General Principles of Immigration
Basics
Each country enforces unique regulations governing foreign nationals' entry, stay, and work activities within their territory and uses advanced technology to detect violations such as improper entry, unauthorized activities, and visa overstays.
The Navigator helps efficiently gather critical information you and your legal counsel need to meet Business Immigration requirements and prevent costly delays and compliance issues.
The Entry Visa Requirement - Fundamentals
Checklists:
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The Entry Visa Requirement
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Special Arrangements
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Country Guides
While not all cross-border workers require immigration approval, many do. Therefore, it is essential to determine whether entry visa requirements apply to the specific situation. An Entry Visa only relates to entering a country. It indicates that at the time the Visa was issued, there was no objection to coming to the country to ask permission to enter.
This Roadmap outlines the fundamental principles governing entry visas.
The Work Permit Requirement - Fundamentals
Checklists:
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Reassessing the Legal Relationship
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Exploring Exemptions and Simplified Procedures
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Country Guides
For corptorate immigration, the main rule is that a work permit is always required unless the person or the specific activities qualify for an exemption.
This Roadmap outlines the fundamental principles that cross-border workers and their employers must adhere to when performing employment-related work activities abroad.
The Schengen Entry Visa Requirement
Checklists:
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The Scope of the Schengen Visa
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The Visitor's Nationality
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The Stay Limits
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Avoiding Overstay Limitations
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Country Guides
Because of its importance for international work relations, as well as its complexity and severe repercussions of non-compliance, this Roadmap provides special attention to the Schengen visa. This specialized entry permit is based on an agreement among 29 European countries that allows for short-term travel without individual visas and eliminates border controls between member states.
Statutory Compliance
Checklists:
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ID Check
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Candidate Background Checks
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Administration & Retention
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Reporting
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Former Employees
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Compliance Framework
Any company sponsoring the immigration of a worker has statutory obligations and must ensure compliance with all regulations. Failure to comply may have far-reaching consequences in terms of financial penalties, operational disruptions, and significant reputational damage.
In this Roadmap, you will find compliance obligations that apply universally to all visas and permits regardless of the issuing country. For more detailed information on country-specific requirements, please refer to the Country Guides.
Special attention- EU Posting of Workers
The EU's Freedom to Provide Services enables companies to offer services across member states, allowing them to send employees to perform tasks there without extensive immigration procedures. Nevertheless, employers must comply with specific requirements outlined in the EU Posted Workers Directives (PWD).
The PWD presents a complex legal framework, designed to balance economic freedom with robust worker protection across 27 diverse member states. This intricate balance is necessary given each country's unique immigration , labor laws, wage standards, and social systems.
Given the complexity of the PWD Regime, the Navigator created a profile dedicated to the EU Posted Worker, encompassing the relevant disciplines, including immigration.
Special Attention: The Business Traveler
This section addresses the compliance challenges faced by international business travelers with a special focus on extended or numerous business trips that can inadvertently trigger regulatory obligations and attract heightened scrutiny from immigration authorities.
Since business travel regulations vary significantly across jurisdictions, please refer to our Country Guides for detailed country-specific requirements and compliance recommendations.
Key Tips for Success
1. Secure Expert Guidance
The Navigator serves as a tool for understanding the complexities of Global Mobility. While comprehensive, it cannot address every practical situation or legal nuance and must never replace official documentation or professional consultation.
Each situation requires tailored guidance based on specific circumstances. We strongly recommend consulting qualified experts in all relevant countries before making decisions. Use the Navigator as a guideline to navigate the various subjects you'll encounter and as a framework for developing questions when meeting with your advisers.
2. Maintain Vigilant Oversight
Even minor changes in international work arrangements can have significant legal and financial consequences. Protect all parties by implementing these three critical practices:
- Document all work terms and conditions comprehensively at the outset
- Monitor actual working conditions and circumstances regularly
- Respond promptly to any changes in the work arrangement.