Global Alerts – Ghana, Ireland, Italy, Malaysia, and Singapore

GHANA – Enforcement of Company Obligations
Effective Monday 1 August 2016 the Ghanaian Registrar of Companies will enforce financial penalties for any local entity that has not filed Annual Returns or renewed their company partner registration. These penalties will apply until 31 December 2016 when any companies that are not up to date will be removed from the Registry.
Companies registered with the Registrar General’s Department before October 2011 are also now required to re-register with the Registry by the end of this year (31 December 2016) or risk being deleted from the records thereafter.
Background
All companies are required by the Companies Act to file their first Annual Return within eighteen months of incorporation and once every year thereafter. The Incorporated Private Partnership Act also requires that company partners submit a statement renewing the registration of their partnership once every year. These requirements are now being enforced more vigorously.
The RGD has also requested all companies incorporated and registered in Ghana prior to October 2011 to re-register as part of an ongoing e-Government Project which seeks to network the RGD and the Ghana Revenue Authority for the purposes of operational efficiency and effectiveness. This process usually takes three weeks.
Applicable Penalties
Fines of up to 300.00 Ghanaian Cedi (approximately $76 USD) will apply per day that the company is not current with registration or annual return reporting, starting 1st August 2016, and the entity name will be erased as of the beginning 1st January 2017 if no action is taken.

IRELAND – Recent Immigration Developments
The Department for Jobs, Enterprise and Innovation (DJEI) has announced that a new online employment permit application system will be implemented in September 2016.
In addition, effective 2 August 2016, there are several amendments to the regulations applying to employment permit applications, including further changes to the highly skilled Eligible List and Ineligible List.
The Irish Naturalisation and Immigration Service (INS) has announced that its long-awaited new online appointment booking system for GNIB registrations is expected to launch in late August.
Finally, Ireland’s Department of Foreign Affairs has announced that the passport renewal process will be digitized from early 2017.
Upcoming Employment Permits Online System
The new Employment Permits Online System (EPOS) for the Department of Jobs Enterprise and Innovation (DJEI) will be implemented for Employment Permits in September 2016, although a specific date has not yet been announced.
Once rolled out, employment permit applications and submission of supporting documentation can be made online via EPOS along with payments of fees (where applicable) by credit/debit card through a secure payment gateway.
 
DJEI claims that EPOS will offer:
  • An intuitive online user experience.
  • Ease of application completion with help information and relevant mandatory fields.
  • Mandatory documentation identified per permit type with help information.
  • Fast turnaround of applications.
  • DJEI is asking applicants to delay submitting new applications for employment permits during the month of August 2016, stating that applications can then be submitted online in “early September”.

Legislative Amendments for Employment Permits

The DJEI are introducing several changes to the legislation effective 2 August 2016:

  • The minimum period a Trainee under the Intra-Company Transfer Employment Permit Scheme is required to be in the employment of a foreign employer is reduced from 6 months to 1 month.
  • Clarification on information to be submitted by employers who use the SEPA Direct Debit online facility to make returns to Revenue Commissioners.
  • Where an application is made in respect of an occupation listed in Part C, Schedule 2 a copy of the foreign national’s registration with, or recognition of their qualifications by, an appropriate regulatory body or Minister listed in Part C is required to be provided with an application for grant or renewal of an employment permit.
  • Where an application is made in respect of accountants working in MNC Global Audit Services, a copy of the foreign national’s registration with the American Institute of Certified Public Accountants (AICPA), the Philippine Institute of Certified Public Accountants (PICPA) or the Institute of Chartered Accountants of Pakistan (ICAP) is required to be provided with such applications.
  • Clarification provided that in in order to be eligible for an employment permit as an executive chef, head chef, sous chef or specialist chef each must be specializing in non-EEA cuisine.
  • New employment permit application forms incorporating these changes will be made available from the Department shortly.
  • Changes to the Highly Skilled Eligible Occupations List (HSEOL) and Ineligible Categories of Employment List (ICEL).
  • The following occupations, which are in short supply, have been added to the Highly Skilled Eligible Occupations List (HSEOL): Paramedics; respiratory physiologists; accountants working in MNC Global Audit Services, and tax consultants specializing in non-EEA tax consultancy.
  • The following occupation, which are in short supply, has been removed from the Ineligible Categories of Employment List (ICEL): Legal associate professionals who are fluent in the official language, apart from English, of a state which is not a Member State of the EEA and who have market knowledge of the non-EEA state.
  • Applicants should ensure that a Labour Market Needs Test in respect of a vacancy for such a legal associate professional does not commence before 2 August 2016.
Appointment System for GNIB registration in Dublin
In line with the online appointment system for re-entry visa applications, introduced last September, the Irish Naturalisation and Immigrations Services (INIS) have announced that they will be introducing an appointment system for applications for registration of residency at the Garda National Immigration Bureau (GNIB) office in Burgh Quay, Dublin. The new system is expected to launch in late August and will offer appointments for early September.
At that point, the existing early morning ticketing system at the Burgh Quay office will end and all appointments will have to be made via the website. It will no longer be possible to make an appointment by queuing at the office.
Irish Passport Renewal Process
Ireland’s Department of Foreign Affairs has announced that the passport renewal process will be digitized from early 2017. The new system should reduce paperwork and streamline the renewal process.

ITALY – Family Reunion Extended to Same-Sex Spouses
The Ministry of Internal Affairs has finally provided clarity on the impact of the recent law recognizing same-sex unions on immigration provisions.
On 5 August 2016 the Ministry issued a circular confirming that, under Law no. 76/2016, which took effect on 5 June 2016, the foreign national same-sex spouse (legally registered as such) of a foreign national living in Italy is now eligible to obtain a work permit for family reasons under the same conditions as different-sex spouses.
Documentary evidence of the civil union – in Italy or abroad – will be required to ascertain that the civil union is effectively and legally registered.
Background
Clause 20 of the new law establishes that – whenever in legislation, administrative acts and collective agreements there is any reference to marriage, or the words “coinage” (spouse) “coniugi” (spouses), or equivalent terms – the provisions are to be applied to same-sex civil unions as well.
As a consequence, whenever there is reference to “coinage” (spouse), “moglie” (wife), “marito” (husband), and “sposo” (husband) in immigration law, the provisions are extended to same-sex couples who have entered into a legally registered civil union.

MALAYSIA – Expatriate Services Division Requires Employment Pass Approval Before Entry

 

Effective 1 August 2016, the Expatriate Services Division (ESD) of the Immigration Department of Malaysia (MID) requires that all Employment Pass (ED), Professional Visit Pass (PVP), Dependant Pass (DP) and Long Term Visit Pass (LTVP) applicants must obtain an approval letter before entering Malaysia. The approval letter must be produced at the port of entry in Malaysia for verification by the immigration authorities.
Currently, applicants for these passes are allowed to travel to Malaysia as visitors while waiting for their pass application to be approved. This will no longer be permitted and any applicants who enter the country before the approval is issued will need to exit and re-enter following approval of their application.
In addition, Employment Pass III applicants in certain sectors (construction, mining and manufacturing) who are nationals of certain countries (Bangladesh, India, Pakistan, Sri Lanka, Indonesia, Nepal, Laos, Myanmar, Cambodia, Vietnam, Thailand, Philippines, Turkmenistan, Kazakhstan and Uzbekistan) are now required to undergo a medical test at a FOMEMA (Foreign Workers Medical Examination Monitoring Agency) panel clinic in Malaysia.
Background
The ESD is one of the agencies which issue Employment Passes for foreign nationals in Malaysia. Malaysia Digital Economy Sdn Bhd (MDEC) processes Employment Passes for Information Communication Technology (ICT) companies and companies registered for Multimedia Super Corridor Malaysia (MSC Malaysia). MDEC is expected to announce that it is implementing a similar requirement to obtain an approval letter before entering Malaysia in the next few weeks.
The Employment Pass III is a category of Employment Pass which is exempt the usual minimum salary rule, valid for only 12 months, and with fewer benefits.

SINGAPORE – Upcoming Higher Minimum Salary Requirement for Employment Pass Applications  

The Ministry of Manpower (MOM) in Singapore has announced an increase in the minimum qualifying salary for Employment Pass (EP) applications, with effect from 1 January 2017.

What is the Change?
From 1 January 2017, the qualifying monthly salary for Employment Pass (EP) applications will be raised from SGD$3300 to SGD$3600. Those with more years of experience are required to command higher salaries commensurate with their work experience and skill sets, as per current practice.
The previous update to the minimum monthly EP qualifying salary was in January 2014, from SGD$3000 to SGD$3300.
Grace Period for Existing EP Holders
  • Existing EP holders whose passes expire before 1 January 2017 will be able to renew, for a duration of up to three years, based on the existing EP criteria.
  • Existing EP holders whose passes expire between 1 January 2017 and 30 June 2017 (both dates inclusive) will be able to renew, for a duration of one year, based on the existing EP criteria.
  • Existing EP holders whose passes expire from 1 July 2017 onwards will have to meet the new criteria for renewal.