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immigration

Immigration law refers to national government policies which control the phenomenon of immigration to their country.

Immigration law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship. Immigration laws vary from country to country, as well as according to the political climate of the times, as sentiments may sway from the widely inclusive to the deeply exclusive of new immigrants.

Immigration law regarding the citizens of a country is regulated by international law. The United Nations International Covenant on Civil and Political Rights[1] mandates that all countries allow entry to its own citizens.

Certain countries may maintain rather strict laws which regulate both the right of entry and internal rights, such as the duration of stay and the right to participate in government. Most countries have laws which designate a process for naturalization, by which immigrants may become citizens.

When this event is referred to average and high skilled workers, frequently multinational companies need to organize carefully in advance the immigration process considering:

  • Immigration visa procedure
  • Registrations by local authorities
  • Local work permits rules
  • Employment contract or integrative detachment agreements
  • Benefits, medical care and currencies management
  • Possible worker's family relations
  • Work project or career planning and related duration and emergency plans
  • Relocation logistic, preview trips, lodging, travel, periodical returns etc.
  • Assignment planning and compensation structuring, including review of assignment letters, letters of intent, intercompany agreement (for cost recharge) and compensation packages to minimize worldwide costs to the company and the individual.
  • Tax Treaty planning and consulting.
  • Writing or review of company Tax Equalization policies, up to and including the design and implementation of the company tax equalization program.
  • Year of departure and year of repatriation planning.
  • Social security analysis and planning on the basis of national and international regulations.
  • Consulting on national and international insurance solutions (e.g. health insurance, pension fund ) incl. private insurances.
  • Expatriate and foreign national tax return preparation, including review and analysis of special elections and treaty provisions available to expatriates and foreign nationals.
  • Preparation of annual tax equalization, tax protection, and / or tax reconciliation calculations.
  • Foreign country tax return preparation through the assistance of our international offices and worldwide affiliation of accounting firms.
  • Expatriate and foreign national compensation tracking and reporting.
  • Obtaining of the certificate of coverage (e.g. E101/E102 forms).
  • Consulting in other legal areas (e.g. contract and labour law).

According to each company internal organization, a number of the activities related to the above items are covered from company internal H.R. management staff, but often many of the services are more conveniently outsourced.

HTLC can assist employer moving expatriates in any country with a careful and flexible work on project, including any of the above sub-item, with a minimum period of preliminary notice of 60, and an average of 90 calendar days.

Fees are proportioned to the time spent on the activity, but are always necessarily estimated in advance (also as minimum and maximum values) in written and submitted to preliminary approval always in written of the employer. No service is supplied without the respect of this procedure.

Services are supplied by a team of consultants and operators specialist of each single transaction, granting a high quality of the service, and avoiding time waste.

 

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