December 2023 Global Immigration Alert

Please note, while we address some country-specific updates related to the COVID-19 pandemic, this Alert 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.

China – Visa Free Entry for Nationals of Six Countries

Effective immediately and until November 30, 2024, China is now offering visa-free entry for citizens of France, Germany, Italy, The Netherlands, Spain, and Malaysia when traveling for business, tourism, visiting relatives or friends, or transiting through China.  Eligible individuals will only need to carry a valid passport and flight ticket, and no visa is needed. Please see further details here.

Costa Rica – Digital Nomad Visa

Costa Rica now offers a digital nomad visa, the Estancia para Trabajador y Prestador Remoto de Servicios.  It allows foreign nationals to stay in Costa Rica while providing services to an employer located outside Costa Rica and remaining on foreign payroll.  The minimum salary is U.S. $3,000 per month payable outside Costa Rica and the foreign national needs to hold valid insurance with medical coverage of at least U.S. $50,000.

The visa is granted for an initial period of 1 year, and can be renewed for 1 additional year for a total of 2 years.

Denmark –  New Work Permit Exemption Rules

The Danish government released regulations regarding work permit exemptions for foreign national employees working within affiliated companies.

These employees are allowed to work in Denmark in two separate working periods – 15 working days each within 180 days.

These 2 periods must be separated by a stay outside of Denmark of at least 14 days’ time.

It is required that:

• The Danish Company have a minimum of 50 employees
• The Employee work at the affiliated company abroad and should work at the affiliated company in Denmark

It is important to note that these new regulations do not apply to the following industries unless  the foreign national  performs management-level or specialized work:

• Construction
• Agriculture
• Forestry and Horticulture
• Cleaning (including window cleaning)
• Hotel and Catering, as well as carriage of goods by road

Ireland – Change of Application for Permanent Residence (Stamp 4 Letter) Application Process

The Department of Enterprise, Trade and Employment (DETE) will cease accepting applications for permanent residence, Stamp 4 support letters, as of November 30, 2023.  This will have an impact on Critical Skills Employment Permit (CSEP) holders, Researchers on a Hosting Agreement, and NCHD Multi-Site General Employment Permit holders wishing to transfer to a Stamp 4 Immigration permit.

It is important to note that an applicant must have been registered and holding a valid permit for a minimum of 21 months under a Stamp 1 on the basis of a CSEP and/or Hosting Agreement, or under Stamp 1H as a Non-Consultant Hospital Doctor on the basis of a Multi-Site General Employment Permit. Applications for renewal are accepted up to 12 weeks prior to expiry to allow sufficient time for processing”.

Peru– Digital Nomad Visa

The Peruvian government announced that a digital nomad visa will be introduced soon.  It will allow foreign nationals to stay in Peru while being employed overseas.  The initial validity should be one year with the possibility to extend.  Details regarding the requirements are expected to become available in 2024.

Malaysia – i-KAD Card

The Immigration Department of Malaysia (MDEC & ESD) has reinstated the i-KAD Card for Employment Pass holders.  The issuance process for  i-KADs had encountered technical difficulties in 2019, and for that reason it was temporarily suspended. 

Schengen Visa Applications – Online Application Filing

On November 13, 2023 the European Council of the European Union adopted new rules which will allow applicants to apply online for a Schengen visa.  The Schengen area is a zone of 27 European countries which have abolished many types of internal border controls.

The new rules trigger:

• Creation of an EU visa application platform. With a few exceptions, applications for Schengen visas will be filed using that platform.  On the platform, visa applicants will be able to enter all the relevant data, upload electronic copies of their travel documents and supporting documents, and pay their visa processing fees.
• In-person filing will only be required for first-time applicants, applicants whose biometric data are no longer valid, and applicants holding a new travel document
• Replacement of the current visa sticker with a cryptographically signed barcode

Sweden – End of “Fast Track” Route

• The Swedish Migration Agency has announced that the Fast Track process, which allowed expedited processing, will cease to exist on December 15, 2023.
• A new work permit application system will start on January 29, 2024.
• The gap between these two systems can cause delays, so if at all possible applicants are advised to file work permit applications prior to December 15, 2023.

Switzerland – Quotas for 2024

The Swiss Federal Council has announced the following permit quota for 2024:

Work permit quotas for assignees from EU/EFTA:

L permits: 3,000

B permits: 500

Work permit quotas for non-EU/EFTA nationals:

L permits : 4,000

B permits : 4,500

The  Swiss Federal Council has published separate quotas for UK nationals as the United Kingdom is not part of the European Union any longer:

L permits: 1,400

B permits: 2,100

United Kingdom –  Immigration Health Surcharge Increase on or after 16 January 2024

As a reminder to all our clients, effective 16 January 2024 or subsequent dates, the Immigration Health Surcharge (IHS) rates will undergo a substantial increase of  66%.  The IHS is applicable to most UK visa applications.  The IHS entitles migrants to use the NHS if the applicant becomes unwell or has an accident while in the UK.  Every applicant has to pay the IHS even if they do not use the NHS, or even if they have their  own private health insurance.

1. Rates for children, students, their dependents, and Youth Mobility workers will increase from £470 per year to £776 per year
2. Rates for all other applicants will increase from £624 per year to £1,035 per year

This means that the regular Skilled Worker visa fees for one employee for 5 years would incur an additional increase of £2,055. This amount further increases if the main applicant has dependents (extra £2,055 for a partner and £1,530 per child).

The implementation date is contingent upon the official enactment of the Immigration (Health Charge) (Amendment) Order 2023.  The change will come into force on 16 January 2024 or three weeks after the order becomes law - - whichever is later.  The Order still needs to be approved by both Houses of Parliament.

The impending changes will significantly affect applicants and companies looking to apply for UK visa.  

Autumn Statement

1. Potential updates to UK visitor rules

On 22 November 2023 as part of the Autumn Statement, Chancellor Jeremy Hunt announced a commitment to simplifying and expanding the permitted activities for foreign business visitors to the UK.  This was previously announced in the Spring Statement, but so far we have not seen an actual change to the UK Immigration Rules to be published or implemented.  The new target date for the upcoming changes is January 2024.

The changes to the UK visitor rules will mainly be focused on intra-corporate activities, the legal services sector, and paid engagements.  The UK government also specified that some changes can be implemented during 2024 on the basis of trade agreements.

2. Minimum Wage rates are increased

Significant increases to Minimum Wage rates from 1 April 2024 have been announced:

• National Living Wage (21 and over): £11.44 (up 9.8%)
• 18-20 year old rate: £8.60 (up 14.8%)
• 16-17 year old rate: £6.40 (up 21.2%)
• Apprentice rate: £6.40 (up 21.2%)
• Accommodation offset: £9.99 (up 9.8%)

Employers need to review and ensure their salaries are compliant.  In particular, those who have interns working for them under Temporary Worker Government Authorised Exchange scheme should keep in mind that the minimum wage requirement is one of the UK visa conditions for these individuals.