New Immigration Law Expected To Take Effect

Term Limit exeption permits and ten year permits expected to become reality.

The Immigration (Amendment) (No. 3) Bill and its supposed "suspension" of rollover are expected to pass into effect shortly. Subject to a constitutional challenge which has been raised, the Governor's formal assent and subsequent gazetting are required before it formally becomes law. The new law will not actually suspend rollover; rather, it will create two new types of work permit, the Term Limit Exemption Permit ("TLEP") and Ten Year Work Permit. For employees who are not presently designated as key, a TLEP offers a potential limited reprieve. However they will still be rolled over upon expiry of any TLEP issued, absent substantial other changes to the legislation.

Term Limit Exemption Permits

TLEPs seek to provide only temporary respite for some employers who find themselves unprepared for expatriate employees reaching their seven year term limit, and not otherwise having lawful grounds to seek and obtain permission for their continued employment. Employers that have employees who are crucial to operations, and who they would like to keep in the long term, should continue to make applications for Key Employee designation. This remains the only way to ensure that an individual will become eligible to apply for Permanent Residence when they reach eight years.

The TLEP system will not provide...