Legal Update
Apr 1, 2022
April 2022 Global Immigration Alert
Please note: while we address some country-specific updates related to the COVID-19 outbreak, the below contains information regarding global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling internationally. Please reach out to our Global Mobility Team in advance of any international travel.
Canada’s Response to Russian Invasion of Ukraine:
Immigration, Refugees and Citizenship Canada (IRCC) has announced the launch of the Canada-Ukraine authorization for emergency travel (CUAET). The CUAET is a special, accelerated temporary residence pathway for Ukrainians seeking safe haven in Canada while the war in their home country continues. Under CUAET all Ukrainians and their family members will have most of their application and processing fees waived and will have all their IRCC applications prioritized for processing.
Ukrainians Outside of Canada
CUAET allows Ukrainians and their family members to apply for a visitor visa and stay in Canada for 3 years, as opposed to the standard 6-month authorized stay for regular visitors. Applicants will also have the option to apply for a 3-year open work permit at the same time as their visa application so they can also work in Canada. In addition, elementary and high school students can register for and start attending school as soon as they arrive in Canada, and anyone looking to study at the post-secondary level can apply for a study permit once present in Canada.
Those CUAET applying from outside Canada will need to apply online for their Canadian visitor visa and provide their biometrics (fingerprints and a photo). However, to reduce delays and simplify the process under this special program, many of the regular requirements associated with a normal visitor visa or work permit have been waived. CUAET applicants are also exempt from Canada’s COVID-19 vaccination entry requirements (but must meet all other public health requirements for travel, such as quarantine and testing). CUAET applicants are also exempt from completing an immigration medical exam (IME) overseas (though they may be required to complete and pay for a medical diagnostic test within 90 days of arrival in Canada to screen for reportable communicable diseases).
Finally, for standard, non-complex cases, those applying for the CUAET program from outside Canada will have their electronic visa application processed within 14 days of receipt of a completed application.
Ukrainians Inside Canada
Ukrainian workers, students, and visitors and their family members who are already present in Canada may either apply to extend their visitor status or work permit for 3 years, apply for a new work or study permit, or extend their existing permit. IRCC will waive all application fees for extension, work, or study permit applications In addition, these individuals can leave and return to Canada at any time while their visa is valid.
In some instances, Ukrainians and their family members who are already in Canada may be required to complete and pay for an immigration medical exam (IME) if they haven’t completed one on initial entry to Canada.
Canada is committed in its support for those affected by the Russian invasion of Ukraine. For more information on the CUAET and how to apply for special visas, permits, and extensions, please visit the following IRCC websites:
Canada - COVID Updates
Effective April 1, 2022 at 12:01 am EDT, fully-vaccinated travelers no longer need to show proof of a negative antigen or molecular test prior to their flight or arrival at the border. The move comes two years into the pandemic as travel picks up and provinces and territories end other restrictions.
The federal government still requires all travelers to complete the ArriveCAN app prior to entering Canada, as well as continue to randomly test travelers upon arrival in Canada to identify and track variants.
European Union - Protection Measures for Ukrainian Nationals
The European Union has enacted Directive 2001/55/EC in order to enable immediate and temporary refuge in the European Union to Ukrainian citizens who have been displaced on or after February 24, 2022, as a result of the military invasion by Russian armed forces. Due to the current influx of refugee to the region, , the EU and its member states have re-evaluated their standard border-crossing policies and practices in order to address the ongoing crisis. Please see the EU Commission’s publication, with comprehensive information regarding the measures here.
As mentioned in our previous alert, while it first came into being in 2001, this Directive was never before implemented. The Directive requires all 27 EU member countries to establish their own procedures, which can sometimes vary from city to city. It is important to note that the member states are all demonstrating a commitment to making the process run as smoothly as possible. However, based on the experiences and observations of the past few weeks, many local authorities are overwhelmed and backlogged yet assure the public that all applications will be addressed.
Ireland - COVID Restrictions Lifted
Individuals travelling to Ireland are no longer required to complete a Passenger Locator Form, provide proof of vaccination (or proof of recovery from COVID-19 or negative PCR test), or complete possible post-arrival testing and quarantine. These new rules are effective as of March 6, 2022. Please see the Irish authorities’ website for up-to-date information about entry requirements.
Singapore - Upcoming Policy Changes Announced
The Singapore government has announced a series of immigration and workforce policy changes to be implemented over the course of the next few years. Among these will be an increase to the minimum monthly salaries for Employment Pass (EP) and S Pass holders, and the foreign worker levy for S Pass holders, incrementally from September 2022 to September 2025. Additionally, EP candidates will be required to pass a points-based Complementarity Assessment Framework (COMPASS) as part of the eligibility determination.
The Ministry of Manpower (MOM) will pilot a “Global Rotation Scheme,” which will facilitate international companies bringing in high-potential employees from abroad and, in return, posting local Singaporeans in other countries to gain exposure through a leadership development program. The MOM stated that it will help ensure the EP framework has the flexibility to allow for such rotations, and will continue to announce details.
For more information about the upcoming changes, please see the announcement from the MOM here.
Slovakia - Extends Provision of the Temporary Protection Directive to other Groups from the Ukraine
The government decided that as of March 17, 2022 a broader group of refugees from the Ukraine may benefit of the Temporary Protection Directive.
The provision will extend to the following:
- Ukraine nationals and their family members, if the family members were present and resided in the Ukraine before February 24, 2022.
- Foreign Nationals who have international protection granted in the Ukraine and who were present in the Ukraine before February 24, 2022.
- Foreign Nationals who have permanent resident status in the Ukraine which was granted prior to February 22, 2022.
Switzerland - Protected Status for Ukrainian Citizens
The Swiss Federal Council announced on March 11, 2022 the implementation of protection S status for citizens of Ukraine who have had to leave their homeland because of the war. With protection status S, a specific group of people can be granted collective protection for the duration of a serious threat, especially during a period of war. This is the first time the Swiss government has enacted such an order, and it largely corresponds to the Directive 2001/55/EC solution adopted by the EU member states. Refugees will quickly receive residence authorization for up to one year without having to go through the typical asylum procedure. Ukrainians can enter without a visa and stay freely in the Schengen area (including Switzerland) for a total of 90 days.
In addition to Ukrainian citizens and their family members, persons from third countries who have a valid residence permit in Ukraine prior to their travel and cannot return safely and permanently to their home country may also be eligible for protection S status.
United Kingdom - Visas for Ukrainian nationals and their Family
The UK visa support for Ukrainian nationals has been introduced by the UK government. The latest information about available UK visa routes and visa concessions for Ukrainian nationals and their family members can be found here on the UK government website. There are several routes for Ukrainian nationals to apply for UK visa:
- Ukraine Family Scheme allows family members of British nationals, UK settled persons, and certain others to visit or stay in the UK. The full list of relations is exhaustive, but discretion may be applied and extended family members may also apply and be admitted under the scheme.
- Ukraine Sponsorship Scheme (Homes for Ukraine) allows individuals, charities, community groups, and businesses in the UK to bring Ukrainians to safety - - notably, including those with no family ties. Phase one of the scheme will allow sponsors in the UK to nominate a named Ukrainian or named Ukrainian family to stay with them in their home or in a separate property. Sponsors may register on the official portal to be added to the list of sponsors, but still would have to find the Ukrainian nationals they wish to sponsor themselves through social media, a charity or similar organization, or other community groups.
From March 15, 2022, holders of a valid Ukrainian international passport (or expired Ukrainian international passport with an official extension stamp endorsed by the Ukrainian government - including embassies and consulates) who have not yet made an online application for Ukraine Family or Ukraine Sponsorship Scheme will need to make an application but will not need to attend a meeting at the visa application centre (VAC) to submit their biometrics. This approach is provided the applicant uploads a copy of the valid Ukraine international passport (photograph page) on the TLS document upload app (or VFS document upload app if applying in location outside of Europe or Africa). The applicant will then be sent a “permission letter” to travel to the UK and biometrics will be taken once in the UK.
Right to work check updates from April 6, 2022 and October 1, 2022
From April 6, 2022, the UK right to work check procedures are changing. As of that date, anyone with a BRP, BRC or FWP permit cards will not be able to rely on the physical manual card check. Instead, they must provide their right to work and right to rent evidence through the online portal on the gov.uk website.
In the meantime, adjusted right to work checking allowing employers to rely on scanned copies and electronic video calls (under the COVID-19 concessions applying to manual right to work checks) are being extended until September 30, 2022.
You can find more information on this update in our previous alert here.
Temporary suspension of priority and super priority services for UK visa overseas applications
UK Visas and Immigration is currently prioritizing applications made by Ukrainian nationals and their family members in response to the humanitarian crisis arising from the invasion of Ukraine. As a result, UKVI have temporarily suspended priority and super priority services for new study, work, and family applications. Customers with standard applications in study, work, and family routes may experience some delays in the processing of their applications. The standard processing times for UK work visa applications is 3 weeks, and family-based applications may take up to 6 months. Standard visitor visa applications are still delayed and are currently taking up to 6 weeks to process, but priority options remain available in most locations.
You can monitor the UK visa decision making time here.
COVID-19 Travel Restrictions Update
From 4 am on Friday, March 18, 2022 all remaining COVID-related travel restrictions were removed to enter the UK. Travelers to the UK no longer need to:
- take any COVID-19 tests before travel or after the arrival date
- fill in a UK passenger locator form before travelling to the UK
This will apply whether the travelers are vaccinated or not. There is also no need to quarantine upon arrival in the UK.
