December 2024 Global Immigration Alert

Please note:  while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. 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.

 

Australia – Introduction of Skills in Demand Visa

The Australian government has proposed changes to the temporary skilled worker framework through the introduction of a “Skills in Demand” (SID) visa.   Please see the following basic details:    

• Temporary skilled worker visa with up to 4 years’ validity 
• Clear pathway to Australian permanent residence 
• Visa will have 3 streams : (1) Specialist Skills, (2) Core Skills, and (3) Labor Agreements 
• (1) The Specialist Skills stream:  will be for highly skilled migrants earning at least AU$ 135,000 in any occupation except trades workers, machinery operators, drivers, and workers
• (2) Core Skills stream:  will be for skilled employees and there will be a new Core Skills Occupation List and a Core Skills Income Threshold
• (3) Labor Agreement stream:  the existing TSS Labor Agreement stream will be renamed the “Skills in Demand Labor Agreement stream.”
• Work experience requirement reduced to one (1) year 
• As the TSS visa will be replaced by the SID visa, existing short-term and medium-term streams of the TSS visa will be closed to new applications.
• Implementation of this visa type is scheduled to happen before the close of 2024.

As of this writing, we are waiting for the publication of specific details regarding requirements, processes, and the Core Skills Occupation List.

Canada - New Regulations for International Students; Changes to Visitor Visa Policies; Anticipated Increase in Asylum Seekers; and Recent Express Entry Draw

Effective November 15, 2024, Canada implemented new regulations for the International Student Program to enhance sustainability and protect students from exploitation.  These measures include stricter oversight of educational institutions and improved support systems for international students.

As of November 8, 2024, Immigration, Refugees and Citizenship Canada (IRCC) revised guidelines for issuing single-entry and multiple-entry visitor visas.  The updated policy grants immigration officers greater discretion in determining the type of visa issued, aiming to streamline the process and improve resource allocation.

In follow-up to the U.S. presidential election, Canadian authorities are preparing for a potential surge in asylum seekers from the United States.  The Royal Canadian Mounted Police have developed contingency plans to manage increased irregular migration, particularly in Québec.  This preparation is in response to President-elect Donald Trump’s proposed large-scale deportations.

On November 3, 2024, the Québec government announced a moratorium on two permanent immigration programs until June 30, 2025.  The affected programs are the Regular Skilled Worker Program and the Graduate Stream of the Québec Experience Program (PEQ).  This measure aims to prevent an influx of permanent immigrants that could exceed the province’s capacity.

In November 2024, IRCC conducted several Express Entry draws:

• November 12: 733 invitations issued to Provincial Nominee Program candidates with a minimum Comprehensive Ranking System (CRS) score of 812.
• November 13: 400 invitations issued to Canadian Experience Class candidates with a minimum CRS score of 547.
• November 15: 800 invitations issued to French language proficiency candidates with a minimum CRS score of 478.
• November 18: 3,000 invitations issued to Provincial Nominee Program candidates with a minimum CRS score of 539.
• November 19: 400 invitations issued to Provincial Nominee Program candidates with a minimum CRS score of 816.
• November 20: 3,000 invitations issued to Canadian Experience Class candidates with a minimum CRS score of 539.

These draws reflect Canada’s ongoing commitment to attracting skilled immigrants through the Express Entry system.

The recent updates in Canadian immigration policies indicate a strategic shift towards balancing economic needs with infrastructure capacity and social services.  The government is implementing measures to ensure the sustainability of immigration programs while addressing domestic concerns. Stakeholders should stay informed about these changes to navigate the evolving immigration landscape effectively.

New Zealand – Positive Changes to Partner Work Rights

Currently, most partners of Accredited Employer Work Visa (AEWV) holders are granted conditional work visas, allowing work at median wage or higher for an accredited employer only.  Exceptions are in place for partners of AEWV holders working in Green List roles, or earning at least double the median wage.

Starting December 2, 2024, more partners of migrant workers will receive open work visas.  This will include:

• Partners of AEWV holders working in an ANZSCO Level 1-3 role earning at least $25.29 an hour.
• Partners of AEWV holders earning at least $25.29 an hour if they were already supporting a partner for a work visa on June 26, 2024.
• Partners of AEWV holders working in an ANZSCO Level 4-5 role
• Partners earning at least NZD$47.41 an hour; or
  • earning at least NZD$31.61 an hour in a Green List role, having met the Green List requirements for the role; or           
  • earning at least NZD$25.29 an hour, having met the requirements of a role in the Transport or Care Sector Agreements (or the wage specified in the sector agreement; whichever is higher).

• Partners of Essential Skills Work Visa holders earning at least $25.39 per hour.
• Eligible partners on conditional work visas will be able to vary these to open work rights.

With removal of these restrictions, New Zealand hopes to attract more skilled workers.

Singapore – Changes to COMPASS Framework

Singapore’s Ministry of Manpower (MOM) will implement updated criteria for the COMPASS framework, impacting both new Employment Pass (EP) applications as of January 1, 2025 and renewal applications  of EPs expiring as of January 1, 2026.

Reason for the following upcoming changes to several key areas is Singapore’s effort that the COMPASS framework remains aligned with market conditions:

• C1 Salary – New salary benchmarks have been introduced by sector, aligning with current economic conditions.
• C2 Qualifications – The list of institutions eligible for 20 points and professional qualifications eligible for 10 points has been revised.
• C5 Shortage Occupation List (SOL) – The SOL has been expanded to include new occupations, particularly focusing on addressing the skills shortages in the Semiconductor industry.

Please refer to the updated SOL Employer Guide for further details.

These upcoming changes may trigger employers to  adjust their salary offerings to meet the new sector-specific benchmarks.  Applicants will potentially be impacted by the points awarded in the qualifications category and the additional new occupations to the Shortage Occupation List will create more opportunities for candidates in specific industries, such as the Semiconductor sector.

The new salary benchmark will be applicable to EP applications as of January 1, 2025 and for EP renewal applications as of January 1, 2026.   The other changes (list of institutions eligible for 20 points and updated professional qualification eligible for 10 points) will be applicable to New EP and EP Renewal applications as of January 1, 2025.

We recommend using  the updated Self-Assessment Tool (SAT) before submitting new or renewal EP applications after  January 1, 2025.

Spain – Extended Validity of Job Seeker Visa

Spain intends to extend the validity of its job seeker visa from three months to a full year in 2025. 

The Job Seeker Visa shall allow foreign nationals to live in Spain temporarily while actively searching for work.  Once a job offer is secured, the foreign national will need to convert the visa to a work visa with the help of the employing company.

This visa falls under the category of non-lucrative residence permits, which means that holders are not authorized to work until their employment status is formalized.  However, the extended validity period promises to alleviate the pressure on job seekers, giving them ample time to explore opportunities across Spain's diverse job market.

The visa extension aligns with broader immigration reforms to address Spain's labor shortages.  

The Spanish government announced that it plans to regularize 300,000 undocumented migrants annually through 2027, granting residence and work permits to nearly 900,000 individuals over a period of three years.

The United Kingdom – Digital UK immigration system deadlines

Upcoming deadline for eVisa registration

All UK Biometric Residence Permit (BRP) cards expire on December 31, 2024, regardless of individual visa or residence permit validity.

From January 1, 2025, physical immigration cards will be replaced by electronic visa (eVisa) records.

This process is not automatic, and each person who holds a UK immigration status must check that they registered for eVisa as soon as possible to avoid delays on return to the UK, especially, if they are travelling outside the country for the  winter holidays.

Action Required

UK visa and permanent residence (known as “Indefinite Leave to Remain” or “No Time Limit”) holders must create a UKVI eVisa account.

Process applies to all visa holders, including domestic partners and any children under 18 years old.

Registration Process summary:

1. Link for registration: https://www.gov.uk/get-access-evisa
2. Free and straightforward, this not a UK immigration visa application.
3. Takes 10 to 15 minutes to complete the entire process.
4. Must be completed in person or in the presence of the person being assisted, because it requires a digital photo and scan of the identity document.
5. Need a travel document (passport) or BRP card and visa application reference number to register.
6. Requires access to the phone with NFC technology to download the official App (‘UK Immigration: ID check’), scan the QR code, scan the documents, and take a picture of the applicant’s  face.
7. Individuals can check to see if they already have an account for eVisa  by checking the  status at: https://www.gov.uk/view-prove-immigration-status

Traveler Responsibilities

1. Keep the BRP card when traveling until December 31, 2024.
2. Update contact details and link correct travel documents, such as all international passports, to the UKVI account.  If you changed or renewed your passport, you must add this in advance.
3. Ensure you have access to your UKVI account, and additionally have a copy of the Share code or your latest UK visa decision letter with you available when travelling to avoid any technical issues at the border.
4. Maintain up-to-date personal information in UKVI eVisa account by checking your existing details: https://www.gov.uk/view-prove-immigration-status
5. Ensure your contact details such as your phone number and email are correct.
6. Link to update details: https://www.gov.uk/update-uk-visas-immigration-account-details

Other important considerations

Second nationality: in order to add second nationality and identity document such as passport into the eVisa account, you are currently required to send your original passport by post to the UKVI address provided.  There is no timeline for return of the passport, but the UKVI states it will be as soon as possible.  Forthe future, the UKVI foresees developing  an online registration process in 2025.

NTL physical document status: Those with “Indefinite Leave to Enter or Remain” (settled status) using physical documents should apply for a free 'no time limit' (NTL) eVisa here.  They should continue using existing physical documents during and after application.  They should then receive eVisa access details in decision email/letter.

Other support and guidance can be obtained from the following UK government official resources:

1. Official eVisa ‘ask for help’ WebChat service: https://ukimmigration-support-webchat.homeoffice.gov.uk/evisa
2. Technical issues reporting contact details: https://www.gov.uk/contact-ukvi-inside-outside-uk
3. Recovery of access to the UKVI eVisa account: https://update-your-details.homeoffice.gov.uk/account-recovery/help. Account Recovery Online is a self-serve 24/7 solution to allow customers to safely recover access to their UKVI account online, rather than having to contact the UKVI Resolution Centre.
4. Reporting eVisa account errors: https://www.gov.uk/report-error-evisa
5. Official Guidance on the UKVI eVisa process: https://www.gov.uk/guidance/online-immigration-status-evisa

Launch of Electronic Travel Authorization (ETA) for all UK visitors

By April 2025, all visitors who do not need a visa for short stays up to six months, except British and Irish citizens, will need an Electronic Travel Authorization (ETA), a digital permission to travel to the UK.

The UK Government have now opened the application process for the next phases of the ETA rollout for eligible nationals. It is imperative that all travelers to the UK are aware that change is imminent. From 27 November 2024, all third country nationals (apart from the EU/EEA nationals) can apply for the ETA, if they are planning to travel to the UK on or after 8 January 2025.

The application form is online and can be found here: https://www.gov.uk/guidance/check-when-you-can-get-an-electronic-travel-authorisation-eta. Eligible applicants can also apply using their mobile phone through the ‘UK ETA App’, and it the decision for most applicants should come through within hours.

All nationals will require an ETA prior to travelling to the UK on short-term trips.  This includes all visitors coming to the UK for the following reasons: tourism; visiting family and friends; attending sporting or cultural events; for business trips and study as a visitor.

The introduction of the ETA scheme is a substantive change for millions of travelers, and it is important that the employers inform their business travelers of the change to ensure that those travelling to the UK can do so as smoothly as possible. Anyone without an ETA can be denied entry to the UK or even not allowed to board the plane or train.

UK and Irish nationals, as well as those who hold a UK visa or “Settled” status, are exempt from the ETA requirement.