November 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.

Canada – The 2025 to 2027 Immigration Levels Plan; Temporary Relief for Citizens of Lebanon; Quebec’s Immigration Plan for 2025 Announced

Immigration Levels Plan

On October 25, 2024, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) announced the 2025 to 2027 Immigration Levels Plan.  This plan outlines the projected number of permanent residents that Canada aims to admit each year, and establishes targets across various immigration categories.  Notably, this plan introduces controlled targets for temporary residents, specifically focusing on international students.

Permanent resident targets over the next three years are set at:

2025: reduced from 500,000 to 395,000

2026: reduced from 500,000 to 380,000

2027: setting a target of 365,000

Temporary residents targets over the next three years are set at:

2025: setting a target of 673,650

2026: setting a target of 516,600

2027: setting a target of 543,600

Temporary resident targets will capture new arrivals only, meaning the number of new workers and students entering Canada each year.  Targets are not set for visitors arriving with temporary resident visas or electronic travel authorizations (eTAs), permit extensions, in-country study/work permit applications, or for asylum applicants.

Key highlights include:

Permanent Resident Admissions: The plan sets specific targets for the number of permanent residents to be admitted annually.

Temporary Resident Targets: For the first time, the plan includes targets for temporary residents, indicating a shift in policy focus towards managing the temporary resident population more effectively.

In line with the government's strategy to manage the temporary resident population, several new restrictions have been announced for the Labor Market Impact Assessment (LMIA) based Temporary Foreign Worker Program (TFWP), effective September 26, 2024. These changes include:

Low-Wage Stream Restrictions: The reinstatement of the 6% Refusal to Process policy for certain low-wage occupations, which may affect the ability of employers to hire foreign workers in these roles.

High-wage Stream Changes: Effective November 8, 2024, the minimum hourly wage for workers hired under the TFWP – High-Wage Stream will increase 20% from the current  median wage level in the applicable province or territory of work.

Cap on International Student Permits: A further reduction in the cap on new international student permits for 2025, aimed at controlling the influx of temporary residents.

Wage Review Requirements: Starting on January 1, 2025, employers will be required to conduct annual reviews of their foreign workers' wages to ensure compliance with prevailing wage rates for their respective occupations and regions.

Additionally, specific regions, such as the Island of Montréal, will see a temporary suspension of Labor Market Impact Assessment (LMIA) applications under the Low Wage Stream until March 3, 2025.

Temporary Relief for Citizens of Lebanon

On October 31, 2024, IRCC introduced new temporary immigration measures to assist Canadian citizens, permanent residents, and their immediate family members who have left Lebanon, as well as Lebanese nationals in Canada who cannot return home.  Effective immediately, the immediate family members of Canadian citizens and permanent residents who departed Lebanon on or after September 29, 2024, and who are currently temporary residents in Canada, along with Lebanese nationals in Canada holding valid temporary resident status, can apply for a study permit, open work permit, or status extension at no cost.  This also includes foreign national family members, regardless of nationality, who arrived in Canada as temporary residents through assisted departures from Lebanon.

Quebec’s Immigration Plan for 2025

On October 31^st, 2024 The Ministry of Immigration, Francisation and Integration (MIFI) has presented Quebec’s Immigration Plan for 2025 to the National Assembly. As a part of this plan, it has immediately halted applications for the Quebec Experience Program (PEQ) – Graduates and Regular Skilled Worker Program streams. Quebec has paused invitations for permanent residence under the current Skilled Worker Program (PRTQ) and the upcoming Qualified Skilled Worker Selection Program (PSTQ), which was scheduled to replace the PRTQ on November 29, 2024.  Invitations issued before October 31, 2024, remain valid for 60 days and applications already submitted under the PRTQ will be processed according to the existing program terms.  This suspension will last until June 30, 2025.  Also note that the suspension does not impact the 18-month validity of validated job offers (VJO).  MIFI will continue to process validation requests, and holders can use them once invitations resume on June 30, 2025.

Republic of Ireland

Effective November 4, 2024, the renewal application process for Irish Residence Permit (IRP) cards will be moved online for residents of all remaining counties of Ireland.  As previously reported,  this process was already implemented for the counties of Cork, Dublin, Kildare, Limerick, Meath, and Wicklow.   The online portal is already open for these applicants, but is optional until November 3, 2024.

First-time IRP applicants in these counties still require local, in-person appointments.  Please also see further details here.

Italy – Biometric Data Required for National Visa Applications and Changes of In-Country Process

As of January 11, 2025 applicants for a national visa must submit biometric data, including fingerprints, during the application process.  This aligns with the existing biometric requirements for Schengen visa applications.

The upcoming changes of the In-Country Process requires the employer to have a “digital domicile” and digitalization of the procedure related to the signing and sending of the contract of stay.

Employers are required to provide a certified electronic mail address (PEC) for all official communications relating to  visa applications and permits.

In addition, the contract of stay and the integration agreement will need to be signed digitally between the parties, rather than at the Immigration Office (Sportello Unico per l’Immigrazione). Following this, the employer must submit the signed documents to the Immigration office.

Upon filing  the work permit application, the employer must submit (among the other required documentation) the “appropriate documentation regarding the accommodation arrangements for the foreign worker (signed with a qualified digital signature)” as well as the labor consultant’s attestation (asseverazione), digitally signed, and the digital email (PEC).

  As of this writing, it is unclear if only a housing suitability certificate – certificato di idoneità alloggiativa – will be accepted, or if the employer will be allowed to  submit a digitally signed statement confirming a suitable accommodation will be provided on arrival for the worker.

This change does away with  the obligation for the employer and the worker to visit the Immigration Office within eight (8) days of the worker’s entry in Italy for the signing of the contract of stay.  Instead, it is now required that, within the eight-day period, both the employer and the worker sign the contract of stay digitally (through a qualified digital signature).  (The worker will still be permitted to  sign the contract in handwritten form.)  The employer must then promptly send the signed contract to the Immigration office for the necessary steps regarding the worker’s residence permit application.

The new procedure also applies to the authorization for entry and residence for highly qualified workers (intra company, service agreement, and Blue Card applicants).

It is important to note that the work permit may be revoked if the digitally signed contract of stay is not submitted within eight days, unless the delay is due to force majeure.

In addition, employers are obligated to confirm their effective interest regarding the work permit before the visa is issued.  Specifically, employers must confirm the work permit application within seven days of being notified that the worker’s visa application has been examined.  If the employer fails to provide this confirmation, the authorization request is deemed rejected, and the work permit is revoked.

The new procedure will come into effect in January 2025. In practice, once the work permit is approved, the Visa Information System that receives the worker’s visa application will send a notification to the Immigration Office before processing it.  This, in turn, will transmit a request to the employer via certified email (PEC) for confirmation of their interest in the work permit.  If confirmation is not received within seven days, the authorization is revoked.

Another change is the shortened waiting period for labor market tests.  The response time for labor market availability checks has been reduced from 15 days to 8 days.  If the Employment Center does not respond within 8 days further to the labor market test conducted by the employer, it is possible to proceed with the work permit application, thereby accelerating hiring procedures and reducing waiting times.

South Africa – Introduction of Points-Based System

The Minister of Home Affairs introduced a points-based system which is applicable to general work visas and critical skills work visas as follows:

 

Criteria	Description	Points
Occupation:	Occupation on critical skills list	100
Qualifications:	NQF levels 9 -10	50
	NQF levels 7-8	30
Offer of employment: (Mandatory)	Above R976,194 per annum	50
	Above R650,976 per annum	20
Work experience:	10+ years	30
	5-10 years	20
Employment status:	Offer from trusted employer	30
Language skills	Proficient in at least one official language	10

 

An applicant must meet all other prescribed requirements (for example, police clearance, medical report, etc.) for a critical skills work visa or general work visa, and must earn 100 points to obtain a visa.

If the 100-point threshold is reached through an occupation contained on the critical skills list, and provided all other prescribed requirements are met, the applicant may be issued  a critical skills work visa.

If the 100-point threshold is reached through a combination of points other than through an occupation contained on the critical skills list, and provided all other prescribed requirements are met, the applicant may be issued  a general work visa.

 

Thailand – Expansion of E-visa Applications

The Thai Department of Consular Affairs, Ministry of Foreign Affairs announced the expansion of the Thai e-visa program to cover 59 Royal Thai Embassies and Consulates worldwide.  Eligible E-Visa applicants are no longer required to submit passports and supporting documents in person at the Royal Thai Embassy/Consulate-General.  After the e-Visa application has been approved, a confirmation e-mail will be sent to applicants, which can be printed out for presenting to airlines and Thai immigration officials when traveling to Thailand.  For more information, please scroll down to the Frequently Asked Questions “Am I eligible to apply online ?” section at the following official site of the Thai government.  Under the “tourist visa” category you will find the subcategory for business travel.

The Netherlands – Noncompliance Issues for Sponsors and Possible Sanctions

The relationship between Dutch companies and the immigration authorities (IND) is built on trust, so that applications submitted by recognized sponsors are usually not thoroughly checked upfront.  Instead, the IND focuses on compliance checks afterward.

Sponsoring companies that fail to meet their obligations may draw the IND's attention and face stricter monitoring.  In such cases, the IND may conduct random checks and request additional documents if there are concerns or signs of non-compliance.

Before granting recognized sponsor status, the IND now performs more thorough evaluations, frequently checking a company’s financial solvency and continuity.  If there is any doubt about the financial stability of the entity within the last three years, the IND consults with the Dutch Enterprise Agency (RVO), which may extend the processing time by at least six months.

Please note that sponsoring companies should pay close attention to the following:

• Leave of absence or reduced working hours: salary reductions may cause an employee’s salary to fall below the required threshold.
• Working or residing abroad: a shift in primary residence outside The Netherlands may affect residence permits, taxes, and social security.
• Salary calculation to meet thresholds:  strict monthly requirements apply, and allowances or benefits can only count if they are detailed in the contract, specified, guaranteed, fixed, and paid directly to the employee's bank account.
• Family members of employees: consider who qualifies as family, whether they will accompany the employee or join later, and ensure proper documentation (legalized certificates) and be mindful of processing times.

Sanctions by the IND in Case of Non-Compliance

If the sponsoring company does not fulfil its obligations, the IND can impose the following sanctions:

• A warning: the warning is valid for 24 months.  If within this term the same legal obligation is violated again, the IND could impose an administrative fine.  In case of a serious violation, no warning will be issued and a possible consequence could be withdrawal of the residence permit from the foreign national/sponsorship license.
• Administrative fines: administrative fines vary between a maximum of € 1,500 for natural persons and € 3,000 (100% increase of €1,500) for legal entities, companies and other organizations.
• Criminal offense: in very severe cases, a criminal offence maybe reported and persecuted by the public prosecutor (administrative sanctions are not used in this case).
• Revoking the sponsorship license: a company can lose the recognized sponsorship status or sponsorship status can be temporarily suspended.  This can lead to foreign nationals, with a valid residence permit, losing their status with this legal entity and needing to change their residence status to a different purpose.  Once the recognized sponsorship status is lost by a company, the company can only hire Highly Skilled migrants through a long, more bureaucratic process.

United Kingdom - Change to UK Visa Appointments Provider Leads to UK Visa Processing Delays

In a significant change to UK visa services, TLScontact has replaced Sopra Steria as the commercial partner for UK Visa and Citizenship Application Services (UKVCAS) as of October 15, 2024.  This transition has led to widespread appointment shortages across the UK, causing considerable delays in visa processing.

Impact on Applications

The appointment shortage is currently affecting all UK locations, with particularly severe constraints in high-demand areas such as London and Scotland.  While the Home Office maintains that this change should not impact application decisions or processing times, the reality is more complex.  Processing can only begin after biometric appointments are completed, effectively creating delays even for those who have paid for priority or super-priority services.

Who Is Affected?

The appointment shortage impacts all applicants requiring in-person appointments within the UK, including Skilled Workers, Global Business Mobility (ICT) applicants, International Sportsperson visa holders, Creative sector workers, Global Talent visa, Spousal and family visa applicants, and ILR (settlement) applications.

Who Is Not Affected?

Overseas applications and applications using the 'UK Immigration: ID Check' app are not affected by this change, but expedited processing options are limited.

Factors Contributing to the Crisis

Several factors have contributed to the current situation:

• Seasonal increase in applications approaching the Christmas period
• Deadline pressure from the phase-out of physical immigration documents by December 31, 2024
• Transition challenges with the new service provider

Business Impact

The delays are causing significant disruption to both employers and applicants:

• Delayed work start dates
• Inability to demonstrate right to work status
• Restrictions on international travel
• Extended processing times for Employer Checking Service verifications

Important Considerations for Applicants

• Expedited Processing Limitations
• Priority and super-priority processing fees do not guarantee earlier appointments
• Additional visa application centre fees, including 'prime-time appointment' options, currently offer no advantage

Recommendations

• Plan applications well in advance
• Submit applications up to six months before visa expiry or intended travel dates
• Be prepared for limited appointment availability

Broader changes in UK Visa Services Overseas

The UK is also implementing changes to its overseas visa application centers, gradually transferring services from TLScontact to VFS Global in several countries in Asia, Middle East, Europe, and Central Asia. The full schedule of transition in various counties can be found on the UKVI website.

Under the new system, applicants can reschedule appointments with VFS Global up to two times, with missed appointments requiring a 24-hour waiting period before rebooking.

The situation continues to evolve, and applicants are advised to monitor official channels for updates and plan their applications accordingly.