Updates about relocation, expatriation, immigration of Helma-international.com

HELMA experts’ recommendations

Drive Against Black Money to Pose Problems for Expats

Please find here-under an article published in the newspaper “Times Of India” of April 2012

New income tax form requires foreigners working in India to give details of assets outside country

The government’s zeal to unearth black money could result in thousands of expatriates and their families having to provide details of assets held outside India, a requirement that many experts say could deter foreigners from working in worlds second-most populous country whose economic growth has attracted global talent in areas ranging from deep-sea engineering to movies. New tax forms unveiled by the tax authorities for the current financial year stipulate that foreigners working in India will have to give details of assets outside the country. The Central Board of Direct Taxes, or CBDT, has notified new tax forms for the current fiscal that require all residents to provide information about assets located overseas even before Finance Bill 2012,that mandates these disclosures has been passed by Parliament. Under the Income Tax Act, the term resident is divided into two categories: ordinary resident and resident but not ordinarily resident. Most expatriates fall under the second category. Those not ordinarily resident do not have to pay tax on their global income, but the new forms notified by the tax authorities may require them to disclose their global assets, a burden some experts say is excessive. These changes are likely to create genuine hardship for the expatriate employees who come into India for shorter duration and qualify to be not ordinarily resident in India, says Kuldip Kumar, executive director, PwC.A finance ministry official said the disclosures are aimed at resident Indians. The intent of the legislation is that their global income should be taxed in India, he said. But experts say there is an ambiguity and it needs to be clarified. The disclosure include details of bank accounts, financial holdings, immovable property, other assets and details of any foreign account in which the tax payer has signing authority. The family members of expat workers will also need to file income tax returns in India if they own the overseas assets mentioned in the form. The disclosure seems more onerous, tax experts said, in view of another provision in the Finance Bill that will allow tax authorities to open tax assessments going back 16 years if they detect any concealment of foreign assets.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

HELMA India new location

Helma International is developing and always committed to provide a better service to its clients.

Please find here-under Helma India new location as from March 1^st 2012:

Unit No.504, 5th Floor, PRESTIGE MERIDIAN – I ,
No. 29, M.G Road, Bangalore 560001 - INDE

Shall you need any additional information, please contact our Consultancy, Immigration and Relocation experts: contactindia@helma-international.com

Mobili-Pass subsidy

Mobilipass is a subsidy designed to help the companies professional mobility, and granted to your employees through the 1% logement collection body.
The conditions on employer side are:
- the company in France is contributing to this body
- the employee has a local contract and pay slips

The maximum grant is 1600 to 2000€ depending on location and inclusive of VAT but the grant is awarded only up to the limit of actual expenditure, and with an invoice of an agreed relocation company for a home search service.
- The distance between the old and the new residence must be more than 70 Km ;
- The time between the hiring or transfer and the application must be less than 6 months ;
- One grant is given per period of two years.

As per the meeting between the SNPRM and the UESL, the Mobili-pass subsidy will be maintained in 2012, 2013 and 2014. Conditions and terms are unchanged for the time being but some small modifications are expected in order to favor the employment of under 30-years-old workers.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

European Blue Card

In Germany the immigration of qualified employees becomes more attractive

The “Blue Card EU“ will be implemented before summer. A university degree and an employment contract are necessary to qualify for the “Blue Card EU“.

The minimum gross annual salary is 44.000 Euros.
Labour agency does no longer procede to a labour market check. The employment conditions are not checked.

For engineers, doctors and employees in the communication and information industry, the minimum annual gross salary will be of 33.000 Euros.
For these employees labour agency does no longer procede to a labour market check, but the employment conditions are checked.

The family members of these employees have from the beginning the unconditional right to work.

Blue Card in France

On November 9th the government confirms that the minimal salary amount in order to obtain an European Blue Card is set to 51 444€ per annum.

On 07 September 2011 the European Blue Card was implemented into French law.

The EU Blue card has been designed for highly skilled non-EU citizens who want to work in one of the EU member states. It was introduced to attract highly skilled migrants to Europe and to stimulate mobility of workers within the European Union. Denmark, Ireland and the UK are not participating in the program but all other EU countries will be introducing the Blue Card.

This EU Blue Card has been modeled after the US Green Card, to enable its holder to move freely within the European Union; to live and work there. The reality is slightly different.

After having worked under initial 18 months’ work contract under a Blue Card in a country, foreign nationals holding this card are exempted from the requirement to obtain an entry visa, which used to be the first step if they wanted to work in another EU member State, without being seconded.

However, after entry into this second member state, the employee must again apply for an EU Blue Card Residence Permit. To obtain this residence permit the applicant must comply with the conditions that apply in the second member state; these can be more strict than in the first member state. In other words: if you hold an EU Blue Card in a given EU state, this does not automatically mean that you meet the requirements for Blue Card holders in France.

The requirements for France are:
- 1.5 times the average annual salary http://www.insee.fr/fr/themes/tableau.asp?reg_id=0&ref_id=NATSEF04143
- A work contract with a French company for a minimum of 1 year
- A 3 year diploma of university studies, or 5 years or more experience

This EU Blue card is delivered for a total of 3 years and can be renewed. It should also allow to apply for a resident card after 5 years and the residence conditions for the accompanying family are easier.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Indo-French Social Security Agreement

The Indo-French social security agreement was indeed implemented as of July 1st, 2011. The agreement allows for Indian and French assignees to remain under their home country’s social security regime while on secondment in the other state for a limited period of 5 years. The agreement is however a partial one covering base invalidity, pension and old age only. Medical, unemployment and work accidents risks are not covered. The signing states have 6 months to arrange for the agreement to be implemented. The final text of the agreement is now available on each signing states’ social security site and clearly details the scope of the agreement. The Social Security coverage certificate is available at the local social security authorities (CPAM & EPF organisation) and known as form SE 223-01 (IN/FR). Further to our contacts at the French Social Security Authorities, they confirmed they have not received any actual requests yet.

As for the employment law impact, it is not clear yet whether a local contract can allow an employee to be covered by the Social Security Agreement.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Helma International will take part in the seminar « Doing Business in France: Procedural & Cultural Challenges »

The Indo-French Technical Association (IFTA) proposes a seminar about:

Doing Business in France: “Procedural & Cultural Challenges”

This seminar will be presented by Elisa KHETTY, Helma India Country Manager and will take place on Sunday, 13^th May, 2012 at 11.00am in Mumbai.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +91 (0)80 40 95 90 90 or contactindia@helma-international.com

New Mobili-Pass regulation – Mobility subsidy

Following the publication in the Official Journal of the Decree No. 2012-352 of 12 March 2012, a new recommendation will now impose an income limit for the receivers of Mobili-pass grant.
The base year income tax is the year N-2 (N-1 or if more favourable).

The new conditions apply for aid MOBILI-PASS in process ® and to new aid applications received from May 2, 2012.

In return for these restrictions, an increase of the maximum amount of the subsidy should be applicable to May 2, 2012:
From 2000 to 2 200 € in area A and B1 (Paris and Suburbs)
From 1600 to 1 900 € in area B2 and C

Immigration regulation in China

1.Expats Leave Hong Kong Over Lack of Schools
The number of British expatriates moving to Hong Kong soared by 50 percent in 2010 and 2011 due to a wealth of good jobs in financial services, but that number may slow as expats are having trouble placing their children in international schools. The increase in Brits, is putting a strain on international schools, which have a relatively steady 36,000 places available each year. Hong Kong Academy alone has seen a 35 percent increase in applications in 2011. The government is trying to address the problem by opening 5,000 new spaces this year and next as well as limiting the number of locals that can enroll. But the biggest problem is finding available space.

2.Expats in Shanghai Face Pension Scheme Delay
China has recently announced plans to allow foreign workers to pay into the social security and pension system, but the government of Shanghai is delaying the implementation of the rules due to pressure from foreign investors who say the scheme will increase business expenses. So far the Chinese government has not issued specific details about the plan and no payments have begun, but Beijing officials have created guidelines on how the funds will be allocated to expatriates’ pension accounts. Shanghai officials have not yet created guidelines.

3.Two More Chinese Cities Set to Levy Tax on Expats
The Chinese cities of Tianjin and Suzhou could soon levy a new tax on foreigners as part of a social security scheme for expatriate workers. With the new plan, the foreign workers would be eligible for pension, medical insurance, and other benefits. In the past two weeks, Tianjin and Suzhou have joined Beijing in registering foreigners who work there. Under the new tax regulation, foreign workers will have to pay up to 11 percent of their monthly salary. Employers will pay up to 37 percent of their expatriate workers' salaries, with a cap of about 11,700 yuan, or US $1,853. Some foreign-based companies say the new tax will increase the cost of doing business in China, and that Chinese authorities have not clearly pointed out how expatriates will benefit.

4.Shanghai planning to extend expat visas
SHANGHAI is working on a policy to extend the visas of expats working in regional headquarters of multinational corporations, according to a senior city official.
The policy will be included in a set of preferential policies for multinationals to encourage more to set up headquarters in Shanghai. At present, most foreign employees in the city have to reapply for visas every year. Only senior officials or staff of sizable enterprises can have longer visas.
By the end of last year, up to 347 multinational companies relocated their regional headquarters to Shanghai after the city introduced favorable policies.

5.JAPAN | New Residence Management System to Be Introduced
As of Monday, July 9th, 2012, Japan will start a new residency management system, which will be applied to all foreign mid- to long-term residents in Japan. The Immigration Control and Refugee Recognition Act was promulgated during the Regular Diet session of July 15th, 2009 and is to go into effect on July 9th, 2012.

Signature of another Indo-German Social Security Agreement

Federal Minister of Social Affairs Ursula von der Leyen and the Indian Minister for Foreign Affairs Ravi Vayalar has signed another Indo-German Social Security Agreement.
This agreement insures and coordinates the social security in terms of pension insurance of nationals of both countries; especially in the event that they work in the other country on local contract and pay pension insurance contributions in this country. Due to the totalization of times during which pension insurance contributions have been paid in both countries Germans and Indians can claim two pensions.

German Visa Application for Bangalore Consulate

From 15th September 2011, all visa applicants for Germany - residing in the states of Karnataka and Kerala - will have to contact directly the German consulate for Visa applications in Bangalore. VFS Germany has shut down operations in Bangalore.

To submit their Visa Applications, please go on www.india.diplo.de/bangalorevisa, you will find all the necessary information on the website.

No application would be accepted without prior appointment.

German Consulate General
2nd & 3rd floor, " Cash Pharmacy Building"
Corner St. Mark's Road & Residency Road
Bangalore 560025
Fax: (Visa)+91-(0)80-3347 0111

To contact directly the visa section, choose option 2 on +91-(0)80-3347 0000
This number can be reached Mondays to Thursdays from 2.00 to 4.00 p.m.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +91 (0) 99 8092 8850 or ekhetty@helma-international.com

Update on the Immigration rules

Good news for American visa-seekers
Please find here-under an article regarding American immigration rules
Link: http://www.ndtv.com/article/india/good-news-for-american-visa-seekers-188558?pfrom=home-otherstories&cp

The finance law for 2012 modifies taxes allocated to the OFII. The objective is the abolition of the tax benefit of the professional immigration. This law abolished OFII stamps replaced by common stamps. It announces the will to acquit these taxes at the moment of the residence permit application and not at the moment of the delivery. It increases taxes to get the residence permits " expatriate employee", "employee", " skills and expertise ", "residence card", "studying", "trainee" and in case of renewal of these residence permits.

The French Minister of the Interior, Claude Guéant, announced during his visit to Oise department on 12 Oct 2011 his satisfaction with the decrease of work permit delivery by 30 % in the past 8 months. In 2010, less than 15 000 of foreigners were granted work permit “salarié” (employee). As per the Minister, this decrease should allow to reduce an unemployment rate, particularly amongst legal immigrants already settled in France.
Link: http://www.lesechos.fr/economie-politique/france/actu/0201688711416-immigration-professionnelle-selon-claude-gueant-les-autorisations-ont-baisse-de-30-232091.php

The law n°2011-867 dated 20 July 2011, related to the organization of professional medical examinations in France, reminds in Article n°14 that salaried employees seconded to France shall be eligible to receive the same coverage as all other employees. As a matter of fact, on top of the medical exam at OFII (French Immigration Office), all seconded employees shall attend a professional medical check-up (Labor Law, article R4624-10). The law indicates that this has to be done before the end of a trial period. As seconded employees are not subject to a trail period, it is recommended that the employer organizes this medical check-up within first 3 months of the assignment.

David Cameron’s election pledge to reduce net immigration from the 150,000 it averaged under Labour to “tens of thousands” a year is proving a tough nut to crack. In his second big speech on immigration this year, the Prime Minister yesterday focused on two areas. He proposed new minimum income requirements for immigrants who “sponsor” wives and dependents to follow them to this country. The Prime Minister also took the first steps towards making forced marriage
http://www.telegraph.co.uk/comment/telegraph-view/8818704/Repairing-Labours-immigration-neglect.html

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Raising of the guaranteed minimum wage

As from January 1st 2012, the guaranteed minimum wage will increase to 1 398,40€.

Consequently, the minimal required salary to get the "accompanying family" visa for a seconded employee (non intra company) will be 4 472.00€.

New rules for the Bangalore Foreigner’s Regional Registration Office (FRRO)

All "E" and "X" registration / visa renewal applications filed with the Bangalore FRRO on or after August 24, 2011 will require additional documentation as follows:

- Proof of submission made to the Provident Fund Office (Form 3A) towards Provident Fund deductions.

- A certificate on Non-judicial Stamp Paper confirming no qualified Indian national workers are readily-available to assume the "E" visa holder's current position, and the "E" visa holder's specialized-knowledge services are continued to be required in India.

- "E" visa holders must submit a photocopy of his or her Permanent Account Number (PAN) Card or evidence official registration for a PAN Card.

- An income letter confirming the breakup of the "E" visa holder's annual base salary, allowances and any bonuses that will be paid for the coming year.

- In continuation to the guidance on the newly introduced minimum salary level of $25,000 for employment visas by The Ministry of Home Affairs, foreign nationals granted "E" visas prior to October 2010, and who earned an annual salary of less than US$25,000 (approx. INR1,143,000), must attest a declaration from the appropriate Employee's Provident Fund Organization (EPFO) confirming that the employee will earn at least US$25,000 for the coming year.

- Spouses renewing their "X" visas must submit an authenticated marriage certificate with an Apostille. In cases where the marriage certificate is issued by a country that does not issue Apostilles, the certificate must be legalized by the appropriate Indian consular post.

- Spousal "X" visa renewal applications are also required to have a "No Work" letter addressed to the FRRO confirming that the spouse will not engage any productive work while resident in India.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

France Visa Application for Bangalore Consulate

From 3^rd October 2011, all visa applicants for France - residing in the states of Karnataka and Andhra Pradesh - will have to contact the France Visa application Center through VFS.

To submit their Visa Applications, please go on http://www.vfs-france.co.in/

The Visa application could either be submitted personally or through an authorized person / agent at the VFS center.

However, personal appearances by all applicants are mandatory at the Consulate General of France in Bangalore on the following day.

No application would be accepted without prior appointment.

Visa applicants who have already scheduled an online appointment or who have been granted an appointment by the visa section, have to apply in person at the Consulate General of France according to their scheduled appointment.

In case of emergency, visa requirements due to unexpected travel to France, and in case of the date of appointment is too late, kindly contact the Consulate General of France in Bangalore directly at visas.bangalore-fslt@diplomatie.gouv.fr

Applicants need not contact VFS nor any agent for their exigencies.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Expansion of Helma International services

Ghislain de Rengervé, Chairman, announced today the expansion and enhancement of Helma International services by opening a new Regional Office in Malaysia.

This opening marks the fifth office for Helma and will be managed directly by Ghislain de Rengervé, in charge of business development in the region and the supervision of Helma’s activities worldwide.

Isabelle Maslard, the newly appointed Director of Operations for France, will continue to manage the Immigration services from and to France.

Helma International is dedicated to its customer and committed to provide an exceptional level of quality with on the ground support and local knowledge. The new Regional Office will improve our worldwide coverage and provide closer proximity to our clients.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Coming to France with a Business visa

We have identified the following activities as ‘Permissible activities on a Business visa’ which are usually allowed for business trips to France:

-          Business meetings
-          Business discussions
-          Negotiations with clients / prospects
-          Meet customers / prospects for presentations
-          Submit a proposal or quotation to client / prospect
-          Attend seminars and exhibitions organized by the company, trade organizations, universities etc.
-          Meetings with internal clients

We would like to draw your attention on the fact that the following cannot be conducted while on a business visa:

-          Knowledge transition
-          Requirements gathering
-          Support for Go-Live
-          Attend training to be provided by the client
-          Impart training to client / users
-          Impart internal training by training team

In particular, for trainings given to client, go live support, and all clients site activities in general, we recommend you apply for a temporary work permit.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Germany develops attractiveness for foreign highly qualified employees

The Federal Statistics Office has calculated that due to demographical developments the number of qualified employees in Germany will decrease within the next 15 years from 44.6 million to 38.1 million. This is a reduction of 6.5 million qualified employees.

To avoid that the competitiveness of Germany diminishes, several measures will come into force:

- integration of mothers who are actually not working into the labour market, more child care facilities
- increase of the working time of part time working people
- increase of professional mobility
- longer work of elder employees
- interesting more women for professions in mathematics, engineering, technic and science
- bring more young people into a professional education

but also
- better acceptance of foreign degrees
- recruitment of qualified employees on an international level

In March 2011 the government has voted a law amending the actual practice of establishment and approval of foreign diplomas. The diplomas will be evaluated once. The evaluation can be used by the federal states.

The government will also modify the immigration laws with the objective that Germany becomes more attractive for foreign highly qualified employees. Bureaucratic obstacles for these employees must be reduced and the general framework for their work and residence must be improved.

In a first step the government has decided that the Federal Employment Agency is no longer committed to check the labour market in case of an employment of foreign doctors, mechanical engineers, car engineers and electro engineers.

Shall you need any information regarding International Mobility, impatriation or expatriation, please contact our Consultancy, Immigration and Relocation experts: +33 (0)1 46 43 97 10 or contact@helma-international.com

Notre vision intégrée

Notre présence internationale

Intranet links

News