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Showing posts with label Blue Card. Show all posts
Showing posts with label Blue Card. Show all posts

Saturday, January 8, 2011

Stamp 4

Stamp 4 refers to the stamp number, or immigration status, given to an individual with permission to reside in Ireland. It indicates that the person is entitled to work without a work permit.It is issued to people on work visas/work authorisations, to the spouse of an Irish citizen, to the spouse of an EU citizen (Stamp 4 EUFam), to refugees, to people with Irish Born Child residency and those with long-term residency status. Once a person has been granted Stamp 4 status by the Irish Department of Justice and Law Reform, he or she is to report to their local Garda National Immigration Bureau in order to receive the physical card, or "Certificate of Registration". The card shows the holder's Stamp 4 status, as well as their photograph and other personal details. The Stamp 4 card is proof of the person's Stamp 4 status and should be shown to employers when evidence of the person's Stamp 4 status is needed.


EU Directive 2004/38/EC

Family members of EEA nationals exercising Treaty rights in Ireland in accordance with EU Directive 2004/38/EC, who are not themselves EEA nationals, are required to apply for a "Residence Card of a family member of a Union citizen", as described in Article 10 of the Directive. In Ireland, applications for the Residence Card, are made on form EU1 and sent to the EU Treaty Rights Section of the Department of Justice. Article 10(1) of the Directive requires that such applications are processed within six months of submission. Once processed, a letter is sent to the applicant, instructing him or her to visit their local Garda National Immigration Bureau (GNIB), in order to receive their Residence Card. The Residence Card comes in the form of a "Certificate of Registration" like any other issued by the GNIB, however a crucial distinction is made in that "Stamp 4 EUFam" is printed as the stamp number. This serves to confirm that the holder is a family member of an EEA national who is resident in Ireland in accordance with Directive 2004/38/EC. The Residence Card is valid for five years.

Certificate of Registration

Stamp 4 EUFam Residence Card
Certificate of Registration issued by the Garda National Immigration Bureau in Ireland. This particular Certificate of Registration is a "Residence Card of a family member of a Union citizen", as evidenced by "4 EUFam" printed in the "Stamp No:" field. Although this Certificate of Registration is also a Residence Card for the purpose of EU Directive 2004/38/EC (Article 10), all non-EEA nationals resident in Ireland receive a similar card (Certificate of Registration), which displays their own stamp number, in place of "Stamp 4 EUFam". The stamp numbers are 1, 1A, 2, 2A, 3, 4, 4 EUFam, 5 and 6.

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Highly Skilled Migrant Programme

The Highly Skilled Migrant Programme (HSMP) was a scheme, which has now been phased out, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It was different from the standard UK work permit scheme in that applicants did not need a specific job offer in the UK. It has now been replaced by Tier 1 (General) of the new points-based immigration system.

History

The Highly Skilled Migrant Programme was introduced on 28 January 2002.The scheme was significantly changed in two ways. First, with effect from 3 April 2006 (Immigration rule change - HC 1016) HSMP visa holders who were previously guaranteed settlement after four years now had to wait five years before applying for ILR. Secondly, on 7 November 2006 (with changes taking effect from 8 November 2006), with a points-based assessment for new applicants and those wishing to extend their stay (FLR) being introduced. This prompted protests, with many HSMP visa holders fearing that the retrospective nature of the changes will force them out of the UK, and the joint House of Commons and House of Lords Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation and finding that the case to revisit the retrospective nature of the changes was "overwhelming". The application of these HSMP changes to those already in the UK as HSMP holders as at 7 November 2006 was ruled as unlawful in a judicial review  and the UK Border Agency subsequently honoured the FLR outcome of the judicial review, implementing a remedy which allowed impacted migrants, including those who left the country, to apply to have leave under the new points-based UK immigration system instated in place of their lost HSMP leave.

HSMP replacement: (Tier 1 General)

The HSMP has been replaced by Tier 1 (General) of the new points-based immigration system.The system remains similar to the previous HSMP system, with additional points required for Maintenance/Savings, and additional points for English language ability.

HSMP and ILR

HSMP Forum won the ILR Review on 6 April 2009 and according to the High Court Decision the HSMP visa holders who were admitted under the HSMP scheme before the April 2006 changes, will now get the ILR after 4 years as originally promised to them as per the terms valid at that time but the HSMP visa holders who admitted after April 2006 changes, will get ILR after 5 years as per new terms.

Points system

The HSMP system was a points-based immigration scheme, requiring a minimum of 75 points to qualify. From 8 November 2006 until closure points were awarded for educational qualifications (maximum of 50 points), past earnings based on a country banding system (45), age (20) and UK experience (5). Applicants also had to demonstrate English language ability and that they had sufficient funds to maintain themselves in the UK.


(source:wikipedia)

Work permit (United Kingdom)

The UK Work Permit scheme was an immigration category used to encourage skilled workers to enter the United Kingdom (UK) up till November 2008,when it was replaced by the points-based immigration system. It provided an opportunity for overseas citizens seeking to gain valuable international work experience in the UK and was often used to enable UK employers to transfer key personnel to the UK from outside the European Economic Area (EEA) region.
A valid job offer from a viable employer in the UK is a requirement for a work permit. A UK work permit is granted to a specific person for a specific role within a specific company and the permit holder must be able to accommodate and support themselves and any dependants without recourse to public funds. The application for a work permit must be made by the sponsoring company. The Highly Skilled Migrant Programme may be available to potential immigrants without a job offer.
A work permit holder can apply for their dependants to join them in the UK, and their dependants will be able to work in the UK without restriction.
In order to change employer, a prospective employer will need to apply to the UK Border Agency to transfer the work permit prior to starting work with the new employer.

Eligibility

Duration
A work permit can be issued for any period of time between 1 month to 60 months. The duration of the work permit is dependent on the length of time requested by the sponsoring company, and is also at the discretion of the Home Office. A permit holder will be "locked-in" to their employer for the duration of the visa. Moving to another employer requires another application to be made.

Position
The position for which the work permit is required must meet National Vocational Qualification (NVQ) level 3 and above. For work in a certain professions, registration with the governing body of that profession may be required. For example doctors must be General Medical Council (GMC) registered.

Education
Eligibility for a work permit requires:
A degree; or
A Higher National Diploma (HND) level qualification which is relevant to the position on offer; or
An HND level qualification which is not relevant to the position on offer plus one year of relevant full time work experience at NVQ level 3 and above; or
No degree and three years of relevant experience.

Additional information

Entry clearance/leave to remain
Once a work permit has been authorised it is the responsibility of the work permit holder (not the employer's responsibility), to apply for the correct leave in order to validate the work permit. This would be in the form of either a Leave to Remain application (if eligible to switch in the United Kingdom) to the United Kingdom Home Office, or an application for entry clearance (if overseas) to the nearest British High Commission/Embassy in the country of the worker's legal residence.

Shortage occupations
If the position for which the prospective employer is seeking a work permit is on the shortage occupation list, there is no requirement for the employer to meet the advertising criteria set by Work Permits (UK). Otherwise the employer will need to advertise for the position in a government accredited place - a broadsheet paper, online etc. This advert will have to be 'live' for a set period of time and the employer will have to prove that the applicant is the most qualified for that position.
The work permit shortage occupations list contains jobs within the engineering, healthcare, and other professions.

Spouse/civil partners
A work permit holder's partner may apply for entry clearance as a dependant on the work permit provided that they are either married or have entered into a civil partnership. The permit holder and their partner must demonstrate that they intend to live together in the United Kingdom and that a marriage or civil partnership subsists.
The partner of a work permit dependant visa holder will eligible to seek and take employment in the United Kingdom.

Developments under the points-based system

During the third quarter of 2008, the Work Permit scheme was scrapped and it became part of Tier 2 of the new points-based immigration system, the tier for skilled workers. Tier 2 also replaced the existing provisions for ministers of religion, airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Training and Work Experience Scheme (TWES), Jewish agency employees, and overseas representatives (news media).


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Blue Card (European Union)

The Blue Card aka Blue European Labour Card is an approved EU-wide work permit (Council Directive 2009/50/EC) allowing high-skilled non-EU citizens to work and live in any country within the European Union, excluding Denmark, Ireland and the United Kingdom, which are not subject to the proposal.The term Blue Card was coined by the think tank Bruegel, inspired by the United States' Green Card and making reference to the EU flag which is blue with twelve golden stars.
The Blue Card proposal presented by the European Commission offers a one-track procedure for non-EU citizens to apply for a work permit, which would be valid for up to two-years, but can be renewed thereafter. Those who are granted a blue card will be given a series of rights, such as favourable family unification rules. The proposal also encourages geographic mobility within the EU, between different member states, for those who have been granted a blue card. The legal basis for this proposal is Article 63(3)(a) and (4) of the Treaty of Rome, which states that the Council shall adapt measures on immigration policy concerning “conditions of entry and residence and standards on procedures for the issue by Member States” and measures “defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States”.

Proposal

The blue card proposal was presented at a press conference in Strasbourg on the 23rd of October, 2007, by the President of the European Commission José Manuel Barroso and Commissioner for Justice, Freedom and Security Franco Frattini. Barroso motivated the proposal with the EU’s future lack of labour and skills, the difficulty for third country workers to move between different member states for work purposes, the conflicting admission procedures for the 27 different member states, and the "rights gap" between EU citizens and legal immigrants. The proposal was presented along with another proposal, COM(2007)638, which includes a simplified application procedure and a common set of rights for legal third-country workers.

]International Reaction

Shortly after the proposal was presented, it received heavy criticism. South African Minister of Health Manto Tshabalala-Msimang pointed to the fact that several African countries already suffer from the migration of skilled health workers and said that this proposal might worsen the situation. Moroccan international economic law professor Tajeddine El Husseini went further, saying that this "is a new form of colonisation, of discrimination, and it will be very hard to find support for it among southern countries".

Approval

On 20 November 2008 the European Parliament backed the introduction of the blue card while recommending some safeguards against brain drain and advocated greater flexibility for EU Member States.Many of these suggestions, though, were ignored in the subsequent legislation which was passed on 25 May 2009. Some compromises were made, as "Member States to set quotas on Blue Card holders or to ban them altogether if they see fit." The Blue Card rules also could run into problems with the European Permanent Residency Directive.

Implementation

Three and a half years after it was supposed to be put into effect, some Member States (such as Spain and Belgium) have yet to fully enact the law or give the rights promised in the directive." Already, think tanks have presented ideas designed to supplement the Blue Card and its weaknesses.


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Work permit

Work permit is a generic term for a legal authorization which allows a person to take employment. It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some jurisdictions require a permit in order to legally work due to Child Labor laws.




Work Permits in the 

Currently, every EU country has a different process for granting work permits to nationals of non-EU countries. To address this issue, the European Commission began work in 1999 on developing an EU-wide process for the entry of non-EU nationals into the work force. In October 2007, they adopted a proposal to introduce a work permit similar to the United States' "Green Card" program, called the "Blue Card". It is similar to the UK's Highly Skilled Migrant Programme, with the exception that it will require an employment contract in place prior to migration. After two years in the first country, the migrant will be allowed to move and work in another EU country, and can sum the number of years spent in the EU for purposes of residency. This new card will abolish work permits across the EU and centralize the issuing from Brussels. 

Work Permits in the United Kingdom

Main article: Work permit (United Kingdom)
There are seven standard ways to apply for a work permit in the United Kingdom: the Business and Commercial Arrangements, the Training and Work Experience Arrangements, the Sports people and Entertainers Arrangements, Student Internships, GATS, Ancestry Visa and the Sectors Based Scheme. Each of these involves its own application process, and generally requires a job offer from a UK employer. The UK has stopped accepting work permits in many other categories.
There is also a scheme for nationals of select countries to work in the UK as Au Pairs. This scheme is only for nationals of European Economic Area countries don't need a permit to au pair in the UK.
The UK work permit system is currently being replaced by a new points-based immigration system.

Work Permits in Singapore

In Singapore, the work permit process is managed by the Ministry of Manpower. There are several kinds of work permit, and the type awarded generally depends on the salary range of the job. The "R Pass," or "Work Permit," is for foreigners who make less than $1,800/month. To employ a work permit holder, the employers are subjected to work permit conditions and the employment of foreign manpower act.
In ensuring an efficient process, the Ministry of Manpower has introduced an internet platform for work permit transactions. With the internet portal, the Ministry is able to process the work permit applications within one working day.
The "S Pass" is for foreigners who make more than $1,800/month. To be eligible, the applicant must achieve a minimum score on a points-based application. It takes into account salary, skills (including education), work experience, and the type of job being applied for.
The Q Pass is for foreigners making $2,500 or more per month, with recognized qualifications or work experience. The P2 Pass is for foreigners making $3,500 to $7,000 per month and possesses recognised qualification, and foreigners making more than $7,000 per month are eligible for the P1 Pass.

Employment permits for minors

In states of the US, a work permit must be obtained by a teenager wishing to procure employment. Similar to national work permits, the idea is that someone has a limited right to work.
In some states, for example New Jersey, permits are only required for minors 14 and 15 years old, while others such as Massachusetts require, at least in theory, work permits for all minors up until they turn 18 years of age. In states that require permits for 16 and 17 year olds, enforcement is not always strict, although sometimes it is. Permits are usually issued through the school system the minor attends, and typically at a minimum, enrollment in high school with regular attendance (no chronic absenteeism, tardiness, or truancy) is required as a condition for obtaining the permit. Some states such as New York and Indiana require high school students with part time jobs to maintain a certain grade point average. Minors who are working are usually restricted in the number of hours each day or week they are permitted to work as well as the types of jobs they may hold.

See also



(source:wikipedia)