authorities in practice. Under one of the provisions of the new law, workers will be given a route of appeal in the event that their sponsor objects to the worker leaving the country.
Nationals of the EU, the EEA (European Economic Area) and Switzerland have the right to reside and work in Romania, subject to observance of applicable legal conditions and typically subject to obtaining a registration certificate for stays of longer than 3 months. Non-EU, non-Swiss and non-EEA nationals must comply with the immigration-related requirements for entry, stay and work in Romania, with the company employing them being under various procedural obligations related to engaging foreign individuals to work in Romania.
Foreign nationals (except for citizens of Belarus, Kazakhstan, Kyrgyz Republic and the Republic of Armenia) may be employed and/or actually commence working in Russia, provided that they obtain respective migration documents (work permits, patents). Employers are also required to provide financial, medical and social guarantees in respect of their foreign employees, and must comply with general migration monitoring requirements and file notifications regarding foreign employees' travel both into and out of Russia in accordance with the statutory procedure.
GCC nationals are allowed to work in all the GCC states freely without the need for work visas. Employing non-GCC nationals requires a special type of visa issued by the employer who will become the sponsor of the non-GCC employee for all immigration purposes. Employers should be aware of the strict rules relating to the proportion of Saudi and non-GCC employees that can be employed under the Nitiqat (nationalisation) rules depending on the size of the business and sector.
Foreign nationals (ie, non-Singapore Citizens or Permanent Residents) who wish to live and work in Singapore must obtain valid work passes. There are several types of work passes which are administered and issued by the Ministry of Manpower (Employment Passes, S Passes and various Work Permits). The type of work pass required depends on the applicant's qualifications and skill-level, and on the nature of employment sought.
Free movement of employees for all countries of the EEA. An employer based in Slovakia, who employs an EU citizen, is obliged to inform the competent Office of Labor, Social Affairs and Family about the employment relationship.
In general, an employer based in Slovakia that wants to employ a third country national must inform the competent Office of Labor, Social Affairs and Family about the vacant position and intention to employ a third country national. Only where the vacancy cannot be filled by a Slovak citizen/EU citizen, may a third country national be employed by a Slovak employer. A residence permit for the purpose of employment and details of previous activity for the three years prior to the employee's application for residence permission are required.
All non-citizens must hold an appropriate work visa. Local sponsor for a work visa is generally required, and under certain categories of work visa it may also be necessary to show that no local person is capable of filling the applicant's position. Foreign nationals who overstay will be declared undesirable and their ability to apply for any type of visa thereafter, adversely affected.
Long-term and short-term general work visas are available to visit Korea for business-related purposes. 2 short-term visas are available (C-3-4 and C-4 visas), and 3 long-term visas are available (D-7, D-8 and E-7 visas). The appropriate visa type depends, among other things, on the nature of the assignment/employment and the type of employing entity located in Korea.
Special work visas (E-4, D-5 and D-9 visas) are available for foreign nationals working in highly specialized areas of expertise; and special resident visas (F-4 and F-5 visas) are available which allow a foreign national to live and work in Korea without requiring a separate work visa.
Nationals of the European Economic Area (EEA) and Switzerland have a right to work in Spain. Residency and work permits are required for non-EEA/Swiss nationals.
Nationals of the Nordic countries, most EU/European Economic Area (EEA) countries and Switzerland are permitted to begin working immediately upon entering Sweden. Most non-EU/EEA, non-Nordic and non-Swiss citizens who intend to enter Sweden to work need a work permit. When employing someone from a non-EU country, the Company must notify the Swedish Tax Authority by completing form "SKV 1160" with the name, address and employment period of the employee.
For all non-Swiss nationals, a work permit is required, but EU/EFTA citizens may generally start working as soon as the request is filed. Work permits are generally easily granted for EU/EFTA nationals but there are some restrictions on Bulgarian, Romanian and Croatian citizens. The current immigration system takes into account the global economic interests of Switzerland as well as the integration of immigrants in Switzerland. In certain circumstances and conditions, priority is granted to unemployed workers in Switzerland: employers have the obligation to notify vacant positions to regional placement centers for certain professions where the national unemployment rate is at least 8%. This threshold will be decreased to 5% from January 2020.
All foreign nationals, including Hong Kong and Macau citizens, require work permits to work in Taiwan. Chinese citizens are not considered foreigners and are subject to special rules, depending on the purpose of their stay. Companies employing foreigners are required to abide by industry, quota and credential restrictions.
A foreign person intending to work in Thailand must obtain a valid non-immigrant business (B) visa before entering Thailand and a work permit in Thailand before commencing any work.
The applicant must apply for a non-immigrant business (B) visa at the Royal Thai Embassy or Consulate before entering Thailand.
The applicant will initially be permitted to stay in Thailand for a period of 90 days. The foreign employee must leave Thailand by the expiry date or apply for an extension of stay with the Thai Immigration Bureau. A 1 year visa may be granted to an applicant whose initial non-immigrant business (B) visa has 30 days remaining. The 1 year non-immigrant business (B) visa will be granted in 2 consecutive periods of 1 month and 11 months respectively.
Where the employing company has registered capital or total current assets in excess of THB 30 million and the foreign employee's role is at management level or as a specialist, a visa extension can be requested via the One Stop Services Center.
After the work permit has been issued for one month and the 1st month of salary has been paid with tax withheld, the expatriate may apply for an extension of stay for 1 year with the Thai Immigration Bureau, and the process will be approved within one business day at the One Stop Services Center.
Once the employee has entered Thailand, a work permit application may be made. There must be 4 Thai employees for every 1 foreigner and the employer must have paid up registered capital of at least 2 million Baht per foreign employee (except where the employer obtains promotional privileges from the Board of Investment or other applicable exemptions apply). Processing the work permit application normally takes 2 weeks.
Where the employing company has registered capital or total current assets in excess of THB 30 million and the foreign employee's role is at management level or as a specialist, the work permit will be issued within one business day at the One Stop Services Center.
Foreign employees can work in Turkey once they obtain work and residence permits. 30 days after obtaining a work permit (as the work permit applications are made by the employer, this date also corresponds to the start date of the work), such expats (who are registered under the social security of a foreign country) must be registered by the employer under the social security system of Turkey, subject to bilateral social security treaties executed with the relevant foreign countries.
Immigration is highly regulated in Uganda. Expatriate employees can work in Uganda with a special pass or a work permit:
- A special pass is a short-term work authorization issued in tranches of 3 and 2 months, up to a maximum of 5 months. The Directorate of immigration is progressively phasing out special passes, and applicants seeking short-term work authorisation need to apply for the 6-month work permit.
- Work permits are issued for long-term work authorization lasting for a minimum of 6 months and maximum of 36 months. In principle, an employer will be required to demonstrate that there is no skilled employee locally available for the position, and that the foreign employee will train a Ugandan national to take over his/her position on completion of the assignment. However, for high level positions, the immigration department grants work permits without a labor testing requirement.
All applications for immigration facilities are now lodged online. For work permits, the sponsoring employer is required to register with the Directorate of Immigration and receive a unique numbered code which grants access to the e-immigration portal.
Nationals of the East African Community (EAC) are exempt from paying fees for work permits. However, EAC nationals are required to apply for work permits and undergo the evaluation process, and their work permit applications may be approved or rejected.
Employers must generally obtain work permits to hire foreign individuals. There are exceptions for special categories of individuals who may be hired without a work permit and special categories of employers that can hire foreigners without a work permit. For example, employers do not need to obtain work permits for foreign employees with valid permanent residency permits, individuals performing teaching and scientific activity in higher educational institutions, foreigners who obtained a status of refugee according to Ukrainian law, etc. Further, representative offices of foreign companies registered in Ukraine do not need to obtain work permits for foreign employees. An official card shall be obtained instead, which is a standard form document issued by the Ministry of Economic Development and Trade of Ukraine that confirms employment of a foreigner with a duly registered representative office in Ukraine.
In addition to a work permit, a foreign employee should obtain a temporary residency permit to stay in Ukraine on a long-term basis. This requirement falls on the individual and not the employer, though an employer may be required to provide supporting documents for the individual to obtain a temporary residency permit.
United Arab Emirates
In order to legally work and reside in a particular Emirate, all employees except GCC and UAE nationals (who require a work permit only) are required to have a residence visa and work permit under the sponsorship of their employer (which must have an entity established in the UAE). Alternatively, married women may work under the sponsorship of their husbands or vice versa. In the free zones, employee ID cards are issued in place of work permits. Additionally, the free zone authority, rather than the employing company, acts as the employee's sponsor.
When an employee is only required to visit or work in the UAE for a short period of time, there are alternative permits and visas that may be applied for, including business visit visas and mission visas.
The UK is expected to leave the EU on 31 January 2020 and, between 1 February 2020 and 31 December 2020, there will be an implementation period as set out in the Withdrawal Agreement Bill. Until 31 December 2020, nationals of the EEA (European Economic Area) and Switzerland will continue to have the right to work in the UK. For other non‑UK nationals, immigration permission is likely to be required. Companies wishing to employ non‑EEA/Swiss nationals may be required to register with UK Visas and Immigration (UKVI). Post‑Brexit, a new immigration regime will apply. EU nationals who are already resident in the UK by 31 December 2020 will be able to stay in the UK indefinitely and must apply for either pre‑settled or settled status under the EU Settlement Scheme (EUSS). They will have until 30 June 2021 to make their application. EU nationals who do not qualify for a status under the EUSS, and non‑EU nationals, will be subject to a new skills‑based immigration system which is expected to apply from 1 January 2021.
All employees must be legally authorized to work in the US, whether by citizenship, permanent residence (green card) status, or a valid visa (which often requires sponsorship by the employer). Within three days of the start of employment, all employees must submit materials establishing such authorization and complete a Form I-9.
Employers operating in certain industries (eg, government contractors) and in certain states may be required to use the federal E-Verify system for work authorization confirmation, though some states prohibit or limit use of E-Verify.
Non-Venezuelan nationals require immigration permission. At least 90% of the payroll in companies with 10 or more employees should be held by Venezuelan nationals. Certain job positions require engagement of a Venezuelan national (eg, industrial relations and/or personnel managers in HR, ship or airplane captains, foremen and similar positions), subject to some exceptions. Non-Venezuelan national employees may hold these job positions when:
- They have Venezuelan descendants
- They are married to a Venezuelan
- They have set up a domicile in Venezuela
- They have resided in Venezuela for 5 or more years
A valid work permit and a temporary resident card or a visa is required for foreign nationals who wish to reside and work in Vietnam for more than 90 days per year. A foreign national entering Vietnam to work without a valid work permit can be expelled from Vietnam. A work temporary resident card and a work visa will be granted based on the validity of the work permit.
Work permits are applied for by the employer, on behalf of the foreign employee, with a prescribed application form. Applications for prior written approval for a work permit can be submitted physically, via post, or electronically at http://dvc.vieclamvietnam.gov.vn/.