Immigration And Global Mobility Update / April 2021

• Published date: 13 April 2021
• Subject Matter: Immigration, Coronavirus (COVID-19), General Immigration, Government Measures, Employment and Workforce Wellbeing
• Law Firm: lus Laboris
• Author: Ius Laboris

Every 2 months, our experts from around the world put together an Update on the law on immigration & global mobility, setting out recent changes to the law. See our Update for April 2021, with new rules for 22 countries.

Argentina

Update on COVID-19 restrictions on travel

Argentina's borders will remain closed until 9 April 2021 inclusive for non-resident foreign nationals.

Administrative Decisions (2252/2020, 2/2021, 44/2021 and 268/2021 issued by the Chief of the Cabinet of Ministers) have amended the rules on travel and quarantine in Argentina.

Until 9 April 2021 the following applies:

1. The pilot test for tourism from neighbouring countries (introduced by Administrative Decision No. 1949/20) remains suspended.

2. Authorisations that had been granted for direct flights on air routes from and to the UK and Northern Ireland, Brazil, Chile and Mexico are suspended for passengers. The Decisions also provide that the Ministry of Transport (through the National Civil Aviation Administration) may expand the list of countries on prior intervention by the national health authority.

3. Authorisations that had been granted for entry and exit through authorised border crossings are suspended. All land border crossings are temporarily closed.

4. Until 9 April 2021, the following categories of people are authorised to enter Argentina:

• carriers or crew members of any nationality;
• nationals and residents of Argentina;
• foreign nationals expressly authorised by the National Directorate of Migrations to carry out a work or commercial activity; to fulfil an official diplomatic mission; to participate in sporting events, or for family reunification with Argentines or residents;
• foreign nationals declared to be in transit to other countries who will remain at the international airport for less than 24 hours.

Conditions for entry to Argentina

1. Electronic Affidavit for entering Argentina

All travellers must submit an Electronic Affidavit. It is available on the official site of the National Directorate of Migrations (www.migraciones.gob.ar) and must be completed 48 hours before boarding.

2. PCR tests

All travellers must take a diagnostic test 72 hours prior to international travel and receive a negative result for COVID-19 to present with the Electronic Affidavit.

3. Quarantine

All travellers must carry out a COVID-19 test upon arrival in the country and another on the seventh day of entry as a condition of completion of mandatory isolation. Those who test positive must then take a PCR test.

Additionally, those who have a positive result and their 'close contacts' must comply with mandatory isolation in the places provided by the national authorities at their own expense, until a safe transfer to their place of residence is carried out, if applicable.

Those who test negative upon arrival, must comply with mandatory isolation for seven days at the address reported for this purpose in their electronic affidavit.

mandatory isolation will only be completed with a second negative test carried out seven days after landing.

The cost of PCR test upon arrival and PCR test for genomic sequencing must be borne by the person entering the country.

4. Other and local conditions

Other requirements relate to special traveller insurance for non-resident foreign nationals, the use of the CUIDAR app for Argentinian nationals or residents or for foreign nationals, the requirements of local destination jurisdictions in Argentina and the strict control of these measures by local jurisdictions.

The national health authority may adapt the requirements to the evolving epidemiological situation.

COVID-19 update on consular procedure and immigration

The suspension of consular visa applications remains in force until further notice. Argentine Consulates abroad are only authorised to issue transitory or temporary visas with a special authorisation from the Immigration Office.

The National Directorate of Migrations has arranged to extend the validity of provisional, transitory, and temporary residence permits that expired between 17 March 2020 and 22 March 2021 for an additional 30 days.

Austria

Amended requirements regarding COVID-19-related entry to Austria

The new Entry Regulation, which became effective on 1 April 2021 and is (currently) applicable until 31 May 2021 introduced substantive amendments for commuters (who enter Austria for occupational or family purposes or for school or academic activities) regarding the entry to Austria during the COVID-19 pandemic.

• Covid tests of commuters are considered 'valid' for seven days from the date of the test collection, if the entry is from an EU/EEA state or from Switzerland, Andorra, Monaco, San Marino or the Vatican and if this state is not listed in Appendix B (countries with a high COVID-19 risk). The person entering Austria must be able to credibly prove that s/he has not stayed in a state or territory listed in Annex B or in any other state or territory as defined in s5 of the Regulation (i.e. all states other than EU/EEA states, Switzerland, Andorra, Monaco, the Vatican and San Marino) within the ten days prior to entry.
• If the entry is from a state or territory listed in Annex B or from another state or territory in s5 of the Regulation COVID-19 tests are only considered 'valid' if taken not more than 72 hours prior to entry.
• The electronic registration ('Pre-Travel Clearance') must be carried out every 28 days for commuters (if personal data changes, a new registration must already be carried out during this period).

New list of privileged immigration professions for 2021

In general, third-country nationals who intend to work and live in Austria for a period exceeding six months must achieve a certain minimum number of 'points' in a special Federal system awarding points according to special qualifications and skills, work experience, language skills and age.

However, for certain occupational groups, the generally required minimum number of points is reduced to simplify immigration of well-qualified key workers to Austria since the relevant long-term labour requirements are not covered by the available workforce in Austria. A list of privileged occupational groups is issued every year by the competent Federal Ministry. 45 occupations are now listed for 2021, including the following occupational groups:

• heavy current engineering, mechanical engineering, light current engineering, communications engineering;
• technical chemistry, data processing;
• locksmiths;
• emergency vehicle mechanics;
• medical doctors and certified health care and nursing staff etc.

In addition, there are federal state-specific occupation lists for seven federal states in Austria, considering regional specifics.

Implementation of the Posted Workers Directive in the construction industry

The Austrian legislator has implemented the Posting of Workers Directive (2018/957), however, only for the construction industry. This became effective from 1 April 2021.

'Non-genuine' postings, i.e. the employment of workers with their usual place of work in Austria, if the employment is exercised for an employer with its registered office outside Austria (this definition is not set out in the Posted Workers Directive, therefore 'non-genuine'), and fictitious postings will be covered by all areas of the Austrian Construction Workers' Leave and Severance Pay Act (Bauarbeiter-Urlaubs- und Abfertigungsgesetz).

This means employers domiciled outside of Austria have to pay surcharges for public holidays in winter (due to the frequent interruption of employment, construction workers often do not enjoy winter public holidays, e.g. 25 and 26 December, therefore employers must pay a surcharge), for the calculation of the bridging allowance as well as for severance pay.

Furthermore, more favourable CBA regulations will apply to long-term postings. If the posting or supply of workforce exceeds 12 months, the labour law standards laid down in the CBA will apply in full to these employment relationships, where they are more favourable than the corresponding standards in the posting country. The CBA to be applied is the one that applies to comparable employees of comparable employers at the posted employees place of work. If the employer submits a notification in German or English containing a statement of reasons (specific requirements for this are not provided for in the Directive; we assume that it would be reasonable to argue that the service could not be performed within 12 months and why), the period after which the more favourable CBA provisions apply will be increased to 18 months.

Furthermore, new provisions have also been introduced into the Austrian Construction Workers' Bad Weather Compensation Act for postings or assignments lasting more than 12 months (or 18 months if a justification is provided). If an employee is posted or transferred to Austria on a long-term basis, s/he will be entitled to at least 60% of regular wages in the event of a work interruption due to bad weather which would otherwise lead to a loss of wages.

Belgium

Business immigration: new rules in the Flemish Region from 1 March 2021

The most important changes for the employment of non-EEA/Swiss nationals in the Flemish Region are set out below.

Modification to conditions for legal residence

Third-country nationals can only file an application for a single permit in Belgium when already in Belgium on a legal short stay or a long stay as a student or researcher. Other categories of third-country nationals in long stay (such as sponsors for family reunification) are no longer able to file an application for a single permit in Belgium and must file their application in the country where they are legally residing.

Work permit for a period of maximum 90 days within a period of 180 days

Before, third-country nationals could...