October 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.

Belgium – New Immigration Rules for the Brussels Capital Region

On October 1, 2024 new immigration rules will be implemented for the Brussels Capital Region.

Please find highlights below:

Salary threshold

The salary threshold that must be reached for highly skilled employees and European blue card holders is no longer expressed as an annual salary threshold, but as a monthly salary threshold.  Only the base salary of the employee (mentioned under “Code 1” of the DMFA ) is taken into consideration (and no longer the 13^thmonth premium and double holiday pay, bonuses, etc.).  The salary thresholds are as follows:

 

Category	Threshold as of October 1 (amount 2025, annually indexed)	Current threshold (amount 2024, annually indexed)
Highly skilled employees	3.591,12 EUR gross per month	50.310,00 EUR gross annually (or 3.614,22 EUR gross x 13,92).
European blue card	4.604,00 EUR gross per month	65.053,00 EUR gross annually (or 4.673,35 EUR gross x 13,92)

 

The new salary thresholds immediately apply as of October 1, 2024.  Please note, however, that the authorities have announced that existing work authorizations (granted under the former rules) will continue to be valid in accordance with the former rules until renewal.  They have also indicated they will adopt a “pragmatic” position when controlling the annual thresholds for work authorizations issued prior to October 1, 2024.

Job Role description and Organizational Chart

A precise job description must be added to each application.  This description will also have to include at least:  (i) a description of the activity of the company (or, if the company has several areas of activity, a description of the activity in which the employee will work) and (ii) an organizational chart stating the function the employee will execute and the hierarchical line to which the employee reports.

Changes of European Blue Card - EBC

The following changes will apply to EBCs as of October 1, 2024:

• The employee must have an employment contract of at least 6 months or for an indefinite duration (previously: for at least 12 months or for an indefinite duration);
• Monthly salary threshold: see above - 4.604,00 EUR gross per month as base salary; 
• The employee must have: (i) at least a Bachelor’s degree or (ii) must be able to prove relevant professional experience of at least 3 years during the last 7 years (the experience must be relevant for the execution of the function) in case it concerns an ICT specialist function or ICT manager function.
• The EBC-holder can work after 12 months for any employee provided he/she meets the conditions to work under a EBC (in particular salary threshold),

Annual Reporting Obligation

The annual obligation to report salary information will no longer apply: the authorities will collect this information automatically based on payroll data in their possession, without the employer having to take action.  Of course, the authorities can always ask for additional information and ask the employer to clarify certain points or to regularize salary arrears.

Single Permit for an Indefinite Duration

Employees who have been working for several years in Belgium under a single permit/EBC can apply for a so-called “single permit for an indefinite duration.”  Such a single permit allows the individual to work for any employer in Belgium.   Please note that this type of single permit is still part of the single permit immigration scheme (= economic migration scheme where the right to reside in Belgium is linked to working in Belgium).  Once employees obtain a single permit for an indefinite duration, they can work for any employer in Belgium (without this employer having to apply for a single permit or a EBC).

The rules to obtain a single permit for an indefinite duration will depend on the applicant’s place of residence, as follows:

• For employees living in Brussels: (as of October 1, 2024) the individuals can apply for a single permit for an indefinite duration if they have worked at least 30 months under a single permit/EBC issued by the Brussels work permit authorities or at least 4 years if they worked under a single permit issued by the Flemish and/or Walloon and/or Brussels authorities (certain periods of inactivity are assimilated to worked periods). The duration after which a single permit for an indefinite duration can be issued, is thus decreased as of October 1, 2024.
• For employees living in Flanders: after having worked for at least 4 years the individual can apply for a Single permit for an indefinite duration (irrespective the region where the single permit was issued). Certain periods of inactivity are assimilated.  Turkish nationals can apply after having worked for 3 years (or 2 years if their family has been living with them);
• For employees living in the Walloon region: (as of September 1, 2024): the individual can apply for a single permit for an indefinite duration if he/she has worked at least 4 years under a single permit (irrespective the region where the single permit was issued).  Certain periods of inactivity are assimilated.  The period is reduced to 3 years for certain nationalities (Turkey, Serbia, etc.) or 2 years if their family has been living with them.

Canada –  New Restrictions on the Temporary Residents, particularly International students and Temporary Foreign Workers (TFW).

Study Permit Caps:  The Canadian government plans to limit the number of study permits issued annually.  This policy, aimed at controlling the rising international student population, will likely be enforced by 2025. Institutions in high-demand areas, especially in major urban centers, may be affected the most by these caps.  This will necessitate better planning and earlier application submission by both students and institutions.

Work Permit Limitations:  Accompanying these changes are expected restrictions on work permits for spouses of international students and temporary foreign workers.  These limitations are meant to reduce the number of temporary residents eligible to work in Canada, particularly in regions facing significant labor market pressures.

Tighter Language Requirements for Post-Graduation Work Permit (PGWP) Applicants:  Starting in 2025, international students applying for the PGWP must meet stricter language proficiency benchmarks to qualify for a work permit after graduation.  This change emphasizes the importance of language skills for temporary residents transitioning to Canada’s labor market.

Implications for Employers:  These forthcoming restrictions may reduce the pool of available international talent in Canada. International employers should be aware of these changes in recruiting students or foreign workers and consider alternative solutions, such as tapping into permanent residency streams or expanding their recruitment to less restricted sectors and regions.

Germany – Border Controls and Government Visa Filing Fees for Processing in India

Germany reinstated border controls on September 16, 2024 for a period of six months.   All borders are impacted, including borders with Poland, the Czech Republic, Switzerland, and Austria.  Travelers should be sure to carry proper identification (plus and visas or residence cards) with them, if needed.  At this moment we understand that only random checks are being performed which cause slight delays.

On September 26, 2024 the government filing fees for Schengen visa and National visa applications to be filed at German Consulates in India changed.

The Schengen government filing fee for adults will change to 8.400 INR; the Schengen government filing fee for minors will change to 4.200 INR.  For further information, please see here.  The government filing fee for a national visa for adults will change to 7.000 INR;  the government filing fee for a national visa for minors will change to 3.500 INR.  For more information, please see here.

Turkey

Turkey has introduced a digital nomad visa.  Citizens of the countries listed below are eligible for the Digital Nomad Visa to Turkey:

France, Germany, Italy, Belgium, Netherlands, Luxembourg, Ireland, Denmark, Greece, Croatia, Spain, Portugal, Austria, Finland, Sweden, Czech Republic, Hungary, Poland, Slovenia, Slovakia, Estonia, Latvia, Lithuania, Malta, Bulgaria, Romania , Norway, Iceland, Liechtenstein, United Kingdom, Switzerland, USA, Canada, Russian Federation, Ukraine, and Belarus.

The applicant is required to first apply for a Digital Nomad Identification Certificate via an online platform here.  In the next step the applicant can visit a visa center/Consulate to process the visa.  Eligible applicants need to be between 21 and 55 years old, hold medical insurance, and show evidence of employment.

United Kingdom – New Statement of Changes in Immigration Rules

A series of significant updates to UK immigration rules were published on September, 10, 2024.  We highlight the main updates to the existing rules and new additions.

Electronic Travel Authorization (ETA) system rollout to all overseas citizens

The UK Government has announced a significant expansion of the Electronic Travel Authorization (ETA) scheme, which will soon apply to all foreign nationals entering the UK.

What is ETA?

ETA is the UK equivalent of the US ESTA (Electronic System for Travel Authorization).

It is not a visa or permission to enter, but provides authorization to travel after screening against security databases and entry criteria.  For UK entry, an ETA holder will be admitted as a visitor.

Key facts

• Previously limited to Gulf countries (Qatar, Bahrain, Kuwait, Oman, UAE, and Saudi Arabia), it is now being rolled out to all non-visa nationalities. The exceptions are UK and Irish nationals.
• Application process: Online application through the “UK ETA app” or website.
• Cost: £10
• Processing time: usually within three working days, sometimes quicker.
• Multiple entries to the UK for up to six months at a time.
• Valid for two years or until passport expiration, whichever comes first.
• ETA is linked to one passport only. Multiple passports require separate ETAs.
• Visa-national countries still require appropriate UK visas instead of ETA.

Timeline of rollout

• On or after January 8, 2025 – all applicable non-EU/EEA countries including the United States, Australia, Canada, and New Zealand, as well as other visa free countries such as Antigua and Barbuda, Argentina, Barbados, Belize, Botswana, Brazil, Brunei, Chile, Colombia, Costa Rica, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region (including British National (Overseas)), Israel, Japan, Kiribati, Macao Special Administrative Region, Malaysia, Maldives, Marshall Islands, Mauritius, Mexico, Federated States of Micronesia, Nauru, Nicaragua, Palau, Panama, Papua New Guinea, Paraguay, Peru, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, and Uruguay.
• On or after April 2, 2025 – all applicable EU and EEA countries plus Switzerland (excluding Ireland). EU and EEA countries: Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, and Vatican City.

Suitability Requirements

The suitability criteria include factors such as criminal history, previous immigration offences, and health-related debt to the NHS.

ETA applications will be refused if the applicant has previously been refused a visit visa (unless a subsequent visit visa was approved). The Home Office can refuse or cancel an ETA for individuals who have previously overstayed and left the UK voluntarily.

Applications may be refused if a previous ETA was cancelled for non-suitability reasons.

Implications for Businesses

Companies welcoming or sending regular overseas visitors (suppliers, customers, or colleagues) should communicate these changes to prevent travel disruptions or border issues.

Conclusion

From April 2025, all non-British and non-Irish passport holders traveling to the UK will require either an ETA or a visa.  This change will affect a significant number of travelers and businesses should prepare accordingly.

Updated going salary rates for Sponsored Workers

The changes also introduced significant modifications to the minimum salary requirements for certain sponsored roles in the UK.  These changes, while described as corrections to "data/drafting errors" from the previous update, are quite substantial.  The alterations affect various immigration routes, including Skilled Worker, Global Business Mobility, and Scale-up roles.

The changes stem from an update to Standard Occupational Classification (SOC) 2020 codes earlier in 2024, which initially brought about major shifts in minimum salaries.  In July 2024, the Home Office quietly released revised guidance documents, which some immigration advisers noted contained reductions in certain minimum salaries.  This was later confirmed through an official message to sponsors, with a promise of formal rule amendments in the autumn.

The latest statement of changes not only formalize these reductions but also introduce increases in minimum salaries for numerous roles. These changes apply to both new and transitional applications across various sponsored routes.  Some increases are significant; for example, the annual minimum salary for Directors in consultancy services (occupation code 1258) has risen from £38,400 to £57,500 for new Skilled Worker applications.  In Table 2 for transitional applications, the minimum salary for Directors in logistics, warehousing and transport (occupation code 1140) has risen from £36,900 to £45,300.

These new requirements will take effect for Certificates of Sponsorship issued on or after October 8, 2024, potentially impacting a wide range of sponsored workers and their employers.

Miscellaneous updates

Other updates to the UK immigration rules include the following:

• Visa Requirement for Jordanian Nationals (Effective 15:00 BST, September 10, 2024)
• Replacement of Diplomatic Visa Waivers with a new Diplomatic Visa system (Effective February 18 – March 11, 2025)
• Introduction of the VIP Delegate Visa for state and ministerial delegations (Effective October 10, 2024)
• Fee Waivers for Bereaved Partners and Veterans of Gurkha and Hong Kong units (Effective October 09, 2024)