May 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.

Bulgaria – Schengen Member

Bulgaria and Romania officially joined the Schengen Area on March 31, 2024.

Both countries will now issue Schengen visas, allowing holders to enter and stay in the Schengen area for up to 90 days within a rolling 180-day period.  It is important to note that a stay in Bulgaria and Romania will now count towards the overall 90-day limit for short-term stays (Schengen visas and visa-free travel) within the Schengen area.  Long-stay visas and residence permits issued by Bulgaria or Romania will now allow entry into other Schengen states to perform visitor activities.

For a full listing of countries included in the Schengen region, please see Schengen section below.

Canada – Student’s Work Off Campus Activities, Restrictions to Federal Business Program and Changes to Quebec Selection Certificate

Immigration, Refugees and Citizenship Canada (IRCC) has made an announcement regarding the temporary policy that permits eligible international students to work off-campus in Canada without any restrictions on weekly hours during academic sessions.  This policy is set to expire on April 30, 2024, as originally intended.  After this date, starting from May 1, 2024, students will be limited to working off-campus for a maximum of 20 hours per week, which aligns with the previous policy in place.  However, there is a plan to adjust this restriction sometime between September and November 2024, allowing students to work off-campus for up to 24 hours per week.  The rationale behind these measures is to encourage students to prioritize their studies and discourage them from obtaining study permits solely for work purposes.  These changes were implemented in response to the increased cost-of-living requirements for international students, which were introduced in January 2024 to ensure that students have adequate funds to sustain themselves while living in Canada.  As a reminder, foreign nationals who reduce their course load to part-time or cease studying altogether are not eligible to work off-campus. Additionally, eligible students can take advantage of full-time employment (up to 40 hours per week) during scheduled breaks.

IRCC has also recently introduced significant restrictions to Canada’s federal business programs in an effort to streamline processing times and address application backlogs.  These changes, effective as of April 30, 2024, are aimed at optimizing the immigration process for entrepreneurs and investors.

Here are the key points regarding these restrictions:

1) Start-up Visa Program Cap:

• Under the Start-up Visa Program, which facilitates permanent residence for entrepreneurs, IRCC will now limit the number of applications it accepts for processing each year. Specifically, IRCC will accept applications from a maximum of 10 start-ups per Designated Organization.
• To qualify for this program, applicants must receive support from a designated organization within Canada. These designated organizations include venture capital funds, angel investor groups, and business incubators that have been approved by the Canadian government to invest in or support potential start-ups through the Start-up Visa Program.
• Notably, there was previously no cap on the number of start-ups or applications that a designated organization could endorse.

2) Prioritization of Start-Up Visa Applications:

• IRCC will give priority to applications within the venture capital and angel investor streams of the Start-up Visa Program. Additionally, applications supported by a business incubator affiliated with Canada’s Tech Network will also receive preferential treatment.

3) Self-Employed Persons Program Suspension:

As of April 30, 2024, IRCC will temporarily suspend the acceptance of new applications under the Self-Employed Persons Program.  This suspension is necessary to address the backlog of existing applications, which has led to extended processing times (some exceeding four years).

During this suspension period, IRCC will evaluate options for reforming the Self-Employed Persons Program.  These measures reflect IRCC’s commitment to maintaining program integrity, supporting genuine entrepreneurs, and ensuring efficient immigration processes for those seeking permanent residence in Canada.

Lastly, on April 24^th, 2024, key changes made to the instructions for Quebec Selection Certificate (CSQ) holders who are currently outside Quebec:

• Annual Work Permit Applications: The instructions now explicitly state that 7,350 work permit applications will be accepted for intake each year, starting from 2023 (calendar year).  This measure aims to streamline the process and manage the influx of applications.
• In-Canada Applicants Using the Paper Option: In-Canada applicants who opt for the paper application method must now write on the envelope: “International Mobility Program Plus – A76 cap”, instead of the previous label: “International Mobility Program Plus – A76 cap 2022.” This change ensures consistency and clarity in the application process.
• Refusal Instructions Enhancement: The instructions related to application refusals have been updated.  Officers are now guided on how to clearly document their reasons for refusing an application.  This transparency aims to improve decision-making and provide applicants with better feedback.
• New Section: Open Work Permits for Family Members: A new section has been added to the instructions.  This section specifically addresses open work permits for family members.  It provides relevant details and guidelines for family members seeking work permits.

These changes reflect IRCC’s commitment to efficient processing and ensuring a fair and transparent system for CSQ holders and their families.

Indonesia – Implementation of Digital Nomad Visa

Effective April 1, 2024, the government of Indonesia implemented the Remote Worker Visa (E33G) program.

The visa will allow eligible foreign nationals to reside in Indonesia while working remotely for their foreign employer for a period of up to one year (with the option to renew for another year).

Requirements are among others:

• Employment by a foreign company outside of Indonesia,
• Minimum annual income of at least USD 60,000, and
• Proof of sufficient funds.

The application is filed online and expected processing times are approximately 10 days.  Once the Remote Worker e-visa is issued, the holder must enter Indonesia within 90 days.  Upon entry, the visa holder must apply for a Limited Stay Permit (ITAS) and Multiple Exit Re-Entry Permit (MERP). In addition, he/she must complete the local registration process including obtaining a police report and a residence permit.  Please see further details here.

Ireland – Eligibility for Stamp 4

On November 30, 2023 the Immigration Service Delivery (ISD) agency introduced a new model how to calculate the eligibility for a Stamp 4.  Critical Skill Employment Permit (CSEP) holders were required to count 21 months from the issuance date of the first IRP card (Stamp 1) to determine their eligibility for the Stamp 4 application, please see here.  This rule trigged that many CSEP holder were required to file a second CSEP application before being able to file the Stamp 4 application.  In addition, several local immigration offices inconsistently applied the new rule, so that on April 3, 2024, ISD decided after careful review to apply the previous rule again which focuses on the start of employment date based on the first CSEP, please see here.  

In summary, all foreign national employees residing in Ireland on a Stamp 1 are now eligible for a Stamp 4 permission upon completion of 21 months from employment commencement date, on the basis of:

• A Critical Skills Employment Permit;
• A Hosting Agreement as a Researcher; or
• A Multi-Site General Employment Permit as a Non-Consultant Hospital Doctor.

Or, upon completion of 57 months from employment commencement date, on the basis of:

• General Employment Permits; or
• Intra-Company Transfer Permits.

As per the above new process, CSEP holders are able to rely on the employment commencement date based on the CSEP permit in order to count the 21 months’ requirements, instead of counting it from the issuance date of first IRP Card (Stamp 1) which will be very beneficial for both employers and employees alike. In addition, this will likely reduce the requirement for second CSEPs in many cases.

Japan – Introduction of Digital Nomad Visa

The Digital Nomad Visa route is now also open in Japan, effective March 29, 2024.

The visa allows eligible foreign nationals (and family members) to reside in Japan while working remotely for their foreign employer for up to six months if they utilize information and communication technology in their position. The visa is not renewable.

Eligibility requirements include: being a national of a visa-exempt country that has a bi-lateral tax agreement with Japan; having a minimum annual income of at least JPY 10 million; and holding private medical health insurance. Please see further details here.

New Zealand – Changes to the AEWV Scheme

On April 7, 2024 the government introduced a number of significant changes to the Accredited Employer Work Visa (AEWV) scheme.  Please see in the following a high-level overview of these changes:

ANZSCO Skill Level 4 and 5 restrictions:

• Job vacancies for a role at ANZSCO Skill Level 4 or 5 now need to be advertised on an acceptable platform for 21 days. The employer must also contact Work and Income to confirm whether suitable New Zealanders are available.
• AEWV applicants for a role at ANZSCO Skill Level 4 or 5 are now required to meet a minimum standard of English.
• The maximum length of stay for most AEWV holders in ANZSCO Level 4 or 5 roles is now 3 years. Current AEWV holders may no longer be able to extend their maximum continuous stay from 3 years to 5 years. New AEWV applicants will receive a 2-year visa, extendable by 1 year with a new approved Job Check.

Skill level requirements:

• Unless an AEWV applicant meets the Green List requirements or is paid at least twice the 2023 median wage, all new applicants must either:
  • Have 3 years or more of relevant work experience (supported by evidence, including references or certificates of service); or
  • Have a relevant qualification at Level 4 or higher on the New Zealand Qualifications and Credentials Framework (NZQCF).

Employer obligations and compliance:

• All AEWVs will have a condition requiring at least 30 hours of work per week.
• Employers must inform the immigration authorities (INZ) within 10 working days if an employee leaves their job.
• Before offering a job token to an AEWV applicant, the employer must take reasonable steps to ensure applicants have the skills and experience specified above and in the approved Job Check.
• Employers can now have their accreditation suspended while any suspected breach is investigated.

Introduction of Employer Infringement Scheme

New Zealand also introduced an employer infringement scheme.  The employer infringement scheme aims to address low-level compliance issues.

The INZ may issue infringement notices to employers in breach of immigration rules from April 11, 2024. This could include employing individuals unlawfully or in breach of visa conditions, or failing to respond to a 10-day information request.

Tied to an infringement notice is a penalty. This could include:

• A fine of $1,000 or more.
• Loss of Accredited Employer status.
• A temporary ban from supporting work visa applications.
• Publication of the business name on a non-compliant employer "stand down" list.

Currently, INZ's main tool for deterring non-compliant employers is criminal prosecution.  This is not effective for low-level breaches, which often do not warrant criminal sanction.  INZ's incoming infringement notices and penalties will bridge this gap, and allow immediate action to be taken.

Peru – Visa Waiver for Mexican Nationals Reinstated

The government of Peru has reversed its decision to implement a visa requirement for nationals of Mexico traveling to Peru for tourism or business and has reinstated the visa-free entry policy for these nationals.

This follows the government’s earlier decision to revoke the visa exemption for nationals of Mexico as a reciprocal measure, that was set to take effect on April 23, 2024.

Schengen Area and European Union

Looking at the new Schengen member countries Bulgaria and Romania we like to remind of the members of the Schengen Area.  The Schengen Area is composed of 29 countries.

• At present, 25 European Union Member States enforce the Schengen Convention (Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy, Greece, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.)
• Switzerland, Norway, Liechtenstein and Iceland integrally enforce the Schengen Convention, but are not members of the European Union.
• The other European Union Member States still outside the Schengen Area are Ireland and Cyprus.

The EU Member State, Cyprus, is not yet a fully-fledged member of the Schengen Area.  Border controls between Cyprus and the current members of the Schengen Area are to be maintained until the EU Council decides that the conditions for abolishing internal border controls have been met.  However, Cyprus considers the Schengen visa, as well as residence permits from other EU Member States, as equivalent to its national visa for the purpose of a transit that does not exceed 5 days.

The Principalities of Monaco, Andorra, San Marino and Holy See (Vatican City State) allow entry to their territories without any formality to Schengen visa holders.

The European Union

The following is the list of countries that are currently members of the European Union:

·         Austria ·         Belgium ·         Bulgaria ·         Croatia ·         Cyprus ·         Czech Republic ·         Denmark

·         Estonia ·         Finland ·         France ·         Germany ·         Greece ·         Hungary ·         Ireland

·         Italy ·         Latvia ·         Lithuania ·         Luxembourg ·         Malta ·         Netherlands ·         Poland

·         Portugal ·         Romania ·         Slovakia ·         Slovenia ·         Spain ·         Sweden

The United Kingdom - BRP Cards Phase out Progress Update and UK Family Visa Increase

In effort to introduce a fully digital immigration system, the UK government is phasing out the Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC).  This means that all cards will expire December 31, 2024 and from January 1, 2025 they will no longer be in circulation.

From January 1, 2025 all physical cards will be replaced by electronic visa records (eVisa).  Visa holders will require to have a UKVI eVisa account in order to prove or view their UK immigration status online and physical cards will no longer be in operation.  An eVisa is an online record of the UK immigration status and the conditions of the holder’s permission to enter or stay in the UK.  Updating the physical document to an eVisa does not affect person’s UK immigration status or the conditions of their permission to enter or stay in the UK.

In March and April some holders of Biometric Residence Permits (BRP) started to receive emails from UKVI donotreply.evisadirectmail@notifications.service.gov.uk inviting them to set up their online UKVI account.  This is a small-scale private beta launch by email to a small number of BRP holders. 

If any of the BRP holders received an email it is important that they take action and follow the relevant steps to register for an online UKVI account.  They will need their date of birth, BRP, or passport number (if their don’t have a BRP), access to an email, and phone number and access to a smartphone.  This process will apply to all individuals including minors and dependents.

Most other BRP holders have not yet received such an email, and the current information confirms they will be able to create an account and access the eVisa later in 2024.  We suggest all BRP holders, who have not yet received the invitation to do the following:

1. Ensure that they have the latest contact details such as residential address with the UKVI. They can update their contact address here.

2. Sign up to alerts online here.

No further action is required from employees who have not yet received an invitation from the UKVI at this stage, but they should sign up for the alerts above.

UK Family Visa increased Income from April, 11 2024

Starting April 11, 2024, the sponsoring family member or together with the applicant, if they're in the UK with work permission, must demonstrate a UK annual income of at least £29,000.  This requirement can be fulfilled through various means, such as solely through savings or in combination with an income.

The new minimum income benchmark of £29,000 signifies a notable increase of over 55% from the previous threshold of £18,600.

Moreover, this figure is expected to increase further in the future, as the government has chosen to implement the increase gradually to allow families time for planning.  By early 2025, the minimum income threshold for family visas will undergo two additional rises, reaching £38,700 – aligning this figure with the new salary minimum requirement for a Skilled Worker visa.