March 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.

Brazil – Tourist and Business Visitor Visas Required for Certain Nationalities

Starting on April 10, 2024,  Australian, Canadian, and United States passport holders will require a visa to enter Brazil for tourist or business purposes.  The Brazilian government has outsourced visa services to an organization called “VFS Global.” The visa application can be filed online and processing times are expected to take approximately five days.  Please see further details here .

Germany – Use of EU Blue Card in Another EU Member State and Increase of Work Authorization for Students

In implementing the requirements of Directive (EU) 2021/1883, the German legislature has restructured and widened the migration possibilities of  an EU Blue Card:  Holders of an EU Blue Card issued by another EU Member State will be entitled to short-term and long-term mobility in Germany.  For a maximum stay of 90 days, Blue Card holders from other EU countries will be able come to Germany and stay in Germany for the purpose of work activities directly related to their employment.  Neither a visa nor a work permit from the Federal Employment Agency (BA) will be required for such short stays.

After a minimum stay of twelve months with an EU Blue Card in another EU country, long-term residence in Germany is possible without a visa.  After entering Germany, the professional must file an application for a German EU Blue Card at the local immigration office.

As of March 1, 2024 student permit holders will be able to work up to 140 full days or 280 half days per calendar year (instead of only up to 120 full days or 240 half days).

Serbia – Introduction of Online Filing System and Single Permit

In February 2024, Serbia introduced an online filing system to streamline the application process.  In addition, the work and residence permits are combined into one single permit.  With this development, Serbia follows other European countries that accommodate applicants so that the application is filed with one agency and authorities handle the review by the various parties internally.

Singapore – Increase of Local Qualifying Salary and Minimum Hourly Rate

Singapore announced that the local qualifying salary (LQS) will be raised from S$1,400 to S$1,600 monthly, effective July 1, 2024.  In addition, the minimum hourly rate will be increased to S$10.50 per hour (up from S$9), please see here.

The LQS determines the number of local employees who can be used to calculate a company’s Work Permit and S Pass quota entitlement

Slovak Republic – Extension of “Temporary Refuge” Status for Ukrainians

The Government of the Slovak Republic confirmed an extension of the provision of temporary refuge to citizens of Ukraine and their family members until March 4, 2025.  The official press release can be found on the website of the Ministry of Interior here.

The United Kingdom – UK Right to Work Guidance, Significant Salary Increase, Creation of Account for BRP Card Holders, and Ukraine Scheme

Update to UK Right to Work Guidance

On February 8, 2024, the Home Office published an updated Employer’s guide to right to work checks. The most notable changes include:

• Increased maximum penalties to £60,000 per illegal worker. Any employer issued a penalty notice on or after February 13, 2024 is subject to a maximum £45,000 civil penalty being imposed for a first breach of the scheme and a maximum of £60,000 per illegal worker for repeat breaches. The increased penalty will only apply if the illegal work identified in the notice ended after February 12, 2024.
• Instructions on how to report illegal work. The guide now includes detailed information on how to report illegal employment identified during a follow-up right to work check. This advice is aimed at assisting employers to meet one of the mitigating factors that are relevant for calculating the level of civil penalty imposed for illegal working.
• Additional steps for employers taking employees on supplementary employment. Annex B to the Employer’s guide now also contains useful expanded guidance for employers on supplementary employment, including what information must be retained for any employee on work visas and who is taking on supplementary employment.  The employer now must collect from the employees further information for their UK right to work check to be valid, such as: (1) collecting information to ensure the supplementary employment meets the requirements in a form of a letter or other evidence from their sponsor confirming they’re still working for their sponsor; the job description and occupation code of their sponsored employment (if their supplementary employment is not in a shortage occupation); their normal working hours, and (2) confirmation that employee is not taking on any other supplementary employment.
• Updated right to work check processes for the EU Settlement Scheme. Last year, the Home Office published a number of important adjustments to the EU Settlement Scheme and major changes to policies on pre-settled status extensions, late applications, and ongoing right to work considerations. The previous wording in the Employer’s guide reflected these changes, but it has been reviewed in the new version and brought to up to date.  Employers should ensure that they are consulting the latest guidance when making a check on any individuals with EUSS status or a pending application.

UK Skilled Worker changes on April 4, 2024 – Significant Salary Increase

From April 4,  2024, the general salary threshold for new applicants under the Skilled Worker route will increase from £26,200 to £38,700 per year.

The planned general salary threshold increase will not affect those already in the Skilled Worker route when they change sponsor, extend their visas, or settle.

However, their salary is still expected to increase in line with the minimum going rate salary requirement as set out in the relevant standard occupation codes.  The new updated going salary rates are going to be published on April 4, 2024.  The expected increase will come with an updated Occupational code 2020 to replace current 2010 list.

New going rates will apply as follows from April 4, 2024:

• For new Skilled Workers: from April 2024 the going rates for new applicants will be increased from the 25th percentile to the median (50th percentile) for each occupation code, using ASHE data from 2023 instead of 2021. For many occupation codes this will mean a big jump in going rates salary.
• For existing (pre-April 2024) Skilled Workers: those already in the Skilled Worker route before the April 2024 changes will continue to be set at the 25th percentile for each occupation code, but based on the latest ASHE 2023 instead of 2021 data.

This means that the salary rates will still increase and be updated, although not nearly as much as for new Skilled Worker applicants.

The Shortage Occupation 20% discount will be also updated and replaced by a new Immigration Salary List (ISL) that was rapidly reviewed by the Migration Advisory Committee.  The new proposal published on February 23, 2024 recommended that only 21 occupations be included on the ISL.  This represents a reduction to only 8% of job roles eligible for the Skilled Worker route by employment.  Currently, approximately 30% of job roles eligible for the sponsorship under reduced rates for shortage occupation. New ISL will allow possibly 80% of the new higher £38,700 threshold, which would make the lower threshold £30,960.

As MAC noticed in their report, in many cases the lower threshold will be irrelevant because the new going rates will be much higher than this.  So, the MAC has not included in the ISL most of the Engineering and Information Technology roles previously included on the SOL.  These roles will no longer benefit from a 20% reduction and the new general threshold and occupation specific threshold will need to be met  as of April 4th.

A lower reduced salary rate for New Entrants will continue to apply for applications after April 4, 2024. This option allows employers to pay a lower salary rate with a reduction of 30% for new entrants to job market who meet one of the requirements: being under age of 26, having been last issued with a Student or Graduate visa, or working towards approved qualification.  

It is expected that a full and major review of the ISL, including a more in-depth analysis of what it is intending to achieve, will take place later in 2024.

BRP Card Holders are Required to Create Account

In 2023, in effort to introduce a fully digital immigration system, the UK Government announced that the Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC) will be phased out and from  January 1, 2025 will no longer be in circulation.

From 2020, UK visa holders notice that their BRP/BRC cards all have an expiration date of December 31, 2024 regardless of visa validity beyond this date.  The Government advised that from 2025 physical cards will be replaced by electronic visa records.  Visa holders will be able to view their immigration status online only and physical cards will no longer be in operation.

From April 2024, BRP card holders will need to create an online UKVI account in order to update their status.  The account will contain their visa details and other personal information such as contact or identity documents details.  The Home Office said they will be emailing BRP holders from April 2024 (the exact date is currently unknown) asking them to create a UKVI account.  This should be free and be straightforward.  Accordingly, all BRP holders should double check that their contact details are up to date with UKVI to ensure they do not miss these updates from the Home Office.

Where contact details are not available, the Home office will communicate the changes using various channels to remind card holders of the need to take action before their BRPs expire at the end of the year.  It is important for all BRP holders to take action and update their details as soon as this is available to avoid any impact on ability to proof their UK status.

Ukraine Scheme Updates

On February 18, 2024, the Home Office has announced that Ukrainians who are in the UK under one of the existing Ukraine Schemes will be "permitted to extend their visa."  This process will require an application, and that process will only open early next year in January 2025.  More details are awaited about the process and requirements.

A significant change is the closure of the Ukraine Family Scheme.  Any applications made before 15:00 GMT on February 15, 2024 will be considered under the rules in force on February 18, 2024.  After that time, the route will be removed from the Rules and closed to new applicants.

The list of potential grounds for refusal under the Homes for Ukraine Sponsorship Scheme (in UKR 12.1) and the Ukraine Extension Scheme (UKR 22.1) have been expanded.  This now includes previous breach of immigration laws and failure to provide required information as grounds for refusal.