July 2023 Global Immigration Alert

By: Gabriele Vennewald, Rania Abboud, and Nelli Shevchenko

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.

Australia – Increase of Government Filing Fees

Government filing fees in Australia will increase as of July 1, 2023.

Please see the following visa application charges for each respective visa subclass (all fees are noted in Australian dollars):

TSS PROGRAM:

Visa application charges for TSS Short-Term stream:
- Sponsored employee – $1,455
- Additional Applicant Charge (Partner or dependent aged 18 or more) - $1,455
- Additional Applicant Charge (Dependent aged under 18) – $365
Visa application charges for TSS Medium-Term stream:
- Sponsored employee – $3,035
- Additional Applicant Charge (Partner or dependent aged 18 or more) - $3,035
- Additional Applicant Charge (Dependent aged under 18) – $760

TEMPORARY WORK (SHORT STAY) SUBCLASS 400:

Base application charge - $405
Additional applicant charge (adult) - $405
Additional applicant charge (child under 18) - $105

ENS PERMANENT RESIDENCE 186 PROGRAM:

Base application charge - $4,640
Additional applicant charge (adult) - $2,320

Additional applicant charge (child under 18) - $1,160

The increases are more substantial than anticipated due to a CPI increase of 3.25%, plus a further revenue raising increase. For the TSS program and ENS186 program, the total increase is more than 9%. There will continue to be a 1.4% credit card surcharge on top of the above-noted figures when the payments are made by credit card.

Canada – New Federal Pathway to PR and Tech Talent Strategy Work Permits for H-1B holders

On June 6^th, 2023, the Canadian government announced the addition of 13 countries to the electronic travel authorization (eTA) program. Travelers from these countries who have either held a Canadian visa in the last 10 years or who currently hold a valid United States non-immigrant visa can now apply for an eTA instead of a visa when travelling to Canada by air. Eligible travelers from the following countries can now benefit from the eTA program:

Antigua and Barbuda
Argentina
Costa Rica
Morocco
Panama
Philippines
Kitts and Nevis
Lucia
Vincent and the Grenadines
Seychelles
Thailand
Trinidad and Tobago
Uruguay

On June 12^th, 2023, the government of Canada opened a new Federal Pathway for permanent residence with two new immigration streams for skilled refugees and other displaced individuals under the Economic Mobility Pathways Pilot (EMPP). One stream is tailored to candidates who have a job offer from a Canadian employer, and the second stream is available to highly skilled refugees without job offers. Under the new Federal Pathway, Canadian employers can hire candidates who qualify to fill a wide range of in-demand jobs. The new pathway provides a streamlined application process resulting in shorter processing times.

To apply for the EMPP through the job offer stream, candidates must meet minimum requirements for language, past work experience and education. They do not need to show proof of an education credential assessment or proof of settlement funds.
To apply for the EMPP through the EMPP Federal Skills Without a Job Offer Stream (no job offer stream), candidates must meet higher requirements for language, past work experience and education because they will need to find work after they arrive in Canada. They also need to show proof of an education credential assessment and have a certain amount of funds available to show that they are able to establish themselves in Canada.

On June 15^th, 2023, Immigration, Refugees and Citizenship (IRCC), announced the expansion of the Francophone Mobility Program, for a period of two years, which allows a Canadian employer to make a job offer to an eligible candidate with a moderate command of French for all National Occupation Classification with the exception of jobs in primary agriculture. This measure, initially reserved for highly skilled French-speaking temporary foreign workers, now opens doors to more French-speaking immigrants by offering them the opportunity to gain Canadian work experience and potentially qualify for permanent residence. Applicants must now provide proof that they meet these language requirements. This documentary evidence may be but is not limited to: a French evaluation test or the French competencies test, a diploma or degree from a French college or university, or a document confirming studies at a French-language institution.

On June 27, 2023, IRCC launched Canada’s first-ever Tech Talent Strategy to help businesses in Canada thrive in a competitive landscape. As part of Canada’s first-ever Tech Talent Strategy, Minister Fraser announced the following aggressive attraction measures:

As of July 16^th, 2023, individuals holding H-1B specialty occupation status in the United States will be eligible to apply for an open work permit valid for up to three years. While details on eligibility criteria are forthcoming, the new route is expected to be open to individuals who have a status that is “expiring soon”. Open work permits allow foreign nationals to work in almost any occupation for employers across Canada.
The development of an Innovation Stream by the end of 2023 under to the International Mobility Program to attract highly talented individuals, options for which include:

1. Employer-specific work permits valid for up to five years for foreign nationals seeking to work for a company identified by the government as contributing to industrial innovation goals in Canada; and
2. Open work permits for up to five years for highly skilled workers in select in-demand occupations

The promotion of Canada as a destination for digital nomads. The government expects that some digital nomads who initially enter Canada to work remotely for a foreign employer will ultimately seek work opportunities within Canada for domestic employers and apply for a work permit and/or permanent residence, thus bringing their skills and talent to the local marketplace.
The government has re-committed to a 14-day standard processing time for work permit applications under the Global Skills Strategy, which was previously not guaranteed due to backlogs throughout the COVID-19 pandemic.
Improvements to the Start-up Visa Program where Applicants will be able to apply for a work permit that is valid for up to three years, instead of the current validity of one year. Applicants will also be able to apply for an open work permit instead of one that limits work to their own start-up and Applicants will no longer need to prove their role is essential to the business to obtain a work permit. These measures are expected to be implemented by the end of 2023.

Israel – Possible delay for Processing of B 1 Work Visa Applications

In June the Foreign Ministry Employees’ Labor Union, has instructed the Israeli Consulates worldwide to prepare for the imminent return of sanctions and strike. This could trigger in a first step that passport applications for Israeli citizens would not be processed any longer. In a next step processing of B 1 work visa applications could be impacted.

For that reason, it is recommended to proceed with filing of B 1 work visa applications as quickly as possible to avoid delayed processing times due to strikes at Israeli Consulates worldwide. Please find further information here.

New Zealand - Partner Work Rights

The visa eligibility conditions for domestic partners of Essential Skills and Accredited Employer Work Visa holders changed as of May 31, 2023.

The majority of partners now need to work for an accredited employer and earn at least the median wage (currently NZ$ 29.66). This would be different if an uncapped sector agreement is in place which allows a lower hourly rate for that occupation.

Some flexibility has been retained, including:

No requirement to have a job offer.
No need for employers to advertise.
Freedom to move between compliant jobs without updating the immigration authorities New Zealand (INZ).

Exceptions:

Please note that these new conditions will not apply to:

Partners of New Zealand citizens or residents.
Partners of individuals who meet Green List requirements or earn double the median wage (currently $59.32).
Partners of individuals holding other temporary visas e.g., specific purpose.

Accredited employer search tool

INZ has created a search tool to help partners check if an employer is accredited. This can be found here.

Consequence of this change is that employers will face more difficulties to hire foreign nationals on partnership visas.

The change of regulations will not impact partnership visa applications filed prior May 31, 2023.

Philippines – eTravel Registration Procedure

The Philippines require nowadays that all travelers register individually on the eTravel platform here within 72 hours of their intended arrival. They will receive a QR code upon registration which they must present to the Bureau of Quarantine officers upon arrival in the Philippines for verification.

In case of departure, only Filipinos are required to register in the system within 72 hours but not less than three hours from their scheduled departure from the Philippines.