Category: News

  • Government Announces Immigration Plans for No Deal Brexit

    New border controls that will make it harder for serious criminals to enter the UK will be introduced in the event of a no deal Brexit, the government has announced today (4 September).

    In a move signalling the end of free movement in its current form, a tougher UK criminality threshold for EEA citizens will be applied in order to keep out and deport those who commit crimes.

    The changes will be introduced alongside a new European Temporary Leave to Remain scheme (Euro TLR) for EEA and Swiss citizens and their close family members. Citizens of those states moving to the UK after we have left the EU and up until the end of 2020 will be able to obtain a temporary immigration status lasting 3 years. This will give businesses certainty that they will be able to recruit and retain staff after Brexit.

    Home Secretary Priti Patel said:

    On 31 October, we will leave the EU come what may.

    Introducing tougher checks and ending free movement as it currently stands will allow us to take the first, historic steps towards taking back control of our borders.

    In the future, we will introduce a new points-based immigration system built around the skills and talent people have – not where they are from.

    Further measures to be introduced after 31 October 2019 include:

    • removing the blue EU customs channel, requiring all travellers to make customs declarations by choosing the red or green channel
    • introducing blue UK passports later this year
    • removing the rights to permanent residence under retained EU law for those who arrive after Brexit

    After 31 October 2019, EU citizens will still be able to come to the UK for visits or short trips. They will be able to apply for Euro TLR if they wish to stay beyond 31 December 2020.

    Applications for the scheme will open after the UK leaves the EU and will involve a simple online process and identity, security and criminality checks. EU citizens will receive a digital status lasting three years entitling them to work and rent property during this period. EU citizens wishing to stay on in the UK after their temporary status expires will need to make a further application under the new points-based immigration system.

    Employers and landlords will not be required to distinguish between EU citizens who arrived before and after exit until the future immigration system is introduced from 2021.

    For EU citizens who are living in the UK by 31 October 2019 and their families, they have until at least 31 December 2020 to make an application to the EU Settlement Scheme.

    On 15 August, the Home Office confirmed that over 1 million people had been granted status through the Scheme. There is a wide range of support available over the phone, email and in-person, including a dedicated Settlement Resolution Centre, to help people to apply.

     

    Source: gov.uk
    Published: 4 September 2019

  • Germany Eases Citizen Rules for WW2 Refugee Descendants

    Germany has enforced two decrees to help families of people who fled the Nazis to take up German citizenship, after a challenge by British descendants of Jewish refugees.

    Although anyone deprived of citizenship by the Nazis is entitled to have it restored, hundreds of applicants have fallen foul of exemptions in the law.

    Germany’s interior minister said it had to live up to its responsibilities.

    The UK’s planned exit from the EU has led to an increase in applications.

    As recently as 2015, only 43 descendants of Nazi refugees had applied for German citizenship, but that number swelled to 1,506 in 2018. Most, but not all, are of Jewish heritage.

    Why did Germany turn people down?

    Earlier this month, the BBC spoke to several people who had fought for German citizenship for years.

    Sally Morgan said she had been rejected because her request was based on her mother being German, and not her father. For years, a child born to a married couple could only apply if their father was German, not their mother. The law was changed but only dated back to 1953.

    Jacqueline Boronow-Danson had tried for five years to obtain citizenship but said she had been turned down as she was adopted.

    Under under Article 116 of Germany’s Basic Law, anyone who had their citizenship taken away during the 12 years of Nazi rule from 30 January 1933 to 8 May 1945 “on political, racial, or religious grounds may have their citizenship restored”.

    But there were several exclusions. Some applicants were turned down because they had lost their citizenship before officially having it removed by the Nazis under the Reich Citizens Act of 25 November 1941.

    What has changed?

    Two interior ministry decrees have come into effect that now mean descendants of women who lost their citizenship are eligible for restoration as well as children whose parents were unmarried when they were born.

    “Germany must live up to its historical responsibility towards descendants of German victims of National Socialist persecution who have been deprived of citizenship rights,” said Interior Minister Horst Seehofer. “This applies particularly to those whose parents or grandparents were forced to flee abroad.”

    Descendants from the second, third and fourth generation, and “in some cases even [the] fifth generation” can apply, the interior ministry said.

    Requirements would be reduced to a minimum, including a basic level of German and a basic knowledge of Germany’s “legal and social order”, the ministry added.

    A spokesman for the Article 116 Exclusions Group, Nicholas Courtman, said that while the decrees were a first step, a change in the law was necessary to guarantee all descendants their rights.

    “The federal government’s refusal to consider a legislative change is regrettable, especially in light of the fact that this decree can only be used from abroad and is of no use to those descendants currently living in Germany,” he said.

     

    Source: bbc.com
    Published: 30 August 2019

  • Foreigners’ Interest in Housing Market Spurs Sales in Furniture Industry

    Turkey’s furniture sector has been boosted by a surge in home sales to foreigners thanks to the country’s program for getting citizenship through investment, according to sector observers.

    Home purchases by foreigners have risen sharply since last year, when Turkey eased conditions under the program.

    Under the changes, foreigners who invest $500,000 in Turkey, deposit $500,000 in Turkish banks or buy real estate worth $250,000 acquire the right to lifetime citizenship.

    It has been reported that the number of foreigners who obtained Turkish citizenship through investment reached 1,000 as of July.

    Turkish developers continue to enjoy increasing demand from foreign buyers in the housing market, and as a result, real estate sales to foreigners posted the highest-ever figures in the first seven months of the year.

    Foreigners became new owners of 24,144 houses in the January-July period, an increase of 64.5% year-on-year, according to Turkish Statistical Institute (TurkStat) data.

    Home sales to foreign buyers posted the highest-ever figures during each month since the beginning of this year. They acquired some 3,168 units in January, 3,321 units in February, 3,129 units in March, 3,720 units in April, 3,925 units in May, 2,689 units in June and 4,192 units in July with a year-on-year increase of 81.9%, 92.1%, 71.3%, 82.1%, 62.5%, 30.5% and 46.7%, respectively.

    Iraqis, Saudis top customers

    This skyrocketing rise has led to mobility in the furniture industry; in particular, buyers from Middle Eastern countries such as Iraq and Saudi Arabia have taken great interest in furniture produced by Turkish manufacturers.

    Iraqis maintained their position as top buyers in the housing market, acquiring some 4,071 houses in the first seven months, while Saudis acquired some 1,312 units.

    Nuri Gürcan, head of the Furniture Industry Businessmen Association (MOBSAD), said home sales to foreigners pushed up furniture sales by as much as 20%. Iraqi and Saudi nationals – the top foreign homebuyers – also show great interest in Turkish furniture, he told Anadolu Agency (AA).

    Turkish TV series, one of the country’s top cultural exports, enjoy popularity in countries across the world, including the Middle East.

    According to Gürcan, the fact that Turkish TV series are in demand abroad has led to a rise in demand for products used in these TV series. Foreigners take interest in such furniture when they visit Turkey.

    He said fluctuations in exchange rates have also helped make Turkish furniture a more attractive buy.

    Turkish furniture exports generated $2 billion in the first half of 2019, and the target for the year’s end is $3.7 billion, he said.

    Turkish TV shows spurring sales

    Turgay Terzi, the head of Istanbul-based furniture firm Art Design, said foreigners who acquired Turkish citizenship are behind around some 10% of all furniture sales in Turkey.

    “The impact of TV series on furniture sales is huge. They want to see the furniture in popular TV series at their own homes,” Terzi said.

    Demand for Turkish furniture is particularly high in the Middle East, he said, adding that Turkish TV series have helped fuel these sales.

    Middle Eastern people prefer handcrafted modern furniture, Terzi noted.

    “Since they do not consider furniture as a product alone, but consider the house as a concept, they prefer to buy ‘turnkey’ furniture where everything is completely renovated, rather than buying one piece of furniture,” he said.

    As for Europeans, Terzi highlighted that Europeans, particularly those who have acquired property on the south coast, opt for more basic designs that respond to everyday needs.

    Some 39,663 properties were sold to foreign investors last year, the highest number ever. In 2017, foreigners bought 22,234 units. Sector representatives expect sales to exceed 50,000 at the end of the year.

     

    Source: dailysabah.com
    Published: 2 September 2019

  • Citizenship List in Indian State Leaves Out Almost 2 Million

    Nearly 2 million people from the east Indian state of Assam were excluded Saturday from a final citizenship list that is intended to identify legal residents and weed out illegal immigrants, amid fears they could be rendered stateless.

    A total of 31.1 million people were included on the list, leaving out 1.9 million, according to a statement from the Assam government. Critics have viewed the exercise as an attempt to deport millions of minority Muslims, many of whom have entered India from neighboring Bangladesh.

    After hearing rumors that her name was not on the list, Sayera Begum, a 60-year-old woman from the district of Sonitpur in northern Assam, jumped into a well Saturday morning and later died, highlighting the list’s impact.

    “She was dragged out of the well and taken to the hospital, but she died,” said Mukesh Agarwal, a senior Assam police official.

    An hour later, when the final list was released, it was found that Begum, along with her husband and son, were not excluded.

    Assam police had earlier appealed to people not to spread rumors for fear of panic after many were accused of being “Bangladeshi infiltrators” by the Hindu nationalist-led government of Prime Minister Narendra Modi.

    The citizens’ list was updated after 68 years, ending four years of work and a 4-decade-old demand seeking detection of illegal immigrants.

    The list — known as the National Register of Citizens, or NRC — is unique to Assam and was first prepared in 1951. It includes those whose names appeared in the 1951 document and their descendants. The list also includes those who had been on India’s electoral rolls up to March 24, 1971, or in any other document approved by the central government.

    “The entire process of NRC update has been meticulously carried out in an objective and transparent manner,” the registry authorities said in a statement.

    Earlier Saturday, a steady trickle of people lined up to see if their names were on the list in Buraburi village outside one of the many offices that had been set up across Assam for residents to verify the status of their citizenship applications.

    Mijanur Rahman, a 47-year-old farmer, found himself, his 21-year-old son, and two of his daughters, aged 16 and 14, included on the list. However, his wife and his three other children — all under the age of 10 — were excluded.

    “I am really worried,” said a teary-eyed Rahman. “We will see what the government does now. Maybe they will offer some help.”

    Dipali Das, 42, clad in a saree, found herself, her husband and her four married daughters on the list. But Das was unhappy because her 23-year-old son, Rahul, was excluded. She said she will put in an application for his inclusion.

    Binoy Bhushan Sarkar, a frail man in his late 70s, said he has been voting since the age of 21, including in recent national elections. He was confused after finding his name on the online list but not on the hard copies available for public viewing. “I don’t know what to do,” he said.

    Retired army officer Mohammad Sanaullah, who grabbed the spotlight after being declared an illegal foreigner and was sent to a detention center last month, was also excluded from the list. Sanaullah, who had won a president’s medal, was declared a foreigner by the Foreigners Tribunal in 2018. He was sent to a detention camp in May before he was granted bail by a High Court.

    The government said it carried out the mammoth exercise to detect and deport undocumented immigrants from Bangladesh. But the final publication of the citizenship list has stoked fear of loss of citizenship and long periods of detention.

    It is unclear what happens next.

    The central and state governments, however, have clarified that those left off the final citizenship list won’t be declared foreigners.

    The options for those left off the list include appealing to the Foreigner Tribunals within 120 days of Saturday’s announcement. The tribunals must decide on the cases within six months. If an appeal fails, the consequences include punishment in detention centers that are currently being set up by the government.

    Amnesty International expressed concerns about the functioning of the Foreigners Tribunals. The rights group also urged the Assam government to ensure that “the Foreigners Tribunals function with utmost transparency and are in line with the fair trial standards guaranteed under national and international law.”

    Meanwhile, Assam Finance Minister Himanta Biswa Sarma, a senior leader with the Hindu nationalist Bharatiya Janata Party, said the final version of the citizenship list did not contain the names of many people who came to India from Bangladesh before 1971.

    The Indian Express newspaper quoted Sarma as saying that the list is “erroneous” as “more illegal migrants should have been excluded,” and that the party’s fight to “exclude every single foreigner” from the state will continue.

    A draft citizenship list that was published last year excluded more than 4 million people, after which many either fled the state or even took their lives in exasperation.

    India’s powerful home minister, Amit Shah, earlier called Bangladeshi migrants “infiltrators” and “termites.”

    The Modi-led government, which fully backs the citizenship project in Assam, has often vowed to roll out a similar plan nationwide.

    Earlier this summer, India’s Supreme Court criticized the central government and Assam’s government, saying thousands of people who had been declared foreigners over the years had disappeared.

    Assam, with a population of 33 million, was in a state of high alert and additional security forces were deployed in anticipation of possible violence following the publication of the list. There were no reports of unrest immediately after the list was made public.

     

    Source: abcnews.go.com
    Published: 31 August 2019

  • Citizenship Will No Longer Be Automatic For Children of Some US Military Members Living Overseas

    The Trump administration is making it more difficult for the children of some US service members and US government employees living abroad to automatically become US citizens, according to apolicy alert released Wednesday by US Citizenship and Immigration Services.

    The rule appears to primarily affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time, a relatively small number — estimated to be approximately 100 annually, according to a Defense Department official.

    It does not impact anyone born in the United States.

    US citizenship can be acquired a few ways, including being born in the country. Children born abroad can acquire citizenship through their US citizen parents either at birth or before the age of 18.

    While the latest policy guidance doesn’t make anyone ineligible for citizenship, it appears to narrow how children abroad can gain citizenship. President Donald Trump has occasionally voiced his support for ending birthright citizenship and said last week he was “seriously” considering ending it, though it’s unclear how he’d have the legal authority to do so. Acting USCIS Director Ken Cuccinelli said on Twitter that the new policy “does NOT impact birthright citizenship.”

    Still, the policy, which takes effect on October 29, sparked confusion among military and diplomatic groups who immediately denounced the alert, concerned that the rule change would place hurdles before children of federal employees and military workers serving abroad.

    “Military members already have enough to deal with, and the last thing that they should have to do when stationed overseas is go through hoops to ensure their children are US citizens,” said Modern Military Association of America Executive Director Andy Blevins.

    A Navy officer told CNN that the guidance was also injecting serious stress among military spouses. “You should go onto a spouse Facebook page and see the freakouts,” the officer said.

    A USCIS spokesperson, referring to a section of the immigration code about residence, said “the policy change explains that we will not consider children who live abroad with their parents to be residing in the United States even if their parents are US government employees or US service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically.”

    “DOD has been working closely with our colleagues at DHS/USCIS regarding recent policy changes and understands the estimated impact of this particular change is small,” said a Pentagon spokesperson.

    The updated policy directly impacts US government employees and service members, many of whom are temporarily assigned to posts overseas for extended periods. The policy says children living abroad with a parent who is a US government employee or US service member will not be considered to be ” ‘residing in the United States’ for purposes of acquiring citizenship” under a section of immigration law.

    Previously, their children would be considered to be both living in and outside of the US for purposes of eventually gaining citizenship. By stripping the children of the former, the only way they can get citizenship is through a parent applying for them, whereas before it would’ve been automatic provided they meet certain requirements, said Cristobal Ramon, senior policy analyst at the Bipartisan Policy Center.

    USCIS says the policy could affect children of lawful permanent residents who naturalized after a child’s birth.

    The agency cited conflicts with the definition of “residence” in immigration law, as well as conflicts with State Department guidance, as reason for the change, according to the guidance.

    “Forcing (members) to go though (sic) bureaucratic hurdles for no apparent reason, just to get their children naturalized as American citizens, does a great disservice to people who have dedicated their lives to serving their country,” said American Foreign Service Association President Eric Rubin. “Frankly, it is hard to explain and deeply worrying.”

    Immigration attorneys also took issue with the change.

    “The fact that those of us who deal with immigration law all the time can read this memo and immediately point out plausible scenarios leads me to believe it’s going to impact some number of people. Impacting one person is too many,” said Martin Lester, chair of the American Immigration Lawyers Association’s Military Assistance Program, which provides pro bono immigration law services to US service members.


    Source: cnn.com
    Published: 29 August 2019
  • Senator Moves to Prevent EB-5 Price Hike on Nov 21st by Joint Resolution

    Republican Senator Rand Paul is asking his colleagues in the Senate to sign a Joint Resolution that would stop the EB-5 program’s planned price increase in November.

    Congress last month approved EB-5 Program Modernization regulations, which the Department of Homeland Security subsequently published in the Federal Register. Should nothing prevent the new rules from taking effect on November 21st, the minimum investment requirements would increase from $500,000 and $1 million to, respectively, $900,000 and $1.8 million.

    To stop the rule from coming into effect, Rand Paul needs 30 of his fellow senators to sign a petition, a simple majority in Congress, and a presidential signature.

    “By significantly raising the minimum investment levels required for foreign investors to become eligible petitioners under the EB-5 program, this rule may undermine the very purpose of the program, which is to create jobs and grow the economy,” said the senator. “Moreover, the rule would severely restrict the role of the states in determining the targeted employment areas.”

    Clare Lithgow, editor of EB-5 Daily, points out that although the senator’s move is a welcome step in the right direction, it does little to address the program’s chief predicament.

    “While keeping the minimum investment amount the same and maintaining states’ ability to decide targeted employment areas is helpful, the real issue that Congress should address is the EB-5 visa cap,” writes Lithgow, echoing a sentiment shared by many stakeholders.

    The United States Citizenship and Immigration Service (USCIS) has chosen to interpret the EB-5 program’s 10,000 visa cap as one applying to the number of individuals, while many EB-5 lawyers argue this is properly interpreted as applying to investors (main applicants).

    Should the USCIS change its reading of the rules to mean ‘individual’ visas, the program would effectively have room for three times as many investors, tripling the amount of FDI the program raises annually.

    To use a sports analogy, what needs increasing isn’t the ticket price, but rather the number of seats in the stadium.

    Lithgow explains some of the effects a change in interpretation would have on the program:

    If Congress only counted EB-5 investors toward the visa cap, three things could happen.

    1. It would help the visa backlog that currently affects Mainland China, Vietnam and India

    2. It would mean roughly 7,000 more EB-5 investors are contributing to the U.S. economy adding billions of dollars in investment capital and creating tens of thousands of jobs for U.S. workers

    3. It would prevent the number of EB-5 visa issued each FY from shrinking further. In the past the average amount of visas each investor received was about 3.3 (a spouse and one child). This was because most of the investors were from Mainland China where the one-child policy was in place. Now that Mainland China is facing retrogression, investors from other countries, where they are allowed to have more children, may take up more visas from the 10,000 visa cap.

    Senator Paul’s Joint Resolution approach is not the only hope for preventing a price-increase. As we’ve written before, should Congress re-authorize the EB-5 Regional Center program before September 30th (the date on which the program’s current extension expires) the new rules would never see the light of day.

     

    Source: imidaily.com
    Published: 28 August 2019

  • Greece Preparing Citizenship by Investment Programme Similar to Cyprus

    Local land developers but also service sector professionals are becoming concerned by reports that Greece’s new government is planning to launch a  citizenship by investment programme similar to that of Cyprus.

    The programme provided by Nicosia in recent years has substantially contributed to the recovery of the Mediterranean island’s economy.

    The new right-wing government under Kyriacos Mitsotakis is drafting its own citizenship by investment programme which resembles the Cypriot one and, thus, will be quite competitive, according to informed sources.

    One source told Phileleftheros that the new programme is expected to be implemented after the first quarter of 2020 and may involve investments of €2.5 million. Cyprus’ investment limit is €2 million, plus VAT. In the case of Greece, the plan is for VAT payment to be deferred for a period of three years. This basically means that at the time of the investment the cost will essentially be the same as that in Cyprus.

    Undoubtedly, the implementation of such a programme by Greece will create strong competition for Cyprus. Greece, as a brand name, is stronger and more versatile. So are some of its areas or islands as well. This means that far more investment opportunities will be on offer, especially in the sector of ​​land development. The areas that will fall under the programme’s criteria have not been disclosed yet.

    At the same time, as a larger country that has been in recession for many years it offers more investment opportunities, plus connectivity is also an important factor for foreign investors. Another advantage of Greece taken seriously in consideration by foreign investors is that one does not need a visa to travel to the US.

     

    Source: in-cyprus.com
    Published: 26 August 2019

  • Australia Sees Rush of Hong Kong Millionaires Amid Unrest

    Australia is seeing an increase in interest in its millionaires-only visa program from wealthy Hong Kong residents who are eyeing a safety net amid political turmoil in the Chinese-ruled territory, migration lawyers told Reuters.

    The New South Wales state migration department “has noticed a significant increase in applications” from Hong Kong in recent months, it said in a letter to agents this week, and seen by Reuters.

    The interest has coincided with the “beginning of the current unrest in Hong Kong”, the department said, referring to a A$5 million ($3.4 million) Significant Investor Visa (SIV) program that provides direct residency to applicants.

    Bill Fuggle, Sydney-based partner at law firm Baker & McKenzie, said there had been a rise in applicants for the A$5 million SIV program.

    “What I am hearing from my clients is there definitely has been an uptick in the number of SIV applications from Hong Kong,” Fuggle said.

    “Anybody who can make an alternate plan is trying to do so.”

    Protests in the former British colony erupted in early June over a now-suspended bill that would have allowed criminal suspects to be extradited to mainland China for trial.

    The unrest has been fueled by broader worries about what many say has been an erosion of freedoms guaranteed under the “one country, two systems” formula put in place when Hong Kong returned to China in 1997.

    Australia’s New South Wales treasury department confirmed that the immigration team’s letter was sent out to migration agents on Monday but declined to provide any further details, saying only that the increase was off a small base.

    In the letter, the department assured agents it was committed to providing “appropriate support” to help them discuss migration options with their clients.

    The SIV program used to be hugely popular with people from China, though recent strict investment requirements have somewhat dented its appeal.

    The SIV now requires at least 40 percent of the A$5 million to be invested in small-cap and venture capital (VC) funds while direct real estate investment is barred.

    “Money is also moving out but Australia is probably not your first choice to park wealth…it’s a high tax jurisdiction. I suspect we’ll get more people than money here,” Baker & McKenzie’s Fuggle said.

    Data on applications received or visas granted in recent months was not available as Australia publishes these figures only annually.

    According to the latest data, China accounted for 87% of the 2,022 SIV visas granted between November 2012 and June 2018 while Hong Kong stood a distant second at just 3.2%.

    Juwai.com, China’s largest international property website, had seen “some increase” in demand for Sydney property by Hong Kong buyers since the unrest began, Executive Chairman Georg Chmiel told Reuters in an email.

    “Purchasing real estate is not the first step in coming to this country. More important is to obtain legal residency,” Chmiel said.

    “Over the next two to five years, there could be a substantial impact on the property market as these individuals look to settle down and purchase, but for now, it is too early for that.”

     

    Source: reuters.com
    Published: 22 August 2019

  • UAE Nationals Now Exempt from Pre-Entry Visas to South Africa

    Emiratis holding diplomatic, special, mission and ordinary passports are now exempt from pre-entry visas to visit South Africa.

    The UAE has been added to South Africa’s visa waiver list, with the decision effective from Thursday, August 15, official news agency WAM reported.

    Emiratis will be allowed to stay for a period up to 90 days in the African country, according to the South African Department of Home Affairs.

    Ahmed Sari Al Mazrouei, under-secretary of the UAE’s ministry of Foreign Affairs and International Cooperation, said that the visa waiver decision by the South African government reflects the strong ties between the two countries, and the “prominent international status that the UAE has attained on the global scale”.

    The UAE ranks as having the 20th most powerful passport in the world, according to the latest Henley Passport Index, which periodically ranks passports on the the level of travel access that they offer.

    Citizens from the UAE have visa-free access to 167 destinations, the report found.

     

    Source: gulfbusiness.com
    Published: 15 August 2019

  • What All RCBI-Professionals Need to Know About ETIAS

    The European Travel Information and Authorization System (ETIAS), currently under development and slated to debut in 2021, will have implications for the investment migration market. Here’s what you need to know.

    What is ETIAS and who will need it to travel to Europe?

    Modeled on the United States’ Electronic System for Travel Authorization (ESTA), ETIAS will compel visitors from countries that have visa-free access to the 26 countries in the Schengen area (22 EU members states, as well as Norway, Lichtenstein, Iceland, and Switzerland) to obtain a pre-clearance for entry.

    The following countries that today have visa-free access to Schengen will need an ETIAS by 2021 (CIP-countries in bold):

    • Albania
    • Andorra
    • Antigua and Barbuda
    • Argentina
    • Australia
    • Bahamas
    • Barbados
    • Bosnia and Herzegovina
    • Brazil
    • Brunei
    • Canada
    • Chile
    • Colombia
    • Costa Rica
    • Dominica
    • El Salvador
    • Grenada
    • Guatemala
    • Honduras
    • Hong Kong
    • Israel
    • Japan
    • Kiribati
    • Macao
    • Macedonia
    • Malaysia
    • Marshall Islands
    • Mauritius
    • Mexico
    • Micronesia
    • Moldova
    • Montenegro
    • New Zealand
    • Nicaragua
    • Palau
    • Panama
    • Paraguay
    • Peru
    • Saint Kitts and Nevis
    • Saint Lucia
    • Saint Vincent
    • Samoa
    • Serbia
    • Seychelles
    • Singapore
    • Solomon Islands
    • South Korea
    • Taiwan
    • Timor Leste
    • Tonga
    • Trinidad and Tobago
    • Tuvalu
    • Ukraine
    • United Arab Emirates
    • United Kingdom
    • United States of America
    • Uruguay
    • Vanuatu
    • Venezuela

    How will ETIAS work in practice?

    Travelers fill out a 10-minute application form online, at least two days prior to departure. An automated system subsequently checks the submitted information against a variety of databases and risk indicators, including (according to the European Commission):

    • Existing EU information systems:
      • The Schengen Information System (SIS)the Visa Information System (VIS)
      • Europol data
      • The Eurodac database
    • Proposed future EU information systems
      • The Entry/Exit System (EES),
    • Interpol databases:
      • The Interpol Stolen and Lost Travel Document database (SLTD)
      • The Interpol Travel Documents Associated with Notices database (TDAWN),
    • A dedicated ETIAS watch list and specific risk indicators.

    Pending the approval of the Commission’s proposal to exchange information regarding criminal records in the EU to third-country nationals (ECRIS-TCNs), ETIAS should in the future also be able to query ECRIS-TCNs.

    While the initial processing is entirely automated, applications that result in “hits” (red flags, effectively), will require manual processing.

    The European Commission will formulate the risk indicators and “hits”.

    The online application will cost EUR 7 for everyone between the ages of 18 and 70 and be free of charge for everyone else. Once granted, an ETIAS is valid for three years, unless the travel document expires before the three years are up.

    How would it affect CIP-jurisdictions?

    Nothing would change for Malta, Turkey, or Jordan. Malta remains unaffected because it is both an EU and a Schengen member state. Turkey and Jordan are not eligible for ETIAS because they do not have a visa-waiver agreement with Schengen.

    What ETIAS will mean for Cyprus and Bulgaria, however, is not cut and dry. Both are EU member states but neither are within the Schengen border area. Citizens of these two countries will not need an ETIAS because they are permitted to live, work, and settle throughout the EU by virtue of their membership in it. But whether Americans, Japanese, British, and other non-EU citizens subject to ETIAS will need authorizations to visit these countries remains unsettled.

    The reason is that Bulgaria and Cyprus, while currently not part of Schengen, are likely to join the border union before 2021. If they do, nationals from visa-waiver countries will need an ETIAS to visit them.

    What about EU golden visa holders?

    Those who have residence permits in an ETIAS country – i.e. Portugal, Spain, Greece, Malta, and so on – will not be affected because their residence permit, in itself and by extension, amounts to a travel authorization to the area.

    Risks for citizenship by investment programs

    Since the European Commission will formulate the risk indicators and “hits”, they could, if so-inclined politically, cherry-pick risk indicators to target CIPs.

    They might, for instance, designate an incongruence between country of birth and country of citizenship a risk indicator, subjecting applicants who meet those criteria to additional scrutiny.

    Is there a political appetite for additional scrutiny of RCBI-countries? It is not entirely inconceivable. In a reportfrom January this year, the Commission indicated it would “closely monitor compliance of existing investor residence schemes with EU law to ensure that all obligatory existing border and security checks are systematically and effectively carried out by Member States.

    On the other hand, applicants who can get through the due diligence needle’s eye of a CIP should, under non-political circumstances, not prompt any security hits.

    Which, if any, final and lasting impacts ETIAS will have on the investment migration market will not, and cannot, be known until the system’s coming into effect.

     

    Source: imidaily.com
    Published: 12 August 2019

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