Conversely, the foreign non resident job applicant has identified what seems to be the ideal job. With excellent academic qualifications, experience, key references, good social and interpersonal skills which will likely enhance the employer’s corporate image, culture and bottom line; the foreign non resident job applicant is seriously considering applying for this job. The job in an overseas location.

A reputable job recruitment agency maybe involved. Maybe, not.

In any event, both corporate employer and job applicant are seriously contemplating establishing an employer/employee relationship. Both are foreign. Both represent part of the reality of today’s job market. The reality is that companies often need to source foreign and non resident personnel to fill their executive, managerial or professional job openings. At times, they also need to source foreign workers for their manpower job openings.

Demand for foreign personnel

The demand for foreign personnel is worldwide. The global marketplace, intense competition, cross-border transactions, mobility and other factors are said to be driving this demand.

Many ‘immigration countries’ are aware of this and have taken steps to welcome more foreign personnel under various categories of immigrant visas.

The United States is an ‘immigration country’. Just recently, on August 28, 2006, the United States Department of Homeland Security (US DHS)/United States Citizenship and Immigration Services (USCIS) added two new employment immigrant visa classifications to its fast track processing.

Under fast track processing, known as ‘premium processing’, USCIS gives immediate attention to processing qualifying immigrant visa petitions filed by employers. They are to be adjudicated within 15 days. Among other requirements, qualifying employees must have a profession with a minimum of a bachelor’s degree; or, they must be skilled workers with a skill which requires a minimum of two years of education, training or experience. Employers are required to submit the visa petition with evidence of this, along with other supporting documents and exhibits as well as a filing fee.

‘Premium processing’ was first introduced on June 1, 2001 and it has now been extended partly because of the demand for foreign personnel.

‘Immigration countries’ constantly review their immigration laws and procedures in order to attract top notch personnel. While ‘immigration countries’ continue to welcome qualifying newcomers, other countries are positioning as new ‘immigration countries’.

‘Immigration countries’

Countries like Australia, Canada, New Zealand, the United States (US), and the  United Kingdom (UK) have long been regarded as ’immigration countries’ because of the continuous movement of foreign nationals who enter - visit, study, work, set up businesses, permanently reside and/or become citizens in these countries.

These countries have various immigration laws and visa procedures which facilitate this process. Family members may qualify to join and reunite in ‘immigration countries’.

In addition, bona fide asylum seekers and refugees have also sought and been granted ‘safe haven’ in ‘immigration countries’.

Companies in ‘immigration countries’ offer employment to foreign personnel pursuant to the various immigration laws and labour laws. These laws set out various visa categories and classifications, salary/wage guidelines, evidentiary and documentary requirements and many other requirements and procedures.

Visa renewals, changing visa classifications, visas for reuniting with family members, removals, deportations etc. are all also regulated by these laws.

New ‘immigration countries’

Global changes are now adding more countries to the list of ‘immigration countries’. Companies in these countries are increasingly faced with hiring foreign personnel because of economic growth and development. Consequently, more countries are amending their immigration laws or introducing new laws to facilitate this.

In some instances, countries are introducing laws to encourage foreign companies to come in and set up business operations.

Dubai has steadily welcomed qualified foreign personnel to work in various sectors of its economy - oil, healthcare, banking, import-export/trade, investment, etc.
Dubai has been introducing the type of immigration mechanism long associated with ‘immigration countries’. It is increasingly welcoming foreign companies and personnel.

India, Malaysia, Senegal and Singapore are also encouraging foreign companies to set up operations and are allowing these foreign companies to bring in top level personnel as well as manpower staff. 

Schengen countries are also being seen more and more as ‘immigration countries’. Foreign nationals may now visit, study, work and reside permanently in these countries and ultimately become citizens of a member country, pursuant to the immigration laws and procedures of that country.

Schengen countries include a group of European countries, namely, Austria, Belgium, Denmark, France, Germany and Norway among others, which have agreed to a common border policy and other common policies where the movement of people within the Schengen geographic area is concerned.

One of the objectives of this common border policy is to allow for the free movement of people who are the citizens of the Schengen area. The Agreement known as the Schengen Agreement was signed in Schengen, Luxembourg in 1985 and implemented in 1995.

It also permits foreign nationals who hold a Schengen visa to travel and remain throughout the Schengen geographic area for a combined period of up to 90 days over a 6-month period. Schengen member countries have reserved the right to modify this border policy where national security and other national interests are at stake.

The European Union (EU) also is being seen more and more as an ‘immigration area.’ Established by the Maastricht Treaty in 1992 at Maastricht, the Netherlands, the EU is an inter-governmental union of 25 western democracies (and growing) with the goal of a common single market, currency and customs union. The EU also has a freedom of movement border policy like that of the Schengen Agreement and EU citizens have free mobility to live and work within the EU.

EU members include Austria, Belgium, Denmark, Germany, Luxembourg, and the United Kingdom (UK) among others.

The UK maintains the pound (GBP) as its currency. It also maintains other national, economic, social and political aspects. The UK has had a long history of immigration which pre-dates its EU membership.

Under the German Immigration Act of 2005, Germany, a Schengen member and EU member, officially established itself as an ‘immigration country’.

Germany has always had foreign students and workers. At intervals, ‘guest workers’ from Italy, Greece, Morocco, Spain, Turkey and  other countries  would enter and work - usually on a rotational basis. Bona fide asylum and refugee seekers who were granted ‘safe haven’ were also permitted to remain.

Germany now has a single legislative framework which regulates German immigration.

About 5 years earlier in 2000, ‘jus soli’ became effective in Germany. A child born in Germany to foreign parents now acquires German citizenship when certain requirements are met.

Germany’s immigration law also now encourages more foreign students to enter to attend academic institutions. It also encourages IT professionals, academics, scientists, professionals, entrepreneurs and highly skilled personnel to accept an offer of employment. At the same time, it encourages foreign companies and entrepreneurs to set up a business or commercial enterprise. Relocating to Germany now offers the opportunity to reside in Germany permanently and qualify for German citizenship.

France, another Schengen member and EU member, is also welcoming more and more top notch professionals, business persons and entrepreneurs. France also continues to welcome foreign students. Its immigration policy is to attract first rate scientists, IT personnel, medical researchers, pharmacists, aviation and aerospace professionals to work, live and remain.

The Caribbean Basin

Earlier this year, Caribbean Basin countries including Barbados, Belize, Guyana, and Jamaica among others officially launched a common economic market, known as the Caribbean Single Market and Economy (CSME).

The CSME describes its main objective as the free movement of people, capital, goods and service within the geographic area of the member countries. Under certain guidelines, qualified CSME citizens can take up job offers of CSME corporate employers. CSME entrepreneurs and self employed personnel can set up business operations within the CSME geographic area. Various immigration restrictions and regulations will no longer apply to the free mobility of certain highly skilled, self employed and other designated categories within this common economic market.

This freedom of movement may likely extend to top level, highly skilled foreign personnel and certain other designated categories of foreign workers who enter the CSME region.

Immigration Concern

The immigration concern of today’s global marketplace is not so much about recruiting and relocating qualified personnel. While that often involves complex issues of immigration law and visa procedures and various legal challenges; the immigration concern is more about the realities of the global marketplace and local populations.

To many local populations, the ‘increasing swell’ in the number of foreign personnel seems almost like an overnight occurrence, which is bringing about dramatic change. The old, familiar and comfortable ways are rapidly disappearing. In place is what sometimes seems unsettling to local populations ...  new and often very busy faces, as well as new languages, mores, cultures, foods and ideas. The arrival of foreign personnel is often perceived as destroying and eroding the tried-and-true. The ‘norm’ that held generations together is disappearing and being replaced by the unfamiliar. Often, local unemployment is at a high level. This usually raises questions about the need for foreign personnel who are sometimes perceived as taking and often do take jobs which some locals could probably do with some degree of education and training.

Many foreign personnel often view local populations as stuck in a time warp - unaware and ignorant of the global realities that are at times reshaping the local situation.

They sometimes regard local populations as lacking in dynamism, dedication or drive to meet the requirements of the global job market. Some often view the local population as likely to be marginalized because of ineptitude.

Whatever the arguments of either side, balancing the realities of the global marketplace and local realities seems to be an immigration concern that is looming.

In Germany, various programmes are being introduced to welcome foreign visitors, students, personnel, new German permanent residents and new German citizens while being sensitive to the local population.

German Chancellor, Dr. Andrea Merkel is said to have identified this immigration concern and addressed it in her first policy statement to the Bundestag on November 30, 2005.

Dr Merkel’s view is that Germany’s approach should be one of integration.

Other countries that face this immigration concern will also need to address it. The demand for foreign personnel is likely to continue to increase in today’s global marketplace.
 
UudenLaw focuses on cross border transactions and immigration.  For e-consultations, contact: uudenlaw@bellsouth.net