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Each week we add immigration-related updates and other helpful information you can reference as often as you like!

Critical Updates: U.S. Immigration Policy Update

Weekly Updates - April 18th, 2025

Aires Immigration
Albania, North Macedonia, Serbia
Australia
Australia/China
Austria
Austria/United States
Bahrain
Belarus
Belgium
Brazil
Brazil/China
Canada
Canada/India
China
China/Thailand
Colombia
Costa Rica
Croatia
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Ecuador / Mexico
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Japan / Luxembourg
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Kenya
Kyrgyzstan
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Lithuania
Luxembourg
Malaysia
Mexico
Mexico/Peru
Nambia
Netherlands
New Zealand
Nigeria
Norway
Oman
Panama
Peru
Philippines
Poland
Portugal
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Russia
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Singapore
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Slovenia
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Spain
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Close Open Aires Immigration

Welcome and thank you for visiting the Aires Immigration Café! We strive to keep our clients informed as to immigration updates that occur around the world by serving up immigration news updates weekly. We hope you find these updates helpful as you navigate the changing landscape of immigration. Each week we will highlight any immigration updates below. If needed, you can access more in-depth analysis of the update by clicking on the applicable country and reviewing the most recent updates under that country’s list. If you have any questions on these updates, we invite you to reach out to our Aires Immigration team by contacting Bobby Bartle, Head of Immigration (bbartle@aires.com).

This week’s updates (18 April 2025):

  • China / ‘High-End Foreign Talents’ in Beijing Exempt from Tax Document Requirement 
  • France / Changes in the French Language Assessment for Nationality and Long-Term Residence 
  • Ireland / Update on Stamp 2 Bridging Permission for English Language Course Students
  • United Arab Emirates / Free Zone Companies Can Operate in Dubai Mainland
Close Open Albania, North Macedonia, Serbia

April 2025 - Open Balkan services commence

The Open Balkan system developed by Albania, North Macedonia and Serbia, now allows citizens of these countries to live and work in either of the other countries without a separate residence or work permit.

To apply, qualifying individuals need to first obtain an Open Balkan ID number through an online government portal. Then they can request a permit for free access to the labour market in the required country, valid for two years. This allows the holder repeated entry and work rights within the participating country.

Close Open Australia

March 2025 - Annual indexation of skilled visa income thresholds from 1 July 2025

The Department of Home Affairs has announced that, from 1 July 2025, skilled visa income thresholds will be increased by 4.6%. This is in line with changes to the annual Average Weekly Ordinary Time Earnings (AWOTE).

Income thresholds are indexed annually so wages for skilled migrants increase at the same rate as Australian workers. This aims to ensure that employers cannot use skilled migration to undercut Australian workers.

From 1 July 2025, indexation changes will be as follows:

  • TheCore Skills Income Threshold (CSIT) will increase from AUD 73,150 to AUD 76,515. This will impact nomination applications for the Core Skills stream of the Skills in Demand visa (subclass 482) and the Employer Nomination Scheme visa (subclass 186).
  • The Specialist Skills Income Threshold (SSIT) will increase from AUD 135,000 to AUD 141,210. This will impact nomination applications for the Specialist Skills stream of the Skills in Demand visa (subclass 482).
  • The Temporary Skilled Migration Income Threshold (TSMIT) used for the Skilled Employer Sponsored Regional visa (subclass 494) and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) will increase from AUD 73,150 to AUD 76,515. This is in line with the CSIT and subject to approval of relevant legislation.

New nomination applications from 1 July 2025 must meet the new relevant income threshold or the annual market salary rate, whichever is higher.

This change will not apply to existing visa holders and nominations lodged before 1 July 2025.

March 2025 - New Designated Area Migration Agreement for Northern Territory

On 19 March 2025, a new Designated Area Migration Agreement (DAMA) for Northern Territory comes into effect.
The DAMA is the third DAMA established for the territory and will be in effect until 30 June 2030. It enables employers facing workforce shortages to access an additional 1,500 overseas workers annually across a broad range of occupations that are in critical shortage in the territory.


There are currently 13 DAMAs in place.  DAMAs are a formal arrangement between the Commonwealth of Australia and a designated area representative (DAR). A DAR may be a state or territory government or regional body.
Under the terms of a DAMA, the designated area may be able to access a broader range of overseas workers than is available through the standard skilled visa programs by allowing variation to standard occupations and skills lists and/or negotiable concessions to visa requirements.
Individuals cannot directly access a DAMA. Individuals need to be sponsored:
•    by an employer operating in a designated region, and
•    for an occupation that is specified in the head agreement
Individual DAMA labour agreements are between the Australian Government and endorsed employers/businesses operating within the relevant designated region. They:
•    are generally in effect for five years, and
•    use the subclass 482 Skills in Demand (SID), subclass 494 Skilled Employer Sponsored Regional (Provisional), and subclass 186 Employer Nominated Scheme (ENS) visa programs.
Employers must seek and gain endorsement from the DAR before lodging a labour agreement request online through ImmiAccount. The online form in ImmiAccount outlines the requirements and supporting documentation required for labour agreement requests.
Where a DAMA labour agreement is approved, the business will be able to nominate and sponsorskilled and semi-skilled overseas workers for certain occupations (each DAMA head agreement covers a specified range of occupations).

Jan 2025 - Changes to onshore Student visa applications

From 1 January 2025, the Department of Home Affairs will no longer accept Letters of Offers from individuals applying in Australia for a Student visa. Onshore applicants will be required to include a Confirmation of Enrolment (CoE) at the time of application. The change will only impact applications lodged on or after 1 January 2025. Visa applications lodged before that date using only a Letter of Offer from an education provider are not affected.

Not providing a CoE at the time of application will make an application invalid. Visa decision makers cannot assess an invalid application. An associated Bridging visa cannot be granted where the substantive visa application is not valid.

This change will align the requirements to provide evidence of an intended course of study for both onshore and offshore Student visa applications. Providing a CoE at time of visa application demonstrates a stronger commitment by the student to study at that institution. This will increase certainty for Australia’s international education sector.

There is no change to the alternative forms of evidence of intended course of study for Foreign Affairs, Defence or secondary exchange students.

Visa holders in Australia are responsible for ensuring they maintain a lawful status. Those intending to study and not able to obtain a CoE before their current visa expires will need to either depart Australia or explore other visa options. However, there are now restrictions to applying for a Student visa while in Australia when holding certain visas.

12/27/24

Updated visa framework for religious workers

From 13 December 2024, an updated Minister of Religion Labour Agreement (MoRLA) commences.

The new MoRLA supports religious institutions to access skilled workers from overseas.

The changes provide greater access to visa pathways for organisations that have an underlying religious focus, such as education and promotion of their faiths in a charitable or educational environment.

The new MoRLA also includes revised settings on salary, qualifications, work experience and English ​language to reflect the diverse religious practices and beliefs in Australia.

Until the Department of Home Affairs makes systems changes to the online labour agreement request form, applicants their add “n/a” in the nominee section of the form. This will allow them to continue with your application. The Department expects updates to the MoRLA request form in ImmiAccount in early 2025.

12/13/24

New invitation-only permanent visa for exceptionally talented migrants

Effective 7 December 2024,​the National Innovation (subclass 858) visa (NIV) replaced the Global Talent visa.

The NIV is an exclusive program for migrants with world-leading skills in areas such as advanced robotics, quantum computing and clean energy.

Exceptionally talented individuals need to submit an Expression of Interest (EOI) to the Department of Home Affairs (DHA). DHA will then invite a select number of people who have made an EOI to apply for a NIV.

DHA will process invitations to apply and NIV applications according to the following priority order:

  1. Recipients of internationally prestigious awards. This includes Nobel Prize laureates, Fields Medal recipients, Booker Prize winners or Olympic gold medallists.
  2. Exceptionally talented people in their field who are endorsed by a relevant Australian state, territory or federal government agency.
  3. People with exceptional skills in critical technologies, renewables and low emission technologies and health industries.
  4. Exceptionally talented people in agri-food and ag-tech, resources, defence capabilities and space, education, financial services and fin-tech, and infrastructure and transport.

There is no age limit for the NIV and English language requirements are flexible. DHA accept EOIs made from overseas or from people already in Australia on a temporary visa.

EOIs for the NIV are valid for two years and DHA may invite interested parties to apply for a visa during this time.

NIV holders can

  • stay in Australia permanently,
  • work and study in Australia,
  • enrol in Australia's public health care scheme, Medicare,
  • sponsor your relatives to come to Australia,
  • travel to and from Australia for five years,
  • if eligible, apply for Australian citizenship.

STEM start-ups can now access accredited sponsorship.  

From 7 December 2024, STEM start-ups that have received venture capital funding from a registered Early Stage Venture Capital Limited Partnership can apply to be an accredited sponsor.

Accredited sponsors receive priority processing for nominations and visa applications for:

They will continue to receive priority processing when the Skills in Demand replaces the Temporary Skill Shortage visa on 7 December 2024​.

Before the Department of Home Affairs (DHA) considers a start-up for accredited status, they need to approve it as a standard business sponsor.

DHA has also strengthened the integrity of the accreditation process and will be more strictly enforcing accreditation requirements and sponsorship obligations.

From 7 December 2024, DHA will also update sponsorship obligations. This means that once a sponsored visa holder leaves their sponsor’s employment, the sponsor doesn’t have to ensure they only work in their nominated occupation.

Temporary employer sponsored visa holders who stop work with their sponsoring employer have up to 180 days at a time and 365 days across their entire visa grant period to:

  • find a new sponsor
  • apply for a different visa, or
  • leave Australia.

 

Changes to skilled visa programme

​​​​​​A modernised skilled occupation list and a new Skills in Demand (SID) visa are included in changes to Australia’s skilled visa program begin on 7 December 2024.

Top of Form

Core Skills Occupation List (CSOL)

The CSOL replaces existing multiple skilled occupation lists previously used for the Temporary Skill Shortage (TSS visa). The CSOL has more than 450 occupations in sectors such as:

  • construction
  • cyber security
  • agriculture
  • health.

The list is based on labour market analysis and stakeholder consultations by Jobs and Skills Australia​. It will only apply to the SID Core Skills stream and Employer Nomination Scheme (subclass 186) visa (Direct Entry stream).​​​​

Skills in Demand (SID) visa

The Skills in Demand (subclass 482) visa replaces the Temporary Skill Shortage (TSS) visa. The SID allows most visa holders to stay in Australia for up to four years. It offers a streamlined process for both migrants and employers needing more skilled workers to grow their businesses.

SID visa holders have a clear pathway to permanent residence. This will give certainty to both migrants and employers.

The SID visa has three streams:

  • Core Skills stream to meet targeted workforce needs. Most SID visa holders will use this stream.
  • Specialist Skills stream. This stream will help drive innovation and job creation.
  • Labour Agreement stream. This stream will be replaced by an Essential Skills stream (under development).

With a SID visa, applicants:

  • have a pathway to permanent residence. Any work with an approved employer counts towards permanent residence.
  • benefit from a work experience requirement that is one year less than the TSS. SID applicants must have one year of work experience in their nominated occupation or related field.
  • have the same English language requirement as the TSS medium-term stream.

SID visa Specialist Skills stream

This stream recognizes that highly skilled migrants lift national productivity. It is for applicants who meet general eligibility requirements and are:

  • in any occupation on the ANZSCO 2022 except ANZSCO Major Group levels 3, 7 and 8: 
    • trades workers
    • machinery operators
    • drivers and labourers;
  • earning at least the Specialist Skills Income Threshold of AUD 135,000 and no less than Australian workers in the same occupation.

 

SID visa Core Skills stream

This stream is for applicants who meet general eligibility requirements and:

  • have an occupation on the CSOL that has been identified as being in shortage.  This also applies where the government has committed to giving access to our labour market through international trade agreements
  • will be paid a salary at or above the new Core Skills Income Threshold of AUD 73,150.

Applications for the TSS visa closed on 6 December 2024. The Department of Home Affairs will process all outstanding applications lodged before then in line with existing arrangements.

 

Arrangements for existing TSS visa holders

TSS visa holders will still have a pathway to permanent residence. This is subject to meeting all relevant eligibility criteria.

Bottom of Form

Simpler pathways to permanent residence for certain skilled migrants

From 7 December 2024, Top of Form

changes have been made to the Employer Nomination Scheme (subclass 186) visa for workers in occupations of national shortage.

The changes relate to the Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) and Direct Entry (DE) streams.

Changes to Temporary Residence Transition stream

  • Applicants can count all periods of sponsored employment towards their two-year work experience requirement. This does not just apply to employment with their sponsor.
  • Applicants who have been employed in a related field or received a promotion can count this work towards the work experience requirement.
  • Applicants are required to provide evidence they meet the work experience requirement, rather than the nominating employer.
  • The Core Skills Income Threshold (CSIT) replaces the Temporary Skilled Migration Income Threshold (TSMIT). This is the same amount of AUD 73,150, indexed annually.
  • Age exemptions under the Temporary Skill Shortage visa still apply under the Skills in Demand visa. These include exemptions for regional medical practitioners and high-income applicants. Without an exemption, applicants need to be younger than 45 at the time of application.
  • Changes to the Temporary Residence Transition stream do not extend to the Regional Sponsored Migration Scheme (subclass 187). This visa closed in 2019, except for certain transitional groups who can access the program in limited circumstances. This access continues for those eligible.

Changes to Direct Entry stream

The modernised single Core Skills Occupation List (CSOL) applies to this stream. This replaces the Medium- and Long-Term Strategic Skills List. The CSOL is based on labour market analysis and Jobs and Skills Australia stakeholder consultation. It includes more than 450 occupations in sectors.

The CSIT also applies to this stream. It will replace the TSMIT at the same amount of AUD 73,150, indexed annually.

12/9/24

New core skills occupation list

On 3 December 2024,​ the Australian Government announced the release of the Core Skills Occupation List (CSOL).

The new CSOL fulfils the Government’s commitment to replace complex, out of date and inflexible occupation lists in our temporary skilled visa program. The CSOL is a single consolidated list, informed by labour market analysis and stakeholder consultations by Jobs and Skills Australia (JSA) that provides access to temporary skilled migration for 456 occupations.

The CSOL will apply to the Core Skills stream of the new Skills in Demand visa, which will replace the Temporary Skill Shortage (subclass 482) visa on 7 December 2024. The CSOL will also apply to the Direct Entry stream of the permanent Employer Nomination Scheme (subclass 186) visa.

More details on other reform taking place on 7 December 2024, including the Skills in Demand visa and National Innovation visa, will be announced shortly

11/19/24

Mobility Arrangement for Talented Early-professionals Scheme (MATES) announced for India

The Department of Home Affairs (DHA) has announced that, from December 2024, graduates and early career professionals from India’s top universities can register in the pre-application ballot for a Mobility Arrangement for Talented Early-professionals Scheme (MATES) (subclass 403) visa.

If selected in the ballot, applicants will be required to meet additional criteria for the grant of a subclass 403 MATES stream visa.

There will be 3000 temporary visa places each year through the visa pre-application ballot process. Participants will be able to bring eligible dependent family members.

Eligible fields of study include:

  • renewable energy
  • mining
  • engineering
  • information and ​communications technology
  • artificial intelligence
  • financial technology
  • agricultural technology.

Applicants, who must be aged from 18 to 30 years (inclusive) can be inside or outside Australia to register in the ballot. There is a ballot registration fee of AUD 25.

10/7/24

New work and holiday visa ballots

The Department of Home Affairs (DHA) has noted that, on 1 October 2024, a pre-application process (visa ballot) commenced under the Working Holiday Maker (WHM) program.

Visa ballot registrations opened for the following high-demand Work and Holiday (subclass 462) countries:

  • China
  • India
  • Vietnam.

Visa ballots are used to randomly select first Work and Holiday applicants from partner countries where demand exceeds the number of places available in a program year.

DHA will conduct random selections of registrations over program year 2024-25, then will notify​ those randomly selected by email and instruct them to apply for a first Work and Holiday visa online.

Applicants will need to meet all the standard eligibility requirements of the subclass 462 visa to be granted entry into Australia.

7/12/24

Large visa application fee increase for international students

As of 1 July 2024, the fee for international student visas has been significantly increased from AUD710 to AUD1600.

This includes the Student visa (subclass 500) and the Student Guardian visa (subclass 590).

Other visa application fees have increased less dramatically.

Also from 1 July 2024, the Fair Work High Income Threshold (FWHIT) has increased from AUD 167,500 to AUD 175,000. Applicants aged 45 years or older must meet this new higher threshold to be eligible for a Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) or an Employer Nomination Scheme (subclass 186) permanent visa (unless different exemptions apply.

7/5/24

ASEAN nationals can visit for longer

The Australian government has announced that it has extended the time people from Association of Southeast Asian Nations (ASEAN) countries and Timor-Leste can visit to conduct business.

The government has extended the business visitor visa to up to five years, instead of up to three years, for applications lodged after 1 April 2024. These changes were announced by Prime Minister Albanese at the 2024 ASEAN-Australia Special Summit held in March.

Business visitors with a Visitor (subclass 600) visa can stay in Australia for up to three months at a time during multiple visits, for up to five years. Visa holders can visit to: 

  • negotiate contracts 
  • make general business or employment enquiries 
  • participate in conferences or trade fairs
  • be part of official government visits.

The government will also extend the ten-year visitor visa Frequent Traveller stream to ASEAN states and Timor-Leste later this year.

These measures do not include Myanmar.

The visa changes are part of the recommendations from Australia’s blueprint to deepen ties with Southeast Asia.

6/28/24

New citizenship application fees from 1 July 2024

From 1 July 2024, new citizenship application fees will apply. Fees are changing to reflect the cost of processing applications. On 1 July each year, indexation is applied to citizenship application fees based on the consumer price index (CPI).

The new fees apply to all citizenship applications received by the Department of Home Affairs (the Department) at or after 12 am (AEST) on 1 July 2024.​

The new fees applicable from 1 July 2024 are set out in the table here. There will be no changes to the eligibility for fee exemptions.

Online applications

  • Those who apply online at or after 12 am (AEST) on 1 July 2024 will pay the new fee, regardless of when they started the application. The application is considered submitted when the Department of Home Affairs (DHA) receives it, along with the fee.
  • For those who apply online and pay by credit card or debit card, PayPal, or UnionPay, the application and fee is generally received on the same day.
  • Those who submit an incomplete application may need to submit a new application and pay the relevant fee.
  • Online services, including ImmiAccount, may not be available between 2 pm (AEST) on 30 June 2024 and 9 am (AEST) on 1 July 2024 due to systems maintenance.  

 

Paper applications

  • For paper applications sent by post, an application is considered submitted on the date DHA receives the application, not the date the application form is posted. If DHA receives the application at or after 12 am (AEST) on 1 July 2024, the new fee applies. To avoid the risk of postal delays, DHA recommends applying ​online where possible.
  • If DHA receives a paper application without the full fee applicable on the date received, it cannot consider the application until the correct fee has been paid.
  • Those who pre-paid a lower fee, but do not submit the application before the fee change, can make a ‘top-up’ payment using ImmiAccount.
  • For those who do not pay the ‘top-up’ amount, the application will be returned. They will need to submit a new application with the correct fee.

6/24/24

Government changes certain visa conditions

The Department of Home Affairs (DHA) has announced that, from 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in response to the government’s Migration Strategy. These changes address worker exploitation and productivity and support the labour market mobility of temporary migrants who have the following visas:

  • Temporary Work (Skilled) visa (subclass 457)
  • Temporary Skill Shortage visa (subclass 482)
  • Skilled Employer Sponsored Regional (provisional) visa (subclass 494).

Holders of these visas who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. These visa holders will have up to:

  • 180 days at a time, or
  • a maximum of 365 days in total across the entire visa grant period.

During this time, visa holders can work for other employers. This includes work in occupations not listed in their most recently approved sponsorship nomination. This will ensure that visa holders can support themselves while they look for a new sponsor.

Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer. Visa holders must remain in their nominated occupation while working for their existing sponsor.

Sponsors must still let the department know if there is any change in situation within 28 days. This includes ceasing sponsorship or if a visa holder resigns.

Visa holders must not carry out any work that is inconsistent with any licence or registration needed for their nominated occupation. This includes any conditions or requirements they are subject to.

The changes apply to existing visa holders, as well as those granted a visa on or after 1 July 2024. Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods outlined above.

6/17/24

Closure of Business Innovation and Investment (Provisional) subclass 188 visa

As part of the Migration Strategy, the government announced that it would not provide any new allocations for the Business Innovation and Investment program (BIIP) (provisional) subclass 188 visa while a new talent and innovation visa was considered. The new National Innovation visa will be available at the end of 2024.

The BIIP will close permanently from July 2024. The Department of Home Affairs (DHA) will not accept any new applications for the BIIP (subclass 188) visa. The Migration Review found that the BIIP is delivering poor economic results for Australia. Studies including work by the Treasury and the Productivity Commission support this finding.

DHA will process current BIIP (subclass 188) visa applications in line with government priorities and Migration Program planning levels. DHA will also tighten BIIP policy guidance so that all business migrants coming to Australia must have had a successful business career and will bring an economic benefit to Australia.

Those who hold a subclass 188 visa and meet the criteria for the Business Innovation and Investment (Permanent) (subclass 888) visa can continue on this pathway after July 2024.

Those who hold a subclass 188 visa in the Business Innovation stream or the Significant Investor stream can still apply for the extension stream of the visa. This will give more time to meet the requirements of the Business Innovation and Investment (Permanent) (subclass 888) visa.

 

Refunds for the subclass 188 visa application charge (VAC) will be available from September 2024 if you want to withdraw your application. DHA will give more information on when to withdraw and how to ask for a refund when they are available.

New restrictions on transferring to a Student visa

 

From 1 July 2024, Temporary Graduate, Visitor and Maritime Crew visa holders will be unable to apply for a Student visa while in Australia.

 

In addition to existing visas from which it is already not possible to apply for a Student visa onshore, the complete list of visa holders that will be unable to apply for a Student visa onshore are:

The changes to Student visa eligibility were announced as part of the release of the Migration Strategy earlier in 2024.

 

The Department of Home Affairs states:

Visa hopping has contributed to a growing cohort of ‘permanently temporary’ former international students living in Australia. These changes, combined with other measures, will help to close this loophole and put an end to this practice.

Temporary Graduate Visa holders should depart Australia, or find skilled jobs and/​​or other visa pathways, including those that may lead to becoming permanent residents of Australia. Visitor visa applicants who intend to study will be required to apply for their Student visa from offshore.

Student visa applicants genuinely intending to pursue studies in Australia can apply outside Australia. Those who meet the criteria will be granted a Student visa.

6/7/24

Closure of Business Innovation and Investment (Provisional) subclass 188 visa

As part of the Migration Strategy, the government announced that it would not provide any new allocations for the Business Innovation and Investment program (BIIP) (provisional) subclass 188 visa while a new talent and innovation visa was considered. The new National Innovation visa will be available at the end of 2024.

The BIIP will close permanently from July 2024. The Department of Home Affairs (DHA) will not accept any new applications for the BIIP (subclass 188) visa. The Migration Review found that the BIIP is delivering poor economic results for Australia. Studies including work by the Treasury and the Productivity Commission support this finding.

DHA will process current BIIP (subclass 188) visa applications in line with government priorities and Migration Program planning levels. DHA will also tighten BIIP policy guidance so that all business migrants coming to Australia must have had a successful business career and will bring an economic benefit to Australia.

Those who hold a subclass 188 visa and meet the criteria for the Business Innovation and Investment (Permanent) (subclass 888) visa can continue on this pathway after July 2024.

Those who hold a subclass 188 visa in the Business Innovation stream or the Significant Investor stream can still apply for the extension stream of the visa. This will give more time to meet the requirements of the Business Innovation and Investment (Permanent) (subclass 888) visa.

Refunds for the subclass 188 visa application charge (VAC) will be available from September 2024 if you want to withdraw your application. DHA will give more information on when to withdraw and how to ask for a refund when they are available.

New restrictions on transferring to a Student visa

From 1 July 2024, Temporary Graduate, Visitor and Maritime Crew visa holders will be unable to apply for a Student visa while in Australia.

 

In addition to existing visas from which it is already not possible to apply for a Student visa onshore, the complete list of visa holders that will be unable to apply for a Student visa onshore are:

The changes to Student visa eligibility were announced as part of the release of the Migration Strategy earlier in 2024.

 

The Department of Home Affairs states:

Visa hopping has contributed to a growing cohort of ‘permanently temporary’ former international students living in Australia. These changes, combined with other measures, will help to close this loophole and put an end to this practice.

Temporary Graduate Visa holders should depart Australia, or find skilled jobs and/​​or other visa pathways, including those that may lead to becoming permanent residents of Australia. Visitor visa applicants who intend to study will be required to apply for their Student visa from offshore.

Student visa applicants genuinely intending to pursue studies in Australia can apply outside Australia. Those who meet the criteria will be granted a Student visa.

Pacific Engagement Visa opens

The government has amended the Migration Regulations to create the new Pacific Engagement visa (PEV – subclass 192), as it promised in January 2024. Up to 3000 visas will be allocated to eligible Pacific island and Timor-Leste nationals each year.

The PEV has a pre-application ballot process, which opened on 3 June 2024. The government’s 2024-25 Budget includes plans to introduce a pre-application ballot process for Work and Holiday visas for nationals of China, Vietnam and India, and a new temporary visa for young professionals from India. Further amendments will be needed to implement ballot processes for these visas.

 

For both ballot processes, there will be a charge of AUD 25 to register (the same as proposed for the PEV). If a person is selected to apply, a separate visa application charge applies: the charge for a Work and Holiday visa is currently AUD 635 and a charge of AUD 365 is proposed for the MATES visa

5/31/24

Increase in the Temporary Skilled Migration Income Threshold

The Department of Home Affairs has announced that, effective 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will increase from AUD 70,000 to AUD 73,150.

New nomination applications from this date will need to meet the new TSMIT of AUD 73,150 or the annual market salary rate, whichever is higher.

This change will not affect existing visa holders and nominations lodged before 1 July 2024.

These changes are in line with the government’s commitment at the Jobs and Skills Summit in September 2022.

5/24/24

Further details of the new pre-application ballot process for the Work and Holiday visa program for China, India and Vietnam

On 14 May 2024, the government delivered the 2024-25 Federal Budget. This included a new pre-application ballot process for the capped Work and Holiday (subclass 462) visa program for China, India and Vietnam, to help manage demand and application processing times, as demand is anticipated to significantly exceed available places for these countries.

The Department of Home Affairs (DHA) has now released further details of this new procedure:

  • An AUD 25 ballot registration fee will be payable, on top of the existing AUD 635 Visa Application Charge;
  • Registrations for the first Work and Holiday (subclass 462) visa ballots for China, Vietnam and India will open later in 2024 (dates to be confirmed). Those interested in registering for a ballot will be able to submit an online registration form via ImmiAccount. The system will randomly select valid registrations electronically. DHA will notify selected registrants and give them a timeframe to make an online visa application;
  • The pre-application process will only apply to first Work and Holiday (subclass 462) visa applicants from China, Vietnam and India. Nationals of these countries who have already been granted a first Work and Holiday visa can continue applying for a second or third Work and Holiday visa online via ImmiAccount.

DHA says that the legislation and systems changes required to implement the pre-application ballot system took longer than expected and that, therefore, it has decided to pause applications from China until the new system opens, later in 2024.

5/17/24

Migration measures in 2024-25 budget

On 14 May 2024, the government delivered the 2024-25 Federal Budget, which includes several measures in the area of migration policy which may affect employers of foreign nationals in Australia.

The government:

  • has set the permanent Migration Program planning level for 2024-25 at 185,000 places and allocated 132,000 places (around 70%) to the Skill stream (including both employer-sponsored and independent skilled visas);
  • will reduce the work experience requirement for the Temporary Skill Shortage (subclass 482) visa from two years to one year for all applicants from 23 November 2024;
  • will implement a new National Innovation Visa to replace the current Global Talent Visa (subclass 858) from late 2024. The Business Innovation and Investment visa program (BIIP) will close, with refunds of the visa application charge provided from September 2024 for those who wish to withdraw their BIIP application;
  • will introduce a pre-application ballot process for the capped Work and Holiday (subclass 462) visa program for China, India and Vietnam, to help manage demand and application processing times. A ballot charge (initially AUD 25) will apply;
  • will implement a new Mobility Arrangement for Talented Early-professionals Scheme (MATES) program for Indian nationals from 1 November 2024, as part of the Australia-India Migration and Mobility Partnership Arrangement (MMPA). This will provide a new mobility pathway for 3000 Indian graduates and early career professionals (aged 18-30 years at the time of application) with knowledge and skills in targeted fields of study to live and work in Australia for up to two years. The visa will have a pre-application (ballot) charge of AUD 25 and am application charge of AUD 365;
  • has lengthened the validity of the Visitor Visa (subclass 600) Business Visitor stream for Indian nationals from up to three years to up to five years, also as part of the MMPA.

 

Several measures proposed in the government’s Migration Strategy in December 2023 have not been included in the latest budget – it is not clear when these changes will be introduced.

5/10/24

Increase to the Financial Capacity Requirement for Student and Student Guardian visas

From 10 May 2024, the amount of money that Student and Student Guardian visa applicants need to have to be eligible for the visa is increasing.

The financial capacity requirement has been updated to align with a proportion (75 per cent) of the national minimum wage. This will better indicate the amount of money considered reasonable to provide a minimum standard of living while studying in Australia. This proportion considers that students are out of course session for 25 per cent of the year. During this time they may return home or have access to unrestricted work.

The below table outlines the funds applicants need to show to meet the minimum financial capacity requirement, which will increase from 10 May 2024.

 

Financial capacity requirement before 10 May 2024

Financial capacity requirement after 10​​ May 2024

Primary applicant

AUD 24,505

AUD 29,710

Spouse or de facto partner of the student primary applicant

AUD 8574

AUD 10,394

Dependent child

AUD 3670

AUD 4449

Annual school costs

AUD 9661

AUD 13,502

Personal annual income if there is no member of the family

AUD72,465

AUD87,856

Personal annual income where there is a member of the family unit.

AUD84,543

AUD102,500

 

The Department of Home Affairs (DHA) will assess applications lodged before 10 ​May 2024 under the financial capacity requirements in effect at the time of application.

5/6/24

Changes to the Temporary Graduate visa program proposed to take effect 1 July 2024

The Australian Government announced changes to the Temporary Graduate visa programs in its recent Migration Strategy. These changes should take effect from 1 July 2024, subject to the passage of legislative amendments. Clarification of these changes is listed below.

Graduate Work stream

  • The Graduate Work stream will be renamed the Post-Vocational Education Work stream.
  • The maximum eligible age for Post-Vocational Education Work stream applicants will be reduced to 35 years of age or under.
    • Hong Kong and British National Overseas passport holders will continue to be eligible provided they are under 50 years of age.
    • Applicants no longer eligible for the Post-Vocational Education Work stream due to the age reduction may be eligible for a number of other visas. Explore your visa options.
  • Applicants must hold an associate degree, diploma or trade qualification, closely related to their nominated occupation on the Medium and Long-term Strategic Skills List (MLTSSL).
  • Applicants with a degree level qualification or higher will no longer be eligible for this stream. If an applicant holds one of these qualifications, they must apply through the Post-Higher Education Work stream.
  • Applicants may continue to stay for up to 18 months.
  • Hong Kong or British National Overseas passport holders may be able to stay for up to 5 years.

Post-Study Work stream

  • The Post-Study Work stream will be renamed to the Post-Higher Education Work stream.
  • The maximum eligible age for Post-Higher Education Work stream applicants will reduce to 35 years of age or under.
    • Hong Kong and British National Overseas passport holders will continue to be eligible provided they are under 50 years of age.
    • Applicants no longer eligible for the Post-Higher Education Work stream due to the age reduction may be eligible for a number of other visas. Explore your visa options.
  • The ‘select degree’ two-year extension will cease.
  • Stay periods will change to the following:
    • Bachelor’s degree (including honours) – up to 2 years
    • Masters (coursework and extended) – up to 2 years
    • Masters (research) and doctoral degree (PhD) – up to 3 years.
  • Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.
  • Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:
    • Bachelor’s degree (including honours) – up to 2 years
    • Bachelor’s degree (with first class honours in STEM, including ICT) – up to 3 years
    • Masters (coursework, extended and research) – up to 3 years
    • Doctoral degrees (PhD) – up to 4 years.

Second Post-Study Work stream

The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream. There are no other changes to this stream.

Replacement stream

The Replacement stream will close.

4/16/24

New South Wales eases nomination criteria for Skilled Worker Regional visa (subclass 491)

The New South Wales (NSW) government has updated the nomination criteria for the Skilled Work Regional visa (subclass 491) under Pathway 1, effective 3 April 2024.

There are two pathways to NSW nomination for this visa: 

  • Pathway 1 – Applying directly to Investment NSW for those who have an established work history with a regional NSW-based employer.
  • Pathway 2 – Being invited to apply by Investment NSW.

Previously, applicants for Pathway 1 were required to have been living and working in a designated regional area of NSW for at least 12 months with a single regional NSW-based employer, among other requirements. Based on industry feedback, NSW government is now reducing this employment duration requirement to six months.

This change means that more skilled workers will be eligible to apply for the Skilled Work Regional visa (subclass 491) under Pathway 1, opening up opportunities for those who have been contributing to the regional economy and communities for six months.

The following Pathway 1 criteria remain unchanged:

  • Employment must be with a single regional NSW-based employer working from an established business premises in regional NSW.
  •  The role must be in the applicant’s nominated (or closely related) occupation.
  •  The occupation must be deemed skilled by NSW.
  •  Applicants must be paid a minimum of the TSMIT salary level of $70,000 (prorated if under 38 hours per week) from their qualifying employer in the nominated (or closely related) occupation in the 6 months immediately before applying.

Further criteria must be met for all NSW nominations (pathway 1 or 2):

  • Applicants must meet all visa requirements outlined by Home Affairs for this visa.
  • Applicants must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.
  • Applicants must be either currently residing: 
    • in NSW and have continuously resided in NSW for a minimum period of three months; or 
    • offshore and have continuously resided offshore for a minimum period of three months.

NSW government also provided the following important reminders:

  • Skilled employment must occur after NSW deems the applicant skilled in their occupation and must appear in their SkillSelect Expression of Interest (EOI).
  • Applicants must lodge their visa application onshore and must not have a current visa application being decided by Home Affairs for a permanent visa.

3/22/24

New English language requirements

The Australian Government has made changes to English Language Requirements for Student and Temporary Graduate visas. 

This change was announced as part of the Australian Government’s Migration Strategy released on 11 December 2023 and applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.

Temporary Graduate visa (TGV):

  • The minimum score required for a TGV from IELTS test score increases from 6.0 to 6.5 (or equivalent), with a minimum score of 5.5 for each component of the test (reading, writing, speaking and listening).
  • The test validity window for a TGV decreases from 3 years to 1 year. TGV applicants now need to provide evidence that they have completed an English Language test within 1 year immediately before the date of the visa application.

Student visa:

  • The minimum score required for a Student visa from an IELTS test score increases from 5.5 to 6 (or its equivalent).
  • The minimum score required to undertake a packaged ELICOS from IELTS increases from 4.5 to 5.0.
  • For students studying English only through ELICOS, there will be no change.
  • The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS 5.5 (or equivalent).

Increasing English language requirements for students undertaking VET and higher education courses requires a similar increase in score for those taking packaged ELICOS courses. This ensures that students can transition successfully into their main course, with the appropriate level of English.

New Genuine Student requirement

Effective 23 March 2024, the Genuine Student (GS) requirement replaces the Genuine Temporary Entrant (GTE) requirement for Student visas.

This change was announced as part of the Australian Government’s Migration Strategy released on 11 December 2023 and applies to all Student visa applications lodged on or after 23 March 2024.

The purpose of this amendment is to clarify the assessment of a student’s intention to genuinely study in Australia and to remove the confusion about whether the student can express a desire to migrate to Australia.

Student visa applicants no longer need to satisfy the GTE requirement that they genuinely intend to only stay in Australia temporarily.

The GS requirement acknowledges that post-study pathways to permanent residence are available to those eligible graduates. International students with studies and qualifications obtained in Australia may provide a qualified skilled workforce ready to fill skill shortages in Australia.

The change is also intended to help the Department to identify non-genuine students who are seeking to enter Australia for purposes other than to study.

The GS requirement focuses on the assessment of the student’s genuine intention to study in Australia, having regard to a number of factors, including the applicant’s circumstances, evidence of course progression, immigration history, compliance with visa conditions and other relevant matter.

The GTE requirement will be retained for Student Guardian visa applicants.

2/9/24

ImmiAccount security enhancements

From 31 January 2024, all new and existing users of ImmiAccount must verify their email address. This first phase of security enhancements is designed to better protect ImmiAccount users.

Existing users with an unverified email address must verify or update their email address when they next log in.

New users must verify their email address when they create an ImmiAccount. They must ensure their email address meets the security requirements. This change will ensure all active users in ImmiAccount have a valid email address linked to their account.

2/2/24

Pandemic Event visa has closed

Effective 1 February 2024, the Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event) visa closed to new applicants.

The Australian Government introduced the Pandemic Event visa in April 2020 to allow temporary visa holders to remain in Australia lawfully while the border was closed. It also addressed labour shortages in critical sectors in the local economy.

Now that Australia’s borders are open and temporary visa holder numbers in Australia have returned to pre-COVID-19 levels, the Pandemic Event visa is no longer required.

Visa holders should ensure they remain lawful if they wish to stay in Australia and are encouraged to use the Visa Entitlement Verification Online (VEVO) system to check their visa conditions and visa validity. Individuals who remain in Australia without a valid visa risk being detained and removed. They may also incur a debt to the Australian Government for the cost of their removal. 

The Department will continue to process all visa applications received before 1 February 2024. 

1/5/24

Extension of work rights exemption for Working Holiday Makers

The government has decided to continue the previous exemption process relating to visa condition 8547, while consultation on the Working Holiday program settings and reform process is underway, in line with the recently published Migration Strategy. 

From 1 January 2024, Working Holiday Makers can work for the same employer in Australia for more than six months without asking permission if the work is:

  • in different locations and work in any one location does not exceed 6 months;
  • in plant and animal cultivation anywhere in Australia;
  • in certain industries, including  aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in northern Australia only;
  • natural disaster recovery work;
  • in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia;
  • in the critical sector of tourism and hospitality anywhere in Australia.

For any other situations not covered above, Working Holiday Makers must request for permission to work longer than six months with one employer.

12/26/23

Skilled-Recognised Graduate visa capped

The Skilled-Recognised Graduate visa has been capped from 22 December 2023. ​Applicants with a pending application will be able to apply for a repayment of their Visa Application Charge (VAC). As the authorities work through pending applications, applicants will be sent instructions on how to claim a repayment of their VAC through ImmiAccount.

The Skilled-Recognised Graduate visa is usually issued for a stay of up to 18 months and allows travel, work and study. Eligible applicants must be under 31 years of age; must have completed an engineering degree at a specified educational institution in the past 2 years; and must not have previously been the primary visa holder of a subclass 476 or 485 visa.

 

12/15/23

Student visa processing priorities

Ministerial Direction No. 107, signed on 14 December 2023, formalises the Australian government’s processing priorities for the student and student guardian visa programmes.

An evidence level is allocated to each Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)-registered education provider. The new Ministerial Direction works with the evidence level framework to prioritise applications from international students wishing to study in Australia.

Ministerial Direction No. 107 provides the highest priority to:

  • student visa applications lodged outside Australia by:
    • Schools sector, Foreign Affairs or Defence sector, and Postgraduate Research sector applicants;
    • Higher Education, English Language Intensive Course for Overseas Students (ELICOS), Vocational Education and Training (VET), and Non-Award sector applicants studying at an education provider with an evidence​ level 1;
  • subsequent entrant applications lodged outside Australia that include an unmarried family member under 18 years​;
  • all Student Guardian visa applications (lodged in or outside Australia).

Any secondary applicant (spouse, de-facto partner or dependent child) who is included in the primary visa application will be given the same priority as the primary applicant.

Subsequent entrant means a secondary applicant for a student visa who did not make a combined application with the primary applicant / primary visa holder. 

Where the primary applicant intends to undertake two or more courses of study (course packaging), the application will be given the order of priority that applies to the principal course of study (i.e. the course of study with the highest Australian Qualifications Framework (AQF) level).

The new student visa processing priorities apply to all visa applications lodged on or from 15 December 2023, as well as applications lodged prior to this date that are yet to be finalised.

Student visa applications lodged in Australia will continue to be processed according to existing processing arrangements.

Removal of the Labour Market Testing (LMT) Requirement to Advertise on the Workforce Australia Website

On 11 December 2023, immigration law has been​ updated to remove the requirement for employers to advertise on the Workforce Australia website. This change will apply to subclass 482 and 494 nomination applications, and will allow employers greater flexibility in relation to how they undertake LMT.

At the same time, clarifying text has been incorporated into the updated instrument which indicates that nominated positions may be advertised over two or more overlapping periods totalling a minimum of four weeks.

This change is an immediate outcome of the Government’s Migration Strategy (see below).

Migration Strategy published

On 11 December 2023, the Australian government released its Migration Strategy, including significant reforms to the migration system.

The Migration Strategy builds on the findings of the first comprehensive review of the migration system in a generation, the 2023 Review of the Migration System (the Parkinson Review), and also the​ Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review).

The eight key actions are as follows:

  1. Targeting temporary skilled migration to address skills needs and promote worker mobility
  • A new Skills in Demand visa, with full mobility and clear pathways to permanent residence
  • A new Specialist Skills Pathway to make it easier for Australia to attract highly skilled workers, for example in the technology or green energy industries
  • A Core Skills Pathway to meet targeted workforce needs, with a simpler, regularly updated occupation list for the skills Australia needs
  • New visa settings that give migrant workers more mobility in the labour market to help tackle worker exploitation and drive productivity
  • Streamlined labour market testing (LMT) and visa processing.
  1. Reshaping permanent skilled migration to drive long-term prosperity
  • A commitment to explore a reformed points test for permanent skilled migration, and a new Talent and Innovation visa for migrants who can drive growth in sectors of national importance.
  1. Strengthening the integrity and quality of international education
  • Higher English language requirements for international students and graduates
  • More scrutiny of high-risk student visa applications and a $19m investment into the Home Affairs student visa integrity unit
  • Restrictions on onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
  • Strengthened and simplified Temporary Graduate visa settings
  • Measures to support international students and graduates to realise their potential.
  1. Tackling worker exploitation and the misuse of the visa system.
  • A new public register of employer sponsors to improve integrity and support migrant worker mobility.
  1. Planning migration to get the right skills in the right places.
  • A new approach to planning permanent migration over the long-term and greater state and territory collaboration on net overseas migration forecasts.
  1. Tailoring regional visa and the Working Holiday Maker Program to support regional Australia and its workers.
  • A new direction to ensure regional visas receive the highest priority visa processing.
  1. Deepening people-to-people ties in the Indo-Pacific.
  2. Simplifying the migration system to improve the experience for migrants and employers.
  • The removal of 20+ unnecessary and duplicative visas to simplify the visa system.

11/27

End of the COVID-19 concession period

The Department of Home Affairs has announced that the COVID-19 concession period will cease on 25 November 2023. ​

From early 2020, the COVID-19 pandemic resulted in international travel restrictions, and deteriorating business and employment conditions. The former government implemented temporary measures related to an initial concession period. This was to provide concessions for applicants of certain visa subclasses affected by travel restrictions and which made it difficult for them to meet visa requirements. This included where the applicant must be located at time of application.

The concession period is no longer relevant as all COVID-19 international travel restrictions have been lifted. Travellers to Australia no longer need to:

  • provide information in relation to their vaccination status, or
  • seek travel exemptions. 

Ending the concession period will contribute to a well-managed migration system. This will restore integrity by ensuring unintended cohorts are not accessing concessions.

Employer Sponsored visas

From 25 November 2023, new nominations for the following visa streams will require Temporary Skill Shortage (TSS) holders to have worked in a position with their sponsoring employer, or worked in the occupation for medical practitioners and certain executives, for two out of the previous three years.

  • Employer Nomination Scheme (ENS)
  • Regional Sponsored Migration Scheme (RSMS)
  • Temporary Residence Transition (TRT) stream.

The following COVID-19 concessions will become redundant and will end:

  • Periods of reduced work due to COVID-19 will not count towards meeting the work experience requirements for new ENS/RSMS TRT stream nomination applications.
  • The COVID-19 concession to the age exemption for high income earning applicants will not apply for new ENS/RSMS visa applications.

The age exemption for legacy 457 workers in Australia for 12 months during the pandemic from 1 February 2020 to 14 December 2021 will apply for ENS visa applications lodged before 1 July 2024.

Skilled Regional Visa subclass 887

The temporary concessions available to holders of eligible skilled provisional visas to apply for the subclass 887 visa are set around the COVID-19 concession period.

The concessions allowed​​ eligible prospective subclass 887 visa applicants to lodge from in or outside Australia during the concession period and to access shorter periods of employment and regional residence requirements.

Applicants can only access the employment requirement concession if they:

  • held an eligible skilled provisional visa during the concession period, and
  • make a valid application within three months of Monday 26 February 2024.

The ending of the concession period will end any other concessions for the subclass 887 visa.

After 25 November 2023, eligible skilled provisional visa holders applying for a subclass 887 visa must be in Australia, but not in immigration clearance, when applying.

Family visas

The COVID-19 concessions removed restrictions on ‘the location at the time of visa grant’ requirement for certain Family program visa applicants.

Applicants for certain Partner and Child visas who applied before 26 November 2023, and who were in Australia at any time during the concession period, will continue to be eligible to be granted a visa in Australia (if they meet all other visa criteria) after the end of the concession period. The COVID-19 concession arrangements will not apply to Partner and Child applicants who were not in Australia at any time during the COVID-19 concession period.

The COVID-19 concessions for certain Parent visa applicants only applied during the COVID-19 concession period, from 1 February 2020 to 25 November 2023. 

Business Innovation and Investment Program visas 

COVID-19 concessions were put in place for the Business Innovation and Investment Program (BIIP) under the:

  • provisional subclass 188 visa - Business Innovation Extension stream
  • permanent subclass 888 visa under all streams.

BIIP applicants who are eligible to exercise COVID-19 concessions to make a valid application can do so for three months after the end of the concession period. Applications must be submitted before the end of 26 February 2024.

Safe Haven Enterprise Visa

The end of the COVID-19 concession will have minimal impact for the Safe Haven Enterprise visa pathway program. The Australian Government has provided a permanent visa pathway option to Safe Haven Enterprise visa holders through the Resolution of Status (subclass 851) (RoS) visa.

Temporary Graduate visa

From 25 November 2023 all applications for any stream of the Temporary Graduate visa (TGV) program must be lodged in Australia. Subsequent entrant applications can be lodged in or outside of Australia. The ability to grant applications to applicants who are either in or outside of Australia (but not in immigration clearance) will continue. 

11/3/23

Start date set for permanent residence changes

The Department of Home Affairs has set a start date of 25 November 2023 (subject to the approval of regulation changes) for its previously announced changes to the employer-sponsored permanent residence programme.

From that date, all Temporary Skill Shortage (TSS) (subclass 482) visa holders will be able to access permanent residence via the Temporary Residence Transition (TRT) stream of the Employer Nominated Scheme (ENS) (subclass 186) visa.

  • Changes to the TSS visa will apply to new applications lodged on or after 25 November 2023.
  • Changes to the Temporary Residence Transition (TRT) stream nomination requirements will apply to new ENS/RSMS nomination applications and applications that are yet to be finally determined as of 25 November 2023.
  • 482 visa holders will be eligible regardless of whether they are sponsored in an occupation on the Short-term (STSOL), Long-term (MLTSSL) or Regional Occupation List (ROL).
  • The eligibility period of employment on a TSS 482 visa has been also reduced from 3 years to 2 years of employment with the most recently approved sponsor. 
  • Changes will also be made to age exemptions for regional medical practitioner and high-income earning applicants aged 45 years and over to allow for a two-year pathway instead of the current three-year requirement.
  • The limits on the number of short-term stream TSS applications visa holders can make in Australia will be removed. Applicants who want to submit a third or more short-term stream TSS visa can do so without having to depart Australia.
  • Nominated occupations will no longer be assessed against skilled migration occupation lists.
  • The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa(s).
  • The period in which TSS visa holders are required to have worked in a position with their sponsoring employer (or in the occupation for medical practitioners and certain executives) will be reduced to 2 out of the 3 years before nomination.
  • The RSMS visa will continue to be restricted to transitional 457 workers and transitional 482 workers.

10/13/23

New visa pathway for UK citizens

The Australian Department of Foreign Affairs and Trade (DFAT) has issued more information about the Innovation and Early Careers Skills Exchange Pilot (IECSEP), part of the Australia-United Kingdom Free Trade Agreement (A-UKFTA).

IECSEP establishes a new, streamlined mobility pathway for early career professionals and demonstrated innovators from the United Kingdom.

There are two streams under IECSEP:

  • the Early Careers Skills stream, which will allow participants to undertake a short-term placement, secondment, or intra-corporate transfer for up to one year in Australia;
  • the Innovation stream, which will allow highly skilled and experienced participants, with a demonstrated contribution to innovation, to undertake opportunities for up to three years in Australia.

Total visas available under the IECSEP will be 1000 in the first year, and 2000 in the second year of operation, during which the program will be reviewed.

IECSEP is now open for applications. Application forms are available here. The current round will close at 11.59pm (GMT) on Monday 20 November 2023. DFAT may close this application round with respect of one or both IECSEP streams on a date before this advertised time. DFAT will provide seven days' notice prior to closing a round before the advertised date.

An IECSEP guidebook is available here, with further details about the application process and assessment criteria.

All IECSEP applicants must have a confirmed job in Australia to be eligible to participate in the IECSEP. Applicants will need to provide DFAT with either a letter of employment offer, or a copy of an employment contract, to prove their prospective employment in Australia when they submit their application. This document needs to contain specific information in order for DFAT to accept it.

All IECSEP applicants must be able to demonstrate UK citizenship, and that they have adequate financial means to support themselves for the duration of their stay in Australia ($5000 plus the fare to where the applicant is going to after Australia).

To be eligible for the Early Careers stream applicants must:

  • be aged between 21 and 45 (inclusive) at the time of application
  • hold tertiary qualifications
  • have worked for at least 3 months in their current role, and the prospective employment in Australia must be relevant to the applicant's field of work in their current role
  • have prospective employment in Australia in an occupation defined at the ANZSCO Skill Levels 1, 2 or 3

To be eligible for the Innovation stream applicants must:

  • have a demonstrated contribution to innovation
  • be highly skilled
  • be highly experienced
  • have prospective employment in Australia in an occupation defined at the ANZSCO Skill Level 1

Successful IECSEP applicants will need to apply to the Department of Home Affairs for a Temporary Work (International Relations) subclass 403 visa Government Agreement stream. DFAT will issue successful applicants with a Letter of Support, which must be presented to the Department of Home Affairs when applying for this visa.

Close Open Australia/China

7/5/24

Reciprocal five-year multi-entry business visas

The governments of Australia and China have agreed to provide reciprocal access to five-year multiple entry visas for tourism, business and visiting family members so as to better facilitate personal exchanges.

Effective immediately, the Embassy and Consulates of China in Australia issue 5-year multi-entry visas to Australian citizens who hold valid ordinary passports of Australia and meet all relevant requirements, to visit China for business, tourism or visiting family members. All the visa applications will be handled by the Chinese Visa Application Service Centre within Australia.

China has also recently included Australia in its 15-day visa waiver program.

 

Close Open Austria

8.30.24

New e-card photo registration offices: 137 municipal offices offer extended service

The Interior Ministry has announced that, effective 2 September 2024, 137 municipal offices throughout Austria will offer a new photo registration service for e-cards.

Through an ordinance of the Minister of the Interior, 137 municipal offices are permitted to register photos for e-cards of Austrians. 109 municipalities can also register photographs for foreign nationals. The participating municipalities are listed in the ordinance.

The ability to upload images for the e-card directly to the municipal offices, instead of having to visit the State Police Directorate or the Federal Office for Foreigners and Asylum in the state capital, will shorten the process for users.

Since 2020, e-cards in Austria have been provided with a photo of the holder. The images used for this purpose have so far come mainly from the driver's license register and other state registers. As a result, however, not all Austrian nationals were recorded and foreign nationals were generally not taken into account. Austrian nationals therefore had to contact the social insurance authorities for photo registration and people without Austrian citizenship had to contact the state police directorates or federal offices for foreign affairs and asylum.

Close Open Austria/United States

3/1/24

New working holiday program established

On 20 February 2024, Austria and the United States signed a Professional Development and Cultural Exchange Memorandum of Understanding (MOU) to establish a Working Holiday Program (WHP).

The exchange program promotes mutual understanding by offering young Austrian and U.S. citizens the opportunity to get to know the culture, everyday life and working world in the other country. Young people between the ages of 18 and 30 can (co-)finance their stay of up to 12 months by taking up paid employment and using the educational facilities in the partner country.

Austrian citizens, between 18 and 30 years of age who are enrolled in or recently graduated from an Austrian-accredited post-secondary or a dual/vocational education program will be eligible to participate. Similarly, United States citizens aged 18 to 30 years of age who have recently graduated from a United States degree, diploma, or certificate granting educational institution will be eligible. The United States is expanding educational exchange opportunities, enabling post-secondary or vocational education students to participate alongside students from colleges and universities.

 

 

 

 

Close Open Bahrain

3/1/24

Visit visas can no longer convertible without a sponsor 

On 12 February 2024, the Ministry of Nationality, Passports and Residence Affairs (NPRA) announced that visit visa holders are no longer allowed to convert to a work or dependent visa without a sponsor

Moreover, the fee for converting a visit visa to a dependent or work visa has increased from BD 60 to BD 250, and the sponsor for the conversion application must be the same sponsor as for the original visit visa.

2/13/24

The Interior Ministry has announced that residency and work permits will soon be renewable from outside Bahrain.

The new service, which applies to foreign nationals working in the commercial and government sectors, registered labourers and domestic workers, will be jointly delivered by the Nationality, Passports and Residence Affairs (NPRA) and the Labour Market Regularly Authority (LMRA). As yet, no implementation date has been announced.

Close Open Belarus

7/19/24

Visa-free overland entry for citizens of 35 European countries

Effective 19 July 2024, citizens of 35 European countries are permitted to enter Belarus visa free via all international road and rail checkpoints and remain in the country for up to 30 days.

This is in addition to the existing visa waiver program permitting entry by air. The existing visa-free scheme for citizens of Latvia, Lithuania and Poland remains in place.

Citizens of the following countries are eligible: Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, North Macedonia, Norway, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican.

Close Open Belgium

7/26/24

Upcoming changes to work authorisation rules in Brussels region

From 1 October 2024, the regulations governing work permits and professional cards will change for non-European nationals in the Brussels Capital Region. The changes mainly concern work permits for salaried workers, but also to the self-employed.

  1. Simplified calculation of remuneration: From 1 October 2024, the salary thresholds for specific categories of occupation will be calculated based on a percentage of the average gross monthly salary in the Brussels Capital Region, which is EUR 4604. Only the basic monthly remuneration (corresponding to Code 1 of the DMFA declaration) will be taken into account. 

For these specific categories, it will amount to at least the following:

Category

Gross amount per month

Senior management

EUR 6445.60 (140 %)

Highly qualified personnel

EUR 3591.12 (78 %)

Performing artist

EUR 2992.60 (65 %)

European Blue Card

EUR 4604.00 (100 %)

ICT manager

EUR 5294.60 (115 %)

ICT expert

EUR 4373.80 (95 %)

ICT trainee

EUR 2532.20 (55 %)

Average gross monthly salary in the Brussels Capital Region

EUR 4604.00            

 

These amounts will be updated every 1 January based on the latest amounts published each September.

The calculation method for athletes, and the determination of the guaranteed average minimum monthly income, are unchanged and will remain in force.

 

Athlete

EUR 6873.15

Guaranteed average minimum monthly income

EUR 2070.48

  1. End of work permit B: Work permit B will now be called either a "short-term work authorisation" or a "long-term work authorisation". The work authorisation will now be sent directly to the employer, who must pass it on to the worker so that they can apply for a visa if necessary. The procedure for au pairs will remain unchanged.
     
  2. Fewer formalities for work authorisations valid for more than one year: When a work authorisation for more than one year has been granted, the employer will no longer have to send documents for the annual check. This check will remain but will be automated. The administration reserves the right to request additional information if necessary.
     
  3. Unlimited work authorisation granted after 30 months' residence and occupation in the Brussels Capital Region: To qualify for an unlimited work authorisation, an employee domiciled in the Brussels Capital Region must have resided in Belgium for at least 30 months without interruption and provide proof of 30 months' employment attested by a single permit or work authorisation obtained in the Brussels Capital Region.
    Where time-limited work authorisations have been issued by another Region, the period is extended to four years. 
     
  4. Additional appendices to be provided: For some categories, additional documents will be required, such as a job description and a company organisation chart. This should enable a better analysis of the application. No additional job market analysis will be carried out for critical functions as published by Actiris (the regional employment office). 
    Actiris will continue to carry out job market analyses for other "non-category" functions, provided that the job offer has been published with Actiris for at least five weeks and the result of this search is provided.
     
  5. Transposition of the new Blue Card Directive: The regulations will also include new provisions concerning the blue card. It will be easier to change employer.
    Higher education qualifications will no longer be required in the field of information and communications technology. Professional qualifications can be demonstrated by proof of professional experience.

Short-term work authorisation

If the working period in Belgium is a maximum of 90 days out of 180 (in the case of successive employment without interruption, previous periods are taken into account in the calculation of the 90 days), the employer or their agent must apply for a short-term work authorisation.

This also applies to cross-border workers or workers teleworking from abroad for a Brussels-based employer, for up to 90 days.

Long-term work authorisation 

If the worker is a cross-border worker, or teleworks from abroad for an employer in the Brussels Capital Region, for more than 90 days, the employer or their agent must apply for a long-term work authorisation.

This authorisation may be granted for three years, depending on the duration of the employment contract, for workers belonging to one of the following categories: 

  • highly skilled workers 
  • intra-group transferees (with the exception of trainee employees);
  • workers holding a European Blue Card
  • researchers

Single permit

The single permit procedure remains unchanged if the worker stays in Belgium for more than 90 days.

Information sessions will take place in September, during which more details on these changes will be provided.

10/6/23

Updated shortage occupation list in Wallonia

Effective 1 October 2023, the shortage occupation list in Wallonia has been updated, with seven occupations removed: carpenter, cook, chef cook, credit analyst, fountain maker, glass maker and speech therapist.

Applicants for work permits in occupations on the list are not required to fulfil labour market testing requirements.

The new list will be in effect until 30 September 2024.

Close Open Brazil

April 2025 - Brazilian Visa Requirements Reinstated for US, Canadian and Australian Citizens

As of April 10, 2025, visitor visa requirements are reinstated for citizens of the US, Canada, and Australia. It applies to anyone traveling to Brazil for tourism, business, transit, artistic, or sports-related activities for less than 90 days.

The visitor visa requirements have been lifted for the past 5 years, but now goes back into effect.

4/4/24

Reinstatement of visa requirement for citizens of Australia, Canada and the USA postponed until April 2025

On 27 March 2024, the Brazilian parliament postponed a vote which, if passed, would overturn a government decree requiring a visa for nationals of Australia, Canada and the United States.

The government instead proposed a new decree which again postpones the reinstatement of visa requirements for tourists of these nationalities, this time until 10 April 2025.

In March 2023, Brazil decided to reinstate the visitor visa requirement for citizens of Australia, Canada, Japan and the United States, effective 1 October 2023. In August 2023 this measure was postponed until 10 January 2024 and again until 10 April 2024.

In May 2023, Brazil and Japan signed a bilateral visa exemption agreement which came into force in September 2023.

12/8/23

eVisa platform open

Effective 1 December 2023, the electronic visa system for nationals of Australia, Canada and the United States is operational. Nationals of these countries can apply now for entry from 10 January 2024.

In March 2023, Brazil decided to reinstate the visitor visa requirement for citizens of Australia, Canada, Japan and the United States, effective 1 October 2023. In August 2023 this measure was postponed until 10 January 2024.

9/15/23

New visas for nationals of Portuguese-speaking countries

A new InterMinisterial Ordinance regulates the granting of temporary visas and residence permits to nationals of the Community of Portuguese-Speaking Countries (CPLP), effective 2 October 2023.

CPLP member states, apart from Brazil, include Angola, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, Portugal, São Tomé and Príncipe and Timor-Leste.

The CPLP Temporary Visa, issued by a Brazilian consulate and valid for entry within one year, will be available to CPLP nationals who are highly-qualified researchers and teachers, technicians, business people and entrepreneurs, and cultural agents, including exchange students.

The visa holder must register with the federal Police within 90 days after entry and can then remain in Brazil for up to two years.

The CPLP Residence Permit is available to CPLP nationals who have already arrived in Brazil, and is valid for a stay of two years. It can be renewed within 90 days before expiry for an indefinite period, provided that the holder can prove financial means and no criminal record in Brazil.

Close Open Brazil/China

3/8/24

Extended visa agreement

Effective 19 February 2024, China and Brazil have signed an agreement for the reciprocal granting of visas valid for up to ten years for tourism, business or family visits. The validity limit was previously five years.

The visas allow stays of up to 90 days at a time and up to 180 days in a 12-month period.

Close Open Canada

(Update provided by Bishop Immigration)

Effective March 25, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has announced immediate changes to the Comprehensive Ranking System (CRS) for both current candidates in the Permanent Residence Express Entry pool and future applicants.

Key Changes to CRS:

These changes apply to all candidates who have job offers and can be awarded points as follows:

  • 200 points for job offers in Major Group 00 (senior management positions) as per the National Occupation Classification (NOC) matrix.
  • 50 points for job offers in other skilled occupations.

 

Who Will Be Affected?

  • LMIA-Exempt Candidates Inside Canada: This change will impact workers in Canada entering the Express Entry pool who hold employer-specific work permits under the International Mobility Program (LMIA-exempt work permits) and who have worked for their employer for at least one year.
  • LMIA Candidates both Inside and Outside of Canada: This applies to workers both inside and outside Canada who hold valid Labour Market Impact Assessments (LMIAs) in support of their Canadian job offers.

Important Considerations:

  • Applications Already in Process: Applicants who have already received an Invitation to Apply (ITA) and submitted a complete application will not be affected by this change.
  • Active ITAs: Candidates with an active ITA that has not expired or been declined will remain eligible under the current system.

While IRCC has indicated that this change will be implemented immediately, it will take up to 7-days for the updates to be reflected on their online portal. It is anticipated that language points (English and French), and Canadian work experience will significantly influence who is most likely to be invited to apply moving forward. However, at this time we do not yet know how these changes will affect CRS points or the frequency of invitations. Further clarity should emerge once IRCC begins issuing ITAs after March 25, 2025.

March 2025

New measures to support construction industry

On 7 March 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced the government’s intent to introduce a number of new measures to support Canada’s construction industry. These measures are within the scope of the 2025–2027 Immigration Levels Plan. They include the convening of a tripartite advisory council to assess needs in the industry and advise on new pathways to bring in the required skilled workers we need, a regularization pathway for out-of-status construction workers, and support for foreign apprentices.

He government intends to immediately convene a tripartite advisory council comprised of federal government and union representatives, and industry leaders. This advisory council will work to identify on‑the‑ground labour needs and advise on the parameters for potential pathways that would bring in and retain the construction workers required for the long term, with robust protections against abuse and a strong wage threshold.

In an effort to build on the success of initiatives such as the out-of-status construction workers in the Greater Toronto Area pilot, IRCC intends to create a pathway that would offer opportunities in the construction sector for undocumented migrants already in Canada.

Finally, to support foreign apprentices in construction programs and to address the current labour market needs in the construction sector, IRCC are also introducing a temporary measure to allow foreign apprentices to complete their studies without a study permit, effective 7 March 2025. By removing this administrative barrier, apprentices will be able to gain the  skills they need to contribute to infrastructure projects more quickly.

 

Update on 2025 Parents and Grandparents Program

In 2025, Immigration, Refugees and Citizenship Canada (IRCC) intends to accept up to 10,000 complete applications for sponsorship under the Parents and Grandparents (PGP) Program.

Given there remains a number of interest to sponsor forms in the pool from 2020, IRCC plans to send invitations to apply to randomly selected potential sponsors from that pool instead of accepting new forms. This is the same approach taken for the intakes conducted from 2020 to 2024.

As of February 5, 2025, processing times for PGP Program applications were approximately 24 months for those destined outside Quebec. They are 48 months for Quebec-destined applicants due to the province’s more limited family class admission targets.

To minimize wait times for clients, IRCC strives to strike a balance between the number of PGP Program applications received with the number of PGP Program spaces available through the Immigration Levels Plan in future years. Changes to the levels plan, such as the overall reductions to our immigration targets in the 2025–2027 Immigration Levels Plan, require IRCC to recalibrate the number of new applications that are accepted for processing.

IRCC understands this approach will have an impact on the families who have not had an opportunity to submit an interest to sponsor form. For those interested in reuniting with their parents and grandparents for extended periods of time, the super visa remains available. This allows parents and grandparents to visit their children or grandchildren for 5 years at a time and provides multiple entries to Canada for up to 10 years. IRCC recently made the super visa more accessible by implementing a change to the health insurance requirement.

More details about the 2025 PGP Program intake will be made available in the coming months, including information about when the invitations to apply will be sent.

Quebec extends suspension of acceptance of certain LMIA applications

The Ministry of Immigration, Francisation and Integration is renewing until 30 November 2025 the measure that suspends the receipt of certain applications for Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program (TETP).

The suspension concerns LMIA applications for jobs in the administrative regions of Montreal and now also Laval, whose hourly wage offered is below the new threshold used by the federal government to distinguish low-wage positions from high-wage positions in Quebec, currently CAD 32.96.

This measure is aimed at:

  • Applications submitted under simplified processing;
  • Applications submitted for the renewal of work permits for temporary foreign workers already employed.

The exemptions originally provided for certain strategic and essential sectors (agriculture, construction, food processing, education, health and social services) are maintained.

This measure responds to the government's direction to curb the increase in the number of non-permanent residents in Quebec in a context of tightening access to the labour market, in addition to promoting the recruitment of workers already present in Quebec.

New Express Entry categories announced

On 27 February 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced the 2025 Express Entry categories, which include a new education category.

For 2025, the focus of the federal economic class draws will be to invite candidates with experience working in Canada (Canadian Experience Class) to apply for permanent residence.

Additionally, to meet Francophone immigration targets and meet the acute needs in health, trades and education, IRCC will conduct category-based invitation rounds in the following categories:

  • strong French language skills, or
  • work experience in the following fields: 
    • health care and social services, such as family physicians, nurse practitioners, dentists, pharmacists, psychologists and chiropractors
    • trades, such as carpenters, plumbers and contractors
    • education, such as teachers, child care educators and instructors of persons with disabilities

Express Entry is Canada’s flagship application management system for those seeking to immigrate permanently through the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class and a portion of the Provincial Nominee Program.

From 2018 to 2024, admissions under the Federal Skilled Worker Program and the Canadian Experience Class accounted for approximately 48% of overall French‑speaking immigrant admissions outside Quebec, and approximately 64% of French-speaking economic immigrant admissions outside of Quebec. (Note: Data are preliminary estimates and subject to change.) 

In June 2022, the Government of Canada made changes to the Immigration and Refugee Protection Act to allow for the selection of immigrants based on key attributes that support economic priorities, such as specific work experience or knowledge of French.

Canada extends some temporary measures for Ukrainians 

On 27 February 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced that Ukrainians and their family members who arrived in Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET) on or before 31 March 2024, will now have until 31 March 2026 to apply for a new open work permit valid for up to three years, renew an existing work permit, or apply for a new study permit, subject to standard fees.

Those who wish to renew their status as a visitor or student can continue to apply to renew as they have.

These temporary measures will allow Ukrainians and their family members to continue to work and study in Canada during this difficult time, and eventually return home when it is safe to do so.

Access to free settlement services for all Ukrainian temporary residents and their family members in Canada are available until 31 March 2025.

Background

  • The Canada-Ukraine Authorization for Emergency Travel (CUAET) was launched in March 2022 as a temporary special measure to provide immediate assistance to Ukrainians fleeing the war in Ukraine.
  • All CUAET clients in Canada must apply to extend their status before the expiry date of their current visitor record, work or study permit. If they apply before the expiry date, they can continue working or studying with maintained status until we make a decision on their application.

Ukrainians can still apply to extend their temporary status in Canada, even if their passport is not up-to-date. Each case will be assessed on an individual basis.

Feb 2025

New Express Entry categories announced

On 27 February 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced the 2025 Express Entry categories, which include a new education category.

 

For 2025, the focus of the federal economic class draws will be to invite candidates with experience working in Canada (Canadian Experience Class) to apply for permanent residence.

Additionally, to meet Francophone immigration targets and meet the acute needs in health, trades and education, IRCC will conduct category-based invitation rounds in the following categories:

  • strong French language skills, or
  • work experience in the following fields: 
    • health care and social services, such as family physicians, nurse practitioners, dentists, pharmacists, psychologists and chiropractors
    • trades, such as carpenters, plumbers and contractors
    • education, such as teachers, child care educators and instructors of persons with disabilities

Express Entry is Canada’s flagship application management system for those seeking to immigrate permanently through the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class and a portion of the Provincial Nominee Program.

From 2018 to 2024, admissions under the Federal Skilled Worker Program and the Canadian Experience Class accounted for approximately 48% of overall French‑speaking immigrant admissions outside Quebec, and approximately 64% of French-speaking economic immigrant admissions outside of Quebec. (Note: Data are preliminary estimates and subject to change.) 

In June 2022, the Government of Canada made changes to the Immigration and Refugee Protection Act to allow for the selection of immigrants based on key attributes that support economic priorities, such as specific work experience or knowledge of French.

Canada extends some temporary measures for Ukrainians 

On 27 February 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced that Ukrainians and their family members who arrived in Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET) on or before 31 March 2024, will now have until 31 March 2026 to apply for a new open work permit valid for up to three years, renew an existing work permit, or apply for a new study permit, subject to standard fees.

Those who wish to renew their status as a visitor or student can continue to apply to renew as they have.

These temporary measures will allow Ukrainians and their family members to continue to work and study in Canada during this difficult time, and eventually return home when it is safe to do so.

Access to free settlement services for all Ukrainian temporary residents and their family members in Canada are available until 31 March 2025.

Background

  • The Canada-Ukraine Authorization for Emergency Travel (CUAET) was launched in March 2022 as a temporary special measure to provide immediate assistance to Ukrainians fleeing the war in Ukraine.
  • All CUAET clients in Canada must apply to extend their status before the expiry date of their current visitor record, work or study permit. If they apply before the expiry date, they can continue working or studying with maintained status until we make a decision on their application.

Ukrainians can still apply to extend their temporary status in Canada, even if their passport is not up-to-date. Each case will be assessed on an individual basis.

New rules to strengthen temporary resident document cancellations, and border security and integrity

On 12 February, Immigration, Refugees and Citizenship Canada (IRCC) announced that it had updated Canada’s Immigration and Refugee Protection Regulations to strengthen authorities to cancel temporary resident documents.

These changes give immigration and border services officers explicit authority to cancel electronic travel authorizations (eTAs) and temporary resident visas (TRVs) on a case-by-case basis, including when

  • a change in a person’s status or circumstances makes them inadmissible or no longer eligible to hold the document (for example, the person provided false information, has a criminal history or is deceased);
  • an officer is not satisfied that someone will leave Canada by the end of their authorized period of stay; or
  • the document is lost, stolen, destroyed or abandoned.

The changes also enable officers to cancel TRVs, eTAs, work permits and study permits issued to people when

  • they become a permanent resident;
  • they are deceased; or
  • the document was issued based on an administrative error.

New rural and francophone community immigration pilots

On 30 January 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced the launch of the Rural Community Immigration Pilot and the Francophone Community Immigration Pilot, and the communities chosen to participate. These pilots will provide 18 communities with a permanent residence pathway to attract and retain newcomers who can fill key jobs and who want to live long-term in these areas.

The Rural Community Immigration Pilot ensures that rural communities have access to programs that address labour shortages and help local businesses find the workers they need. The Francophone Community Immigration Pilot focuses on increasing the number of French-speaking newcomers settling in Francophone minority communities outside of Quebec. This ensures the economic development of Francophone minority communities, while also helping to restore and increase their demographic weight.

Each selected community is represented by a local economic development organization, which will work with Immigration, Refugees and Citizenship Canada (IRCC) to identify its critical labour gaps, designate trustworthy employers and recommend suitable candidates to IRCC for permanent residence. IRCC has begun training the economic development organizations, and each community will provide details and timelines on when employers and prospective permanent residence candidates can expect to have a chance to apply.

The following communities will participate in the Rural Community Immigration Pilot (RCIP):

  • Pictou County, NS
  • North Bay, ON
  • Sudbury, ON
  • Timmins, ON
  • Sault Ste. Marie, ON
  • Thunder Bay, ON
  • Steinbach, MB
  • Altona/Rhineland, MB
  • Brandon, MB
  • Moose Jaw, SK
  • Claresholm, AB
  • West Kootenay, BC
  • North Okanagan Shuswap, BC
  • Peace Liard, BC

The following communities will participate in the Francophone Community Immigration Pilot (FCIP):

  • Acadian Peninsula, NB
  • Sudbury, ON
  • Timmins, ON
  • Superior East Region, ON
  • St. Pierre Jolys, MB
  • Kelowna, BC.

Part of the Acadian Peninsula, Sudbury, Timmins, and St. Pierre Jolys are also participants in the Welcoming Francophone Communities initiative, which will help them settle and integrate French-speaking newcomers who arrive in their communities under the FCIP.

As of December 31, 2024, 8,580 newcomers have been granted permanent residence through the Rural and Northern Immigration Pilot (RNIP), helping address labour shortages in key sectors such as health care and manufacturing.

Regulatory amendments for Canada–United States information sharing agreement

On 17 January 2025, regulatory changes came into force to implement amendments to the Agreement between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information. These changes enable the automated exchange of biographical and biometric information on permanent residents of both Canada and the United States. Once the required systems are in place, information will only be exchanged in response to a request as part of either country’s immigration screening process, such as when a client is applying for a visa.

The original agreement, which authorized the automated exchange of information on all foreign nationals, was signed in 2012. The recent changes allow Canada and the United States to expand information-sharing capabilities as close and trusted security partners. These enhancements aim to improve screening for security risks and decision making across immigration programs.

The agreement supports immigration and border officials and helps them

  • verify clients’ identities
  • strengthen admissibility screening
  • facilitate visa issuance for clients with a proven history of immigration compliance in the United States.

This sharing will strengthen visitor screening and help identify non-genuine travellers before they reach Canada’s ports of entry.

The regulatory amendments can be consulted in the Canada Gazette, Part II, and all updates will be reflected on Immigration, Refugees and Citizenship Canada’s website.

Jan 2025

Change to health insurance requirement for super visa

Effective 28 January 2025, Immigration, Refugees and Citizenship Canada (IRCC) is allowing super visa applicants to purchase a private health insurance policy from companies outside Canada.

The super visa is a multiple-entry visa that allows parents and grandparents of Canadian citizens and permanent residents to visit their family in Canada for longer periods of time: five years per visit, with the option to extend their stay while in Canada.

Super visa applicants must prove they have a minimum level of private health coverage to be granted a super visa, as they are not eligible for provincial or territorial health care plans. Previously, proof of health insurance could only be from Canadian health insurance providers.

To be eligible as valid health insurance coverage, the policy from a company outside Canada must

  • be issued by a foreign insurance company authorized by the Office of the Superintendent of Financial Institutions (OSFI) to provide accident and sickness insurance
  • appear on OSFI’s list of federally regulated financial institutions
  • be issued under the company’s insurance business in Canada

Applicants can check whether a foreign insurance company is authorized to provide accident and sickness insurance by visiting the OSFI website. More information on these changes to the super visa can also be found on IRCC's website.

Super visa holders should have a valid health insurance policy for the duration of their stay in Canada. If coverage expires before they leave Canada, super visa holders may need to renew their health insurance during their stay. Private health insurance must be valid for each entry to Canada.

2025 provincial and territorial allocations under the international student cap

 

Immigration, Refugees and Citizenship Canada (IRCC) has announced provincial and territorial allocations for 2025 under the international student cap.

 

In 2024, IRCC capped the number of study permit applications that could be accepted for processing, reducing the number of international students coming to Canada by about 40%.

 

For 2025, IRCC plans to issue a total of 437,000 study permits, which represents a 10% decrease from the 2024 cap.

Since the introduction of the cap last year, most study permit applicants have been required to submit a provincial attestation letter or territorial attestation letter (PAL/TAL). This requirement now extends to master’s and doctoral students, as well as most applicants applying from within Canada.

To support this change, IRCC is reserving spaces specifically for graduate students. Additionally, a new exemption is now in place for exchange students, ensuring that Canadian students can continue to benefit from reciprocal agreements to study abroad.

The following groups continue to be exempt from submitting a PAL/TAL:

  • primary and secondary (kindergarten to grade 12) students
  • certain Government of Canada priority groups and vulnerable cohorts
  • existing study permit holders applying for an extension at the same designated learning institution (DLI) and at the same level of study.

Of the 437,000 study permits expected to be issued in 2025, 120,724 are expected to come from PAL/TAL-exempt students, while 316,267 are expected to come from PAL/TAL-required groups.

Allocations are based on the average approval rate for each province and territory from 2023 and 2024.

DLIs, provinces and territories cannot carry over unused allocation spaces or PAL/TALs from the previous cap year.

With the coming-into-force of new regulations in November 2024, designated learning institutions (DLIs) are now required to participate in student compliance reporting, as well as the letter of acceptance verification process. Failing to do so could result in a DLI being suspended for a period of up to one year, during which it won’t be able to receive new international students.

Changes to open work permits for family members of temporary residents

Immigration, Refugees and Citizenship Canada (IRCC) has provided details of upcoming changes to open work permit (OWP) eligibility for family members of international students and foreign workers, as part of the broader measures announced in September 2024.

 

Effective 21 January 2025, only spouses of certain international students and foreign workers will be able to apply for a family OWP.

Family OWPs will be limited to spouses of international students who are enrolled in

Family OWPs will also be limited to spouses of foreign workers who are employed in

  • TEER 0 or 1 occupations, or
  • select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities
    • These include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. The full list will be available on 21 January 2025.

In addition, the foreign worker must also have at least 16 months remaining on their work permit at the time when their spouse applies for the OWP. Dependent children of foreign workers will no longer be eligible.

OWPs that were approved under the previous measures and have not expired will remain valid. In situations where students may need more time to complete their program or where family members received a shorter work permit than the principal applicant, in-Canada family members (including spouses and dependent children) can apply to renew their work permit as long as

  • they are applying under the same criteria as the current work permit, and
  • the requested duration of the renewal matches that of the existing study or work permit of the principal applicant

Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be impacted by these changes. Family members who will no longer qualify for a family OWP can apply for any type of work permit they are eligible for under Canada’s work permit programs.

1/10/25

Agri-Food Pilot application cap

Immigration, Refugees and Citizenship Canada (IRCC) has announced that it is now capping the intake for permanent residence applications under the Agri-Food Pilot at 1010 spaces. Applications can be submitted until the pilot expires on 14 May 2025, or until 1010 applications have been received—whichever comes first. This is because, due to high demand, interest in this pilot exceeds the spaces available under the 2025–2027 Immigration Levels Plan.

The Agri-Food Pilot is an economic pilot established under the Immigration and Refugee Protection Act. According to the pilot regulations, it can only run for a maximum of 5 years, and this time period will be reached on 14 May 2025. The pilot cannot be extended beyond this date. Since the launch of the pilot, Canada has welcomed over 4500 agri-food workers and family members. That includes close to 1775 workers and family members last year alone, as of the end of November 2024.

Other programs available to agri-food workers include federal high-skilled programs managed by Express Entry and regional economic immigration programs, such as the Provincial Nominee Program, the Atlantic Immigration Program, and the recently announced Rural and Francophone Community Immigration Pilots.

In the coming years, IRCC will continue processing applications received on or before the pilot’s end date and under the cap, in line with the targets established in the Immigration Levels Plan. 

No new Parents and Grandparents sponsorships in 2025

Immigration, Refugees and Citizenship Canada (IRCC) has announced that, as of 1 January 2025, no new permanent resident visa applications made by parents or grandparents of a sponsor and no sponsorship applications made in relation to those applications will be received for processing, until further Instructions are issued.

Unless a new intake for the 2025 calendar year is implemented, for the 2025 calendar year, the Department of Citizenship and Immigration will only be accepting for processing permanent resident visa applications made by parents or grandparents of a sponsor and sponsorship applications made in relation to those applications that were received in 2024 pursuant to the established conditions.

A maximum of 15,000 sponsorship applications received in 2024 and made in relation to applications for a permanent resident visa, which are made by sponsors’ parents or grandparents under the family class, will be accepted for processing in the 2025 calendar year. They will be processed in the order in which they were received.

1/3/25

Flagpoling no longer permitted

As announced by the Government of Canada as part of Canada’s Border Plan, work and study permits are no longer provided to flagpolers at a port of entry, effective 23 December at 11:59pm ET.

Flagpoling occurs when foreign nationals who hold temporary resident status in Canada, leave Canada and, after a visit to the United States or St. Pierre and Miquelon, re-enter to access immigration services at a port of entry.

Canada Border Services Agency notes that this practice has taken up significant resources at the border, diverting Canadian and American officers away from important enforcement activities and has contributed to wait times for cross-border travellers.

Applications and renewals for work or study permits need to be submitted through Immigration, Refugees and Citizenship Canada (IRCC). Those who attempt to flagpole for a work and study permit will be told to submit their application to IRCC unless they meet limited exemptions, including the following:

  • Citizens and lawful Permanent Residents of the United States of America;
  • Professionals and technicians under free trade agreements with the United States/Mexico, Chile, Panama, Peru, Colombia and South Korea;
  • Spouses or common law partners of professionals and technicians under free trade agreements with Panama, Colombia and South Korea;
  • International truck drivers who hold a work permit, where required to depart Canada for the purpose of their employment and held maintained status as a result of applying for renewal prior to departure; and
  • Individuals who have a pre-existing appointment booked with the CBSA for permit processing.

Changes to Express Entry rules

Immigration, Refugees and Citizenship Canada (IRCC) has announced that, effective spring 2025, Express Entry candidates will no longer receive additional points for having a job offer.

This temporary measure is intended to reduce fraud by removing the incentive to illegally buy or sell labour market impact assessments to improve a candidate’s chances of being selected to come to Canada as a permanent resident.

Once it takes effect, the change will impact candidates pursuing permanent residence through the Express Entry system, including those currently working in Canada temporarily. The changes will not affect candidates who have already been invited to apply or who have an application in progress. Once the change is introduced, it will apply to all candidates with job offers in the pool as well as new candidates entering the pool.

12/27/24

Open work permits for certain permanent residence applicants extended until end 2026

The temporary public policy to exempt applicants under the temporary resident to permanent resident pathway from work permit requirements is extended until 31 December 2026.

Background

  • The Temporary public policy to exempt certain permanent residence applicants from work permit requirements was signed on 4 July 2021, to provide exemptions from certain requirements of the Immigration and Refugee Protection Regulations (IRPR) to facilitate the issuance of open work permits to eligible individuals in Canada. Eligible family members may also apply for an open work permit.
  • The temporary resident to permanent resident pathway closed on 5 November 2021.
  • new public policy came into effect on 6 June 2022 to
    • allow the issuance of open work permits with a longer duration (until 31 December 2024) to avoid the need for renewals; and 
    • expand the eligibility criteria of the open work permit public policy to include eligible family members abroad to help speed up family reunification.

This has now been extended to 31 December 2024.

11/22/24

New International Student Program regulations take effect

On 15 November 2024, Immigration, Refugees and Citizenship Canada (IRCC) confirmed that that new regulations impacting the International Student Program have now taken effect.

The regulations include a new limit to the number of hours international students may work off campus. With this change, eligible students can now work up to 24 hours per week off campus while their classes are in session.

To work off campus without a work permit, international students must be studying full-time in a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, that lasts at least six months and leads to a degree, diploma or certificate. 

International students who are eligible to work off campus may work full-time during breaks in their academic calendar, such as the summer break between school years or the winter break between semesters. 

Furthermore, international students must now apply and be approved for a new study permit before changing learning institutions.

Twice a year, designated learning institutions are expected to submit a report to IRCC that indicates whether each study permit holder associated with their school has remained enrolled. Students who are no longer enrolled can be investigated and face enforcement action, as they may be breaking their study permit conditions.

There will now be consequences for DLIs that fail to submit compliance reports or verify acceptance letters. With this change, a DLI could be suspended from welcoming new international students for up to a year for failing to provide the required information.

Designated learning institutions in Quebec have not, to date, participated in student compliance reporting. It will take Quebec and IRCC some time to set up this reporting system for Quebec DLIs. As such, Quebec DLIs have a grace period before they are required to comply with the compliance reporting requirement.

11/19/24

End of the Student Direct Stream and Nigeria Student Express

On 8 November 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that the Student Direct Stream (SDS) and Nigeria Student Express (NSE) initiatives ended as of that day.

Prospective students are invited to apply through the regular study permit stream, which accepts Guaranteed Investment Certificates as proof of financial support.

Eligible SDS and NSE applications received before 2:00 p.m. ET on November 8, 2024, will be processed under these streams. Study permit applications submitted on or after this time will be processed under the regular study permit stream.

This change will not adversely affect eligibility for those who wish to apply for a study permit from a country where the SDS or NSE initiatives have been offered. All students, regardless of whether they were eligible for the SDS or NSE, are required to meet Canada’s study permit application requirements.

Background

The SDS was launched in 2018 to provide faster processing for eligible post-secondary students. The SDS was eventually opened to legal residents of Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Pakistan, Peru, Philippines, Senegal, St. Vincent and the Grenadines, Trinidad and Tobago, and Vietnam. Prospective university students from Nigeria had a similar process with the NSE.

Upcoming new qualifying conditions for Québec Experience Program

As of 23 November 2024, in order to qualify for the Québec Experience Program, applicants must have completed an eligible program of study in French, i.e., 75% of courses or credits have been completed in French: 

  • Vocational and college training: 75% of program courses must be completed in French,
  • University programs: 75% of program credits must be completed in French.

Theses, Master’s dissertations, internships and research laboratories may be completed in a language other than French. However, the 75% threshold must be met for other courses or credits.

Please note that courses taken abroad, as part of an exchange program for example, count towards the threshold.

Applicants who have not completed the qualifying program of study in French must have completed three years of full-time secondary or post-secondary studies in French in Québec or abroad.

The Programme de l’expérience québécoise (PEQ – Québec experience program) is for foreign students who are a Québec graduate or a temporary foreign worker. It allows qualifying applicants to obtain a Québec selection certificate to settle in Québec permanently.

Note that, from 31 October 2024 until 30 June 2025 at the latest, the government of Québec will not accept any new applications for permanent selection under the “Québec graduate” stream of the PEQ; nor will it accept invitations under the Regular Skilled Worker Program(RSWP) or the Skilled Worker Selection Program (SWSP), which will replace it as of 29 November 2024.

The “Temporary foreign worker” stream of the PEQ is not affected by the suspensions.

Closure of Entrepreneur Stream in Ontario

Following the pause on accepting Entrepreneur Stream applications that took effect on 4 December 2023, the government of Ontario is implementing amendments to the program to wind-down and close the stream.

All Entrepreneur Stream applications currently in process will continue in accordance with the updated regulations. Under the updated regulations, current applicants may be eligible for a nomination for permanent residence based on the commitments they have made to establish their business in Ontario.

The authorities will contact all current applicants to the Entrepreneur Stream, and their authorized representatives, with more information and next steps regarding their applications.

11/8/24

Quebec suspends two permanent residence programmes

On 31 October 2024, the Ministry of Immigration, Francization and Integration of Québec published Québec’s Immigration Plan for 2025.

Under the Plan, Québec intends to admit between 48,500 and 51,500 immigrants under the regular immigration stream, in addition to admissions under the “Québec graduate” stream of the Québec Experience Program.

It also includes two temporary measures, effective 31 October 2024 until 30 June 2025 at the latest, to control the growth of permanent immigration in Québec:

  1. The suspension of intake of applications under the “Québec graduate” stream of the Québec Experience Program

As of 31 October 2024, the government of Québec will not receive any new applications for permanent selection under the “Québec graduate” stream of the Québec Experience Program.

All applications for permanent selection already submitted under this stream of the Québec Experience Program will continue to be reviewed by the MIFI.

Anyone already selected by Québec under this stream can pursue their immigration process leading to permanent residence.

Applications to add family members, including those for dependent children and spouses, are not affected by this suspension. These applications will continue to be received under the “Québec graduate” stream.

The “Temporary foreign worker” stream of the Québec Experience Program is not affected by the suspension of the intake of applications. It is still possible to submit an application for permanent selection under this stream.

  1. The temporary suspension of invitations to submit an application for permanent selection under the Regular Skilled Worker Program (RSWP), and the Skilled Worker Selection Program (SWSP)

The Minister of Immigration, Francization and Integration will not be issuing any invitations to submit an application for permanent selection under the Regular Skilled Worker Program (RSWP) and the Skilled Worker Selection Program (SWSP), which will replace it as of 29 November 2024.

Those invited to submit an application for permanent selection under the RSWP before 31 October 2024 can submit their application within the 60-day timeframe required by this program.

Applications for permanent selection already submitted under the RSWP will continue to be reviewed by the MIFI in accordance with the conditions of this program, including after the SWSP comes into effect.

Applications for job offer validation

The temporary suspension of invitations will not have an impact on the duration of the validity of validated job offers (VJO), which is 18 months.

When the invitations resume, after 30 June 2025 at the latest, anyone holding a VJO can take advantage of it.

The Ministry will continue to receive and process applications for job offer validation for employers who wish to submit them despite the temporary suspension of invitations.

These measures are being put in place in the context of a sharp increase in the number of non-permanent residents and will make it possible to limit the number of admissions of immigrants under permanent immigration programs.

A new pluri-annual planning exercise for the period starting in 2026 will take both temporary immigration and permanent immigration into account. This exercise will take place in spring 2025.

11/4

Plan to reduce immigration announced

On 24 October 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced the 2025-2027 Immigration Levels Plan, which for the first time includes controlled targets for temporary residents, specifically international students and foreign workers, as well as for permanent residents.

According to IRCC, the 2025–2027 Immigration Levels Plan is expected to result in a marginal population decline of 0.2% in both 2025 and 2026, before returning to a population growth of 0.8% in 2027. These forecasts account for today’s announcement of reduced targets across multiple immigration streams over the next two years, as well as expected temporary resident outflows, natural population loss and other factors.

Compared to last year’s plan, the government is:

  • reducing from 500,000 permanent residents to 395,000 in 2025
  • reducing from 500,000 permanent residents to 380,000 in 2026
  • setting a target of 365,000 permanent residents in 2027

The Levels Plan also supports efforts to reduce temporary resident volumes to 5% of Canada’s population by the end of 2026. Given temporary resident reduction measures announced in September and this past year, Canada’s temporary population will decrease over the next few years as significantly more temporary residents will transition to being permanent residents or leave Canada compared to new ones arriving.

Specifically, compared to each previous year, the government expects to see Canada’s temporary population:

  • decline by 445,901 in 2025, and
  • decline by 445,662 in 2026, and then
  • slightly increase by 17,439 in 2027

These reductions are the result of a series of changes over the past year, including a cap on international students and tightened eligibility requirements for temporary foreign workers.

 

Other measures from the 2025–2027 Immigration Levels Plan include the following:

  • Transitioning more temporary residents who are already in Canada as students and workers to permanent residents.
  • Focusing on long-term economic growth and key labour market sectors, such as health and trades. Permanent resident admissions in the economic class will reach 61.7% of total admissions by 2027.
  • Strengthening Francophone communities outside Quebec and supporting their economic prosperity. Of the overall permanent resident admission targets, Francophone immigration will represent:
    • 8.5% in 2025
    • 9.5% in 2026
    • 10% in 2027.

Under the Immigration and Refugee Protection Act (IRPA), the Minister of IRC must table Canada’s Immigration Levels Plan (Levels Plan) in Parliament each year on or before November 1. Since 2017, a rolling three-year Levels Plan has been presented, which projects permanent residents (PR) admissions to Canada. Starting in the fall of 2024, IRCC is expanding the Levels Plan to include targets for both PR admissions and new temporary resident (TR) arrivals.

The Government of Canada has put in place measures to manage the volume of temporary resident arrivals, uphold the integrity of the immigration system and protect vulnerable people, including

10/29/24

Temporary measures to support family reunification of indigenous people

On 21 October 2024, Employment and Social Development Canada (ESDC) announced that, effective 8 November 2024, the starting hourly wage for workers coming into Canada through the high-wage stream will be increased to 20% higher than its current level, which is the median wage in the applicable province or territory of work. This represents an increase to the existing threshold of between CAD 5 and CAD 8 per hour, depending on the province or territory of work.

As a result, a greater number of jobs are expected to be subject to the stricter rules of the low-wage stream, including additional employer requirements related to housing, transportation and recruitment of workers already in Canada. 

ESDC also announced that, starting on 28 October 2024, employers will no longer be able to use attestations from professional accountants or lawyers to prove their business legitimacy. He added that the Temporary Foreign Worker (TFW) Program will further build on existing information sharing agreements with provincial and territorial partners, as well as existing employer registries, to enhance data sharing. These measures will help to ensure that only genuine and legitimate job offers are approved, helping prevent misuse of the program and ensuring stronger worker protection. 

Background

The low-wage stream and high-wage stream are two components of the TFW Program, differentiated by the wage level offered. There are key differences between the streams: 

  • The low-wage stream is for jobs where the wage offered is below the provincial or territorial median hourly wage plus 20%. Under this stream:   
    • employers must provide supports for workers that include return transportation to their country of origin and ensuring or providing suitable accommodation;  
    • employers must conduct at least two additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience and or skill level required for the occupation); 
    • employers are limited to a temporary foreign worker complement of 10% of their workforce at any worksite (up to 20% for certain high-demand sectors); and  
    • the TFW Program will not process LMIA applications for positions in Census Metropolitan Areas (CMA) where the unemployment rate is 6% or higher.
  • The high-wage stream is for jobs where the wage offered is above the provincial or territorial median hourly wage plus 20%. Under this stream: 
    • there is currently no limit on the number of workers an employer can hire; and 
    • CMA unemployment rates are not taken into consideration in LMIA application assessments. 

The changes announced today are forecasted to result in 34,000 positions moving from the high-wage stream to the more stringent rules of the low-wage stream. This shift could result in as many as 20,000 fewer positions being approved through the TFW Program when combined with other policies in effect as of 26 September 2024, including the following:

  • the Government of Canada no longer processes LMIAs in the low-wage stream in CMAs with an unemployment rate of 6% or higher (with some exceptions for high-demand sectors); and
  • employers may hire no more than 10% of their total workforce through the TFW Program (with some exceptions for high-demand sectors).

10/14/24

Eligible, low-risk applicants to continue benefiting from streamlined immigration medical examination requirements

Immigration, Refugees and Citizenship Canada (IRCC) has extended until 5 October 2029 that exempts certain low-risk, in-Canada foreign nationals from needing an additional immigration medical examination (IME) as part of their application.

This measure is aimed at faster processing of applications and improving client service for eligible foreign nationals. In its initial two years, this temporary public policy has benefited more than 286,000 clients.

This exemption applies to foreign nationals who have

  • a new or pending application for permanent or temporary residence or a permanent resident visa made from within Canada;
  • completed an IME within the last five years (which may now be expired) and has posed no risk to public health or safety, or has reported to public health authorities for monitoring, as required.

Applicants who are not eligible under this temporary public policy are required to undergo an IME as per usual health screening procedures. IRCC will contact individuals who are not eligible for the exemption to discuss next steps.

Updated instructions for intra-company transferees work permits

Effective 3 October 2024, the instructions provided by Immigration, Refugees and Citizenship Canada (IRCC) to its staff related to work permits for intra-company transferees have undergone extensive updates.

The changes have been made to the guidance for section R205(a) of the Canadian Interests – Significant Benefit program.

The updates clarify the following:

  • That ICTs must be transferring from a foreign enterprise of an existing multinational corporation (MNC), including guidance on how to assess whether an enterprise meets the criteria of a multinational corporation.
    • When assessing an ICT work permit application, officers must now ensure that the foreign enterprise is that of an existing MNC with revenue generating operations in at least two countries before establishing an enterprise in Canada;
    • An enterprise outside of Canada cannot become an MNC by using the ICT work permit category to establish their first foreign enterprise in Canada;
    • Qualifying relationships do not include business relationships between suppliers or clients;
  • The qualifying criteria for foreign nationals, including:
    • the foreign national’s required work experience and employment with the foreign enterprise to be eligible as an ICT;
    • the location of employment requirements for ICTs;
    • requirements to be met for a foreign national to be eligible to change to a different ICT category when applying for a new work permit;
    • the maximum duration allowed for ICT work permits; and
    • eligibility requirements for ICTs seeking entry to Canada to establish a new qualifying enterprise;
  • Additional guidance on specialized knowledge, including:
    • clarification of the definition of “specialized knowledge”;
    • how to assess whether the applicant possesses specialized knowledge; and
    • clarifying that ICT applications for positions in low-skilled occupations should be reviewed in greater detail to ensure the foreign national does in fact possess (and the position requires) specialized knowledge.

IRCC also states that “the ICT category under the International Mobility Program is not intended as a means to transfer an enterprise’s general work force to affiliated entities in Canada”.

Further details of changes to post-graduation work permit

Immigration, Refugees and Citizenship Canada (IRCC) has provided further details of the previously-announced upcoming changes to the eligibility criteria for the post-graduation work permit (PGWP).

What hasn’t changed

New language requirements

Those who are applying for a PGWP on or after 1 November 2024 must meet the following requirements:

  • Those who graduated from a university bachelor’s degree, master’s degree or doctoral degree program must prove their English or French language skills with a minimum level of Canadian Language Benchmarks (CLB) 7 in English or Niveaux de competence linguistique canadiens (NCLC) 7 in French in all 4 language areas.
  • Those who graduated from any other university program must prove their English or French language skills with a minimum level of CLB 7 in English or NCLC 7 in French in all 4 language areas.
  • Those who graduated from a college program or any other program not listed above must prove heir English or French language skills with a minimum level of CLB 5 in English or NCLC 5 in French in all 4 language areas.

New field of study requirements

Those who submitted their study permit application on or after 1 November 2024 must also meet the following requirements to be eligible to apply for a PGWP:

  • Those who graduated from a university bachelor’s degree, master’s degree or doctoral degree program: All fields of study are eligible. There is no additional field of study requirement.
  • Those who graduated from any other university program must graduate in an eligible field of study.
  • Those who graduated from a college program or any other program not listed above must graduate in an eligible field of study.

 

If the study program has a field of study requirement, the applicant must graduate from a program linked to certain occupations in long-term shortage in these categories:

  • agriculture and agri-food
  • healthcare
  • science, technology, engineering and mathematics (STEM)
  • trade
  • transport

More information on fields of study is available here.

10/7/24

Further changes to Temporary Foreign Worker Program

On 1 October 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that the federal government has reached an agreement with the Government of Yukon to help certain temporary workers in the territory eventually become permanent residents.

This temporary measure will give new work permits to up to 215 temporary workers identified and supported by the Government of Yukon to continue working while they process their permanent residence applications under the Yukon Nominee Program. Eligible individuals have to demonstrate that they meet the criteria and are expected to transition to permanent residence in 2025 and 2026. These skilled workers are filling key job vacancies in Yukon and are actively contributing to Canada’s economy and social diversity.

 

To date, IRCC has worked with Alberta, Manitoba and Yukon to implement this measure in those jurisdictions.

 

 

Expressions of Interest required for new foreign workers in Alberta

 

As of 30 September 2024, candidates must submit a Worker Expression of Interest (EOI) if they are interested in receiving an invitation to apply to one of the Alberta Advantage Immigration Program’s (AAIP’s) worker streams. 

 

There is no fee to submit a Worker EOI.

 

Candidates must self-declare information about themselves through an online Worker EOI form in the AAIP portal. Each Worker EOI will be scored and ranked using the Worker EOI points grid. Candidates who successfully submit a Worker EOI will be placed into the Worker Stream pool to be considered for selection.

 

The AAIP will conduct ongoing draws from the Worker Stream pool for specific worker streams and pathways. The AAIP will select and invite candidates from the Worker Stream pool based on candidate EOI score rankings and provincial labour market needs and priorities, available AAIP nominations, and application levels. Individuals who are selected will receive an invitation to apply by email.

 

It is important to note that while the new system is now available, there is no need to rush to submit a Worker EOI as the AAIP will not conduct draws from the Worker Stream pool until mid or late October 2024.

 

AAIP encourages employers to take the following steps to prepare to submit a Worker EOI:

  • Confirm that they meet eligibility requirements for one or more AAIP worker streams.
  • Review the Worker EOI points gridto understand the type of information AAIP will be collecting in the Worker EOI and how points are awarded.
  • Consider their existing AAIP applications or Entrepreneur EOIs.
    • Employers can only have one Worker EOI.
    • Employers cannot create a Worker EOI if they have an existing Worker EOI or Entrepreneur EOI or a draft or active AAIP application. Existing applications or EOIs must be withdrawn prior to creating a Worker EOI.
  • Make sure they have a valid, basic ca account.

Background

The Alberta Advantage Immigration Program is an economic immigration program that nominates people for permanent residence in Alberta. Nominees must have skills to fill job shortages or be planning to buy or start a business in Alberta. They must also be able to provide for their families.

Those who are nominated through the program may apply for permanent residence status together with their spouse or common-law partner, and dependent children. Immigration, Refugees and Citizenship Canada (IIRC) manages applications for permanent residence. The federal government also makes final decisions on these applications.

The AAIP has four streams for foreign workers and four streams for entrepreneurs

9/20/24

Further restrictions for temporary residents

On 18 August 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced measures to manage the volume of temporary resident arrivals, as part of its plan to decrease the number of temporary residents from 6.5% of Canada’s population to 5% by 2026.

The changes include the following:

There will be a further reduction in the intake cap on international student study permits for 2025 based on a 10% reduction from the 2024 target of 485,000 new study permits issued, and then stabilizing the intake cap for 2026 such that the number of study permits issued remains the same as 2025. For 2025, this means reducing study permits issued to 437,000.

The 2025–2026 study permit intake cap will include master’s and doctoral students who will now have to submit a provincial or territorial attestation letter. IRCC will be reserving approximately 12% of allocation spaces for these students.

As part of changes to the Post-Graduation Work Permit (PGWP) programme, all applicants will be required to demonstrate a minimum language proficiency in French or English. A Canadian Language Benchmark (CLB) level 7 for university graduates and CLB 5 for college graduates will be required for anyone applying for a post-graduation work permit on or after 1 November 2024.

Graduates from programs at public colleges will remain eligible for a Post-Graduation Work Permit (PGWP) of up to three years if they graduate from a field of study linked to occupations in long-term shortage.

Later in 2024, work permit eligibility for spouses of master’s degree students will be limited to only those whose program is at least 16 months in duration;

Also later in 2024, work permit eligibility for spouses of foreign workers will be limited to those in management or professional occupations or in sectors with labour shortages under Canada’s work permit programs (TFWP and IMP).

Background

On 26 August 2024, the government of Canada announced  the following restrictions to the Temporary Foreign Worker (TFW) programme :

 

  • The government will refuse to process Labour Market Impact Assessments (LMIAs) in the Low-Wage stream, applicable in census metropolitan areas with an unemployment rate of 6% or higher. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as construction and healthcare;
  • Employers will be allowed to hire no more than 10% of their total workforce through the TFW Program. This maximum employment percentage will be applied to the Low-Wage stream and is a further reduction from the March 2024 reduction. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as healthcare and construction; and
  • The maximum duration of employment for workers hired through the Low-Wage stream will be reduced to one year (from two years).

New employer-specific work permit under the Innovation Stream

Immigration, Refugees and Citizenship Canada (IRCC) has published details of a new employer-specific work permit under the Innovation Stream of the International Mobility program (IMP). The new wok permit is exempt from the Labour Market Impact Assessment (LMIA) requirement.

Foreign nationals who have received a job offer in a high-skilled occupation from one of the employers participating in the Global Hypergrowth Project (GHP) are eligible to apply for an employer-specific work permit under the Innovation Stream.

High-skilled occupations include jobs in the National Occupational Classification (NOC) Training, Education, Experience and Responsibilities (TEER) categories 0, 1, 2 or 3.

Applicants must also have the required education and experience listed in the employment requirements section of the NOC for the occupation.

The employer must first submit an offer of employment, pay a CAD 230 employer compliance fee and give the worker an offer of employment number.

An employer-specific work permit allows work in Canada according to the conditions on the work permit, such as the name of the specific employer, the duration of work and the work location. The spouse or common-law partner and dependent children of a holder of this work permit are eligible for an open work permit as family members of a high-skilled worker.

9/13/24

New temporary policy to facilitate work permits for prospective Provincial Nominee Program candidates

On 11 August 2024, the Minister of Citizenship and Immigration signed a new temporary public policy, effective immediately until 31 December 2024, with the aim of transitioning a greater portion of current temporary residents to permanent residency.

The policy allows eligible foreign nationals who hold an employment offer, a valid work permit or held a valid work permit which has expired as of 7 May 2024 and a support letter from the province or territory they reside in, outlining their placement in an Expression of Interest pool or other application inventory process following an initial assessment of the candidate by the province/territory, to be issued an open work permit before receiving a nomination from the province or territory.

 

Further details of the eligibility criteria are given here.

9/9/24

Visitors no longer permitted to apply for work permits from within the country

On 28 August 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that it had ended a temporary public policy that allowed visitors to apply for a work permit from within Canada, effective immediately.

IRCC introduced the policy in August 2020 to help visitors who were unable to leave the country due to COVID-19 pandemic–related travel restrictions. Under the policy, visitors in Canada could apply for a work permit without having to leave the country. In addition, foreign nationals who had held a work permit in the previous 12 months but who changed their status in Canada to “visitor” could apply to work legally in Canada while waiting for a decision on their new work permit application.

While the temporary policy was set to expire on 28 February 2025, IRCC is ending the policy as part of its overall efforts to recalibrate the number of temporary residents in Canada and preserve the integrity of the immigration system. IRCC is also aware that some bad actors were using the policy to mislead foreign nationals into working in Canada without authorization.

IRCC will continue to process applications submitted before 28 August 2024 under the policy.

8/30/24

Extended work and study permit measures for Ukrainians in Canada

On 23 August 2024, the Canadian government announced that Ukrainian nationals and their family members who were approved under the Canada–Ukraine authorization for emergency travel, and who arrived in Canada on or before 31 March 2024, can now apply for an open work permit until 31 March 2025.

Under these extended measures, they can apply to get a new open work permit that’s valid for up to 3 years, apply to extend a current open work permit or apply for a new study permit, subject to standard fees.

In addition, all Ukrainian temporary residents and their family members in Canada can access free settlement services until 31 March 2025.

Measures to reduce number of temporary foreign workers

On 26 August 2024, the government of Canada announced that the following changes to the Temporary Foreign Worker (TFW) programme will be implemented, effective by 26 September 2024:

  • The government will refuse to process Labour Market Impact Assessments (LMIAs) in the Low-Wage stream, applicable in census metropolitan areas with an unemployment rate of 6% or higher. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as construction and healthcare;
  • Employers will be allowed to hire no more than 10% of their total workforce through the TFW Program. This maximum employment percentage will be applied to the Low-Wage stream and is a further reduction from the March 2024 reduction. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as healthcare and construction; and
  • The maximum duration of employment for workers hired through the Low-Wage stream will be reduced to one year (from two years).

Within 90 days of this announcement, further review will be undertaken of the Program, which could result in changes to the High-Wage Stream, to existing LMIA applications for which positions have not been filled, to sectoral exceptions, or refusing to process other LMIA applications, including for rural areas.

Background

  • According to the government announcement, the Temporary Foreign Worker (TFW) Program is designed as an extraordinary measure to be used only when qualified Canadians and permanent residents are not able to fill job vacancies.
  • According to the latest data from the Labour Force Survey, the overall unemployment rate has increased to 6.4% following two consecutive monthly increases in May and June. Canada’s unemployment rate increased 0.2 percentage points to 6.4% in June 2024. The unemployment rate trended up since April 2023, rising 1.3 percentage points over the period. In June 2024, there were 1.4 million unemployed people, an increase of 42,000 (+3.1%) from the previous month. 
  • As the labour market has loosened, the Government of Canada began rolling back the pandemic measures aimed at addressing an extraordinary labour shortage. Beginning in October 2023, those adjustments have included gradual reductions to the validity period of Labour Market Impact Assessments (LMIAs) from 18 months to 6 months, as well as to the cap on percentage of temporary foreign workers from 30% to 20%, both necessary steps toward bringing the program back to pre-pandemic levels. 
  • On August 20, 2024, the Government of Canada announced the approval of a proposal by the Government of Quebec for a temporary freeze on the approval of new Temporary Foreign Workers in the low-wage stream in Montreal. Effective September 3rd, 2024, processing of Labour Market Impact Assessment applications will be discontinued for six months for job offers located in the Montreal region with wages below $27.47/hour, which is the current Quebec median hourly wage.

 

 

8/26/24

Temporary freeze of low-wage occupations in Montréal under Temporary Foreign Worker Program

On 20 August 2024, the Canadian government announced the approval of a proposal by the Government of Quebec to temporarily refuse to process new Labour Market Impact Assessment (LMIA) applications for the TFW Program low-wage stream in the Montréal economic region. As a result, processing of these applications will be suspended for six months, starting on 3 September 2024, for job offers located in the Montréal economic region with wages below CAD 27.47/hour, which is the current Quebec median hourly wage.

The economic region of Montréal includes the following municipalities: Baie-d'Urfé; Beaconsfield; Côte-Saint-Luc; Dollard-des-Ormeaux; Dorval; Hampstead; Kirkland; L’Île-Dorval; Montréal; Montréal East; Montréal West; Mount Royal; Pointe-Claire; Sainte-Anne-de-Bellevue; Senneville; and Westmount.

This processing suspension applies to all LMIA applications, including those submitted under the facilitated processing.

There are some exceptions to the processing suspension, including jobs in a place of work located outside the economic region of Montréal; jobs with an offered wage equal to or higher than the current median hourly wage in Quebec (CAD 27.47/hour); and LMIA applications received prior to 3 September 2024. Additionally, employers applying for LMIA positions from certain industry groups in the North American Industry Classification System will also be exempted, including those in agriculture, construction, food processing, education, and health and social services sectors.

The government will closely monitor this policy as it makes determinations about future changes to the Temporary Foreign Worker Program.

New pilot program for French-speaking foreign students

Immigration, Refugees and Citizenship Canada (IRCC) has announced that the new Francophone Minority Communities Student Pilot (FMCSP) program will be launched on 26 August 2024, in partnership with designated French-language and bilingual post-secondary learning institutions (DLIs).

The pilot program is a flagship measure of the Policy on Francophone Immigration announced earlier this year and will benefit francophone minority communities (FMCs) by helping them attract and retain international students.

To improve the approval rate, students and their families will be exempted from having to demonstrate that they will leave Canada at the end of their temporary stay. In addition, the required financial threshold will be adjusted to reflect 75% of the low-income cut-off associated with the municipality where the institution's main campus is located.

The spouses or common-law partners of the principal applicants may also come to Canada under the pilot program and eventually apply for permanent residence.

Pilot program participants will also benefit from a direct pathway from temporary to permanent status after obtaining their diploma, and they will have access to settlement services while they’re studying to help them integrate successfully into their communities.

Although an annual cap for most study permit applications was established on 22 January 2024, the FMCSP is not included in the overall cap. Each participating DLI will be allocated a limited number of acceptance letters that can be issued for the purpose of processing study permits under the pilot program.

The maximum number of study permit applications that Immigration, Refugees and Citizenship Canada (IRCC) will accept under the pilot program is 2300 for the first year. A cap for the second year of the pilot program will be set by August 2025.

7/12/24

Extension of permanent residence programme for out-of-status construction workers in Greater Toronto

The policy making available permanent residence for construction workers (and their family members) in the Greater Toronto Area (GTA) who have fallen out of status has been extended until 31 December 2024 or until 1000 principal applicants (including their accompanying family members) have been granted permanent residence, whichever comes first.

All existing program criteria remain the same. More information about the policy is available here.

7/5/24

British Colombia implements International Credentials Recognition Act

On 1 July 2024,  the International Credentials Recognition Act came into effect in the province of British Colombia.

On 1 January 2025, regulations defining prohibited Canadian work experience and outlining exemptions will come into effect.

On 1 July 2025, the prohibition on requiring Canadian work experience will come into effect.

The act is intended to remove barriers in 29 professions and make it fairer, more transparent and efficient for qualified professionals to pursue and achieve credential recognition, wherever they were trained.

The professions include engineers, social workers, veterinarians, paramedics, early childhood educators, teachers, biologists, land surveyors and architects, among others.

In addition, the province will appoint a new superintendent of international credential recognition to oversee the fair recognition of international credentials, addressing any systemic or procedural issues. They will also have the authority under the act to issue orders for compliance and impose administrative penalties as needed.

6/28/24

Border applications no longer available for post-graduation work permit

On 21 June 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that foreign nationals can no longer apply for a post-graduation work permit (PGWP) at the border, effective immediately. This measure is intended to reduce what is known as “flagpoling.” Flagpoling occurs when temporary residents of Canada bypass the normal wait times involved in applying for a work or study permit online by leaving the country and then immediately re-entering to receive same-day immigration services.

Flagpoling hours were recently reduced at 12 ports of entry across Canada to allow border services officers to efficiently process the large volume of travellers in peak periods and to focus on other key priorities, including high-risk travellers and trade facilitation. Other recent measures to address flagpoling have included

  • speeding up processing times for in-Canada work permit applications;
  • simplifying online application forms and processes so foreign nationals can continue working while they wait for a decision on their new application;
  • authorizing workers to start working for a new employer right away, rather than waiting to have their new work permit application processed before changing jobs.

In most cases, a study permit expires 90 days after the expected completion of an international student’s study program. When an eligible graduating student applies online for a PGWP before their study permit expires, they can work full-time while they wait for approval on a work permit and receive an automated letter that can be shown to employers. When a work permit is approved, it’s mailed directly to them.

6/17/24

New visa application centres opened in Mexico

Canada has opened three new visa application centres (VACs) in Mexico City, Monterrey and Guadalajara, Mexico.

The new VACs will initially provide biometric collection services only, and then we will work to expand the range of services to include transmitting and tracking passports or other documents. In the meantime, applicants can continue to access the full range of services at the existing VAC in Mexico City.

With these new centres, Mexico will have four VACs located in the country’s three largest metropolitan areas.

Applicants can make appointments to give their biometrics at any of the four VAC locations as soon as they receive their biometric instruction letter.

VACs are managed by private companies that have contracts with the Government of Canada. They don’t represent the Government of Canada. They don’t make decisions about applications and can’t provide any visa-related advice to applicants

Updated minimum funds for Express Entry

Immigration, Refugees and Citizenship Canada (IRCC) has posted updated minimum fund requirements for applicants for permanent residence through Express Entry. The numbers are updated annually.

Proof of funds is how applicants demonstrate that they have enough money to settle in Canada. If invited you to apply, applicants must give written proof that they have this money.

Proof of funds is required to meet the minimum requirements of the Federal Skilled Worker Program and the Federal Skilled Trades Program.

Proof of funds is not required for those who are :

  • applying under the Canadian Experience Class; or
  • authorized to work in Canada and have a valid job offer, even if they apply under the Federal Skilled Worker Program or the Federal Skilled Trades Program.

Those who do not require proof of funds must upload either a letter explaining that they have been invited to apply under the Canadian Experience Class, or a valid job offer.

 

The amount of funds required is based on the size of applicant’s family, including the applicant, their spouse or common-law partner and their dependent children (even if the spouse, partner or children are Canadian citizens or permanent residents, and even if they are not accompanying the applicant to Canada.

 

The new amounts are as follows:

 

Number of family members

Funds
(in Canadian dollars)

1

$14,690

2

$18,288

3

$22,483

4

$27,297

5

$30,690

6

$34,917

7

$38,875

Each additional family member

$3,958

 

Further details are available here.

6/7/24

New pilot permanent residence programs for caregivers

On 3 June 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced new, enhanced caregiver pilots. 

The new pilot programs will provide home care workers with permanent residence (PR) on arrival in Canada. They will also be allowed to work for organizations that provide temporary or part­time care for people who are semi-independent or recovering from an injury or illness.

Through these new pilot programs, candidates interested in working in Canada’s home care sector will be eligible to apply if they meet the following criteria:

  • attain a minimum of level 4 based on the Canadian Language Benchmarks (CLB)
  • hold the equivalent of a Canadian high school diploma
  • have recent and relevant work experience
  • receive an offer for a full-time home care job.

More information will be available before the full launch of the pilots, including full eligibility criteria and details on how to apply.

5/31/24

New operating hours for border services

Effective 30 May 2024, Canadian immigration services at the Canada/US border are only available at specified times, rather than 24 hours a day.

Some temporary residents of Canada leave Canada and re-enter within 24 hours to receive immigration services. This practice is known as "flagpoling."

Those who decide to come to a port of entry for immigration services may encounter long queues and their turn may not come before the end of service hours. The Canada Border Services Agency (CBSA) highly recommends using IRCC's online services.

5/10/24

New temporary public policy to benefit Hong Kong permanent residence applicants

Immigration, Refugees and Citizenship Canada (IRCC) has announced that a new public policy will be launched in the coming weeks to let Hong Kong permanent residence pathway applicants extend their status and get a new open work permit in Canada while they wait for a decision on their permanent residence applications

Starting 27 May 2024, open work permits will be available to those who both:

  • applied for permanent residence under Stream A (in-Canada graduates) or Stream B (Canadian work experience) of the temporary public policy for Hong Kong residents in Canada, and
  • held a work or study permit in the three years before their application for permanent residence was received

The new public policy will remain in place for five years so that applicants can extend their temporary status in Canada while the processing of their permanent residence application continues.

Those with temporary status in Canada, or their guardians, are responsible for renewing their status as needed. A foreign national who submits an application to extend their work or study permit in Canada before their current permit expires continues to have legal status until a decision is taken on their extension application. This is called “maintained status”.

If an applicant’s temporary status expired in the 90 days before applying for a new open work permit, they can apply under this public policy and restore their status at the same time. If their temporary status expired more than 90 days before they try to apply for this new open work permit, their application will not be approved.

2024 parents and grandparents intake announced

Immigration, Refugees and Citizenship Canada (IRCC) has announced that, starting 21 May 2024, invitations will be sent to potential sponsors to apply for their parents and grandparents to become permanent residents.

IRCC will send 35,700 invitations over the course of approximately two weeks to those who submitted an interest to sponsor form in 2020. The goal is to accept up to 20,500 complete applications for the 2024 intake.

For those who aren’t invited to apply as a sponsor, their parents and grandparents may be eligible to apply for a super visa which lets them stay in Canada for five years at a time, and to apply for two-year extensions once they are in Canada.

New measure to support skilled temporary workers in Manitoba

Immigration, Refugees and Citizenship Canada (IRCC) has approved Manitoba’s request to extend temporary resident status for potential nominees identified under the province’s Provincial Nominee Program who have work permits that will expire in 2024. These individuals are mainly post-graduation work permit holders who are currently in the Manitoba Skilled Worker Provincial Nominee Program Expression of Interest pool.

This temporary measure will authorize 6700 temporary workers identified and supported by Manitoba to continue working while the province processes their applications for the Provincial Nominee Program. Within two years, it is expected that eligible foreign nationals will receive an official nomination from Manitoba and eventually become permanent residents.

While this measure applies to Manitoba, IRCC is open to exploring options with other provinces and territories to transition a greater portion of current temporary residents to permanent residence and address their labour market needs.

5/6/24

Changes to the Start-up Visa and Self-Employed Persons programs

Immigration, Refugees and Citizenship Canada (IRCC) has announced several changes to Canada’s federal business programs to help reduce processing times and the application backlog. These changes took effect on 30 April 2024.

To improve the Start-up Visa Program, IRCC will encourage designated venture capital firms, angel investor groups and business incubators to focus on the most promising proposals by

  • capping the number of permanent residence applications accepted for processing each year to those associated with no more than 10 start-ups per designated organization;
  • providing priority processing for entrepreneurs whose start-up is supported by Canadian capital or by a business incubator that is a member of Canada’s Tech Network, including applications in the inventory and new applications as they are submitted.

In addition, the Minister announced a full pause on application intake for the Self­-Employed Persons Program to focus on processing applications from the inventory, starting 30 April 2024. The Self-Employed Persons Program provides a pathway to permanent residence for people with notable experience in art, culture, recreation or sports and who will contribute to Canada’s cultural vitality. Due to the high number of applications submitted for this program, processing times have increased to beyond four years. While the pause is in place, IRCC will continue finalizing applications from the backlog while assessing options for reforming the program and ensuring its integrity.

New rules around off-campus work hours for international students

Immigration, Refugees and Citizenship Canada (IRCC) has announced that the temporary policy allowing students to work more than 20 hours per week off campus ended on 30 April 2024 and will not be extended.

In autumn 2024, IRCC intends to change the number of hours students may work off campus per week to 24 hours.

Students who have a scheduled academic break can continue working unlimited hours.

4/19/24

Provincial and territorial allocations announced for national cap on study permit applications

Immigration, Refugees and Citizenship Canada (IRCC) has finalized provincial and territorial allocations for 2024 for the previously announced national cap on study permits.

According to a statement from the Ministry:

The national cap is based on the amount of expiring study permits this year. This means that the number of international students coming to Canada in 2024 should be the same as the number of students whose permits expire this year. For 2024, the target is 485,000 approved study permits.

About 20% of students apply for an extension each year and remain in the country. Therefore, IRCC subtracted that amount (97,000) from the target of 485,000 and set aside a small buffer to allow for other variations, resulting in a revised target of 364,000 approved study permits in 2024.

Accordingly, based on the national approval rate of 60% for study permit applications, the target of 364,000 approved study permits translates into a cap of 606,000 study permit applications received for 2024.

Some international students are exempt from the cap, such as primary and secondary school students and master’s or doctoral degree students. IRCC deducted the estimated volume of these groups (140,000 based on 2023 data) from the 2024 target number of approved study permits. This resulted in a target of 236,000 approved study permits for 2024, which converts to roughly 393,000 study permit applications to be allocated. 

IRCC distributed the adjusted number of study permit applications, 393,000, based on the population share of each province and territory. Under this model, some provinces and territories would get more students in 2024 than in 2023, while others would see fewer new students. 

For provinces that would receive more international students in 2024 than in 2023 based on population share, we adjusted their allocation to limit growth to 10% compared to 2023.

For provinces that would receive fewer international students in 2024 than in 2023, we adjusted their allocation to lessen the negative impact in the first year and support broader regional immigration goals.

IRCC also topped up allocations for provinces whose approval rate was lower than 60%. The top­-ups will help provinces with lower approval rates reach their expected number of approved study permits in 2024. 

As a result, a total of about 552,000 study permit applications have been allocated to provinces and territories under the national cap. These allocations are expected to yield approximately 292,000 approved study permits, representing a 28% reduction from 2023 for the groups included under the cap. 

Many variables may influence the number of new international students who arrive in Canada in 2024, for example

  • provinces and territories with room to grow may not end up using their full allocations
  • approval rates may change
  • in-year adjustments may be required.

4/5/24

Permanent residence fees increase

The Canadian government has given notice that fees for permanent residence will increase on 30 April 2024.

The increase is in line with the cumulative percentage increase in the consumer price index published by Statistics Canada, for the two previous years, rounded to the nearest five dollars. Since 2020, Canada has increased immigration fees every two years.

The increases are as follows:

  • The Right of Permanent Residence fee will increase from CAD 515 to CAD 575;
  • The fees for Federal Skilled Workers, the Provincial Nominee Program, Quebec Skilled Workers, Atlantic Immigration Class and most economic pilots will increase from CAD 850 to CAD 950;
  • The Live-in Caregiver Program and caregivers pilots fee will increase from CAD 570 to CAD 635;
  • The fee for the Business category (federal and Quebec) will increase from CAD 1625 to CAD 1810;
  • The Family reunification fee will increase from CAD 490 to CAD 545;
  • The fees for protected persons, humanitarian and compassionate consideration and public policy will increase from CAD 570 to CAD 635;
  • The permit holders fee will increase from CAD 335 to CAD 375;
  • Fees will also increase for accompanying spouses and common-law partners as well as for dependent children.

3/29/24

Adjustments to the Temporary Foreign Worker Program

Employment and Social Development Canada has announced that some time-limited measures under the TFW Program Workforce Solutions Road Map will not be renewed and will end, earlier than planned, in spring 2024.

Effective 1 May 2024:

  • New Labour Market Impact Assessments (LMIAs) will be valid for six months (a decrease from 12 months) to ensure accurate labour market needs.
  • All employers identified in the 2022 Workforce Solutions Road Map will have a reduction from 30% to 20% of their total workforce that can come in through the Temporary Foreign Worker Program, under the low wage stream, with an exception for the construction and health care sectors.
  • Employers will need to explore every option before applying for an LMIA — including recruiting asylum seekers with valid work permits in Canada.

In addition, as of 1 January 2024, employers are required to annually review the wages of temporary foreign workers to ensure they reflect increases to prevailing wage rates for their given occupation and region of work. Through wage increases, these reviews will ensure that employers continue to pay temporary foreign workers at the prevailing wage level throughout their period of employment. For the vast majority of cases, when wages are reviewed, they are increased for the workers. If not, they remain the same and cannot go down upon review.

The Workforce Solutions Road Map announced in 2022 applied to the following seven sectors: Food Manufacturing (NAICS 311); Wood Product Manufacturing (NAICS 321); Furniture and Related Product Manufacturing (NAICS 337); Accommodation and Food Services (NAICS 72); Construction (NAICS 23); Hospitals (NAICS 622); and Nursing and Residential Care Facilities (NAICS 623).

 

Update on rule changes for certain international students

In January 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that, effective 1 September 1, 2024, international students who begin a study program that is part of a curriculum licensing arrangement will no longer be eligible for a post­graduation work permit upon graduation. This is intended “in order to better align the Post-Graduation Work Permit Program”.

On 22 March 2024, the date of this change was brought forward so that international students who begin a study program on or after 15 May 2024 that is part of a curriculum licensing arrangement will no longer be eligible for a post­graduation work permit upon graduation.

Under curriculum licensing agreements, students physically attend a private college that has been licensed to deliver the curriculum of an associated public college. These programs have seen significant growth in attracting international students in recent years, though they have less oversight than public colleges and they act as a loophole with regards to post-graduation work permit eligibility.

3/22/24

New eligibility requirements for open work permit for spouse or partner of international students

Immigration, Refugees and Citizenship Canada (IRCC) has provided further details of the new eligibility requirements, effective 19 March 2024, for a spouse or common-law partner of an international student wishing to apply for an open work permit.
From that date, a spouse or common-law partner of an international student may be eligible for an open work permit if they student has a valid study permit and is studying in either
•    a master’s or doctoral degree program in a university or polytechnic institution, or
•    one of the following professional degree programs at a university:
o    Doctor of Dental Surgery (DDS, DMD)
o    Bachelor of Law or Juris Doctor (LLB, JD, BCL)
o    Doctor of Medicine (MD)
o    Doctor of Optometry (OD)
o    Pharmacy (PharmD, BS, BSc, BPharm)
o    Doctor of Veterinary Medicine (DVM)
o    Bachelor of Science in Nursing (BScN, BSN, BNSc)
o    Bachelor of Education (B. Ed.)
o    Bachelor of Engineering (B. Eng., BE, BASc)
The spouse or partner must provide one of the following documents to prove the student’s enrolment in a degree-granting program of study:
•    a valid letter of acceptance from the student’s designated learning institution (DLI)
•    a proof of enrolment letter from the DLI
•    transcripts from the current program of study.
IRCC will ask the spouse or partner to provide additional documents, such as proof of their relationship to the student.
If the spouse or common-law partner applied for an open work permit before 19 March 2024, the student must meet the following requirements:
•    They have a valid study permit.
•    They’re eligible for a post-graduation work permit (PGWP).
•    They’re a full-time student at one of these types of schools:
o    a public post-secondary school, such as a college or university, or CEGEP in Quebec
o    a private college-level school in Quebec
o    a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)

3/15/24

New rural and Francophone minority immigration pilots

Immigration, Refugees and Citizenship Canada (IRCC) had announced new pilots for rural and Francophone minority communities, with a view to creating a permanent rural immigration program.

The Rural Community Immigration Pilot will launch in autumn 2024. It aims to ensure that rural communities continue to have the ability to access programs that address labour shortages and help local businesses find the workers they need. It will provide pathways to permanent residence for newcomers who can help to overcome critical labour job shortages and want to live long term in these smaller communities.

The Francophone Community Immigration Pilot, part of the Francophone Immigration Policy and modelled on the success of the Rural and Northern Immigration Pilot (RNIP), will also be launched in autumn 2024. The pilot will focus on increasing the number of French-speaking newcomers settling in Francophone minority communities outside of Quebec.

IRCC will open the community application process this spring to select communities who will participate in the pilots and will share more details in the coming months.

On February 21, 2024, IRCC extended the deadline for current RNIP communities to recommend candidates for permanent residence until 31 July 2024. IRCC also increased the number of candidates that communities can recommend. These changes allow participating communities to take part in the pilot for a longer period and continue meeting their labour needs with skilled candidates.

3/1/24

New entry requirements for Mexican nationals 

Effective 29 February 2024 at 11:30 pm Eastern time, Mexican citizens who hold a valid US non-immigrant visa or have held a Canadian visa in the past 10 years and are travelling by air on a Mexican passport will be able to apply for an electronic travel authorization (eTA).

Those who do not meet these conditions will need to apply for a Canadian visitor visa.

All eTAs issued to Mexican passports before 11:30 pm Eastern time on 29 February 2024, will no longer be valid, except for eTAs linked to Mexican passports with a valid Canadian work or study permit.

Mexican citizens travelling to Canada without a valid work or study permit will need to apply for a visitor visa or reapply for a new eTA—if they are eligible.

Mexican citizens holding a valid work or study permit can still travel by air to Canada with their existing eTA as long as it remains valid, and they can continue to study or work in Canada based on the validity and conditions of their permit. Mexican visitors who are already in Canada on an eTA can stay for as long as they are authorized (up to six months from the date they arrive in Canada). However, if they plan to leave Canada and wish to return, they must have the proper travel documents (visa or new eTA).

Most approved visa applicants receive multiple-entry visas, which allow them to visit Canada as many times as they want, for up to 10 years, or until their passport expires.

The eTA is a digital travel document that most visa-exempt travellers need in order to travel to or transit through Canada by air. IRCC first began expanding its eTA program to eligible citizens from visa-required countries in 2017. Mexico will now be among 15 countries whose citizens can fly to Canada on an eTA, instead of a visa, if they meet certain requirements.

The application process for Mexican citizens seeking a work or study permit will not change.

2/23/24

Post-graduation work permit (PGWP) update

Immigration, Refugees and Citizenship Canada (IRCC) has confirmed that the previously-announced new, longer, three-year post-graduation work permit (PGWP) is now available to those who are graduating from a master’s degree program that is less than two years and who meet all other PGWP eligibility criteria.

The length of PGWPs for programs other than master’s degrees will continue to align with the length of the study program, to a maximum of three years.

Graduates of programs that are at least two years in length at PGWP-eligible designated learning institutions are eligible for a three-year PGWP, as are graduates of master’s degree programs less than two years in length

New visa application centre in Portugal

On 19 February 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced the opening of a new Canada visa application centre (VAC) in Lisbon, Portugal on 26 February 2024. Applicants can make an appointment as of 12 February 2024.

VACs are managed by private companies that have contracts with the Government of Canada. Their primary role is to accept documents required in the visa application process, securely transmit them to IRCC offices and provide biometric collection services. VAC service agents are available by phone, email or in person to answer questions in local languages and to help make sure that applications are complete.

Portuguese citizens visiting Canada for up to six months typically only need an electronic travel authorization. Those who plan to visit or study for longer than six months or to work in Canada are required to apply for a visa and a study or work permit.

With the opening of the Lisbon VAC, applicants in Portugal will no longer need to travel outside of the country. Non-Portuguese citizens living in Portugal who need a visa to come to Canada can also access services at the Lisbon VAC.

 

2/9/24

Ban on foreign ownership of housing extended

The government has announced that its ban on foreign ownership of foreign housing is to be extended for a further two years.

The ban, originally introduced on 1 January 2023, was originally set to expire on 1 January 2025 but will now be extended until 1 January 2027. Foreign commercial enterprises and people who are not Canadian citizens or permanent residents will continue to be prohibited from purchasing residential property in Canada.

2/2/24

Extension of permanent residence programme for out-of-status construction workers in Greater Toronto

The policy making available permanent residence for construction workers (and their family members) in the Greater Toronto Area (GTA) who have fallen out of status has been extended for another six months until 2 July 2024.

All existing program criteria remain the same, including the cap of 1000 principal applicants. More information about the policy is available here.

12/26/23

Upcoming changes to authentication services

Global Affairs Canada recently announced upcoming improvements to its authentication services for documents to be used outside Canada.

Effective 11 January 2024, wen the Apostille Convention comes into force in Canada, a single certificate, called an ‘apostille’, will be issued to authenticate Canadian public documents. This will facilitate their use in more than 120 countries that are members of the convention, eliminating some of the steps currently required to have documents accepted outside Canada.

Public documents such as birth and marriage certificates, education documents and government-issued export and corporate records, as well as notarized documents, can be authenticated with an apostille certificate.

As part of this change, Alberta, British Columbia, Ontario, Quebec and Saskatchewan will be responsible for issuing apostilles for documents issued or notarized in their respective provinces.

Global Affairs Canada will issue apostilles for documents from the remaining provinces, the territories, and the Government of Canada.

More information is available here

12/15/23

International Experience Canada 2024 opens

Immigration, Refugees and Citizenship Canada (IRC) has announced that, effective 11 December 2023, the 2024 season of the International Experience Canada (IEC) Program is open.

The program will allow nearly 90,000 young people from IEC partner countries and territories to travel to Canada to participate. Those interested in applying can submit a profile now.

IEC is a reciprocal program that allows Canadian and international youth aged 18–35 to work and travel in each other’s countries. Canada has established youth mobility partnerships with over 35 countries and territories, and in 2023, signed new arrangements or agreements with Finland, Iceland and Ukraine, and improved existing ones with South Korea and the United Kingdom.

IEC has 3 participation categories:

 

  • Working Holiday participants receive an open work permit that allows them to work anywhere in the host country to support their travels.
  • International Co-op (Internship) participants receive an employer-specific work permit that allows students to gain targeted experience in their field of study.
  • Young Professionals participants receive an employer-specific work permit to gain targeted, professional work experience within their field of study or career path.

Canada and Finland signed a new youth mobility agreement in March 2023. Youth from Finland are expected to be able to participate once the agreement is ratified by both countries sometime in 2024.

Young people will be able to participate in the Canada–Ukraine youth mobility agreement once travel to Ukraine becomes safe

12/8/23

Revised cost-of-living requirement for study permits

On 7 December 2023, Immigration, Refugees and Citizenship Canada (IRC) announced that, starting 1 January 2024, the cost-of-living financial requirement for new study permit applicants will be increased to CAD 20,635.

This threshold will then be adjusted each year when Statistics Canada updates the low-income cut-off (LICO). LICO represents the minimum income necessary to ensure that an individual does not have to spend a greater than average portion of income on necessities. CAD 20,645 represents 75% of LICO.

Applicants must, in addition, have enough to pay for their tuition and travel costs.

The cost-of-living requirement for study permit applicants has not changed since the early 2000s, when it was set at CAD 10,000 for a single applicant.

Update on temporary policies affecting international students

IRCC also provided an update on the following three temporary policies affecting international students that were all set to expire at the end of 2023:

  • The waiver on the 20-hour-per-week limit on the number of hours international students are allowed to work off campus while class is in session will be extended to 30 April 2024. International students already in Canada, as well as applicants who have already submitted an application for a study permit as of 7 December 2023, will be able to work off campus more than 20 hours per week until that time. We continue to examine options for this policy in the future, such as expanding off-campus work hours for international students to 30 hours per week while class is in session.
  • The facilitative measure that has allowed international students to count time spent studying online towards the length of a future post-graduation work permit, as long as it constitutes less than 50% of the program of study, will continue to be in place for students who begin a study program before 1 September 2024. This measure will no longer apply to students who begin a study program on or after that date. Distance learning facilitation measures were first implemented in 2020 in response to travel restrictions during the pandemic, and were reduced in scope in September 2022. At this point, the vast majority of international students are studying in person in Canada.
  • In response to labour market disruptions during the pandemic and post-pandemic recovery, a temporary policy was introduced on three occasions to provide an additional 18-month work permit to post-graduation work permit holders as their initial work permit was expiring. Foreign nationals with a post-graduation work permit expiring up to 31 December 2023, remain eligible to apply. However, this temporary policy will not be extended further.

New global immigration processing centre in Romania

Immigration, Refugees and Citizenship Canada (IRCC) has announced the launch of a new global operations centre in Romania. The new centre is located within the Embassy of Canada in Bucharest and will be supported by 20 new employees, including both Canada-based and locally-engaged staff.

This is IRCC’s second global operations centre outside Canada—the first one opened this past March in the Philippines. These centres complement Canada’s processing network, extend the work day over multiple time zones, and help boost IRCC’s overall processing capacity for the benefit of applicants.

Extended deadline for permanent residence applications

According to Immigration, Refugees and Citizenship Canada (IRCC), some applicants for permanent residence through Express Entry have been unable to submit their applications due to technical problems with the online form. This has affected applicants with dependent children aged over 18 years residing in Canada. The issue has now been resolved.

For those affected, IRCC has extended the deadline to submit a permanent residence application for an additional 60 days.

Those who were invited to apply on

  • 26 September 2023 have until 26 January 2024 to submit their application 
  • 27 September 2023 have until 27 January 2024 to submit their application 
  • 28 September 2023 have until 28 January 2024 to submit their application.

12/1/23

Changes to inadmissibility fees

Effective 1 December 2023, Immigration, Refugees and Citizenship Canada (IRCC) has increased the fees for foreign nationals applying to regain their status or to return to Canada after being inadmissible.

  • Authorisation to return to Canada has increased from CAD 400 to CAD 459.55;
  • Rehabilitation for those inadmissible on the grounds of criminality has increased from CAD 200 to CAD 229.77;
  • Rehabilitation for those inadmissible on the grounds of serious criminality has increased from CAD 1000 to CAD 1148.87;
  • Restoration of status as a visitor, worker or student has increased from CAD 200 to CAD 229.77;
  • Restoration of status as a worker with a new work permit has increased from CAD 355 to CAD 384.77;
  • Restoration of status as a student with a new study permit has increased from CAD 350 to CAD 379.77;
  • A temporary resident permit has increased from CAD 200 to CAD 229.77.

These fees will continue to be adjusted annually for inflation every 1 December.

 

11/3/23

Immigration targets for 2024-2026 published

On 1 November 2023, Immigration, Refugees and Citizenship Canada (IRCC) tabled the 2024-2026 Immigration Levels Plan.

The government is maintaining its target of 485,000 permanent residents for 2024 and plans to reach 500,000 in 2025. Starting in 2026, the government projects that it will stabilize permanent resident levels at 500,000, with the intention of allowing time for successful integration, while continuing to augment Canada’s labour market.

The government also plans to take action over the next year to recalibrate the number of temporary resident admissions to ensure this remains sustainable.

The new Levels Plan also aims for over 60% of permanent resident admissions dedicated to the economic class by 2025, and new Francophone immigration targets to support Francophone communities outside of Quebec.

 

Changes to the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map

The Minister of Employment, Workforce Development and Official Languages has announced changes to the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map. These extended measures will be in place until 30 August 2024 and include:

  • continuing to allow employers in seven sectors with demonstrated labour shortages to hire up to 30% of their workforce through the TFW Program for positions under the provincial or territorial median hourly wage;
  • maintaining the maximum duration of employment for positions under the provincial or territorial median hourly wage at up to two years; and
  • adjusting the Labour Market Impact Assessment (LMIA) validity period from the current 18-month maximum to a maximum of 12-months to better respond to the labour market. 

The seven sectors in which employers can continue to hire up to 30% of their workforce through the TFW Program are the following: Food Manufacturing (NAICS 311); Wood Product Manufacturing (NAICS 321); Furniture and Related Product Manufacturing (NAICS 337); Accommodation and Food Services (NAICS 72); Construction (NAICS 23); Hospitals (NAICS 622); and Nursing and Residential Care Facilities (NAICS 623).

Along with these temporary measures, employers will be required, as of 1 January 2024, to annually review temporary foreign workers’ wages to ensure that they reflect increases to prevailing wage rates for their given occupation and region of work. Through periodic wage increases, these reviews will ensure that employers continue to pay temporary foreign workers at the prevailing wage level throughout their period of employment.

 

Plans for the immigration system published

Immigration, Refugees and Citizenship Canada (IRCC) has released a report setting out a pathway for the future of the country’s immigration system.

An Immigration System for Canada’s Future identifies changes, some of which are already underway, while others are still in development. These include:

  • positioning the immigration system to adapt quickly and to respond equitably and sustainably to growing global humanitarian crises;
  • developing a new Francophone Immigration Policy to enhance the vitality of Francophone minority communities, while maintaining and increasing the demographic weight of French linguistic minority communities in Canada;
  • improving the International Student Program by working with provinces and territories on a Recognized Institutions Framework so that post-secondary institutions with high standards in key areas such as integrity and student supports can benefit from faster processing of study permits;
  • integrating housing, health care and infrastructure planning, along with other important services, into Canada’s immigration levels planning, in close collaboration with provinces, territories and municipalities;
  • building an advisory body of newcomers with experience in immigration to inform program and policy improvements, as well as service delivery;
  • creating a Chief International Talent Officer position to more effectively align immigration programs and pathways with the labour market, including industry and sector strategies;
  • making the IRCC website more user-friendly, so that applicants can easily find the information they need.

11/3/23

The Quebec government has announced that they will be imposing a French language requirement for Work Permit renewals under the Temporary Foreign Worker Program. The workers that will be affected are the employees that have LMIA/CAQ based work permits.

  • This will apply to renewals under LMIA/CAQ for temporary foreign workers who have more than 3 years in Quebec.
  • They will be required to pass a French language test to demonstrate oral knowledge to Level 4.
    • Level 4 is the highest beginner level
    • No written requirement in French
  • Employers using the Temporary Foreign Worker Program will have to support the employee in learning French by allocating time during the normal working hours.
  • Foreign workers in Quebec are eligible for French classes organized by the Quebec government.

There is no confirmation as to when this new policy with be enforced, though it is believed to be in the coming weeks.

This new policy does not apply to LMIA exempt work permits which fall under the Federal jurisdiction. The Quebec government has asked for similar measures to be imposed but there have been no announcements from the Federal Government.

10/20/23

Pilot to streamline work permit applications in the Philippines

Immigration, Refugees and Citizenship Canada (IRCC) has announced the launch of CAN Work Philippines at the Canadian visa office in Manila, a pilot programme allowing eligible Canadian employers to schedule group appointments for medical examinations and biometrics for potential employees.

The pilot is open to Canadian employers recruiting from the Philippines and hiring approximately 50 or more workers, or for critical occupations in sectors such as health care, construction and agri-food.

Filipino nationals are among the top recipients of Canadian work permits. For the first six months of 2023, one in every ten Temporary Foreign Worker Program work permits were issued to Filipino nationals.

On 6 June 2023, Canada announced expanded access to its Electronic Travel Authorization Program to include the Philippines, giving more Filipinos access to visa-free entry to Canada by air.

10/13/23

New permanent residence pathway for migrants from the Americas

As part of its commitment, earlier this year, to welcome 15,000 migrants from the Americas, Canada will welcome up to 11,000 Colombians, Haitians and Venezuelans through a new permanent residence pathway.

Starting this autumn, Colombian, Haitian and Venezuelan nationals located in Central or South America or the Caribbean who have extended family connections in Canada will be eligible to apply for this new pathway. To qualify, the principal applicant must be a child (regardless of age), grandchild, spouse, common-law partners, parent, grandparent or sibling of a Canadian citizen or permanent resident.

Successful applicants will be offered enhanced pre-arrival services, including an employment skills assessment and a referral to a settlement provider organization in their intended community. More detailed information will be available closer to the launch of the new pathway.

10/6/23

No upfront medical exam required for Express Entry

Immigration, Refugees and Citizenship Canada (IRCC), effective 1 October 2023, applicants for permanent residence via Express Entry are no longer required to undergo an immigration medical exam (IME) before submitting their application.

Instead, applicants who have never completed an IME must:

  • upload a blank document in the upload field of the Express Entry Profile Builder when submitting the application, and
  • wait for IRCC to send further instructions on when to get a medical exam.

Applicants who have already completed an IME as part of a previous application (e.g., for work or study) within 5 years before submitting a new application and are currently living in Canada, may not need to complete another IME.

They should provide a copy of the documents (information printout sheet and IMM 1017B Upfront Medical Report form) given to them by the panel physician at their previous IME, or their IME number (or unique medical identifier number) from their previous IME, when they apply online.

If IRCC cannot use the old results, they will send instructions on how to arrange an IME  after the application is submitted.

An IME from a panel physician is a requirement for permanent residence. The applicant’s family members must also have a medical exam, even if they aren’t accompanying the applicant to Canada.

9/29/23

Category-based permanent residence invitations for agriculture and agri-food workers

On 27 September, Immigration, Refugees and Citizenship Canada (IRC) announced the first round of invitations for agriculture and agri-food occupations through category-based selection in Express Entry, due to take place during the week after the announcement.

This follow the  changes to Express Entry through category-based selection announced on 31 May 2023, aimed at addressing labour shortages and supporting economic goals by inviting candidates with specific work experience or French language ability to apply for permanent residence.

Since May 2023, Canada has invited French speakers, STEM professionals, health workers, candidates with trades expertise and transport workers to apply for permanent residency through Express Entry.

9/22/23

Category-based permanent residence invitations for transport workers

On 18 September, Immigration, Refugees and Citizenship Canada (IRC) announced the first round of invitations for transport occupations through category-based selection in Express Entry, due to take place during the week after the announcement.

This follows the changes to Express Entry through category-based selection announced on 31 May 2023, aimed at addressing labour shortages and supporting economic goals by inviting candidates with specific work experience or French language ability to apply for permanent residence.

Since May 2023, Canada has invited French speakers, STEM professionals, health workers and candidates with trades expertise to apply for permanent residency through Express Entry.

9/15/23

Parents and Grandparents Program to re-open

Immigration, Refugees and Citizenship Canada (IRCC) has announced that it will accept up to 15,000 complete applications for sponsorship under the Parents and Grandparents Program in 2023. On October 10, 2023, IRCC will begin sending invitations to apply to 24,200 interested potential sponsors, aiming to receive up to 15,000 complete applications. Invitations will be sent over the course of two weeks.

Due to the number of forms remaining in the pool of submissions from 2020, IRCC will send invitations to apply to randomly selected potential sponsors from that pool instead of opening a new interest to sponsor form. This is the same approach taken for the 2021 and 2022 intakes. Anyone who submitted an interest to sponsor form in 2020, but did not receive an invitation to apply in 2021 or 2022, is encouraged to check the email account they provided in 2020 when they submitted their interest to sponsor form.

Those invited to apply as part of the 2023 intake will continue to use the Permanent Residence Portal or the Representative Permanent Residence Portal, which allow applications to be submitted electronically.

Those who wish to reunite with their parents and grandparents in Canada, but who are not invited this year, may consider having their parents or grandparents apply for a super visa, which is a multiple-entry visa that is valid for up to 10 years. Enhancements to the super visa allow super visa holders to stay in Canada for five years at a time, with the option to extend their visit by up to two years at a time without leaving the country. These changes make it easier for Canadian citizens and permanent residents to reunite with their parents and grandparents in Canada for longer periods.

Close Open Canada/India

10/27/23

Fewer Canadian diplomatic staff in India

Immigration, Refugees and Citizenship Canada (IRCC) has announced that it is reducing its number of employees in India from 27 to five. CC will continue to accept and process applications from India, but reduced staffing levels are expected to impact processing times.

The large majority of applications from India are already processed outside the country, with 89% of India’s applications processed through the global network. The 5 Canada-based IRCC staff who remain in India will focus on work that requires an in-country presence such as urgent processing, visa printing, risk assessment and overseeing key partners.

Clients from India can expect to see some delays over the next few months. This includes delays in overall processing times, responses to enquiries and returning visas or passports.

IRCC noted that this decision follows India’s intent to unilaterally remove immunities for all but 21 Canadian diplomats and dependents in Delhi.

The Ministry of External Affairs of India responded by stating that the much higher number of Canadian diplomats in India, and their continued interference in our internal affairs warrant a parity in mutual diplomatic presence in New Delhi and Ottawa; and by rejecting any attempt to portray the implementation of parity as a violation of international norms.

On 26 October 2023, the High Commission of India in Ottawa, along with the Indian consulates in Toronto and Vancouver, resumed the processing of entry, business, medical and conference visas. All Indian visa services in Canada had been suspended for several weeks.

Close Open China

April 2025 - “High-end foreign talents” in Beijing exempt from tax document requirement

The Beijing Overseas Talent Centre has announced that “high-end foreign talents” (Category A) with an average salary at least six times the previous year's regional average wage for urban employees are exempted from submitting tax documentation when applying for work permit extensions and cancellations. Compliance with this policy will be verified through random inspections conducted by the relevant authorities.

Background

In 2017, China introduced a three-tier grading scheme for foreign talent. Foreign national applicants are placed in Tier A, B, or C by earning the associated number of points under a point scoring system, or by fulfilling a condition that automatically places them in a given tier.

To qualify for tier A, applicants must score at least 85 points; or be employed through a regional talent plan; or meet recognised international standards in their field; or earn over six times the average local salary; or be employed in certain positions; or be demonstrably entrepreneurial; or be a graduate student under 40 years of age with a degree from a high-ranking university.

Jan 2025 - Shanghai introduces special business visa for certain business travellers

The International Services department of the Shanghai government has announced visa facilitation measures for foreign nationals travelling to the city for business.

Eligible foreign business people may apply to the Chinese embassy or a consulate in their home country for a multiple-entry M visa or equivalent issued valid for five years (usually up to one year) with a 180-day stay (usually 30 to 60 days), upon receiving a Special Visa Invitation Letter issued by the Shanghai Municipal Foreign Affairs Office.

Applicants may be exempted from fingerprint collection and may entrust others to apply for the visa, and will only be charged the fee for a one-year multiple-entry visa.

1/13/25

New mutual visa exemption agreement with Solomon Islands

An agreement between the China and the Solomon Islands on the mutual exemption of visas took effect on 28 December 2024.

According to the agreement, citizens holding a valid Chinese ordinary passport or a valid Solomon Islands ordinary passport, entering, leaving or transiting the other country, staying for no more than 30 days per single stay, and staying for no more than 90 days for a cumulative stay of no more than 90 days every 180 days, is exempt from any visa requirement.

Those who need to stay in the other country for more than 30 days, or stay for more than 90 days for a cumulative time every 180 days, or engage in activities such as work, study, settlement, news reporting, etc. in the territory of the other country subject to prior approval by the competent authorities, must apply for a corresponding visa before entering the other country.

Those who cannot leave the country within the visa-free period of stay due to force majeure must apply to the local competent authority for an extension of the period of stay with relevant supporting materials.

12/27/24

Transit visa waiver expanded

The National Immigration Administration (NIA) has announced the expansion of the visa-free transit policy effective 17 December 2024.

Under the updated policy, qualifying travellers transiting through China can stay in the country for up to 240 hours (10 days) up from the previous 72 or 144 hours.

The number of ports that can be used for visa-free transit has also increased by 21, from 39 to 60.

The number of participating provinces has increased by 5 from 19 to 24. The new provinces are Anhui, Hainan, Guizhou, Shanxi (Taiyuan and Datong) and Jiangxi (Nanchang and Jingdezhen). The permitted stay areas of Fujian, Hubei and Shaanxi provinces and of Guangxi Zhuang Autonomous Region have been expanded.

The transit-visa free policy is applicable to nationals of 54 countries who require valid international travel documents and an onward travel ticket with a confirmed date and seat.

12/4/24

Further expansion of unilateral visa free entry policy

Effective 30 November 2024, nationals of Bulgaria, Croatia, Estonia, Japan, Latvia, Malta, Montenegro, North Macedonia and Romania qualify for China’s unilateral visa-free entry programme.

Additionally, China has extended the period of stay under the programme from 15 days to 30 days, and will now include exchange visits as a valid purpose of stay. The updated policy will remain in effect until 31 December 2025.

Since December 2023,  unilateral visa-free entry has also been granted to citizens of Australia, Brunei, Malaysia, New Zealand, South Korea; and Austria, Andorra, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain and Switzerland. 

Trial document-free entry channels at Port of Shenzhen Bay and Gongbei

The Exit and Entry Administration of China has decided to upgrade part of the border inspection fast channels in Shenzhen Bay Port in Shenzhen and Gongbei Port in Zhuhai, Guangdong Province, on a trial basis.

Specifically, individuals traveling frequently to and from Hong Kong and Macao for private purposes can use "document-free" channels.

Effective 20 November 2024, Chinese mainland residents aged 14 or older with valid Exit-Entry Permits for traveling to and from Hong Kong and Macao, and multiple valid stay, family reunion, business, talent or other type of endorsements for traveling to Hong Kong or Macao, and residents of Hong Kong and Macao (including non-Chinese citizens) with valid Mainland Travel Permits for Hong Kong and Macao Residents, can use the "document-free" channels at border inspection areas to enter and exit the Chinese mainland without presenting physical exit-entry documents, provided that they agree to allow the border inspection authorities in charge to collect their facial data, fingerprints and other necessary information for inspection.

Individuals choosing to pass through other inspection channels will still need to present their valid exit-entry documents for border inspection when entering or exiting the Chinese mainland. Chinese mainland residents holding exit-entry documents for public affairs will temporarily not be eligible to take the "document-free" channels and shall take other channels as usual. 

It is important to note that residents of the Chinese mainland are still required to hold exit-entry documents for inspection purposes when entering Hong Kong and Macao, while residents of Hong Kong and Macao are required to go through procedures for stay, residence, transportation and other issues with their exit-entry documents after entering the Chinese mainland. It is therefore required that all individuals hold their valid exit-entry documents when traveling between the Chinese mainland and Hong Kong and Macao, even if they use the “document-free” channels.

Temporary suspension of online work permit system

From 18:00 on 29 November 2024 until 18:00 on 1 December 2024, the work permit application portal will be temporarily suspended during an upgrade to support the integration of the foreigner’s work permit into the social security card.

From 1 December 2024, foreign nationals entering China for work will no longer need to obtain a physical work permit document. Instead, their work permission will be automatically integrated into the Electronic Social Security Card via an app.

11/19/24

China and Solomon Islands sign mutual visa exemption agreement

On 7 November 2024, China and the Solomon Islands signed an agreement on mutual visa exemption. The agreement will take effect once both countries have completed their respective domestic legal procedures.

11/8/24

Visa-free policy extended to further nationalities

On 1 November 2024, China’s Ministry of Foreign Affairs announced that, effective 8 November 2024, China would extend its unilateral visa-free policy to nationals of Andorra, Denmark, Finland, Iceland, Liechtenstein, Monaco, Norway, Slovakia and South Korea.

Holders of ordinary passports from these countries will be eligible for a visa exemption policy when traveling to China for purposes such as business, tourism, visiting relatives or transit for up to 15 days. The policy is valid until 31 December 2025.

Earlier in 2024, similar unilateral visa-free entry was granted to citizens of Australia, Malaysia, New Zealand; and Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Slovenia, Spain and Switzerland. 

11/4/24

Plan to reduce immigration announced

On 29 October 2024, during a meeting with the President of Finland, China’s President Xi announced that China would include Finland in its unilateral visa-free policy.

Although official details have yet to be published, it is likely that holders of ordinary passports from Finland will be eligible for a visa exemption policy when traveling to China for purposes such as business, tourism, visiting relatives or transit for up to 15 days.

Earlier in 2024, similar unilateral visa-free entry was granted to citizens of Australia, Malaysia, New Zealand; and Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Slovenia, Spain and Switzerland. 

10/7/24

Visa-free travel for nationals of Cyprus, Denmark, Greece, Portugal and Slovenia

The Foreign Ministry has announced that China will implement a visa-free policy for citizens of Denmark, as well as for citizens of Cyprus, Greece, Portugal and Slovenia to further facilitate personnel exchanges between China and those countries.

Effective 15 October 2024 to 31 December 2025, holders of ordinary passports from these European countries will be eligible for a visa exemption policy when traveling to China for purposes such as business, tourism, visiting relatives or transit for up to 15 days.

Earlier in 2024, similar unilateral visa-free deals were given to citizens of Australia, Malaysia, New Zealand; and Austria, Belgium, France, Germany, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Spain and Switzerland.

9/13/24

Visa-free entry for Norwegian nationals

On 9 September 2024, at a meeting with the Prime Minister of Norway in Beijing, the President of China announced that, effective immediately, Norwegian nationals will no longer require a visa to enter China for up to 15 days.

China has expanded visa-free entry to a number of other countries since 2023, including Australia, Austria, Belgium, Brunei, France, Germany, Hungary, Ireland, Italy, Luxembourg, Malaysia, Netherlands, New Zealand, Poland, Singapore and Spain.

8/2/24

New 144-hour visa-free policy for Hong Kong and Macau tourist groups in Hainan provinces

Effective 30 July 2024, the National Immigration Administration (NIA) has implemented a new policy allowing foreign tourist groups from Hong Kong and Macao to enter and stay for 144 hours in Hainan province without visas.

From that date, individuals can now visit and stay for up to 144 hours without a visa in Hainan Province for tourism purposes, provided that they will travel to Hainan from Hong Kong or Macao in a tourist group organized by a travel agency that is legally registered in any of the two special administrative regions and consists of at least two persons.

For any foreign national covered by a mutual visa exemption agreement or any other visa exemption policy of China, the relevant provisions shall prevail. The eligible foreign nationals may enter and exit in groups through any of the exit-entry ports set up by the State in Hainan Province, and shall stay within the administrative region of Hainan. The duration of stay for each foreign national is calculated from 0h00 on the day following the day of entry.

7/19/24

Shanghai now issues e-visas

Government media sources have reported that the Exit-Entry Administration Bureau of the Shanghai Public Security Bureau has begun issuing e-visas for tourism, business, talent, work and personal affairs.

An e-visa is valid for a single entry, with an entry validity of 15 days and a period of stay not exceeding 30 days. An e-visa holder can enter China via any of Shanghai's open ports, and can exit via any open port in the country

144-hour transit visa-free policy expanded in Henan and Yunnan provinces

Effective 15 July 2024, the National Immigration Administration (NIA) has expanded China’s 144-hour visa-free transit policy.

The policy is now implemented at the Zhengzhou Airport in Henan Province.   In Yunnan Province, the policy is now implemented at Lijiang Sanyi International Airport and Mohan Railway Port, as well as Kunming Changshui International Airport, and expanded to eight more cities in addition to Kunming, namely Lijiang, Yuxi, Pu'er, Chuxiong, Dali, Xishuangbanna, Honghe and Wenshan.

NIA has now implemented the policy at 37 ports of entry in China.

Citizens of 54 countries who hold valid international travel documents and a connecting ticket with a confirmed date and seat within 144 hours of arrival, are eligible to transit to a third country via one of these ports and remain in the corresponding stay area for no more than 144 hours. During the period of stay, travellers can engage in short-term activities such as tourism, business, visit, family visit, etc. Work, study, journalism and other purposes of travel still need to be approved in advance with a pre-arrival visa application.

7/12/24

Mainland Travel Permits now available for foreign permanent residents of Hong Kong and Taiwan

The government has announced that, effective 10 July 2024, foreign permanent residents of Hong Kong and Macao are eligible to apply for Mainland Travel Permits.

First-time applicants must submit the application in person to China Travel Service (Holdings) Hong Kong Limited or China Travel Service (Macao) Ltd., two companies authorized by the Exit and Entry Administration of China to offer the relevant services.

If a travel permit has expired or been damaged or lost during its holder's stay in the Chinese mainland, an application for replacement or reissuance can be submitted in person to the exit-entry administration of a public security organ at or above the municipal level (in a region with districts) in mainland China; alternatively, the holder can first apply for an exit permit, leave the Chinese mainland, and apply for the replacement or reissuance at China Travel Service (Holdings) Hong Kong Limited or China Travel Service (Macao) Ltd.

A holder of a Mainland Travel Permit for Hong Kong and Macao Residents can enter and exit mainland China multiple times within the five-year validity period of the permit, with each stay period not exceeding 90 days.

According to the regulations, holders of Mainland Travel Permits for Hong Kong and Macao Residents, who have submitted their fingerprints at exit-entry ports and completed other necessary procedures, may use fast lanes to enter and exit mainland China.

Holders are prohibited from working, studying, or participating in activities like news interviews in mainland China. Individuals planning to engage in any of the aforementioned activities must apply for visas or stay/residence permits at the commissioner's offices of the Ministry of Foreign Affairs of the People's Republic of China in Hong Kong and Macao SARs, or the exit-entry administrations of the public security organs in the Chinese mainland in accordance with the relevant laws and regulations.

6/28/24

15-day unilateral visa-free policy for Polish citizens

On 24 June 2024, the Chinese premier announced that China has decided to include Poland in its list of unilateral visa-free countries.  This will allow Polish passport holders to enter China without a visa  for business, tourism, visiting relatives and friends and transit for up to 15 days. China granted a similar visa waiver a week earlier to nationals of Australia and New Zealand. 

6/24/24

Australia and New Zealand added to list of unilateral visa-free countries

The Chinese Premier has announced that that China will include Australia and New Zealand in its list of unilateral visa-free countries. This will allow passport holders of these two countries to enter China without a visa for business, tourism, visiting relatives and friends and transit for up to 15 days.

During Premier Li's recent meeting with Australian Prime Minister Anthony Albanese, the two sides agreed to provide each other with reciprocal access to multi-entry visas of up to three to five years' duration for tourism, business and visiting family members.

5/10/24

Extended vias exemption for 12 countries

The spokesperson of the Chinese Foreign Ministry has announced that it has decided to extend the visa-free policy for short-term visits to China for nationals of 12 countries until 31 December 2025.

The policy applies to nationals of Austria, Belgium, France, Germany, Hungary, Ireland, Italy, Luxembourg, Malaysia, the Netherlands, Spain and Switzerland for stays of up to 15 days for business, tourism, family visits and transit.

New measures to facilitate movement between mainland China, Macau and Hong Kong

Effective 6 May 2024, the National Immigration Administration (NIA) has announced the implementation of six new measures and policies to facilitate the movement of citizens and businesspeople.

The measures include:

  • New online processing of applications for the renewal and replacement of entry certificates in any of 20 mainland cities;
  • Submission anywhere in China of applications for business visit endorsement for mainland residents going to Hong Kong and Macau, regardless of the applicant’s place of household registration or residence;
  • Extension of the period of stay in Hong Kong and Macao for holders of business endorsements from 7 days to 14 days;
  • Expansion to Beijing and Shanghai of applications for exit endorsement for talents in six categories;
  • Visas for over one year for mainland residents who go to Macao to participate in exhibitions, seek medical treatment or engage in performing arts and other activities;
  • Facilitation of excursions from the mainland to Macau and Hong Kong.

The talent exit endorsement has been implemented in the mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) on a pilot basis since 20 February 2023. Under the new measure, apart from the expansion of application to Beijing and Shanghai, other existing arrangements of the talent exit endorsement remain unchanged. The six categories of talents (i.e. outstanding talents, scientific research talents, education talents, healthcare talents, legal talents and other talents) who meet the eligibility criteria can apply to the mainland authorities for a talent exit endorsement with a validity period of five years, three years or one year. They can travel to and from Hong Kong or Macau multiple times within the validity period of the exit endorsement and stay in Hong Kong for a duration not exceeding 30 days during each visit.

3/8/24

Unilateral visa-free policy extended to six more countries

The Chinese government has announced the extension of its unilateral visa-free policy to Austria, Belgium, Hungary, Ireland, Luxembourg and Switzerland. Effective 14 March 2024 to 30 November 2024, nationals of these countries holding ordinary passports will be permitted to enter China for up to 15 days for business, tourism, family visits or transit.

In November 2023, China introduced a unilateral visa waiver for nationals of France, Germany, Italy, the Netherlands, Spain and Malaysia.

China also recently signed a mutual visa waiver agreement with Thailand, effective 1 March 2024.

2/9/24

Rules for entry to Hainan Province loosened for some nationalities

On 9 February 2024, the National Immigration Administration (NIA) announced that, effective immediately, nationals of certain countries can enter Hainan Province visa free for up to 30 days for purposes including commercial activities and trade, visit and exchange, and family reunions, receiving medical treatment, attending exhibitions and taking part in sporting events, excluding long-term work and study.

The eligible countries are as follows:

  • Albania, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Indonesia, Ireland, Italy, Japan, Kazakhstan, South Korea, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Monaco, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, the Philippines, Poland, Portugal, Qatar, Romania, Russia, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United States, United Kingdom, Ukraine

Foreign nationals who need to enter Hainan for the aforementioned purposes can enter through any open port in the province and remain in the province's administrative area during their stay period (subject to the relevant provisions of any mutual visa exemption agreement, if applicable).

Each entry period is calculated from 00:00 on the day following the day of entry.

1/5/24

Simplified tourist visa requirements for US nationals

Effective 1 January 2024, tourist visa applicants within the United States will no longer be required to submit proof of a round-trip air ticket booking, proof of a hotel reservation, an itinerary or an invitation letter.

12/15/23

On 8 December 2023, the Ministry of foreign Affairs published a notice on the temporary reduction of visa fees. From 11 December 2023 to 31 December 2024, visa fees will be reduced by 25%.

China’s consulates in the United States, for example, have reduced the fee for US citizens to USD 140 (from USD 185) for single, double and multiple-entry visas.

11/27/23

Visa-free pilot

The foreign ministry has announced a unilateral visa waiver for nationals of France, Germany, Italy, Malaysia, the Netherlands or Spain entering China for up to 15 days for business, tourism, family visits or transit. The visa-free policy is effective 1 December 2023 until 30 November 2024.

Expansion visa-free transit policy

Effective 17 November 2023, China has extended its 72/144-hour transit visa-free policies to visitors from Norway, increasing the number of countries covered by the policies to 54.

The updated list below of eligible countries is as follows:

  • Europe: Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Montenegro, the Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Ukraine;
  • The Americas: Argentina, Brazil, Canada, Chile, Mexico, and the United States;
  • Oceania: Australia and New Zealand;
  • Asia: Brunei, Japan, the Republic of Korea, Qatar, Singapore, and the United Arab Emirates.

European Union

The Council of the EU has agreed its negotiating mandate for updating the EU Long-Term Residents Directive.

This directive, from 2003, sets out the conditions under which third-country nationals can acquire EU long-term resident status. In order to acquire EU long-term resident status, third-country nationals have to legally and continuously reside in a member state for at least five years. This EU status exists alongside national long-term resident schemes.

On the basis of this agreed negotiation mandate, the Council can enter into interinstitutional talks with the European Parliament to conclude a final legal text.

 

Acquiring long-term resident status

The Council has agreed that third-country nationals can cumulate residence periods of up to two years in other member states in order to meet the requirements of the five-year residence period. However, in the event of an applicant having resided in another member state, the Council has decided to accept only certain types of legal residence permits, such as holders of EU Blue Cards or residence permits issued for the purpose of highly qualified employment.

Certain conditions will apply in order for applicants to be able to acquire long-term resident status. For instance, third-country applicants must provide evidence of stable and regular resources that are sufficient to maintain themselves and the members of their family, as well as sickness insurance. Member states may also require third-country nationals to comply with integration conditions.

Long-term resident status is permanent. However, it can be withdrawn in certain cases, for instance when a person has not had their main residence in the EU for a certain period of time.

Intra-EU mobility rights

Unlike national residence systems, EU long-term resident status grants status holders the possibility to move and reside in other EU countries, for instance for work or studies. This right to intra-EU mobility is not automatic but is subject to a number of conditions. Such a condition is that member states may assess the situation of their national labour markets in case an EU long-term resident moves to their country from another EU member state for work.

Equal treatment with EU nationals

EU long-term residents enjoy the same treatment as nationals with regard to access to employment and self-employment, education and vocational training and tax benefits, for example. There are a number of conditions, such as the requirement that holders of a residence permit live within the territory of the member state concerned.

10/27/23

Relaxed visa policy for Macau residents

Effective 25 October 2023, foreign national residents of Macau can apply for multiple-entry visas for mainland China with extended validity.

According to the Commissioner’s Office of the Ministry of Foreign Affairs in Macau SAR:

  • Foreign permanent residents of Macao can apply for multiple-entry visas valid for up to five years;
  • Foreign non-permanent residents of Macao can apply for multiple-entry visas valid for up to two years;
  • Foreign professional employees can apply for multiple-entry visas valid for up to one year.
  • Foreign non-professional employees and domestic helpers can apply for multiple-entry visas valid for up to six months.

9/22/23

Simplified visa form

Effective 20 September 2023, the Ministry of Foreign Affairs has optimized the visa application form, reducing the amount of information required.

For example, the applicant must now include their travel history from only the last year, rather than five years; and only their highest educational qualifications need to be included.

Expanded online visa services

The National Immigration Administration (NIA) has announced that, effective 9 October 2023, new online immigration services will be available.

The new services will include online booking for appointments for individual applications, including for visa reissuance, extension and renewal and for stay and residence permits. Applicants will also be able to check the status of their applications online. They can also make enquiries about requirements and application procedures for visas, permits, Foreign Permanent Resident ID Cards and passports and about exit-entry administration service centres.

New Foreign Permanent Resident ID Card

The National Immigration Administration (NIA) has announced that a new version of the Foreign Permanent Resident ID Card will be issued effective 1 December 2023.

The current version of the card will remain valid within its expiration date.

The Foreign Permanent Resident ID Card is a legal identity document issued by NIA to qualifying foreigners whose permanent residence applications have been approved. It can be used as a personal identity document in accommodation registration, paying for train, ship or airline tickets and other occasions that require personal identification, instead of a passport.

 

Close Open China/Thailand

2/2/24

Mutual visa exemption agreement

On 28 January 2024, the governments of China and Thailand signed an agreement on mutual visa exemption.

The agreement, which will enter into force on 1 March 2024, allows ordinary passport holders from each country to enter the other country for a stay of up to 30 days for tourism, business or family visit (with a maximum cumulative stay of 90 days in 180 days).

In January 2024, China also announced unilateral visa waivers for nationals of Ireland and Switzerland; and in November 2023, China allowed citizens from France, Germany, Italy, the Netherlands, Spain and Malaysia to enter the country without a visa for a trial period until November 2024.

Close Open Colombia

10/15/24

Deadline extended for conversion of permanent residence visas

The Ministry of Foreign Affairs has extended the deadline for the transfer of the Permanent Residence Visa until 31 October 2026.

Foreign nationals holding a Permanent Residence (“R”) Visa issued before 22 October 2022 must exchange their existing R Visa for a new one in line with the 2022 immigration law.

Users who must carry out the Permanent Resident visa transfer process must:

  • Comply with the general visa application requirements;
  • Provide a copy of the visa you want to transfer and the corresponding immigration card;
  • Provide a certificate of migratory movements issued by the Special Administrative Unit Migration Colombia;
  • Provide a document that accredits the activity carried out by the foreigner in the country;
  • Provide a letter stating the reason for the transfer.

In the case of those holders of residence visas issued before the year 2000 who declare that they cannot provide the original visa document, the applicant can provide an affidavit during the transfer process in which they justify the reasons why it is not possible to present it. Likewise, they must provide an extended certificate of migratory movements valid for the year in which the visa was issued, and the last immigration card issued during their stay in Colombia.

Close Open Costa Rica

9/15/23

Longer stays for certain nationalities

Effective 8 September 2023, a new law has increased the maximum stay period for nationals in the 60 countries in “Group One” from 90 days to 180 days.

Group One countries include Australia, Canada, Israel, Japan, Singapore, South Africa, United Kingdom, United States, most European countries and several South and Central American countries.

The 30-day stay for nationals of countries in groups two, three and four remains unchanged.

The new law has not changed the 90-day maximum period for using a foreign driving licence in Costa Rica.

Close Open Croatia

April 2025 - Major changes to immigration rules

On 15 March 2025, significant and wide-ranging amendments to the Law on Foreigners took effect. 

The key changes are as follows.

EU Blue Card

•    The EU Blue Card  is now valid for 48 months, up from 24 months previously. If the employment contract is shorter, the card will be issued for the contract duration plus three months, but never exceeding 48 months.  The Blue Card cannot be issued for longer than the validity the holder’s passport.
•    Moreover, EU Blue Card applicants who are employed as directors or specialists in information and communication technologies are now entitled to demonstrate higher professional skills through professional experience, in addition to higher education qualifications.

Temporary residence for returning Croatians

•    Temporary residence can now be granted to third-country nationals who are Croatian emigrants, their family members, descendants, or family members of descendants. 
•    Applicants under this category do not need to provide proof of financial support or health insurance when applying for temporary residence.
•    Those granted temporary residence for diaspora return have the right to employment, self-employment, participation in educational programs and vocational training without needing a work permit or work registration.

Employer Guarantee Requirement for Work Permits

•    Employers must pay a sum equal to one average monthly gross salary, based on the latest official statistical data, into the state budget if the worker fails to start working as specified in the contract or if the contract is terminated within three months, unless due to the worker’s misconduct.
•    To secure the payment, employers must issue a bond to the Ministry of the Interior for the equivalent amount, within five days of receiving the necessary confirmation.
•    The paid amount will be used for the repatriation of third-country nationals who are unlawfully residing in Croatia.
•    Employers or third-country nationals must notify the police within five working days if an employment contract ends or if the conditions for the residence and work permit no longer apply.

Enhanced Conditions for Work Permits Based on Croatian Employment Service Opinion

Additional conditions have been imposed on work permits based on the opinion of the Croatian Employment Service. These conditions include:

•    Employers must ensure that employment contracts for foreign workers meet specific criteria.
•    The employer's business activities over the last six months must align with the regulations.
•    Employers must demonstrate a sufficient number of employees who are citizens of Croatia, or citizens of an EEA member state or the Swiss Confederation.

Ensuring Foreign Workers Are Qualified for Shortage Occupations

Employers must prove that foreign workers have the necessary qualifications for shortage occupations, ensuring they are well-suited for their roles in the Croatian labour market.

•    Foreign workers can change occupations within the same employer if the new job is in a shortage occupation, and the contract lasts until the permit expires.
•    Employers must submit a request to change the occupation within three days of signing the new employment contract, along with required documentation.
•    The Croatian Employment Service will issue an opinion within five days to confirm the worker meets the qualifications for the new occupation.
•    Workers can begin the new job once the positive opinion is received, and their work permit remains valid until it expires.
•    If the opinion is negative, the worker must continue in the original occupation.

Limitation on Work Permit Requests

•    Employers can submit a maximum of 50 applications if they employ up to 50 Croatian/EEA/Swiss workers, or up to 250 applications if they employ between 51-250 such workers.
•    Exceeding the allowed number of applications will result in the Croatian Employment Service not issuing a positive opinion, which is necessary for permit approval.

Easier Job and Employer Transitions for Foreign Workers

•    Foreign workers can change their employer or job role before one year of work or within their work permit validity by submitting an application.
•    If submitted within the allowed unemployment period, the worker can stay in Croatia until a decision is made on the application.
•    Foreign workers can change roles within the same employer if the new job is listed in the relevant decision, without needing to apply for a new work permit.
•    After one year with the same employer, foreign workers can switch employers for the same role with the employer submitting the request.
•    Foreign workers with full-time employment can take on additional work with another employer under specific conditions, including labour market testing and approval from the Croatian Employment Service.

Extended Employer Accommodation Requirements

•    Employers must provide appropriate accommodation for third-country nationals applying for residence and work permits based on labour market opinions from the Croatian Employment Service (HZZ).
•    The accommodation must meet living standards for the entire stay. Employers must notify authorities about any accommodation changes within 8 days.
•    Rent must be reasonable compared to the worker's income and the accommodation's quality. Rent cannot be automatically deducted from the worker’s salary. Employers must provide a rental agreement outlining clear conditions.
•    The accommodation must meet health and safety regulations in Croatia.
•    Interior Minister, with consent from relevant ministers, will set technical requirements for appropriate accommodation, rental payments, and documentation needed to prove compliance.

Stricter Penalties for Violating Foreigners Act Provisions

The Croatian government has also introduced new misdemeanours and tighter penalties in relation to the updated provisions of the Foreigners Act. 

[This information was confirmed by the specialists at Intermark Relocation.]

Close Open Cyprus

12/8/23

Changes to citizenships rulesOn 30 November 2023, the parliament passed amendments to the Civil Registry Law designed to encourage highly skilled workers to apply for citizenship in Cyprus.

Highly qualified employees of foreign companies who have level A2 Greek language knowledge can apply for citizenship after residing for five years in Cyprus. Those with level B1 Greek language can apply after four years of residence. Periods of absence of up to 90 days per year are not deducted from the total period of stay.

The spouse or civil partner of the main applicant can also apply for citizenship under the same conditions.

These applications will be examined under a fast-track procedure within eight months for an additional fee.

Further guidance and implementing regulations are expected to be provided by the government.

Close Open Czechia

6/17/24

Free access to the labour market for certain nationalities

On 1 July 2024, a government regulation will enter into force, introducing free entry to the Czech labour market for citizens of the following nine countries: Australia, Canada, Israel, Japan, New Zealand, Singapore, South Korea, United Kingdom, United States.

Citizens of these countries who wish to be employed in Czechia are no longer required to obtain a work permit, but only a residence permit. Employers of citizens of selected countries are no longer required to notify the Labour Office of vacancies for the purpose of including vacancies in the central register of vacancies.

Those planning to work in Czechia for up to three months must obtain a Schengen visa for employment purposes. Visa-free entry does not permit work. If the work period is extended beyond three months, the visa holder must exit Czechia and apply for a long-term residence permit at a Czech embassy abroad.

Those planning to work in Czechia for more than three months must apply for a so-called non-dual employee card at any Czech embassy. This type of employment card can be issued for a job that the employer has not reported to the Labour Office and is not included in the central register of vacant jobs that can be filled by holders of the employment card. The cardholder is then entitled to change jobs freely (and additionally notify the Ministry of the Interior of the change within three days).

A highly qualified foreign national can apply for a blue card, which includes benefits for the purposes of mobility within the EU, family reunification or social security. However, this card can only be issued for a vacancy announced to the Labour Office and included in the relevant central records, and the rules for its issuance therefore do not change for citizens of the selected countries with free access to the labour market.

A citizen of an eligible country who is to be temporarily transferred to Czechia as a manager, specialist or graduate-intern within the framework of a multinational business corporation for a period longer than three months should apply for an intra-company transfer employee card.

Free access to the labour market, without a work permit, will also apply to eligible foreign nationals who are sent by their foreign employer to a Czech client to perform work on the basis of a contract. The same approach will be applied in the case of eligible foreign nationals who have so far been able to enter the Czech labour market within the framework of closed memoranda and work leave programs, but who nevertheless had to apply for a work permit for this purpose.

9/22/23

Updated medical insurance requirements

Effective 20 September 2023, foreign national applicants for a long-term visa or stay are permitted to arrange comprehensive travel and medical insurance with any insurance provider authorised in Czechia. Previously, insurance could only be obtained from Pojišťovna VZP.

Moreover, the contracted limit for one insured accident must now be at least EUR 400,000, rather than EUR 60,000 as previously.

Close Open Denmark

April 2025 - New supplier for residence cards, visa stickers and laissez-passer

From 1 April 2025, the Danish Agency for International Recruitment and Integration (SIRI) and the Immigration Service will use a new supplier of residence cards and visa stickers and for the distribution of laissez-passer. The residence cards, visa stickers and laissez-passer that have been issued before 1 April 2025 will continue to be valid during the period of time that is stated on the documents.

The Danish Agency for International Recruitment and Integration (SIRI), the Immigration Service and the Ministry of Foreign Affairs have entered into an agreement with exceet Card Group who will take over as the new supplier of residence cards, visa stickers and the distribution of laissez-passer. The new residence cards have an updated design with improved safety features while the sizes of the cards remain the same.

Residence cards, visa stickers or a laissez-passers that have been issued before 1 April 2025 will continue to be valid until expiry, or until the required conditions are no longer met. Card holders must continue to carry their residence card with them at all times during their stay in Denmark, as proof of their right to residence.

The transition from the old supplier to the new supplier will not affect the processing time of any cases, nor the production time of the documents.

March 2025 - New system for digital applications

The Danish Immigration Service and the Danish Agency for International Recruitment and Integration (SIRI) have announced that they are moving all digital application forms and invitation forms to a new IT system on newtodenmark.dk. Users can still complete their digital application or invitation in the old system.

The switch to the new system on newtodenmark.dk will take place gradually over the next three to four months. The authorities will move the digital application forms and invitation forms one by one.

When an applicant starts a new application or visa invitation, they should follow the instructions on the relevant application page on newtodenmark.dk. 

Those who have already started filling out an application or visa invitation in the old system, can continue to fill out and submit the application or invitation in the old system for a period of time, following the instructions on the relevant application page on newtodenmark.dk and in the digital form.

The digital forms look different in the new system and they will work in a slightly different way. In the new system, applicants can log in and view their submitted digital application or visa invitation for up to 30 days after it has been submitted.

Another change is that for the two-part applications, employers or agents only need to provide the applicant's email address to give them access to part two, and will thus no longer need to send the reference number and password to the applicant.

March 2025 - Authorities publish updated income statistics applicable from 1 April 2025.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.  

The new income statistics contain information from the fourth quarter of 2024 and will take effect for applications submitted from 1 April 2025. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 July 2025. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement.

SIRI will assess whether the salary corresponds to Danish standards when the employer is a member of an employers' organisation, but the employment relationship is not covered by a collective agreement. If the salary is just above the regular pay limit, SIRI will generally assume that the salary corresponds to Danish standards.

In cases where the employment relationship is not covered by a collective agreement and the employer is not a member of an employers' organisation, SIRI will assess whether the salary corresponds to Danish standards up to approximately DKK 71,000, using the income statistics from the DA as a guideline.

Feb 2025 - New Working Holiday quota period for citizens of Chile and Argentina

On 1 March 2025, a new quota period for Working Holiday residence permits for citizens of Chile and Argentina begins. Working Holiday for citizens of Chile and Argentina is covered by a quota of 150 residence permits annually.

A quota year runs from March of a given year to February of the following year.

From March to August (the first quota period) SIRI can grant residence permits corresponding to half of the annual quota (up to 75), and from September to February (the second quota period) SIRI can grant a maximum of the remaining part of the quota (up to 150). Permits will be granted on a first-come, first-served basis.

Once the quota of 75 Working Holiday residence permits for both Chilean and Argentinian citizens has been used up, no more residence permits can be granted until 1 September 2025, when the next quota period begins.

Once 75 Working Holiday residence permits have been issued to both Chilean and Argentinian citizens, any remaining applications will be rejected and the processing fee to SIRI will be refunded. Applicants should be aware that any fee paid to VFS or the representation in Chile will not be refunded if the application is rejected.

 

As the quota period this year opens on Saturday 1 March 2025, applicants should be aware that VFS Santiago, Chile opens for appointments via their online booking system Monday 3 March 20259 AM (UTC -4). VFS Buenos Aires, Argentina opens for appointments via their online booking system on Wednesday 5 March 202 at 9 AM (UTC -3), as 3 and 4 March 2025 are public holidays.

Fees charged for residence cards under EU Association Agreement with Turkey can be refunded

The Danish Agency for International Recruitment and Integration (SIRI) and the Danish Immigration Service have notified interested parties that they have adjusted their practice so that no fee is charged for issuing replacement residence cards to economically active Turkish nationals covered by the Association Agreement framework and their family members.

This follows the decision of the Ministry of Immigration and Integration, communicated to these agencies on 4 April 2024, that fees cannot be charged for issuing replacement residence cards to economically active Turkish nationals covered by the EU Association Agreement with Türkiye and their family members, as this is considered to be contrary to Denmark’s obligations under EU law.

In cases where a fee has been paid for issuing a replacement residence card before the adjusted practice took effect, the applicant may be entitled to a refund. This applies to cases where the fee was charged between 4 April 2021 and 4 April 2024. Cases before 4 April 2021 are not eligible for a refund due to the limitation period.

Those who may be entitled to a refund of a fee paid for a replacement residence card can submit a request to have the case reopened by the Danish Immigration Service or SIRI.

Applications processed by the Danish Immigration Service

If the application for a replacement residence card case was processed by the Danish Immigration Service, those who wish to request a reopening of their case must submit the following information:

  • The personal ID;
  • The case number from your original application;
  • Documentation proving that they were economically active at the time of applying for the replacement residence card, such as for example payslips.

Applications processed by SIRI

If the application for a replacement residence card was processed by SIRI, those who wish to request a reopening of their case must submit the following information:

  • The personal ID;
  • The case number from your original application.

Those who do not hold a residence permit based on a work scheme or as an accompanying family member under a work scheme must provide documentation proving that they were economically active at the time of applying for the replacement residence card. To expedite case processing, they may submit such documentation, for example in the form of payslips.

New wage statistics for the Positive List for skilled work

The Danish Agency for International Recruitment and Integration (SIRI) has published updated wage statistics that apply to the Positive List for skilled work from 20 February 2025.

When SIRI assesses applications on the Positive List for skilled work, it uses special wage statistics compiled by Statistics Denmark to assess whether an offered wage corresponds to Danish standards.

This means that all applications on the Positive List for skilled work submitted on or after 20 February 2025 will be assessed based on the new wage statistics

Applications submitted before 20 February 2025 will be assessed according to the previous wage statistics.

1/10/25

New rates for au pairs

New rates for monthly allowance and for the amount to help finance Danish language classes, came into effect on 1 January 2025

The new rate for the monthly allowance (pocket money) is DKK 5000, and the new rate for the amount that helps finance Danish language classes is DKK 20,000.

The new rates apply to au pair applications that are submitted 1 January 2025 and onwards. The application’s submission date determines what rate applies to your application. The submission date is the date when the application has been:

  • received at a diplomatic mission or at a visa application centre
  • received at one of SIRI’s branch offices
  • received by SIRI as physical mail or via SIRI’s contact form
  • submitted by using the online application form AU1.

This means that the submission date is not dependent on when the applicant begins to fill out the application form or when the application is signed by the applicant. For instance, if the application process begins in December 2024, but the application itself is not submitted until January 2025, it is the rates for 2025 that apply to the application. 

The rates will be updated on the application page on 1 January 2025.

1/3/25

Positive Lists updated

The Danish Agency for International Recruitment and Integration (SIRI) has updated the Positive Lists for people with a higher education and for skilled work. The new lists are applicable from 1 January 20254. 

The Positive Lists are lists of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme.

The new Positive List for People with a Higher Education includes 162 job titles, while the Positive List for Skilled Work includes 48.

In the current update, more positions have been added to the Positive List for People with a Higher Education. This is partly due to slightly more positions where there is a labour shortage, and partly because the positions on the list with effect from 1 April 2023 are on the list for at least 2 years at a time.

The Positive List for Skilled Work has fewer positions as fewer positions where there is a labour shortage have been registered.

New residence permit fees

The Danish Agency for International Recruitment and Integration (SIRI) has reduced its fees for processing applications for residence permits.

The new fees are as follows. The amounts are in Danish kroner (DKK).

New fees

2024

2025

Work cases
Study cases
Au pairs and interns
Accompanying family

6,290
2,490
4,740
2,880

6,055
2,255
4,210
2,380

 

Foreign nationals applying for a residence permit on the basis of work or studies etc. must generally pay a fee for submitting the application. The fee amounts are generally set once a year based on the tasks associated with the case processing.

12/27/24

Authorities publish updated income statistics applicable from 1 January 2025.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.  

The new income statistics contain information from the third quarter of 2024 and will take effect for applications submitted from 1 January 2025. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 January 2025. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement.

SIRI will assess whether the salary corresponds to Danish standards when the employer is a member of an employers' organisation, but the employment relationship is not covered by a collective agreement. If the salary is just above the regular pay limit, SIRI will generally assume that the salary corresponds to Danish standards.

In cases where the employment relationship is not covered by a collective agreement and the employer is not a member of an employers' organisation, SIRI will assess whether the salary corresponds to Danish standards up to approximately DKK 71,000, using the income statistics from the DA as a guideline.

12/9/24

Extension of residence permit under the Ukraine-Special Act

On 26 November 2024, the Danish Parliament decided that residence permits granted under the Act on Temporary Residence Permits for persons displaced from Ukraine can be extended until 17 March 2026.

The new rules for extending residence permits under the Act on Temporary Residence Permits for Persons Displaced from Ukraine (hereinafter the Special Act) will come into effect on 1 December 2024. Those who have a residence permit under the Special Act can have their residence permit in Denmark extended until 17 March 2026, if they continue to meet the conditions.

The Immigration Service will automatically assess whether a residence permit under the Special Act can be extended. If the holder still complies with the requirements laid down in the current residence permit, the immigration service will automatically extend the residence permit.

When the Immigration Service has processed the case, and the residence permit has been extended, the holder will receive a new residence card by mail, without the need for biometric registration.

The Immigration Service will process a case as soon as possible and aims to have it processed before the current residence permit under the Special Act expires. The processing of most cases is expected to be completed before 17 March 2025. If a case is not processed before this date, the holder is still entitled to stay in Denmark with the same rights.

10/7/24

Updated procedure for assessing salary offers

On 27 September 2024, the Danish Agency for International Recruitment and Integration (SIRI) published an updated version of the practice note that is used to assess whether an offered salary in certain work cases corresponds to Danish standards.

In March 2022, SIRI published a note concerning SIRI’s practices concerning the assessment of Danish standards for salary. Since then, the note has been the basis for SIRI’s assessment of questions concerning the Danish standards for salary, in terms of certain work schemes.

The practice note has been updated, among other things, because the Supplementary Pay Limit Scheme and the Fast-track Scheme’s supplementary pay limit track have been added to the work schemes since the last practice note.

The updated version of the practice note covers cases under the Pay Limit Scheme as well as the Supplementary Pay Limit Scheme, the five tracks of the Fast-track Scheme, the Researcher Scheme, the Positive List for People with a Higher Education and Work permits for accompanying family members.

As the practice note states, SIRI will generally not assess whether an offered salary corresponds to Danish standards within cases where the employment is covered by a collective agreement. Within the cases where the employer is a member of an Employer's organisation, SIRI will assess whether an offered salary corresponds to Danish standards up until the level just above the regular pay limit. Within additional cases, SIRI will generally always assess whether an offered salary corresponds to Danish standards. 

In cases where SIRI assesses whether the salary corresponds to Danish standards, they will also assess whether the other material terms of employment corresponds to Danish standards.

The practice note applies from 27 September 2024, and also applies to the processing of applications already submitted. 

For the work schemes that are not covered by the practice note, the assessment of whether an offered salary corresponds to Danish standards can be found on newtodenmark.com under the individual schemes.

9/20/24

Authorities publish updated income statistics applicable from 1 October 2024.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.  

The new income statistics contain information from the second quarter of 2024 and will take effect for applications submitted from 1 October 2024. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 January 2025. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement though a membership of an employers’ association. 
  • The employment is covered by a collective agreement in the relevant sector.
  • The salary is at least DKK 71,020.83 per month (2024 level). 

If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.

Applications for a residence and work permit after 30 September 2024 will be evaluated according to the income statistics for the second quarter of 2024. 

Applications between 1 July 2024 and 30 September 2024 will be evaluated according to the income statistics from the first quarter of 2024. r

9/13/24

Changes to interpretation of work permit rules for professional athletes and coaches

Effective 1 September 2024, the Danish Agency for International Recruitment and Integration (SIRI) now assesses differently the work permit exemption for professional athletes, coaches and associated personnel.

According to section 24(2)(8) of the Executive Order on Aliens’ Access to Denmark, professional athletes and coaches, and associated personnel, may be exempt from the work permit requirement for a period of 90 days from the date of entry for the practice and training of sports, including test training.

In practice, 'associated personnel' includes personnel accompanying athletes and coaches during their stay in Denmark, e.g. a masseur, a team leader, a chef, etc. 

In the assessment of ‘associated personnel’, SIRI will now take into account the special needs of the individual sporting event to a greater extent. SIRI will in the future expand the interpretation of “associated personnel” so that personnel who perform tasks at a specialized level of knowledge to support the sporting event as a whole will also be exempt from the work permit requirement. 

With this change, new types of sporting events, such as e-sports events, are taken into account, so that these can be carried out on the same terms as other sporting events in Denmark.

9/9/24

Faroe Islands take over responsibility for processing residence permit cases

On 1 September 2024, the Faroese authorities (Útlendingastovan) will take over responsibility for processing residence permit cases in the Faroe Islands from the Danish Agency for International Recruitment and Integration (SIRI) and the Danish Immigration Service.

The change means that all applications for residence permits in the Faroe Islands submitted from 1 September 2024 will be processed by Útlendingastovan in the Faroe Islands.  This applies to first-time applications, applications for extension of current residence permits and applications for permanent residence permit. Finally, it also applies to re-entry permits.

However, applications for residence permits in the Faroe Islands under the Ukraine Special Act are exempt and will continue to be processed by the Danish Immigration Service after 1 September 2024. 

Those who have submitted an application to SIRI or the Danish Immigration Service before 1 September 2024 for a residence permit in the Faroe Islands, and who have questions about a pending case or additional information, must contact SIRI or the Danish Immigration Service.

Those who have submitted an application from 1 September 2024 for a residence permit in the Faroe Islands, must contact Útlendingastovan if they have questions or for additional information about their application.

8/26/24

Working holiday quotas for citizens of Argentina and Chile

The Danish Agency for International Recruitment and Integration (SIRI) has announced that, on 1 September 2024, a new Working Holiday quota period begins for citizens of Chile and Argentina. VFS Buenos Aires, Argentina and VFS Santiago, Chile open for appointments on 2 September 2024 at 9:00am local time (UTC -4).

Citizens of Chile and Argentina have an annual quota of 150 Working Holiday residence permits. The quota year runs from March of a given year up to and including February of the following year.

From March up to and including August (first quota period), SIRI can issue residence permits corresponding to half of the annual quota (up to 75), and from September up to and including February (second quota period), SIRI can issue the remaining part of the quota (up to 150).

The allocation of permits takes place on a first-come, first-served basis. When the quota (up to 150 residence permits) under the Working Holiday scheme for both Chilean and Argentine citizens has been used, no more residence permits will be issued until 1 March 2025, when the next quota year begins.

As the second quota period this year opens on 1 September, applicants should be aware that it will not be possible to book an appointment at VFS in Buenos Aires, Argentina and VFS Santiago, Chile via their online booking systems until 2 September at 9:00am local time (UTC -4).

Adjustment of practice regarding salary declaration in foreign currency

From 1 September 2024, the Danish Agency for International Recruitment and Integration (SIRI) will adjust the practice for salary declaration in foreign currency in the area of work.

In order to be granted a residence and work permit for the purpose of salaried work, it is a requirement that the salary and terms of employment correspond to Danish standards for the work in question in Denmark. This requirement applies to both first-time and extension applications

The assessment of whether the salary corresponds to Danish standards will be made in Danish kroner (DKK) which means that it is necessary that the salary be stated in Danish kroner.

If the salary is stated in a foreign currency in the employment contract, there must be an addendum to the contract stating the salary in Danish kroner (DKK).

The adjustment of practice applies to all applications for a residence and work permit in the area of work received as of 1 September 2024.

For applications for an extension of a residence and work permit where the original permit was granted before 1 September 2024, salary stated in a foreign currency will be accepted. The foreign currency will be converted into Danish kroner (DKK), and a decision regarding the application for extension is based on the exchange rate.

Danmarks Nationalbank (the central bank of Denmark) is the primary source for converting exchange rates for this purpose.

7/5/24

New rules for family reunification of spouses come into effect

On 1 July 2024, new rules for family reunification of spouses came into effect. The rules also apply to certain applications submitted before the rules came into effect

Among other changes, there is now a requirement that the spouse in Denmark needs to have passed Prøve i Dansk 3 or another Danish language test at the same or higher level, in order for the couple collectively to meet the integration requirement. This requirement can now also be met by the spouse in Denmark by documenting having been in ordinary full-time employment for five years, which has significantly involved communication in Danish.

By ‘significantly involved in communication in Danish’ we mean that spouse in Denmark on a daily basis and as a significant part of a work day has had frequent written or oral contact in Danish with Danish speaking persons. The communication can have been with colleagues, citizens, customers, patients or other persons.

In addition, the financial guarantee requirement, which must be met in some cases in order to qualify for family reunification of spouses, has been reduced from approx. DKK 114,000 to DKK 57,000.

When the proposal was presented to the Danish Parliament on 11 April 2024, the Immigration Service gave the spouse in Denmark in relevant cases the opportunity to indicate whether the couple wanted the further processing of the case to await the expected entry into force of the new rules. The processing of these cases will now be finished.

Applicants, whose application for family reunification of spouses has been refused before the proposal was presented on 11 April 2024, because they did not meet the current financial guarantee requirement or the current language requirement, now have the opportunity to submit a new application for family reunification of spouses.

The bill also includes a change in the rules regarding permanent residence and the transferred permanent residence permit requirements in cases regarding family reunification of spouses.

Change in foreign students’ right to work part-time

On 1 July 2024, the Executive Order on the issue of residence and work permits for students was amended and new rules regarding foreign students' right to work part-time came into effect.

 

Among other things, this change means that all students who will be granted, or who already have been granted, a part-time work permit, now have the right to work 90 hours per month and work full-time in June, July and August, starting from July 1 2024.

New rules under the Authorisation Scheme – right to work

On 1 July 2024, the Danish Aliens Act was amended, to allow foreign nationals with a residence permit under the Authorisation Scheme to work without requiring a work permit requirement.

Those who have been trained as a medical doctor, dentist or nurse in a country outside the EU/EEA, can apply for a residence permit in Denmark which allow them to learn Danish and pass the professional tests which are necessary in order to obtain a Danish authorisation.

 

All foreign nationals who are granted a residence permit under the Authorisation Scheme or who already have a valid residence permit under the Authorisation Scheme can now start work without applying for a separate work permit.

At the same time, several other changes came into effect, including a new authorisation scheme for specifically requested healthcare professionals. It is also possible to extend the authorisation permit in certain cases if the applicant is in the process of or has been offered a job for adaption and training purposes.

Updated Positive Lists

The Danish Agency for International Recruitment and Integration (SIRI) has updated the Positive Lists for people with a higher education and for skilled work. The new lists are applicable from 1 July 2024. 

The Positive Lists are lists of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme.

The new Positive List for People with a Higher Education includes 141 job titles, while the Positive List for Skilled Work includes 61.

It is also possible to apply for a residence and work permit as a social and healthcare worker under the Positive List for Skilled Work.

6/24/24

Authorities publish updated income statistics applicable from 1 July 2024.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.

The new income statistics contain information from the first quarter of 2024 and will take effect for applications submitted from 1 July 2024. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 October 2024. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement though a membership of an employers’ association.
  • The employment is covered by a collective agreement in the relevant sector.
  • The salary is at least DKK 71,020.83 per month (2024 level). 

If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.

Applications for a residence and work permit after 30 June 2024 will be evaluated according to the income statistics for the first quarter of 2024. 

Applications between 1 April 2024 and 30 June 2024 will be evaluated according to the income statistics from the fourth quarter of 2023. 

6/17/24

Bill on increased flexibility for work schemes

On 4 June 2024, the Danish Parliament (Folketinget) passed a bill that amends the rules in the Immigration Act concerning Danish bank account requirements, residence based on the Fast-Track scheme's short-term track as well as an amendment to the job change rule. The purpose of the bill is to make it simpler for companies in Denmark to use the work schemes and to support companies in the effective recruitment of foreign labour and to ensure a higher degree of flexibility for foreign workers who apply for a residence permit in Denmark based on one of the work schemes.

The changes will come into effect on 1 July 2024.

Extension of stay

The bill will make it possible for foreign workers to apply for an extension of their stay based on the Fast-Track scheme's short-term track without having to appear in one of SIRI's departments. This means that the foreign worker will be able to continue their work as soon as the application for an extension is submitted and the fee is paid. The application for an extension must be submitted before the original residence and work permit expires, and it is still a requirement that the work stay does not exceed 90 days in Denmark within the last 365 days.

Job change rule

In addition, the job change rule will be extended to also include foreign nationals who wish to change their residence and work scheme (their grounds for residence) during ongoing employment without changing their job or employer. The new rules mean that the foreign national can continue to work without interruption once the new application for a residence and work permit has been submitted. 

Danish bank account rules

Finally, foreign nationals with a residence and work permit based on the researcher scheme or the Fast-Track scheme's pay limit track, researcher track, education track and short-term track will now be exempt from the requirement that their salary must be paid to a Danish bank account. In addition, the deadline for setting up a Danish bank account will be extended from 90 days to 180 days for the work schemes that are still obliged to fulfil the requirement. 

New residence permit scheme for accompanying family members of expatriate Danish citizens

Effective 1 July 2024, accompanying family members of returning expatriate Danish citizens with certain job-related qualifications may be granted a residence permit in Denmark.

This means that Danish citizens that are established abroad and wish to return to Denmark in order to work can bring their foreign family members.

The expatriate Danish citizen must be established abroad and must have entered into an employment agreement or received an offer for a job position in Denmark which, if the Danish citizen had been a foreign national, could result in a residence permit under one of the following work schemes:

  • The Positive Lists
  • The Pay Limit Schemes
  • Researcher
  • Special individual qualifications
  • Herdsmen and farm managers
  • The Fast Track Scheme's pay limit track, supplementary pay limit track, researcher track, and educational track

The expatriate Danish citizen may also have an innovative business plan with the intention of running or continuing to run a self-employment business or running a business through a Danish branch of a foreign self-employment business in Denmark, which could result in a residence permit under the Start-up Denmark scheme.

6/7/24

Upcoming amendments to rules for residence permits in healthcare sector

On 4 June 2024, the Danish parliament passed a bill based on recommendations from the task force on foreign labour in the healthcare sector. The changes, which come into effect on 1 July 2024, are explained by the Danish Agency for International Recruitment and Integration (SIRI) as follows:

The Positive List for Skilled Work is extended to also include social and healthcare workers. This means that if, as of 1 July 2024, there is a shortage of social and healthcare workers, it will also be possible to grant social and healthcare workers a residence and work permit according to the Positive List for Skilled Work. A quota of 1000 residence and work permits is set on the basis of employment as a social and healthcare worker.

At the same time, a new system comes into effect in the area of authorisation, where specifically requested healthcare professionals can obtain a residence permit for the purpose of obtaining Danish authorisation. In order to be covered by the scheme, the Patient Safety Authority must have assessed that the applicant is covered by a new separate authorisation process for specifically requested healthcare professionals.   

Those with a residence permit on the authorisation scheme are exempt from work permits from 1 July 2024. They will therefore no longer have to apply for a separate work permit if they wish to work in Denmark during their authorised stay. The rules also apply to people with an already valid residence permit according to the authorisation scheme, even if this does not appear on the residence permit. SIRI will separately inform the people who already have a residence permit under the authorisation scheme and who will obtain new rights from 1 July 2024. 

In the future, up to six months' stay for job hunting will also be granted in extension of the authorisation stay, which can be used to look for a job in Denmark after the authorisation process has ended. Holders of a residence permit under the authorisation scheme must submit an application for a job search residence themselves. Finally, the job change rule will be extended to also apply to those who have a residence permit under the authorisation scheme.

New executive order on aliens’ access to Denmark came into effect on 1 June 2024

On 1 June 2024, a new executive order on aliens' access to Denmark took effect. It contains a new work permit exemption for models and a change in the duration of residence permits for accompanying family based on the work schemes.

New rule of exemption

The new rule of exemption means that foreign nationals (third-country citizens) who are going to work as professional models in Denmark can work for short periods of time without a work permit.

The foreign national must work with companies while they hold significant and international fashion shows or fashion fairs.

Under the new rules, it is possible to work in Denmark for up to three separate work periods of up to a total of three days within a period of 180 days.

Furthermore, to qualify for the new exemption rule, the foreign national must be able to legally enter and reside in Denmark, either because they are a resident of a visa-free country or because they have been issued a visa.

Duration of residence permit for accompanying family

On all work-based immigration routes, it is now possible for accompanying family members to be granted a residence permit for the same period as the family member who is working in Denmark (the sponsor).

This has particular significance for accompanying family members of foreign nationals with a residence and work permit under the Supplementary Pay Limit Scheme and the Fast-Track Scheme’s supplementary pay limit track where it is possible for a foreigner to obtain a residence permit for up to five years. previously, it was only possible for accompanying family to obtain a residence permit for up to four years.

New residence scheme based on educational attachment

On 1 July 2024, a new scheme will come into effect for foreign nationals who lose or have previously lost their grounds for residence in Denmark.

On 4 June 2024, the Danish Parliament passed a law proposal on a residence scheme based on educational attachment.

The scheme allows certain foreign nationals who lose their grounds for residence and who are enrolled in or undergoing education in an area where there is a labour shortage to continue staying and studying in Denmark. 

The scheme also means that certain foreign nationals who have lost or will lose their grounds for residence before the law enters into force on 1 July 2024 will, under certain conditions, be able to continue staying in Denmark if, when they lost their grounds for residence, they were enrolled in or undergoing education in an area where there is a labour shortage. Among other things, it will be a condition for obtaining a residence permit that the foreign national's original residence permit was refused extension or revoked, or their right of residence under EU rules was found to be expired, in the period from 1 July 2020 to 30 June 2024.

At the same time, a change of education scheme will be introduced for foreign nationals who are granted a residence permit under the educational attachment scheme, but who wish to change to another education in an area where there is a labour shortage. 

A foreign national who is granted a residence permit under the educational attachment scheme or for the purpose of changing education will also be granted a residence permit for a maximum of six months in order to seek employment in Denmark after completing the educational programme.

5/31/24

New rules for permanent residence permit and family reunification

From 1 July 2024, new rules regarding permanent residence permit and family reunification of spouses will become effective.

The Danish parliament passed the bill regarding permanent residence permit and family reunification on 30 May 2024. The requirement that applicants may not have been convicted of certain crimes is tightened, so that also a charge or indictment of certain crimes in the future will prevent applicants from obtaining a permanent residence. The same applies to the transferred requirements for permanent residence, which must be met, on application for family reunification of spouses if the spouse in Denmark is a foreign national but not a refugee.

 

The new rule applies to applications for permanent residence permit and certain applications for family reunification of spouses submitted from and including 11 April 2024.

5/6/24

Update on proposal to change the rules regarding family reunification of spouses

On 11 April 2024, the Ministry for Immigration and Integration presented a proposal to the Danish Parliament to change the rules regarding family reunification of spouses.

If the proposal is passed, the requirement that the spouse in Denmark needs to have passed Prøve i Dansk 3 or another Danish test at the same or higher level, in order for the couple collectively to meet the integration requirement, can also be met by the spouse in Denmark by documenting having been in ordinary full-time employment for five years, which has significantly involved communication in Danish.

In addition, the financial guarantee requirement that must be met in order to qualify for family reunification of spouses will be reduced from approx. DKK 114,000 to DKK 57,000

If the proposal is passed, the new rules will come into force on 1 July 2024. However, it will also be possible to have an application submitted before this time, processed under the new rules when they come into force. It could be, for example, if the spouse in Denmark wants the further processing of the case to await the reduction of the financial guarantee to DKK 57,000, or if the spouse in Denmark has been in ordinary full-time employment for five years, which has significantly involved communication in Danish, and where the person in question does not have documentation of having passed Test in Danish 3 or an equivalent or higher Danish test. In these cases, the Danish Immigration Service will give the spouse in Denmark the opportunity to indicate whether the couple wants the further processing of the case to await the expected entry into force of the new rules.

During the consideration of the proposal in the Danish Parliament and until the expected entry into force on 1 July 2024, the Danish Immigration Service will not make a decision in cases where the proposed reduction of the financial guarantee and the proposed adjustment of the language requirement are of decisive importance to the case. The processing of these cases will continue after the expected entry into force and will be processed according to the new rules.

Applicants whose application for family reunification of spouses has been refused before the proposal was presented on 11 April 2024, because they did not meet the current financial guarantee requirement or the current language requirement, have the opportunity to submit a new application for family reunification of spouses after the proposal’s expected entry into force.

4/16/24

New South Wales eases nomination criteria for Skilled Worker Regional visa (subclass 491)

The New South Wales (NSW) government has updated the nomination criteria for the Skilled Work Regional visa (subclass 491) under Pathway 1, effective 3 April 2024.

There are two pathways to NSW nomination for this visa: 

  • Pathway 1 – Applying directly to Investment NSW for those who have an established work history with a regional NSW-based employer.
  • Pathway 2 – Being invited to apply by Investment NSW.

Previously, applicants for Pathway 1 were required to have been living and working in a designated regional area of NSW for at least 12 months with a single regional NSW-based employer, among other requirements. Based on industry feedback, NSW government is now reducing this employment duration requirement to six months.

This change means that more skilled workers will be eligible to apply for the Skilled Work Regional visa (subclass 491) under Pathway 1, opening up opportunities for those who have been contributing to the regional economy and communities for six months.

The following Pathway 1 criteria remain unchanged:

  • Employment must be with a single regional NSW-based employer working from an established business premises in regional NSW.
  •  The role must be in the applicant’s nominated (or closely related) occupation.
  •  The occupation must be deemed skilled by NSW.
  •  Applicants must be paid a minimum of the TSMIT salary level of $70,000 (prorated if under 38 hours per week) from their qualifying employer in the nominated (or closely related) occupation in the 6 months immediately before applying.

Further criteria must be met for all NSW nominations (pathway 1 or 2):

  • Applicants must meet all visa requirements outlined by Home Affairs for this visa.
  • Applicants must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.
  • Applicants must be either currently residing: 
    • in NSW and have continuously resided in NSW for a minimum period of three months; or 
    • offshore and have continuously resided offshore for a minimum period of three months.

NSW government also provided the following important reminders:

  • Skilled employment must occur after NSW deems the applicant skilled in their occupation and must appear in their SkillSelect Expression of Interest (EOI).
  • Applicants must lodge their visa application onshore and must not have a current visa application being decided by Home Affairs for a permanent visa.

3/29/24

Adjustment and clarification of practice regarding foreign interns in the hotel and restaurant industry

From 1 April 2024, the Danish Agency for International Recruitment and Integration (SIRI) adjusts the practice on how to assess salary conditions for foreign interns in the hotel and restaurant industry, and the current practice for assessment of the professional connection is clarified.

Adjustment of practice

The adjustment of practice means that, when SIRI assesses whether salary conditions meet the Danish standards in the industry, the foreign interns will be divided into two categories; interns in education and graduates.

For interns still in education, SIRI will, as a starting point, assess that the salary offered is normal if it corresponds at least to the first salary level (during the first 12 months of internship, then the second salary level) in the current Student Agreement (Elevoverenskomst) between HORESTA and 3F.

When assessing whether the salary offered graduate interns meets the Danish standards, SIRI will be using the salary levels for unskilled workers in the current Restaurant Agreement (Restaurationsoverenskomst) or Hotel Agreement (Hoteloverenskomst) between HORESTA and 3F.

The adjustment of practice applies to all applications received from and including 1 April 2024.

Clarification of practice

In addition, SIRI also makes a clarification of practice regarding the assessment of the professional connection between internships and the educational programmes of foreign interns.

In those cases where an educational programme does not in itself support a professional connection to the internship, the applicant must have passed a sufficient number of subjects relevant to the internship, so that the subjects make up one semester's worth of credits.

3/22/24

Authorities publish updated income statistics applicable from 1 April 2024.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.

The new income statistics contain information from the fourth quarter of 2023 and will take effect for applications submitted from 1 April 2024. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 July 2024. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement though a membership of an employers’ association.
  • The employment is covered by a collective agreement in the relevant sector.
  • The salary is at least DKK 71,020.83 per month (2024 level). 

If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.

Applications for a residence and work permit after 31 March 2024 will be evaluated according to the income statistics for the fourth quarter of 2024. 

Applications between 1 January 2024 and 31 March 2024 will be evaluated according to the income statistics from the third quarter of 2023. 

Residence permits under Ukraine -Special Act extended

The Danish Immigration Service has now extended the residence permits which were granted under the Ukraine-Special Act. The validity has been extended until 17 March 2025.

On 3 November 2023, the Minister of Immigration and Integration decided that residence permits which were issued under the act on temporary residence permits granted to people who have been displaced from Ukraine (hereinafter the Special Act) could be extended until 17 March 2025.

The Danish Immigration Service initiated a review of all residence permits which were issued under the Special Act until 3 November 2023, and which were otherwise set to expire on 17 March 2024. If the requirements were met, the residence permits have been extended until 17 March 2025.

Residence permits under the special act, which were granted in the period from 3 November 2023 to 17 March 2024, have at the same time been extended, so that they are valid until 17 March 2025.

In a small number of cases, the Danish Immigration Service attempted, without success, to contact individuals who were granted a residence permit under the Special Act before 3 November 2023. In these cases, the Danish Immigration Service was unable to extend the residence permits because necessary information was not available. As a result, these permits will expire on 17 March 2024. Those individuals who could not be contacted are requested to submit a new application for a residence permit under the Special Act, if they still wish to retain a residence permit in Denmark based on the Special Act.

3/1/24

Increased flexibility for certified companies

The government has proposed a bill introducing more flexible rules for foreign workers in Denmark. The government has put the bill out for consultation and proposes that it come into force on 1 July 2024.

With the bill, the government will exempt certain foreign workers from the requirement that wages be paid to a Danish bank account. The exception will include the researcher scheme and the fast-track scheme's pay limit track, researcher track, educational track and short-term track.

In order for foreign nationals to be granted residence through the fast-track scheme, it is a requirement that the company in which they are employed is certified. In order to be certified, a company must, among other things, have at least 10 full-time employees in Denmark, pay and employment conditions must be customary according to Danish conditions, and the company must not have outstanding claims with the Norwegian Working Environment Authority.

For companies that are still subject to the bank account requirement, it is proposed that the time limit for setting up a Danish bank account be extended from 90 days to 180 days.

At the same time, the government will extend the job change rule so that foreign nationals who change their residence without changing jobs are also covered. For example, a foreign national who is currently in Denmark on a one-year residence permit and who would like to switch to the pay limit scheme, which is granted for four years at a time. Would be able to do this without interrupting their current employment while the case is being processed.

The government also proposes to make it possible to extend a stay on the fast-track scheme's short-term track, as long as the stay in Denmark does not exceed a total of 90 days per year. It is not currently possible to extend a short-term stay. Instead, the foreign national must apply for a new first-time residence permit, and may only continue their work once they have obtained a new provisional work permit.

Working holiday quotas for nationals of Argentina and Chile

A new quota period for working holiday residence permits for nationals of Argentina and Chile begins on 1 March 2024.

On that day, the VFS visa application centres in Buenos Aires, Argentina and Santiago, Chile open for appointments at 9 am local time (UTC-3).

For the period 1 March 2024 until 31 August 2024, up to 75 residence permits for citizens of Argentina and up to 75 residence permits for citizens of Chile can be granted under the Working Holiday Scheme. Permits are granted on a first come, first served principle.

When the quota of 75 residence permits under the Working Holiday Scheme for both Chilean and Argentinian citizens has been fully used, no more residence permits will be issued until 1 September 2024 when the next quota period begins. Any remaining applications will be rejected and the case processing fee paid to SIRI will be refunded. Any fee paid to the representation in Chile or Argentina will not be refunded if the application is rejected.

Working holidays in Denmark are also available to nationals of Australia, Canada, New Zealand and South Korea; and Japan

2/16/24

New application form for sideline employment and work permit for accompanying family

The Danish Agency for International Recruitment and Integration (SIRI) has announced that, effective 14 February 2024, it will make a new printable application form available which is tailored to those who wish to apply for a work permit for ‘sideline employment’, or for a work permit as an accompanying family member because they have been offered a job within the same company as their sponsor.

The new form is called AR8. This form will replace the application forms AR1, AR3 and AR6/7, which have previously been used for these two categories.

Applicants must now use the new application form AR8 when applying for a work permit (but not a residence permit) in Denmark if:

 

  • they have a residence and work permit based on a job with a certain employer, and you would like to take up an additional job as ‘sideline employment’, or if
  • they already have (or are currently applying for) a residence permit as an accompanying family member to a person who either works or is about to work in Denmark, and they need a work permit because they have been offered a job by the same company that their family member (the sponsor) works for, or at a company that has a close connection to the company where their sponsor works.

Current holders of a work permit based on either of these two schemes can use the new AR8 form to apply for an extension of their work permit.

Please note that commuters cannot use the AR8 form. A commuter is a person who works in Denmark, but lives abroad. Commuters must continue to use the application forms AR1, AR3 or AR6/7.

1/5/24

Updated Positive Lists

The Danish Agency for International Recruitment and Integration (SIRI) has updated the Positive Lists for people with a higher education and for skilled work. The new lists re applicable from 1 January 2024. 

The Positive Lists are lists of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme.

The new Positive List for People with a Higher Education includes 72 job titles, while the Positive List for Skilled Work includes 38.

12/26/23

New au pair rates upcoming

The new rate for the monthly allowance (pocket money) for au pairs is expected to be DKK 4850, and the new rate for the amount that helps finance Danish language classes is expected to be DKK 19,305.

The new rates apply to au pair applications that are submitted from 1 January 2024

The submission date of the application determines what type of rate applies to the application.

The submission date is the date when the application has been

  • received at a diplomatic mission or at a visa application centre
  • received at one of SIRI’s branch offices
  • received by SIRI as physical mail or via SIRI’s contact form
  • submitted by using the online application form AU1

The submission date is not dependent on when he applicant begins to fill out the application form, or when the application is signed by the applicant. For instance, if the application process begins in December 2023, but the application itself is not submitted until January 2024, the rates for 2024 will apply to the application. 

12/15/23

Authorities publish updated income statistics applicable from 1 January 2024.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, the Positive List and the Fast Track Scheme, among other routes.

The new income statistics contain information from the third quarter of 2023 and will take effect for applications submitted from 1 January 2024. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 April 2024. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement though a membership of an employers’ association.
  • The employment is covered by a collective agreement in the relevant sector.
  • The salary is at least DKK 67,812.50 per month (2023 level). 

If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.

Applications for a residence and work permit after 31 December 2023 will be evaluated according to the income statistics for the third quarter of 2023. 

Applications between 1 October 2023 and 31 December 2023 will be evaluated according to the income statistics from the second quarter of 2023. 

12/8/23

Brexit Withdrawal Agreement residence application deadline approaches

British citizens and their family members covered by the Withdrawal Agreement between EU and the United Kingdom are reminded of the 31 December 2023 deadline for submissions of residence applications. The deadline was extended in Spring 2023.

British citizens and their family members who do not already hold a residence document in Denmark under the Withdrawal Agreement must submit an application – SIRI will not send out individual reminder letters.

Applications can be submitted here. The extended deadline applies for individuals who have not previously submitted an application. Applicants who have previously received a rejection due to submitting the application too late can, based on the extended deadline, ask SIRI to have their case reopened.

Applicants must have had legal residence in accordance with the EU rules on free movement before 31 December 2020. Individuals who already have residence in Denmark under the Withdrawal Agreement should not apply again. 

11/10/23

New short-term work permit exemption

According to Danish business groups, from 17 November 2023, a new rule issued by the Danish Ministry of Immigration and Integration will exempt non-EU/EEA nationals employed by an intra-company group from requiring a work permit for two separate 15-day periods within a 180-day period.

  • The employee must leave Denmark for at least 14 days between the two 15-day periods.
  • The company in Denmark must have a minimum of 50 employees.
  • Temporary workers from an agency abroad are not eligible for the exemption.
  • Skilled and unskilled work is not covered by the exemption in the following industries:
    • building and construction
    • agriculture, forestry and horticulture
    • cleaning (including window cleaning)
    • hotel and restaurant
    • road freight transportation
  • However, the exemption does apply to highly-skilled and managerial workers in the above-mentioned industries.

11/3/23

Extension of Residence for Refugees from Ukraine

The government has decided that residence permits issued for people displaced from Ukraine can be extended until 17 March 2025.

The Immigration Service will automatically assess whether a residence permit under the Special Act can be extended. If the holder still complies with the requirements laid down in their current residence permit, the residence permit will be automatically extended.

When the Immigration Service has processed a case, and the residence permit has been extended, the holder will receive a new residence card by mail and does not have to have their biometric features recorded for the new residence card.

The Immigration Service will process the case before a current residence permit under the Special Act expires and expects to complete the processing of all cases before 17 March 2024.

10/27/23

Updated calculation of residence under short-term track

SIRI has updated the guidelines for calculating residence under the short-term track, within the Fast Track Scheme.

Under the short-term track, applicants can be granted a residence and work permit that will last for up to 90 days. The update provides further information on how to calculate the distribution of the 90 days across these several stays.

When calculating the multiple stays within 90 days, the method being used is referred to as a ‘rolling’ calculation. This means that the method only accounts for the number of days of residence within a 365-day period. When calculating the period, the count starts from the first day that your permit is to be valid, and is then counted 365 days back in time.

Applicants who have used a calculation of a short-term stay which is attached to their first entry into Denmark in connection to a pending application under the short-term track can contact SIRI no later than 1 December 2023.

10/6/23

Updated Positive List for people with a higher education

SIRI has updated the Positive List for people with a higher education. The updated job titles on the list are based on the Regional Labour Market Councils additions. The new list is applicable from 1 October 2023. 

The Positive List is a list of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme. To qualify, applicants must have a suitable educational background.

A job title can appear in the list, if there is a regional or national shortage of qualified professionals for the position. A job title can be added to the Positive List if:

  • Ongoing labour market monitoring (the Labour Market Balance Model) shows that there is a national shortage of qualified professionals for a job title (twice a year - 1 January and 1 July);
  • Profession specific unemployment insurance funds (a-kasser) assess that there is a national shortage of qualified professionals for a job title (1 October and 1 April); or
  • The Regional Labour Market Councils assess that there is a regional shortage of qualified professionals for a job title (1 October and 1 April).

The added job titles on The Positive for people with a Higher Education are added by the Regional Labour Market Councils and they will be on the list until at least 30 September 2025.  The profession specific unemployment insurance funds has not added any job titles to the list that will be applicable from 1 October 2023.

The job titles will only apply for the geographical area (municipalities) each council covers. No job titles are taken off the Positive List for people with a Higher Education as a result of this update.

Another list - the Positive List for Skilled Work - is updated twice a year, on 1 January and 1 July.

9/22/23

The Danish Agency for International Recruitment and Integration (SIRI) has published updated income statistics which will take effect 1 October 2023.

The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, and the Fast Track Scheme, among other routes.

 

The new income statistics contain information from the second quarter of 2023 and will take effect for applications submitted from 1 October 2023. In the future it is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 January 2024. 

SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:

  • The employer is covered by a collective agreement though a membership of an employers’ association.
  • The employment is covered by a collective agreement in the relevant sector.
  • The salary is at least DKK 67,812.50 per month (2023 level). 

If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.

Applications for a residence and work permit after 1 October 2023 will be evaluated according to the income statistics for the second quarter of 2023. 

Applications between 1 August 2023 and 30 September 2023 will be evaluated according to the income statistics from the first quarter of 2023. 

9/15/23

Effective 6 September, a new Health Agreement has taken effect in Greenland, affecting “healthcare persons” (those with a healthcare education) who have been offered employment in the Greenlandic Health Care System.

Those who apply for a residence and work permit according to the Health Agreement are not required to send their authorizations or documentation for education or for previous employment.

The change of the requirements for documentation only applies to healthcare persons that are hired in The Greenlandic Health Care System, when the position is covered by the Greenlandic collective bargaining agreement.

 

Effective 2 September 2023, applications for residence permits for accompanying family members must be supported by documentary evidence that the sponsor in the Faroe Islands is able to support them.

However, this rule does not apply if the person has residence under the Sports Agreement.

  • All first-time applications submitted on or after 2 September 2023 are subject to the changes. The permit will state whether it is a condition for the residence permit that the sponsor can support the accompanying family member. The requirement for support will in these instances also apply to applications for an extension of a residence permit.
  • For applications for a residence permit or for an extension of a residence permit submitted before 2 September 2023, the requirement for support does not apply.
  • For applications for an extension of a residence permit granted before 2 September 2023, the requirement for support does not apply.

The applicant must submit the sponsor’s current employment contract in the Faroe Islands and, if they have already started work in the Faroe Islands, their pay checks for the last three months.

The documents must show that the sponsor has:

  • 34,716.12 kr. in gross income each month, for a spouse or a cohabiting partner.
  • 39,797.37 kr. in gross income each month, for a spouse or a cohabiting partner and for a child under the age of 18 that is also traveling to the Faroe Islands, as an accompanying family member. 1,248.25 kr. is added for each additional child, for a maximum of 4 children.
  • 28,317.70 kr. In gross income each month, for a child under the age of 18. 3,186.58 kr. is added for each additional child, for a maximum of 4 children.

The fixed amount applies for all of 2023. The amounts are partially regulated by the development of wages in Føroya Arbeiðarafelago’s (the labour union of the Faroe Islands’) collective agreement for unskilled workers, and partially by the government’s regulation percentage annually, on 1 January, which is fixed according to Løgtingslóg um javningarprosent til almannaveitingar (the Lagting law on the regulation rate for social benefits.

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5/17/24

Ecuador suspends consular services in Mexico

The Ecuadorian Ministry of Foreign Affairs and Human Mobility has announced that, effective 16 May 2024, its consular services in Mexico City and Monterrey are suspended until further notice.From that date, consular procedures will be carried out from its offices in Guatemala City (Guatemala), Houston (Texas, USA) and Phoenix (Arizona, USA).

On 7 April 2024, Mexico closed its embassy and suspended consular services in Quito, Ecuador, after Ecuadorian police forced entry into the Mexican embassy to make an arrest.

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929/23

Immigration fees must be paid in US dollars or equivalent

According to a decree which took effect 1 September 2023, foreign nationals must pay immigration fees in US dollars or the equivalent in another hard currency. This includes fees for visas, residency, residence cards and late fees.

Also per the decree, illegal foreign residents must legalize their stay by proving they are staying with an Egyptian national host and by paying a USD 1000 fee, within three months of the decree taming effect.

9/15/23

New visa requirements for Canadian nationals

Effective 1 October 2023, Canadian nationals will no longer be eligible for a visa on arrival in Egypt. Instead, they will be required to apply for an entry visa from an Egyptian consulate.

Applications can be submitted in person, or by mail using a certified courier envelope and providing a certified prepaid return envelope.

E-visas will not be issued to Canadian nationals from 1 October 2023. However, e-visas issued before that date will be valid for entry until their expiry date.

Canadians of Egyptian origin will have the choice of obtaining a free consular visa free of charge or paying for a visa on arrival in Egypt. For the second option, those who do not hold a valid Egyptian passport must first apply to the Egyptian embassy in Ottawa or the consulate in Montreal for a certificate of nationality.

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March 2025

Revised timeline fort EES and ETIAS

On 5 March 2025, EU Home Affairs Ministers endorsed a revised timeline for the implementation of the Entry/Exit System (EES) and the European Travel Information and Authorisation System(ETIAS).

The EES is expected to become operational in October 2025. ETIAS is expected to follow in the last quarter of 2026

  • The Entry/Exit System (EES) is a new digital border management system for registering non-EU nationals travelling for a short stay, each time they cross the external borders of 29 European countries using the system. The EES will modernise border management of the Schengen countries, gradually simplify border controls and prevent identity fraud.
  • ETIAS travel authorisation is an entry requirement for non-EU visa-free nationals travelling to any of 30 European countries. It is linked to a traveller’s passport and is valid for up to three years or until the passport expires, whichever comes first. ETIAS holders can enter the territory of these European countries as often as you want for short-term stays - normally for up to 90 days in any 180-day period.

At the same time, on 5 March 2025 EU Home Affairs Ministers endorsed Council’s General Approach on a progressive start of operations of the EES. Once adopted by the co-legislators, 29 European countries will gradually introduce the EES over a period of six months. This would give border authorities and the transport industry more time to adjust to the new procedures. 

Once the Regulation on the progressive start of operations of the EES is adopted and the remaining Member States declare readiness, the Commission will decide on the specific date of the progressive start of the EES, guided by the timeline endorsed by the Home Affairs Ministers on 5 March 2025. 

Feb 2025

Further details of ETIAS timeline

The European Commission has published information clarifying the timeline for the introduction of the ETIAS online travel authorisation system.

ETIAS is currently not in operation and will not start in the first half of 2025.No action is required from travellers at this point.

The launch of ETIAS will take place a few months after the introduction of the Entry Exit System (the EES), now expected to be later in 2025. The implementation of ETIAS will be gradual.

  • The launch of ETIAS will be followed by a transitional period of at least six months. This means that, for travel during this time, travellers should already apply for their ETIAS travel authorisation, but those without one will not be refused entry as long as they fulfil all remaining entry conditions.
  • This will be followed by a grace period of at least six months. During this period travellers must have an ETIAS travel authorisation to enter the30 European countries.
  • As an exception, during the grace period, those coming to Europe for the first time since the end of the transitional period will be allowed to enter without an ETIAS provided they fulfil all remaining entry conditions. All other travellers will be refused entry if they do not hold an ETIAS travel authorisation.

Once the new system is in place, nationals of 59 countries and territories who do not need a visa to travel to any of the 30 European countries, will have to apply for an ETIAS travel authorisation before starting their trip. Similar entry requirements for visa-free nationals are currently in place in the United States, Canada and Australia.

Travellers will have to submit their ETIAS applications online using either the official ETIAS website europa.eu/etias or the official mobile app.

11/22/24

Commission proposes new online portal for posted worker declarations

The European Commission has proposed to establish a single declaration portal for companies posting workers to provide services in another European Union (EU) country.

The single digital declaration portal will: 

  • Reduce the administrative burden for posting workers: the portal will allow companies to use a single form, available in all official EU languages, instead of using 27 different national forms. On average, this will decrease by 73% the time spent on the declarations. The information requested is streamlined to some 30 data points. It will provide for a user-friendly one-stop shop for declaring posted workers in the EU. This will facilitate businesses' compliance with declaration obligations to competent national authorities.
  • Enhance cooperation among EU countries: the new portal will be part of the Internal Market Information System (IMI) that is already used to monitor compliance with the rules on posting of workers. The new public interface will also be based on technical solutions already put in place for the electronic declaration of posted road transport workers, where an electronic public interface, which is also connected to the IMI, is already available since 2022.
  • Support protection of workers: simplifying the process will reduce cases of non-compliance and increase the transparency of postings. The portal will facilitate inspections by EU countries, contributing to the protection of posted workers' rights.

EU countries will be able to use the portal on a voluntary basis. Participating EU countries will see the administrative cost of posting workers greatly reduced. This will contribute to the EU objective of reducing companies' reporting burden by 25%, as outlined in the Communication on ‘Long-term competitiveness of the EU'. 

Background

The EU Single Market counts 5 million posted workers. One of the main administrative barriers faced by their employers is to handle multiple and diverse documentation in each Member State.

The freedom to provide services includes the right for businesses to provide services in another Member State, by posting their workers there temporarily. When doing so, service providers must comply with conditions of employment in that Member State as set out in Directive 96/71/EC on the posting of workers. Member States are required to work in close cooperation and provide each other with mutual assistance to facilitate the monitoring of compliance with these terms and conditions of employment.

Furthermore, Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides the possibility for Member States to impose an obligation for service providers established in another Member State to make a simple posting declaration to the competent national authorities of the receiving Member State, containing the relevant information necessary to allow factual controls at the workplace.

First announced in the Update to the 2020 New Industrial Strategy, this action was part of the March 2024 Communication ‘Labour and skills shortages in the EU: an action plan'. In this plan, the Commission announced that it will promote the widespread implementation of a common form of electronic format for posted worker declarations, complemented by the development of a digital multilingual portal through which companies can submit posting declarations for Member States that decide to make use of this tool. The initiative was also announced in the Commission Work Programme for 2024.

8/26/24

Commission confirms start date for Exit/Entry System (EES)

The European Commissioner for Home Affairs has confirmed the launch date for the forthcoming Exit/Entry System (EES) as 10 November 2024.

The Council adopted the regulation for the EES in November 2017. EES will electronically register the time and place of entry and exit of third-country (non-EU) nationals, and calculate the duration of their authorised stay. It will replace the obligation to stamp the passports of third-country nationals which is applicable to all Member States.

More information is available here.

6/28/24

Temporary protection for Ukrainian refugees extended until March 2026

On 25 June 2024, the European Council adopted a decision to extend the temporary protection until 4 March 2026 for Ukrainians refugees.

The temporary protection mechanism was triggered on 4 March 2022 – only a few days after Russian armed forces launched a large-scale invasion of Ukraine – and is due to run until 4 March 2025.

The extension decision does not change the decision of March 2022 in terms of the categories of persons to whom the temporary protection applies.

Temporary protection provides immediate and collective protection to a large group of displaced persons who arrive in the EU and who are not in a position to return to their country of origin.

The system alleviates the pressure on national asylum systems because applications do not have to be examined individually. People benefitting from temporary protection enjoy the same rights across the EU. These rights include:

  • residence
  • access to the labour market and housing
  • medical assistance
  • social welfare assistance
  • access to education for children.

The EU’s temporary protection law sets minimum standards of protection. The actual level of assistance can vary from one member state to another. According to their national procedures member states may have to adopt additional implementation acts to formalise the prolongation.

5/24/24

Schengen visa fee to increase

The European Commission has decided to increase the fee for a Schengen visa from EUR 80 to EUR 90 for adults and from EUR 40 to EUR 45 for children (aged 6-11 years), effective 11 June 2024.

On 22 May 2024, the EU published Commission Delegated Regulation (EU) 2024/1415 of 14 March 2024 amending Regulation (EC) No 810/2009 as regards the amount of the visa fees, formalising this decision.

5/6/24

Council restricts visa provision for Ethiopian nationals

On 29 April 2024, the European Council decided to temporarily suspend certain elements of the EU law that regulates the issuing of visas to Ethiopian nationals. In particular, it will no longer be possible for member states:

  • to waive requirements with regard to the evidence to be submitted by Ethiopian visa applicants
  • to issue multiple entry visas
  • to waive the visa fee for holders of diplomatic and service passports

Furthermore, the standard visa-processing period now becomes 45 calendar days instead of 15.

This decision follows an assessment by the Commission, which concludes that cooperation by Ethiopia in the field of readmission of its nationals illegally staying in the EU is insufficient. Based on the EU visa code, the Commission regularly assesses the cooperation of third countries on readmission. These assessments may lead to the conclusion that a given third country does not cooperate sufficiently. In such cases, the EU may decide to suspend the application of certain provisions of the visa code.

The suspension decision is temporary but does not come with a specific end date. The Commission will continue to assess any progress made on readmission cooperation.

4/26/24

Commission allows multiple-entry Schengen visas for India, Bahrain, Oman and Saudi Arabia

On 22 April 2024, EU foreign policy chief Josep Borrell announced “a decision adopted by the European Commission… to harmonise the rules for granting multiple-entry visas for the citizens of the GCC countries.”

The three decisions update the rules for the issuance of multiple-entry Schengen visas for nationals of Bahrain, Oman and Saudi Arabia.

Nationals of these three Gulf Cooperation Council (GCC) member states applying for short-stay Schengen visas from consulates in their country of nationality will be issued a multiple-entry visa valid for a period of five years.

Separately, Indian nationals applying for short-stay Schengen visas from within India will be issued a multiple-entry visa valid for a period of two years, on the condition that they have previously obtained and used two Schengen visas within the preceding three years.

Visa fees for Gambian nationals reduced to standard level

The European Council has decided that the visa fee for nationals of The Gambia who wish to travel to the Schengen area will be reduced from EUR 120 to the standard visa application fee of EUR 80.  

Because of a lack of cooperation of The Gambia as regards readmission of its nationals illegally staying in the EU, the Council had decided in December 2022 to increase the standard application fee for nationals of The Gambia to €120. Since then, The Gambia has substantially and sustainably improved its cooperation on readmission as regards the organisation of return flights and operations.

The EU also decided, in 2021, to temporarily suspend the following for nationals of The Gambia:

  • the possibility that member states waive requirements with regard to the documents to be submitted by Gambian visa applicants;
  • the limitation of the processing period to 15 calendar days;
  • the issuing of multiple entry visas;
  • the optional visa fee waiver for holders of diplomatic and service passports

These suspensions currently remain in place

4/19/24

Commission proposes EU/UK youth mobility agreement

On 18 April 2024, the European Commission proposed to the European Council to open negotiations with the United Kingdom on an agreement to facilitate youth mobility. Such an agreement would make it easier for young EU and UK citizens to study, work and live in the UK and the EU respectively.  

According to the Commission, the withdrawal of the UK from the EU has resulted in decreased mobility between the EU and the UK. This situation has particularly affected the opportunities for young people to experience life on the other side of the Channel and to benefit from youth, cultural, educational, research and training exchanges.   

The proposal seeks to address the main barriers to mobility for young people experienced today and create a right for young people to travel from the EU to the UK and vice-versa more easily and for a longer period of time.

  • The envisaged agreement on youth mobility includes the following conditions:
  • The personal scope is limited to young Union citizens and United Kingdom nationals, e.g. 18-30 years of age;
  • The period of stay is limited to a reasonable timeframe (e.g. 4 years);
  • Mobility is not purpose-bound, i.e. it can be exercised for different purposes: to work, study, do trainings/internships (including in the context of a Union education programme), research, volunteer, other activities or just visiting/travelling during the period of stay;
  • Mobility is not subject to quota;
  • Common admission conditions apply and the beneficiary complies with these conditions throughout the period of stay;
  • Relevant grounds for rejection of the applications;
  • Verification of compliance with the conditions and of absence of grounds for rejection are carried out by the relevant national authorities in an admission procedure prior to exercising mobility.
  • The mobility to the Union is only exercised in the Member State that admitted the
  • United Kingdom national, i.e. the admission by one Member State does not allow for “intra-Union” mobility to another Member State;
  • The treatment of beneficiaries is equal to nationals, at least in respect of working conditions, including pay and dismissal as well as health and safety at the workplace, freedom of association, certain aspects of education and vocational training, tax benefits, in so far as the person is a tax resident, and advice services afforded by employment offices;
  • Equal treatment is also provided in respect of tuition fees for higher education. This also applies to beneficiaries of other visa paths;
  • The United Kingdom “healthcare surcharge” is waived for Union beneficiaries;
  • Conditions for the exercise of the right to family reunification with the beneficiaries.

The Commission's recommendation will now be discussed in the Council. If the Council agrees, the Commission would be empowered to launch negotiations with the UK on youth mobility.  

Council green-lights revised single permit

On 12 April 2024, the Council of the EU adopted a revision of the Single Permit Directive. The law, which updates the 2011 directive currently in place, aims to attract the skills and talent the EU needs and to address shortcomings as regards legal migration to the EU.

The directive sets out the administrative procedure for a single permit for both the right to work and the right to stay in the EU and determines a common set of rights for third-country workers. The revision provides for a shortened application procedure and aims to strengthen the rights of third-country workers by allowing a change of employer and a limited period of unemployment

  • A third-country worker can submit an application from the territory of a third-country or, if he or she is a holder of a valid residence permit, from within the EU. If a member state decides to issue the single permit, this decision will serve as both residence permit and work permit.
  • The revised Single Permit Directive comes with stricter deadlines for the decision to issue a permit. This should happen within three months of receipt of the completed application. If member states choose to check the labour market situation before deciding whether to grant the single permit – for instance to assess the need for a third-country worker's profile – this should also take place during this 90-day period. The time limit for a decision may exceptionally be extended for an additional 30 days in cases of complex applications.
  • A novelty of the review is that single permit holders will be able to change employer. Such a change may be subject to notification to the authorities, and member states may carry out a labour-market check. EU countries may also require a minimum period during which the single permit holder is required to work for the first employer.
  • The update also establishes rules applicable if a single permit holder becomes unemployed. In such cases third-country workers are allowed to remain in the territory of the member state if the total period of unemployment does not exceed three months during the validity of the single permit or six months after two years of the permit.

The directive will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Member states have two years to transpose the directive into national law.

1/5/24

Bulgaria and Romania to join Schengen area

On 30 December 2023, the European Council decided to accept Bulgaria and Romania into the Schengen area, with air and sea border controls lifted from March 2024.

Discussions on a further decision to lift controls at land borders will continue in 2024.

Kosovans qualify for visa-free travel

Effective 1 January 2024, Kosovo passport holders can travel to the EU without a visa for up to 90 days in any 180-day period. Equally, EU citizens are able to travel to Kosovo without a visa.

The proposal to grant visa free travel to Kosovo was approved by the European Union co-legislators in April 2023.

 

The EU Member States covered by the visa waiver are:

  • the following EU Member States which are part of the Schengen area: Austria, Belgium, Croatia, Czechia,       Denmark, Estonia Finland,       France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, and Sweden;
  • the EU Member States which are not yet part of the Schengen area but do apply the EU acquis related to the EU visa lists Bulgaria, Cyprus and Romania;

The visa waiver also applies to the associated Schengen states: Iceland, Liechtenstein, Norway and Switzerland.

Although Ireland is an EU Member State, it is not part of the Schengen Area, so the visa waiver does not apply.

Kosovans can enter the EU as a tourist, to visit friends or family, to attend cultural or sports events, business meetings, for journalistic or media purposes, medical treatment, for short-term studies or training and any similar activities. However, the visa waiver does not apply to persons travelling for those who come to work in the EU.

12/26/23

Political agreement on revised single permit rules

On 18 December 2023, the European Commission, Parliament and Council reached a political agreement on the revised Single Permit Directive.

The updated rules establish a single application procedure for a combined EU work and residence permit (a ‘single permit'). The revised rules provide for a common set of rights for workers from non-EU countries, regarding working conditions, social security, recognition of qualifications, and tax benefits.

The new rules aim to streamline the application procedure for the single permit, while making it more effective and improving the safeguarding of non-EU workers' rights.

Once adopted, the revised legislation will:

  • Enable non-EU nationals to apply for a single permit not only from non-EU countries but also from a Member State if they already reside in that Member State on the basis of a residence permit;
  • Introduce faster application procedures to facilitate international recruitment;
  • Provide for stronger protection of workers from non-EU countries, by introducing the right to change employer and a minimum period of unemployment during which their single permit should not be withdrawn; this means that within the period of validity of the permit, workers will have the right to change employers while continuing to reside legally in the Member State.
  • Ensure that beneficiaries of protection in accordance with national law can benefit from equal treatment rights if they are allowed to work;
  • Include new obligations for Member States to provide for inspections, monitoring mechanisms and sanctions against employers who violate the rights of non-EU workers, including equal treatment rights.

The political agreement reached by the European Parliament and the Council is now subject to formal approval by the co-legislators. Once published in the Official Journal, the Directive will enter into force 20 days after publication and Member States will have 2 years to transpose the provisions of the Directive into national law

Background
In April 2022, the Commission presented the Skills and Talent package: an ambitious and sustainable outlook to legal migration. To improve the previous legislation on single permits, this package included a proposal for a recast of the Single-Permit Directive, alongside a proposal for a revised Long-Term Residence Directive – where negotiations are still ongoing with co-legislators

11/27/23

The Council of the EU has agreed its negotiating mandate for updating the EU Long-Term Residents Directive.

This directive, from 2003, sets out the conditions under which third-country nationals can acquire EU long-term resident status. In order to acquire EU long-term resident status, third-country nationals have to legally and continuously reside in a member state for at least five years. This EU status exists alongside national long-term resident schemes.

On the basis of this agreed negotiation mandate, the Council can enter into interinstitutional talks with the European Parliament to conclude a final legal text.

Acquiring long-term resident status

The Council has agreed that third-country nationals can cumulate residence periods of up to two years in other member states in order to meet the requirements of the five-year residence period. However, in the event of an applicant having resided in another member state, the Council has decided to accept only certain types of legal residence permits, such as holders of EU Blue Cards or residence permits issued for the purpose of highly qualified employment.

Certain conditions will apply in order for applicants to be able to acquire long-term resident status. For instance, third-country applicants must provide evidence of stable and regular resources that are sufficient to maintain themselves and the members of their family, as well as sickness insurance. Member states may also require third-country nationals to comply with integration conditions.

Long-term resident status is permanent. However, it can be withdrawn in certain cases, for instance when a person has not had their main residence in the EU for a certain period of time.

Intra-EU mobility rights

Unlike national residence systems, EU long-term resident status grants status holders the possibility to move and reside in other EU countries, for instance for work or studies. This right to intra-EU mobility is not automatic but is subject to a number of conditions. Such a condition is that member states may assess the situation of their national labour markets in case an EU long-term resident moves to their country from another EU member state for work.

Equal treatment with EU nationals

EU long-term residents enjoy the same treatment as nationals with regard to access to employment and self-employment, education and vocational training and tax benefits, for example. There are a number of conditions, such as the requirement that holders of a residence permit live within the territory of the member state concerned.

11/17/23

Council adopts online visa plan

On 13 November 2023, the European Council adopted new rules allowing people who plan to travel to the Schengen area to apply online for a visa.

The two regulations adopted will create an EU visa application platform. With a few exceptions, applications for Schengen visas will be made through that platform. On the platform, visa applicants will be able to enter all the relevant data, upload electronic copies of their travel documents and supporting documents, and pay their visa fees.

This is intended to render in-person appearance at the consulate redundant. In-person appearance will only be necessary for first-time applicants, people whose biometric data are no longer valid and people with a new travel document.

When a person intends to visit several Schengen countries, the platform will automatically determine which one of them is responsible for examining the application on the basis of the duration of stay. However, the applicant will also have the possibility to indicate whether the application needs to be processed by a specific member state according to the purpose of travel.

The current visa sticker will be replaced with a cryptographically signed barcode.

The two regulations will enter into force 20 days after they are published in the Official Journal of the European Union.

10/27/23

New ETIAS timeline confirmed

The European Council has announced a new timetable for the implementation of the Entry/Exit system and the ETIAS online travel authorisation system.

The Entry/Exit system will be ready to enter into operation in Autumn 2024 and ETIAS will be ready to enter into operation in Spring 2025.

The Council adopted the regulation for the Entry/Exit System (EES) in November 2017. EES will electronically register the time and place of entry and exit of third-country nationals, and calculate the duration of their authorised stay. It will replace the obligation to stamp the passports of third-country nationals which is applicable to all Member States.

The Council adopted the regulation establishing the European Travel Information and Authorisation System (ETIAS) in September 2018. ETIAS is a pre-travel authorisation system for visa exempt travellers. Its key function is to verify if a third country national meets entry requirements before travelling to the Schengen area. The information submitted, via an online application ahead of their arrival at borders enabling pre-travel assessment of irregular migration risks, security or public health risk checks. It will be similar to existing systems in place in the US, Canada and Australia, among others.

9/29/23

Extension of temporary protection

The Council of the European Union has agreed to extend the temporary protection for people fleeing Russia’s war of aggression against Ukraine from 4 March 2024 to 4 March 2025.

The temporary protection mechanism was activated on 4 March 2022 – only a few days after Russian armed forces launched a large-scale invasion of Ukraine – and it was automatically extended by one year.

What is temporary protection?

The system provides immediate and collective (i.e. without the need for the examination of individual applications) protection to displaced persons who are not in a position to return to their country of origin.

The objective is to alleviate pressure on national asylum systems and to allow displaced persons to enjoy harmonised rights across the EU. These rights include:

  • residence
  • access to the labour market and housing
  • medical assistance
  • social welfare assistance
  • access to education for children

 

Background and next steps

Following today’s political agreement, the Council will have to formally adopt the decision to extend the temporary protection. This will happen once the legal scrubbing and translation in all EU languages has taken place.

Temporary protection is an EU emergency mechanism which is activated in exceptional circumstances of mass influx. The EU directive on temporary protection was adopted in 2001, in the aftermath of the large-scale displacement experienced in Europe due to the armed conflicts in the Western Balkans, in particular from Bosnia and Herzegovina and Kosovo.

9/15/23

More favourable Schengen visa rules for Kuwaiti nationals

On 8 September 2023, the European Commission adopted more favourable rules for Kuwaiti nationals on the issuing of Schengen multiple-entry visas with longer validity.

Kuwaiti nationals, including first-time travellers, can be issued with new multiple-entry visas valid for five years, if the passport validity allows.

The change makes it easier for Kuwaitis to travel to the 27 Schengen countries for business, tourism and family purposes, permitting multiple stays of no more than 90 days in any 180-day period within the Schengen area.

The Schengen area consists of 27 European countries (of which 23 are EU Member States): Belgium, Croatia, Czechia, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden, along with Iceland, Liechtenstein, Norway and Switzerland.

9/8/23

The European Commission has proposed measures to make it easier for European citizens to live, work and travel abroad by making access to social security services quicker and simpler across borders.

The Commission’s Communication lays out suggested actions for Member States to further digitize the coordination of social security systems, including the following:

  • Accelerate the national implementation of the Electronic Exchange of Social Security Information (EESSIso that it is fully operational by the end of 2024 across Europe. EESSI digitalises the exchanges among national social security institutions, to move away from paper-based, time-consuming and cumbersome procedures.
  • Deliver more social security coordination procedures fully online, to make it even easier for people to move and work abroad, and ensure they get fast access to their eligible benefits. Member States can build on the Single Digital Gateway Regulation, which foresees a fully online delivery of some important administrative procedures to citizens and businesses by 12 December 2023 at the latest.
  • Fully engage in the European Social Security Pass (ESSPASSpilot activities, which explore how to simplify the issuance and verification of citizens' social security entitlements across borders.
  • Work towards introducing EU Digital Identity (EUDI) wallets, which will allow EU citizens to carry digital versions of entitlement documents, such as the European Health Insurance Card (EHIC), making it easier for social security institutions, labour inspectorates and healthcare providers to instantly verify these documents.

The Commission invites the European Parliament and the Council to endorse the approach set out in this Communication and calls on Member States and all stakeholders to work together to implement its actions.  Advancing the digitalisation of social security coordination is also relevant in the context of ongoing negotiations by co-legislators on the revision of EU social security coordination rules. The Commission encourages the European Parliament and on the Council to modernise the legal framework by reaching an agreement on the revision.

EU nationals are entitled to travel, work and live in another EU country. EU rules (Regulation No 883/2004 and Regulation No 987/2009 on its implementation) protect people's social security rights when moving within Europe, for instance when it comes to healthcare, family benefits and pensions, and make sure they get access to their eligible benefits as quickly as possible across the EU.

Close Open Estonia

12/1/23

Residence permit appointment booking opens

 

Effective 27 November 2023, applicants can book appointments for submitting applications in December for residence permits on the basis of the 2024 immigration quota.

The recently-announced 2024 quota is 1303 permits, in the following categories:

  • 200 temporary residence permits for employment in the transport and storage sector;
  • 35 temporary residence permits for employment as a journalist accredited by the Ministry of Foreign Affairs;
  • 34 temporary residence permits for professional activities as an athlete, coach, sports referee or sports professional at the invitation of the relevant sports federation;
  • 15 temporary residence permits for employment in a performing arts institution as a creative employee within the meaning of the Performing Arts Institutions Act;
  • 5 temporary residence permits on the basis of a treaty;
  • 1,014 temporary residence permits freely distributed.

Some foreign workers are excluded from the quota, including those working in information and communications technology and start-up workers; those in short-term employment or in a growth company; those employed as lecturers, or highly-paid specialists; and family or student migrants. Citizens of the European Union and their family members, citizens of the United States, the United Kingdom, and Japan, and applicants for international protection are also not included in the quota.

To submit an application for a residence permit at the Police and Border Guard Board (PBGB), an appointment should be booked on the PBGB's website.

Applicants can also apply for a permit at the nearest Estonian embassy, but the PBGB asks applicants to contact the embassy in advance.

 

If an applicant for an extension of a residence permit has provided a fingerprint image to the PBGB in the last six years, they may also apply by e-mail or mail.

 

Important information for employers and foreigners arriving for work:

  • The submission of an application for a first residence permit does not give the applicant a legal basis for stay in the country. If the applicant’s visa or other basis for stay expires before a decision has been made on the application for a residence permit, they must leave Estonia and wait for the decision in their home country. In this case, it may also be necessary to inform the PBGB and amend the place of receipt of the residence card on the application if Estonia was initially indicated as the place of receipt of the document.
  • Russian and Belarusian citizens are still subject to sanctions and will not be issued residence permits for employment or business.
  • A booking is mandatory for a foreign national when submitting an application for a residence permit – the booking is not intended for the employer and cannot be used by the employer for another employee.
  • A booking is only intended for the person in whose name it was registered. An application will not be accepted based on a booking registered in the name of another person.
  • Applicants will not be able to change their booking later. If they cannot arrive at the scheduled appointment, they will have to cancel the appointment and make a new booking.
  • Cancelled bookings will be re-opened in the calendar for everyone to book after a while.
Close Open Germany

9/13/24

Border checks to be introduced at all German land borders

Ton 9 September 2024, the Federal Ministry of the Interior and Community informed the European Commission that it has ordered the temporary reintroduction of border control at Germany’s land borders with France, Luxembourg, the Netherlands, Belgium and Denmark for six months, starting 16 September 2024.

This means that border checks will be possible at all of Germany’s land borders starting on that date. The complete package of stationary and mobile border policing measures, including the possibility to refuse entry at the border, will be applied at all of Germany’s land borders as allowed by EU and national law.

Checks at Germany’s land border with Austria are currently in place until 11 November 2024, while the order to conduct checks at the land borders with Switzerland, the Republic of Poland and the Czech Republic remains in force until 15 December 2024. These temporary border control measures will be continued and their scheduling coordinated.

Since the temporary border checks were reintroduced at Germany’s borders with Poland, the Czech Republic, Austria and Switzerland on 16 October 2023, the Federal Police have detected approximately 52,000 illegal entries and refused entry to some 30,000 people at Germany’s borders.

Entry is currently denied to people who do not have valid entry documents, who present forged or falsified documents, or who attempt to enter without a visa or valid residence title.

7/26/24

New “sufficient financial means” requirement for students

From 1 September 2024, there will be a change in the necessary amount to show sufficient financial means for students applying for a German national visa.

Applications on and after 01 September 2024 will most likely have to show proof of at least 11,904 euros for the first year, with a maximum withdrawal amount of 992 euros per month.

Currently, sufficient financial means can be demonstrated with one of the following documents:

  • confirmation of a German / EU scholarship / stipend; or
  • “Verpflichtungserklärung” (formal obligation letter) by sponsor living in Germany; or
  • A blocked bank account (sperrkonto) for the first year of the stay, amounting to 11,208 euros.

Currently, holders cannot withdraw more than 934 euros per month from a blocked bank account.

5/31/24

Opportunity card available from 1 June 2024

Starting 1 June 2024, the government will introduce the opportunity card, a residence permit enabling jobseekers to stay in Germany to look for employment.

Opportunity cards are issued for a maximum of one year, provided that the holder is able to support themselves for that period. It allows the holder to undertake work trials for up to two weeks or take up secondary employment for a maximum of 20 hours per week during their stay in Germany.

If an applicant is subsequently unable to obtain another residence title for employment purposes but nevertheless has an offer of qualified employment, the opportunity card can be extended for a further two years.

This card can be obtained in two ways:

  • Third-country nationals who receive full recognition of their foreign qualifications and are therefore considered “skilled workers” can obtain an opportunity card without any further special requirements;
  • All other applicants must provide evidence of a foreign university degree, a vocational qualification of at least two years’ duration (in each case recognised by the state in the country of training) or a vocational qualification issued by a German Chamber of Commerce Abroad. In addition, a basic knowledge of German (level A1 CEFR) or English (level B2 CEFR) is required.       Then, points are awarded for criteria such as recognition of qualifications in Germany, language skills, professional experience, age, links to Germany, and the skilled worker potential of accompanying partners or spouses. Applicants must score a minimum of six points to receive an opportunity card.

For both options, applicants must have sufficient financial resources to fund their job search in Germany. During the visa process, they can demonstrate this ability with a blocked bank account (containing a minimum of €1,027 net per month, amount applicable in 2024) or a declaration of commitment

Those who have obtained a university degree or professional qualification in Germany can instead apply for a residence permit for jobseekers giving them more time to look for a job (18 months instead of one year) and can work part-time without restrictions during this time.

Further information is available here.

4/16/24

Measures to simplify and digitise passport and ID procedures

The Federal Government has adopted amendments to the passport and identity card administration regulations, which aim to simplify and digitise these procedures. The amending regulation must now be approved by the Federal Council.

The regulations implement the following facilitations:

  • For persons immediately after naturalization, the application for German passports and identity cards will be simplified;
  • Effective from the end of April 2025, the obligation to submit a paper-based passport photo will no longer apply. For this purpose, the government has created detailed regulations for the establishment of self-service stations at government offices for media-free digital recording of biometric information (photo, fingerprints, signature);
  • The possibility of direct postal delivery of passports and identity cards to the domestic registration address of the applicant will be introduced from May 2025;
  • On request, applicants will be able to store an email address, for example in order to receive a reminder for a renewal application in good time before the expiry of the respective identity document;
  • The issuance of digitally generated change stickers will be simplified by eliminating the obligation of an official signature and date.

3/22/24

New appointments system for Schengen visa applications in Turkey

Effective 18 March 2024, a new appointments system is implemented for short-stay Schengen visa applications at all German diplomatic missions in Turkey.

The appointment procedure has two steps:

Appointments are made exclusively in chronological order of appointment registrations. The previous, time-consuming search for a free appointment will now be avoided.

Appointment registration is always free of charge, but to confirm the appointment for submitting the visa application, the service fee must be paid within 48 hours of appointment assignment by IDATA. Appointments not confirmed in time will be cancelled and the applicant will have to register again.

The use of an agency or an intermediary to make an appointment is not necessary. The waiting times for visa application appointments will depend on demand.

3/8/24

Further new provisions for skilled workers now in force 

The second stage of the Skilled Immigration Act came into force in Germany on 1 March 2024. The first stage of the new regulations came into force in November 2023. The third stage from June 2024 will include the introduction of a job search opportunity card.  

The recently effected second stage includes the following provisions:

Skilled workers with practical work experience 

Workers with two years’ practical experience in non-regulated careers are now able to work in Germany without needing to get official recognition for their qualifications. They only need to hold a degree or similar vocational qualification recognised by the country where the qualification was awarded. The vocational training must have lasted at least two years. Certain qualifications from German Chambers of Commerce Abroad may be valid.  

Nurses and carers from non-EU states

In future, people who have trained as nursing assistants for only one or two years will be able to take on permanent jobs in the healthcare system in Germany. This was previously only possible for nurses who had completed three years of training. The condition for this is that applicants have trained as a nurse/nursing assistant in Germany or hold a foreign nursing qualification which is recognised in Germany. 

Residence for recognition of foreign vocational qualifications In regulated professions such as nursing and education, skilled workers will still be able to travel to Germany before their vocational qualification has been officially recognised. This opportunity is now being widened to other groups. To take advantage of the new rules, the skilled worker and their employer enter into a “recognition partnership”. The requirement for this is that the skilled worker holds a state-recognised vocational qualification (of at least two years’ duration) from their country of origin, or a university degree. The skilled worker also needs German language skills. Further information on how foreign vocational qualifications are recognised can be found here.

2/2/24

New nationality law passed

On 19 January 2024, the German parliament passed a law to modernise the German Nationality Act. The legislation is expected to come into force at the beginning of the second quarter of 2024.

The key changes under the new law are as follows:

  • Multi-nationality is generally possible: Naturalization applicants no longer have to give up their previous nationality during naturalization, unless this is required under the nationality law of the country of origin. German nationals who acquire a different nationality can also easily retain their German nationality. A retention permit is no longer required.
  • Naturalization is accelerated: Instead of after eight years, people will be able to obtain German citizenship after five years.
  • Special performance is rewarded: With "special integration services" naturalization is possible after only three years.
  • Eased Ius-soli purchase: All children of foreign parents born in Germany will acquire German citizenship in the future and can retain the nationality of their parents if at least one parent has been legally living in Germany for more than five years and has a permanent right of residence. The option regulation is completely eliminated and the pre-stay period of the relevant parent is shortened from eight to five years.
  • Life performance of the guest worker generation is recognized: Proof of oral language skills is sufficient for naturalization and no naturalization test is necessary.

11/10/23

Skilled worker law implementation begins

The initial part of Germany’s new skilled worker law will take effect on 18 November 2023. From that date, changes to the rules for EU Blue Cards will take effect, among some other measures intended to expand access to Germany for skilled workers.

EU Blue Card

To implement the requirements of Directive (EU) 2021/1883, which reforms the EU Blue Card scheme across the EU, the German government has introduced the following changes:

  • Lower salary thresholds: The salary thresholds for the EU Blue Card in regular occupations and bottleneck professions will be significantly lowered. In future, a minimum salary of 45.3% of the annual contribution assessment ceiling for pension insurance (in 2023: €39,682.80) will apply to bottleneck professions and new entrants to the labour market; for all other occupations, the figure will be 50% (in 2023: around €43,800).
  • New entrants to the labour market: The possibility of obtaining an EU Blue Card will be opened to a wider group of people. For example, foreign nationals who have graduated from university within the last three years can obtain an EU Blue Card if their job in Germany earns them a minimum salary of 45.3% of the annual assessment ceiling for pension insurance (in 2023: €39,682.80). This applies to both bottleneck professions and regular occupations.
  • IT specialists: Another change is that IT specialists will be able to obtain an EU Blue Card if they do not have a university degree but can prove that they have at least three years of comparable professional experience. In this case, the lower salary threshold for bottleneck professions will apply (45.3% of the annual assessment ceiling; in 2023: €39,682.80).
  • Extension of the list of bottleneck professions: The list of bottleneck professions for the EU Blue Card will be significantly expanded. Here, too, the lower salary threshold for bottleneck professions will apply (45.3% of the annual assessment ceiling; in 2023: €39,682.80). In addition to the existing bottleneck professions (mathematics, IT, science, engineering, and human medicine), skilled workers in the following occupations will be able to obtain an EU Blue Card if they meet the other requirements: 
    • Manufacturing, mining, construction, or distribution managers
    • Information and communications technology service managers
    • Professional services managers, such as child care or health services managers
    • Veterinarians
    • Dentists
    • Pharmacists
    • Nursing or midwifery professionals
    • School and out-of-school teachers and educators
  • Short-term and long-term mobility: 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 here for the purpose of a business activity directly related to their employment. Neither a visa nor a work permit from the Federal Employment Agency (BA) is 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 apply to the foreigners authority for a German EU Blue Card. 
  • Facilitated family reunification for EU Blue Card holders: EU Blue Card holders who have already lived in another EU Member State with their family will be entitled to privileged family reunification. If these family members require a visa due to their nationality, they will be entitled to enter and reside in Germany as family members of an EU Blue Card holder with the residence permit issued in the previous Member State without having to undergo a visa procedure beforehand. When a residence permit is issued in Germany, the requirements of sufficient living space and the requirement to secure one’s livelihood will no longer apply.

Further changes from 18 November 2023

The restriction that individuals may only work on the basis of the skills acquired with the professional qualification will be removed. In other words, if applicants have a vocational qualification or a university degree, they are not restricted to jobs related to that qualification when looking for employment. There are exceptions for regulated professions.

 

Also, the granting of approval by the Federal Employment Agency for employing professional drivers from third countries is to be simplified. As a result, it will no longer be checked whether the applicant has the required EU or EEA driving licence and the initial qualification or accelerated initial qualification. In addition, the priority check will be abolished and language skills will no longer be a requirement

 

Further changes, listed here, are due to be implemented in March or June 2024.

 

Streamlined document issuance

Effective 1 November 2023, individuals can now confirm the receipt of the PIN letter for their online ID card via text message. This allows identity cards, passports and electronic residence permits to be picked up at document dispensing machines, if these machines are available onsite. An in-person appointment for the collection of the documents at a government office is then no longer necessary.

 

With the PIN of their online ID card, individuals can safely access over 200 online services from government authorities and companies from anywhere.

 

Further changes will be implemented by spring 2025

  • Individuals will receive their PIN letter directly when submitting their application, rather than by post.
  • In addition, on request and for a fee, they can have the requested identification documents sent directly by the manufacturer to their registration address - this also eliminates the appointment for the collection of new identity documents.
  • From May 2025, only digital biometric photographs will be used for new documents. The photographs must be taken either at government offices or by photographers. The biometric photographs will then always comply with international requirements.
Close Open Finland

April 2025 - 

New minimum income for extended permit for employed persons

The minimum income limit for a residence permit for an employed person increased to EUR 1600 per month on 1 January 2025.

Now, the Finnish Immigration Service has announced that, starting in April 2025, the minimum income limit of EUR 1600 will also apply to applications for an extended permit on the basis of employment. The limit refers to the person’s gross salary, which means their salary before the deduction of taxes and other statutory contributions.

Currently, the minimum income limit for an extended permit for an employed person, i.e., the minimum income requirement, is EUR 1430 per month. From April 2025, the salary must be at least EUR 1600 per month. If the salary is less than EUR 1600 per month, an applicant cannot receive an extended permit for an employed person.

For those who have submitted an application for an extended permit for an employed person before 1 April 2025 but whose application is still pending after 1 April 2025, and who do not meet the new minimum income limit, their employer may supplement the terms of employment in the application and increase their salary to at least EUR 1600 per month.

To receive an extended permit for an employed person, applicants must have a job in Finland and have sufficient income for as long as their residence permit is valid in Finland:

  • Their total salary must be at least EUR 1600 per month. The salary may consist of several employment relationships, but the sum does not include any bonus pay, such as evening, night work, Saturday or Sunday compensation.
  • Their employer may pay part of your salary as a fringe benefit, such as a company car or housing benefit. The fringe benefits may not exceed 50% of the base salary. Fringe benefits are taken into account according to their taxable value.

March 2025 - Automated decisions possible for researchers who apply for an extended permit

On 24 March 2025, the Finnish Immigration Service will start issuing automated decisions on applications for extended permits for researchers.

An automated decision is a decision that the Finnish Immigration Service’s system automatically makes on an application. The processing of an application may involve automated steps and steps performed by Finnish Immigration Service specialists.

The system makes an automated decision only when this is possible under law, based on the rules formulated by the Finnish Immigration Service. The system uses these rules to check whether an application meets the requirements laid down in law. Only positive decisions are made automatically.

Applicants can receive an automated decision on their application if the following conditions are met:

  • They are applying for an extended permit for a researcher in Finland.
  • They have completed a master’s degree.
  • They are at least 18 years old.
  • They have an employment relationship with a Finnish research organisation.
  • They will not participate in a mobility programme of the European Union while the permit they are applying for is valid.
  • They have submitted their application online in Enter Finland.
  • They have submitted the application on 19 March 2025 or later.
  • They have filled in the application form with care and have submitted all the required information and attachments.
  • They meet all the requirements for the residence permit. There is no need for case-by-case consideration due to, for example, granting an exemption from a requirement.
  • No family members are applying for a residence permit together with the applicant.
  • Their details are not subject to non-disclosure for personal safety reasons.
  • They have not applied for or been granted international protection.
  • They have not previously received a decision to deport them from Finland.
  • There are no gaps between their hosting agreements.

For those who cannot get an automated decision on their application for an extended permit, a Finnish Immigration Service specialist will process the application and issue a decision on it.

March 2025 - Planned changes to temporary protection legislation will enter into force in March 2025

As announced in December 2024, the Ministry of the Interior has been drafting several changes to legislation on residence permits for temporary protection, which have now been adopted.

Residence permits will be valid for the entire duration of temporary protection

In the future, residence permits and residence permit cards for persons who have been granted temporary protection will continue to be valid for as long as the government decision on granting temporary protection is in force. Previous legislation set the maximum duration of temporary protection at three years.

In the future, a residence permit for temporary protection would always be temporary. Those who intend to settle in Finland permanently can apply for a residence permit.

Temporary protection of certain third-country nationals will end on 31 March 2025

Third-country nationals who fled Ukraine and who did not have a permanent residence permit in Ukraine or who were not granted international protection in that country will no longer have temporary protection. This concerns around 200 people. The Finnish Immigration Service has sent a letter about this to the customers whose temporary protection will end.

Temporary protection will still apply to Ukrainian nationals and their family members, and also to third-country nationals who have obtained a permanent residence permit in Ukraine or been granted international protection in that country. 

Feb 2025

Backlog in processing of family applications

The Finnish Immigration Service (“Migri”) has announced that there is a backlog in the processing of applications on the basis of family ties. Currently, more than 15,000 applications are awaiting a decision.

Those who have not yet received a decision on their application will be contacted if Migri needs more information for their application.

Background

Nearly 50,000 applications on the basis of family ties were submitted in 2024, which is almost 10,000 more than in 2023. 

More than 46,000 decisions were made in 2024, which is more than 6,000 more than in 2023.

65% of applications on the basis of family ties submitted in 2024 were resolved in less than three months.

In 2024, some 91% of first permits and 97% of extended permits received positive decisions.   

Most applications are processed in less than three months. The average processing time for the applications of minor children is shorter than for adults.

According to the law, the applications of students’ family members must be processed within a maximum of 90 days from the date the applicant has submitted a fully completed application. Other applications on the basis of family ties must be processed within a maximum of nine months.

Currently, around 2000 applications on the basis of family ties have been pending for more than nine months and around 1200 applications of students’ family members have been pending for more than 90 days. Migri will prioritise applications whose statutory processing time has expired.

Migri states that the absence of a passport is currently the main reason for the delay in processing.

  • Applicants must have a valid passport issued by the country of nationality in order to be granted a residence permit. Applicants are advised to renew their passport if it is about to expire. The expiry of a passport is not a valid reason for faster processing of a residence permit application.
  • Those who do not have a valid passport issued by the country of nationality usually need to obtain one. The lack of a passport significantly slows down the processing of the application.

There is also a backlog in applications for which further clarification is requested.

  • Applicants should check that they have completed all the necessary information in the application form and submitted all the requested attachments, such as a report on sufficient financial resources if a condition for issuing the permit is having sufficient resources.
  • Applicants must alsolegalise the documents, before submitting the application.
  • The processing of the application is often also delayed in situations where a family member already residing in Finland does not have a valid residence permit. In this case, the application cannot be resolved until the family member has been granted a residence permit.

Foreign wild-berry pickers now subject to seasonal work rules

Following legislative amendments that entered into force on 17 February 2025, wild-berry picking carried out by foreign nationals is now treated as seasonal work. Employers must hire foreign berry pickers for a contractual employment relationship to enable them to apply for an entry permit to Finland, and berry pickers will apply for a seasonal work visa for stays up to three months.

The Seasonal Workers Act will apply to wild-berry picking starting from the 2025 harvest season. In future, companies must hire berry pickers for a contractual employment relationship to enable them to apply for a visa or residence permit for seasonal work.

In practice, an employment relationship was already required last summer when berry pickers applied for a residence permit for an employed person issued by the Finnish Immigration Service. The recent legislative amendments enable berry pickers to apply for a seasonal work visa or a seasonal work permit from 2025.

Berry pickers seeking to stay in Finland for up to 90 days apply for a seasonal work visa at a Finnish mission. The Ministry for Foreign Affairs is responsible for processing the applications.

Some of the conditions for granting a seasonal work visa differ from the conditions for a tourist visa, to minimize the risk of exploitation. The Ministry for Foreign Affairs has a duty to take preventive measures if there are indications of work-related exploitation and human trafficking.

The Finnish Immigration Service issues residence permits for seasonal work that lasts between three and nine months. Applications can be submitted at Finnish missions. Nationals of visa-free countries can apply for a certificate for seasonal work at the Finnish Immigration Service.

Countries of origin may lay down conditions for berry pickers in accordance with their legal provisions. The authorities of these countries monitor compliance with the conditions. The Ministry for Foreign Affairs or Finnish missions do not negotiate these conditions on behalf of employers.

As part of its regular monitoring of the use of foreign labour, the occupational safety and health authority monitors the right to work and the minimum terms of employment of foreign wild-berry pickers who have entered Finland with a seasonal work permit. Improving the status of berry pickers is part of the government’s action plan for preventing work-related exploitation.

The government states that it will monitor the effects of the changes and, if necessary, introduce further measures to combat exploitation in the berry sector.

Automated messages sent by mistake to employers from Enter Finland for Employers

Those who use the online service Enter Finland for Employers may have received an automated email message on Tuesday 4 February 2025 with a subject line ‘We have made a decision on application’. The message, which was sent by mistake, states that a decision has been made on the employee’s residence permit application.

These messages were sent unintentionally between 00.00 and 10.05. There have been problems with the sending function for automated messages that have now been fixed.

There is currently a high demand for employer guidance services. If the employee’s residence permit process is completed and the employee is not waiting for a decision on his or her application or has appealed against a decision, the message received has most likely been sent by mistake. In this case, no action is required from the employer or their employee.

Those who suspect that the message was sent deliberately should check with their employee whether he or she has received a decision on his or her application. Unintentional messages have been sent only to employers.

Jan - 2025

Automated post-decision monitoring of residence permits for employed persons

The Finnish Immigration Service introduced automated post-decision monitoring of residence permits for employed persons on 20 January 2025.

The purpose of automated post-decision monitoring is to verify whether the holder of a residence permit for an employed person still meets the requirements for the permit. Post-decision monitoring is applied to first residence permits issued on or after 1 January 2024 and to extended permits issued on or after 1 January 2023.

 

A residence permit for an employed person can be granted to an applicant who is coming to Finland to work for a Finnish employer or other employer operating in Finland. A residence permit for an employed person is granted for the field in which the applicant will work. Applicants must have confirmed employment in Finland before they can apply for the permit.

Post-decision monitoring will focus on the key requirements for the permit. The Finnish Immigration Service will verify whether the employee has been paid a salary that meets the income requirement, for example. The authorities may conduct automatic register checks in national registers, including the register of Kela (kela.fi), the Incomes Register (vero.fi) and the registers of the Legal Register Centre (oikeusrekisterikeskus.fi).

Automated post-decision monitoring is already being used to monitor the permits of students, startup entrepreneurs and specialists. Expanding the scope of post-decision monitoring to cover work-based residence permits is part of the Government’s action plan against labour exploitation. The Finnish Immigration Service has carried out post-decision monitoring since 2017.

1/3/25

New minimum income limit for the residence permit for an employed person

The minimum income limit for a residence permit for an employed person increased as of 1 January 2025 because of amendments to legislation. A foreign employee who arrives in Finland with a residence permit for an employed person will have to earn at least 1600 euros per month for their work in Finland. The purpose of the amendments is to ensure that employees who move to Finland for work are paid a salary that is sufficient to cover their living costs.

Currently, a residence permit for an employed person can be issued if the applicant's salary complies with the applicable collective agreement or meets the minimum income requirement of 1399 euros per month. When the amendments have entered into force, international employees who are working in Finland with a residence permit for an employed person must still have a salary that complies with the applicable collective agreement, but 1600 euros will be the minimum salary level that is required.

The employer may pay up to 50% of the salary as fringe benefits, such as by offering a company car or an accommodation benefit.

Under the Aliens Act, a person who applies for a residence permit is considered to have sufficient financial resources if he or she cannot be expected to become dependent on social assistance.

 

The new minimum income limit concerns all applications for a first-time residence permit for an employed person as of 1 January 2025 and extended permits as of 1 April 2025.

The residence permit for an employed person is the most common work-based residence permit issued in Finland. The number of applications for a first residence permit for an employed person submitted between January and November 2024 was 9104. The most common citizenships among applicants who have applied for a work-based residence permit this year are Thailand, Philippines, India, China and Vietnam. Most applicants from Thailand came to Finland for a short time period to pick wild berries.

New processing fees

The Finnish Immigration Service (Migri) updated its processing fees effective 1 January 2025, based on a decree by the Ministry of the interior.

Examples of price changes include the following.

  • Previously, the residence permit card on the basis of temporary protection was free of charge. Moving forward, the card will be subject to a charge. The processing fee for an online application for a card on the basis of temporary protection is EUR 20, and for a paper application, EUR 40.
  • The processing fee for an online application for a permanent residence permit has increased to EUR 240. The previous price was EUR 220. The price of a paper application for a permanent residence permit has increased to EUR 350. The previous price was EUR 270.

2024 fees will apply to applications submitted by 31 December 2024.

Decision-making pause in January 2025 concerning residence permit for an employed person and seasonal work permits

The decision-making on certain residence permit applications is on pause from 1 to 8 January 2025. The pause concerns applications for a residence permit for an employed person and residence permits for seasonal work that exceeds six months. The decision-making on both first and extended permits will be on pause.

The pause does not affect the submission of residence permit applications, which can be submitted normally through the online service Enter Finland even during the break.

Processing times are likely to be longer than usual due to the pause in decision-making.

The reason for the pause is the transfer of work permit services from the TE Offices to the Finnish Immigration Service and the system updates required because of the transfer.

12/13/24

Transfer of work permit services from TE Offices to Finnish Immigration Service

The Finnish Immigration Service (Migri) will be responsible for all residence permit matters for employed persons as of 1 January 2025. Because of this reorganisation of responsibilities, employee announcements regarding employees hired from outside the EU/EEA area must be submitted to the Finnish Immigration Service as of 1 January 2025.

According to Migri, the processing of applications will slow down for a short while in early 2025 because of the reorganization. During the spring, the processing pace will recover. Over time, the processing times will become considerably shorter than before.

For those who are using Enter Finland for Employers, the reorganization will not affect the way they use the service. Using Enter Finland for Employers is the easiest way to speed up the processing of an employee’s application. It is also the quickest and easiest way to manage application matters. An additional benefit of using Enter Finland for Employers is that the processing fees for online applications are often more affordable than for paper applications.

No more partial decisions required

After the Finnish Immigration Service takes over some of the duties of the TE Offices on 1 January 2025, a partial decision is no longer required for a residence permit for an employed person and for a residence permit for seasonal work that lasts over six months. These applications will be processed by the Finnish Immigration Service only.

The information and attachments required for an application will remain the same as before. Labour market testing will continue, too. The Finnish Immigration Service will verify that the employee’s terms of employment comply with the provisions of law in force and follow the applicable collective agreement. The Finnish Immigration Service will also verify that the employee’s income is sufficient.

As an employer, you have the right to appeal against a decision only if a negative decision on the employee’s residence permit application has been issued for reasons related to the employer or for reasons related to the labour market situation. Once a partial decision is no longer required, employers will only be informed of decisions that are negative for reasons related to labour market testing or to the employer.

Positive decisions and decisions that are negative for reasons related to the applicant will be served on the applicant only. The applicant has the right to appeal against such decisions. 

11/24/24

Changes to requirement to provide evidence of employment module completion and assessment of employment agreements

Immigration New Zealand (INZ) has announced that, from Wednesday 20 November 2024, employers will need to confirm that staff involved in recruitment decisions for Accredited Employer Work Visa (AEWV) holders have completed Employment New Zealand learning modules and paid time has been given to migrant workers to complete these.

However, to make it simpler and quicker for them, they no longer need to provide further evidence with their application to renew their accreditation. Where there are concerns, INZ may ask for further evidence.

Further changes are being considered as part of the next stage of the review into the AEWV scheme, including removing the requirement to provide an employment agreement with a Job Check application and to complete Employment New Zealand modules.

Changes to the Post Study Work Visa (PSWV)

Students who studied a Postgraduate Diploma (PGDip) for 30 weeks and immediately progressed to a Master’s degree, but were not enrolled in the Masters for 30 weeks, are now eligible to apply for a Post Study Work visa (PSWV) based on their PGDip enrolment. This will give students more flexibility in their course of study and ensure they can remain eligible to work following their qualification.

If a student has completed a qualification that is eligible for a PSWV then immediately completes a higher-level qualification (that is ineligible for PSWV, including because they did not study for the minimum duration), they will have 12 months from the end date of their student visa for the initial qualification to apply for a PSWV.

If a student wants a three-year PSWV, they need to complete at least 30 weeks of full-time study in New Zealand, enrolled in the Master’s degree itself.

To be eligible for a PSWV, applicants must hold an eligible New Zealand qualification that has been studied full-time in New Zealand for the required minimum duration and apply within the required timeframe.

Changes to the list of qualifications eligible for a Post Study Work Visa

The following changes are being made to align the list of qualifications eligible for a PSWV with the Green List:

  • PSWV applicants who qualify to teach at secondary school no longer require a Bachelor’s degree specialising in Science, Mathematics, Technology or Pacific Languages;
  • applicants who have completed graduate diplomas and meet the Teaching Council’s registration requirements are able to get a PSWV to work as a Primary or Intermediate school teacher;
  • the New Zealand Diploma in Engineering (Level 6) with a strand in Mechanical Engineering has been added so Mechanical Engineering Technicians are eligible for a PSWV.

Removal of cap for Fishing Crew Work Visa

The government has agreed to remove the annual cap of 940 foreign workers able to obtain a Fishing Crew Work Visa.

From 2 December 2024, employers can hire more migrants to fill skill shortages on fishing vessels when they don’t have enough qualified and experienced New Zealanders to do to the work.

Employers will still be required to obtain approval in principle from Immigration New Zealand (INZ) if they wish to recruit 7 or more overseas crew members for a single vessel.

INZ has worked with the industry to pause the current allocation process for the upcoming cap year (31 October 2024 to 31 October 2025).

Removing the cap will bring immediate relief to the seafood industry, which employs over 12,000 people and earned over NZD 2 billion from exports for the year ending June 2024. 89 per cent of the seafood workforce are New Zealand nationals.

11/22/24

Automated decisions possible for EU citizens who register their right of residence based on work or studies 

The Finnish Immigration Service (Migri) has announced that, as of 21 November 2024, citizens of EU Member States, Switzerland or Liechtenstein can receive an automated decision on their EU registration application if they apply for the registration on the basis of work or studies in Finland.

An automated decision is a decision that is automatically made on an application. The automation is based on rules formulated by the Finnish Immigration Service. The system uses these rules to check whether the application meets certain requirements laid down in law. Only positive decisions are made automatically.

Applicants can receive an automated decision on their application if they meet the following conditions:

  • The application is submitted on or after 21 November 2024.
  • The application is submitted via the Enter Finland online service for registration on the basis of studies.
  • All the registration requirements are met. The application does not require case-by-case discretion.
  • The applicant does not have a non-disclosure for personal safety reasons.
  • The basis for the registration does not change during the processing of the application.
  • No family members are applying together with the applicant.
  • The applicant is at least 18 years old if they apply on the basis of work, or at least 16 years old if they apply on the basis of studies.
  • The applicant has already started their work or studies in Finland.
  • The applicant has provided a current document about their work or studies (such as an employment contract or a certificate of attendance from their educational institution).

Before an automated decision can be issued, the applicant must first visit a service point of the Finnish Immigration Service or International House Helsinki to prove their identity.

11/19/24

Pause in processing of work-based permits in January 2025

The decision-making on certain residence permit applications will be paused from 1 to 8 January 2025. The processing pause concerns the residence permit for an employed person and the residence permits for seasonal work where the permit period is at least six months.

The decision-making on first and extended permits will be on pause.

Holders of a current permit which is about to expire who require an extended permit, should submit an application as soon as possible.

The pause does not affect the submission of residence permit applications: Applications can be submitted normally through even during the pause period.

Permit holders should apply for an extended permit before their current permit expires. An application is considered to have arrived in time it is submitted via Enter Finland before the previous residence permit expires. However, it may take longer than normal for a decision to be issued.

Work permit services to be transferred from TE Offices to Finnish Immigration Service on 1 January 2025

The employment and economic development services in Finland are being reformed, and the interruption in decision-making on certain work-based permits in January permits the necessary changes in automation and data systems.

Until January, applications for a residence permit for an employed person and applications for a residence permit for seasonal work that exceeds six months have been processed in two stages: The TE Office has first issued a partial decision before forwarding the application to the Finnish Immigration Service for further processing. 

As of 1 January 2025, the Finnish Immigration Service will inspect and assess all the requirements for work-based residence permits all at once. The reorganisation of responsibilities aims to enhance the customer experience and to ensure a more seamless process.

11/8/24

Updated income requirements for residence permits

The Finnish Immigration Service has announced that new income thresholds for residence permit applicants will affect applications that are submitted on or after 1 November 2024.

The new income thresholds concern the following residence permits:

  • Residence permits for family members
  • Residence permit on the basis of established relationship
  • Residence permit for a person who has completed a degree or qualification or conducted research in Finland (for working or to start a business)
  • Residence permit for startup entrepreneurs
  • Residence permit for researchers with own funding

Background

Usually, the authorities can grant a residence permit only if the applicant has enough money ('sufficient financial resources') for living in Finland. Applicants are considered to have sufficient financial resources if their net earnings meet the required level, which is the income threshold in euros determined by the Finnish Immigration Service.

The most recent adjustments to the income thresholds were made in 2013, and the old thresholds did not correspond to the current costs of living. The old income thresholds were lower than the average income of beneficiaries of social assistance.

The amount of money that is required depends on where the applicant lives, since there is regional variation in housing costs. The income thresholds are now divided into three groups:

  • Helsinki metropolitan area: Espoo, Helsinki, Kauniainen, Vantaa
  • Other large municipalities: Hyvinkää, Hämeenlinna, Joensuu, Jyväskylä, Järvenpää, Kajaani, Kerava, Kirkkonummi, Kouvola, Kuopio, Lahti, Lappeenranta, Lohja, Mikkeli, Nokia, Nurmijärvi, Oulu, Pori, Porvoo, Raisio, Riihimäki, Rovaniemi, Seinäjoki, Sipoo, Siuntio, Tampere, Turku, Tuusula, Vaasa, Vihti
  • Other municipalities

The new income thresholds as of 1 November 2024 are as follows:

  1. Helsinki metropolitan area:

Person

€/month (net)

€/year (net)

1 adult

1,210

14,520

2nd adult living in the same household

610

7,320

1st child

610

7,320

2nd child

480

5,760

3rd child

360

4,320

4th child

360

4,320

5th child

360

4,320

 

The income threshold for a family increases by 360 euros per each child starting from the third child.

  1. Other large municipalities:

Person

€/month (net)

€/year (net)

1 adult

1,090

13,080

2nd adult living in the same household

550

6,600

1st child

550

6,600

2nd child

430

5,760

3rd child

320

3,840

4th child

320

3,840

5th child

320

3,840

 

The income threshold for a family increases by 320 euros per each child starting from the third child.

  1. Other municipalities:

Person

€/month (net)

€/year (net)

1 adult

1,030

12,360

2nd adult living in the same household

520

6,240

1st child

520

6,240

2nd child

410

4,920

3rd child

310

3,720

4th child

310

3,720

5th child

310

3,720

 

The income threshold for a family increases by 310 euros per each child starting from the third child.

Examples of income thresholds for families

  • For a family consisting of 1 adult and 1 child who live in Helsinki (group 1), the income threshold is EUR 1,210 + EUR 610 = EUR 1,820 per month.
  • For a family consisting of 2 adults and 2 children who live in Tampere (group 2), the income threshold is EUR 1,090 + EUR 550 + EUR 550 + EUR 430 = EUR 2,620 per month.
  • For a family consisting of 2 adults and 4 children who live in a municipality that belongs to group 3, the income threshold is EUR 1,030 + EUR 520 + EUR 520 + EUR 410 + EUR 310 + EUR 310 = EUR 3,100 per month.

Income thresholds for permits for studies, au pairing and working holiday as of 1 November 2024

  • For the residence permit for studies, the income threshold is 800 euros per month. This also applies to the residence permit issued to students who have graduated or to researchers for the purpose of looking for work or starting a business. Family members of students must meet the income thresholds listed in the tables.
  • The required income for a residence permit for au pairs (the amount of pocket money) is 340 euros per month.
  • The income threshold for a residence permit for working holiday is usually 2,450 euros for the first 3 months.

10/29/24

Updated online form for new employee announcements

Effective 31 October 2024, the employee announcement form in the Enter Finland for Employers online service will be updated. From that date, there will be a new and simplified employee announcement form, making it quicker and easier for employers to submit the announcement. Employers must submit an employee announcement when employing a person from outside the EU/EEA countries.

Employee announcements can be submitted using the online service Enter Finland for Employers. Due to the update, there will be a service break on 30 October 2024 between 17h00–23h00 approximately. During the service break, announcements cannot be submitted.

Once submitted, employee announcements are usually stored on the employer’s Enter Finland for Employers account for 30 days. Due to the update, announcements submitted on 30 October 2024 or earlier will disappear from the account. 

  • Employers who wish to see the announcements that they have submitted within the last 30 days must save them before the service break. 
  • If there are unsubmitted drafts of announcements on an account on 30 October 2024, they will disappear when the service break begins. 
  • Announcements submitted on 31 October 2024 or thereafter will remain on the account as usual for 30 days.

Private individuals who are employers but do not have a Business ID cannot use Enter Finland for Employers to submit their employee announcement. They do not need to submit an employee announcement if their employee is only now applying for a residence permit and they have already added or will add the terms of employment to the employee’s application.

Work permit services of TE (employment and economic development) Offices to be transferred to Finnish Immigration Service on 1 January 2025 

As of 1 January 2025, the Finnish Immigration Service will be responsible for all residence permit matters for employed persons. The changes are part of the overall reform of employment and economic development services in Finland

10/7/24

Longer period of residence required for citizenship

Effective 1 October 2024, the Citizenship Act has been amended such that the period of residence required for Finnish citizenship is now eight years.

In some cases, the required period of residence is shorter than eight years. For applicants who meet the language skills requirement, for example, the required period of residence will be five years.

The rules regarding residence abroad during the required period of residence have also changed. A total of 365 days abroad is now accepted as part of the required period of residence. Up to 90 of these days may be from one year immediately preceding the citizenship decision. For applicants who spend more time abroad, the exceeding days will not be counted towards their period of residence.

The processing of citizenship applications from beneficiaries of international protection and stateless applicants are now processed as urgent: a decision will be made within one year of the day when the application was submitted. 

For applicants who have been granted international protection, the period of residence will no longer be calculated from the day when the asylum application was submitted. Instead, the period of residence will be counted from the day when the applicant was granted a first continuous residence permit (an A permit).

Applications submitted before 1 October 2024 will be decided in accordance with the old version of the Citizenship Act. Applications submitted on or after 1 October 2024 will be decided in accordance with the new period of residence requirement.

Currently, there is backlog in the processing of citizenship applications. Approximately 28,000 citizenship applications are waiting for processing. There is a long waiting time because the number of incoming applications has been exceptionally high in recent years. 

Another reason for longer processing times in citizenship applications is that many applications do not meet the requirements.

The Finnish Immigration Service aims to clear the backlog of citizenship applications gradually by 2027.

Those applying online may be able to avoid a visit to a service point of the Finnish Immigration Service if:

  • they are at least 18 years old and apply for citizenship for themselves;
  • they submit the application via the Enter Finland online service ;
  • they use strong electronic identification, such as Finnish online banking credentials, to log in to the online service and;
  • they pay for the application before submitting it.

9/13/24

In-country residence permit applications restricted

Effective 1 September 2024, visitors to Finland can no longer apply for a residence permit from within the country.

Certain categories of applicant are exempt from this new rule and are permitted to apply to change their status from visitor to resident, including:

  • a family member of a Finnish citizen
  • someone applying for a residence permit for a child born in Finland;
  • someone applying for a residence permit for studies or a family member of a student;
  • those applying for a residence permit for a researcher or a family member of a researcher

As before, the following can be applied for only in Finland: an extended permit, a permanent residence permit, registration of an EU citizen, international protection, temporary protection, a residence permit for a victim of human trafficking, a residence permit due to misconduct of the employer and a residence permit on a discretionary basis on humanitarian grounds.

This requirement will also be applied to those applicants who submitted a residence permit application before the entry into force of the amendments on 1 September 2024 but have not yet received a decision.

9/9/24

Stricter identification requirements for residence permit applicants

The Finnish Immigration Service (Migri) has confirmed that, effective 1 September 2024, amendments to the Aliens Act have introduced stricter identification requirements for residence permit applicants.

Applicants for a residence permit must have a valid passport issued by their country of nationality. As of 1 September 2024, Migri cannot grant a residence permit if the applicant does not hold a passport issued by their country of nationality. Applicants who instead have a refugee travel document or an alien’s passport issued by Finland or some other country cannot obtain a residence permit in Finland.

The stricter requirement also applies to applications submitted before 1 September 2024 that are already being processed. 

Those who have been issued with an alien’s passport for the purpose of obtaining a passport from their country of nationality should make sure to obtain it as soon as possible.

Exceptions to the passport requirement on application for a first residence permit or an extended permit 

 

Migri will not reject a residence permit application because the applicant does not have a passport in the following cases:

  • The applicant is a child born in Finland.   
    • Migri will issue the child with an alien’s passport so that the child can obtain a passport issued by his or her country of nationality. 
    • If the child’s country of nationality has an embassy or a consulate in Finland, the child must primarily obtain a passport issued by his or her country of nationality.
  • The applicant needs a residence permit on a discretionary basis on humanitarian grounds.
  • The applicant is a victim of human trafficking.
  • The applicant is applying for asylum or temporary protection.
  • The applicant is applying for a residence permit as a family member of a person who has received international protection and the applicant is granted international protection.

Exceptions to the passport requirement on application for a permanent residence permit

Applicants for a permanent residence permit are not required to hold a passport issued by their country of nationality if they have previously been granted

  • international protection or temporary protection or
  • a residence permit when exclusion clauses have been applied. 

Applicants are not required to have a passport issued by their country of nationality if they can prove that they have tried to obtain such a passport, they have presented reliable proof of their identity and they have previously received a residence permit despite not having a passport

  • due to obstacles to leaving the country 
  • on a discretionary basis on humanitarian grounds 
  • as a victim of human trafficking
  • as a third-country national who has resided and worked in the country illegally
  • as a foreign national in a witness protection programme.

Additionally, applicants still need to meet the requirements for the permit.

A permanent residence permit can also be granted when the applicant does not have a passport if there are exceptionally serious grounds for it or if it is in the best interest of the child.

The Ministry of Interior announced the stricter requirements in July 2024.

Forthcoming increases in income required for residence permit applications

The Finnish Immigration Service (Migri) has announced that the income thresholds determined by the Finnish Immigration Service will increase on 1 November 2024 and will apply to applications submitted on or after that date.

The new income requirements for work-based permits are as follows:

Family size

Current income threshold

Income threshold as of 1 November 2024

 

€/month

€/year/
person

€/month

€/year/
person

€ month/year (the whole family)

1 adult

1000

12,000

1210

14,520

1210 / 14,520

2nd adult living in the same household

700

8400

610

7320

1820 / 21,840

First child

500

6000

610

7320

2430 / 29,160

Second child

400

4800

480

5760

2910 / 34,920

Third child

300

3600

360

4320

3270 / 39,240

Fourth child

200

2400

360

4320

3630 / 43,560

Fifth child

100

1200

360

4320

3990 / 47,880

 

  • The income threshold increases by 360 euros per each child starting from the third child.
  • The sums presented in the table are net earnings.

For students, the income threshold is currently EUR 560 per month. Effective 1 November 2024, the threshold for students will be EUR 800 per month. The same income threshold will be applied to the residence permit issued for a student or researcher to look for work or to start a business. The income thresholds applicable to family members of students will increase as presented in the table above.

The income threshold for au pairs (the amount of pocket money) is currently EUR 280 per month. Effective 1 November 2024, the income threshold for au pairs will be EUR 340 per month.

The income threshold for working holiday applicants is currently EUR 2000 for the first three months. Effective 1 November 2024, the income threshold for working holiday applicants will be EUR 2450 for the first three months

7/5/24

Stricter requirements for acquiring Finnish citizenship

Effective 1 October 2024, the period of residence required for Finnish citizenship will be extended from the current five years to eight years. In addition, only time lived in Finland under a residence permit will be taken into account when calculating the period of residence.

Government proposals for tightening the requirements related to integration and livelihood and introducing a citizenship test will be submitted to Parliament in autumn 2024 and spring 2025, respectively. 

In future, the extension of the required period of residence will also concern beneficiaries of international protection. In other words, once the amendment is in force, it will no longer be possible to derogate from the requirement on grounds of international protection. However, citizenship applications made by beneficiaries of international protection will be considered urgently, with the decision on granting citizenship made no later than one year after the applicant submitted their application.

Under this amendment, the residence requirement for children aged 15 or over, spouses of Finnish citizens, stateless persons and applicants meeting the language proficiency requirement will be extended to five years from the current four. The two-year residence requirement for Nordic citizens and spouses of persons working at Finnish missions abroad will remain unchanged.

Moreover, any stays in Finland without a residence permit will no longer be taken into account, in full or in part, under any circumstances when determining the period of residence. Similarly, the applicant's age, state of health or other comparable reason will no longer be grounds for approving a period of residence without a residence permit.

Only periods of residence with a residence permit will be taken into account when determining an applicant’s period of residence. This means that the time taken to process an asylum application will no longer count towards the period of residence. For beneficiaries of international protection in Finland, the approved period of residence will begin when they are issued a residence permit. 

The reform will also shorten the periods of absence that can be included in the continuous period of residence. During the entire continuous period of residence, the applicant may stay abroad for one year in total, and no more than three months of this period may take place during the year preceding naturalisation. The goal is to ensure that applicants receiving Finnish citizenship are actually living in Finland.

In 2023, altogether 11,594 people were granted citizenship based on an application. The extension of the residence requirement for citizenship will potentially apply to about 10,000 people each year.

Legislative amendments preventing evasion of entry rules

Effective 1 September 2024, new legislative amendments will prevent the evasion of provisions on entry more effectively than before.

The existing provision, which is subject to interpretation, will be replaced by new, more specific regulation. The Aliens Act will specify each situation in which a residence permit must be refused, including provision of false information, irregular stay, working illegally in Finland and marriage of convenience.

The amendments are intended to stop the practice of switching from an asylum procedure to a work-related immigration procedure in order to apply for a residence permit. Applicants for international protection or persons whose application has been rejected can no longer obtain a residence permit on the basis of employment, self-employment or studies.

This will prevent cases where an applicant applies for asylum with the sole aim of finding employment or studying in Finland.

With the amendment, applicants for a residence permit must verify their identity with a national travel document, with certain exceptions.

Biometric data may, in future, be added to alerts on return and on refusal of entry and stay stored in the Schengen Information System. This will improve the ability of the authorities to verify the identity of the person subject to the alert or to identify the person. 

Alerts help the authorities ensure that the obligation to return has been complied with, support the enforcement of return decisions and prevent persons from returning to the Schengen area if they are subject to an entry ban.

 

6/24/24

Automated post-decision monitoring of specialists’ residence permits

The Finnish Immigration Service (Migri) has announced that it will start using automated post-decision monitoring of specialists’ residence permits from 17 June 2024.

The purpose of automated post-decision monitoring is to verify whether the holder of a residence permit for a specialist still meets the requirements for the permit. This post-decision monitoring initiative covers residence permits for a specialist issued on or after 1 January 2023.

A residence permit for a specialist can be granted to a person who arrives in Finland to work in an expert position that requires special expertise and meets all the permit requirements. Post-decision monitoring will focus on the key requirements for the permit. The Finnish Immigration Service will verify whether the specialist has been paid a salary that meets the income requirement, for example.

Automated post-decision monitoring is already being used to monitor the permits of students and startup entrepreneurs. Expanding the scope of post-decision monitoring to cover work-based residence permits is part of the Government’s action plan against labour exploitation.

6/7/24

Government proposes to increase income threshold for residence permits

On 6 June 2024, the government submitted a proposal to parliament that those arriving in Finland with a residence permit for employment should receive a monthly pay of at least EUR 1600. If the proposal is accepted, the amendments are scheduled to enter into force on 1 November 2024.

The income limit refers to the pay that a person must receive for work that they arrive in Finland to do. Other income is not included in the income limit. The income limit of EUR 1,600 corresponds with the minimum pay for full-time work based on collective agreements in several sectors where work-based immigration is needed.

A residence permit for an employed person currently requires payment in accordance with a collective agreement or the lower limit of the requirement for sufficient financial resources, that is, approximately EUR 1400. The pay must comply with the collective agreement in future too. However, the suggested EUR 1600 would be the minimum below which a residence permit for an employed person could not be granted.

All employees in sectors or groups of experts for which no separate residence permit exists apply for a residence permit for an employed person. Typically, these people are skilled workers. In 2023, around 13,000 persons applied for their first residence permit for an employed person and it was granted to approximately 10,000 people.

5/31/24

Application forms for work-based residence permits on Enter Finland to be updated on 5 June 2024

The Finnish Immigration Service (Migris) will update the online application forms for work-based residence permits on Enter Finland on 5 June 2024 from 17:00 to 23:50 (Finnish time). Enter Finland will be out of service during this update.

Application drafts that have been created before the update but have not been submitted will disappear from the service as a result of the update. Applicants who have a draft that they wish to submit should complete and submit the application before 17.00 on 5 June. Otherwise, they will have to restart and complete the entire application again after the update.

The update concerns the following residence permits:

  • Residence permit for an employed person ('TTOL')
  • Residence permit for a specialist
  • EU Blue Card
  • Residence permit for a person who has completed a qualification or degree or conducted research in Finland
  • Residence permit for a researcher
  • Residence permit for internship
  • Residence permit for working holiday
  • Residence permit for work in the top or middle management of a company
  • Residence permit for a specialist, manager or trainee on the basis of intra-corporate transfer (‘ICT residence permit’)
  • Residence permit for a consultant
  • Residence permit for an athlete or a coach
  • Residence permit for work in the field of culture or the arts
  • Residence permit for work in the field of mass media
  • Residence permit application for voluntary work
  • Residence permit for a visiting teacher, lecturer or instructor 
  • Residence permit for work in the service of a religious community
  • Residence permit for work in an international organisation or in duties concerning official cooperation between states
  • Residence permit for preparation of a company’s establishment in Finland and for supervision of orders
  • Residence permit for delivery of a machine or system
  • Residence permit for work that is part of an intergovernmental agreement

The update only concerns online application forms via Enter Finland.  Printable paper application forms for these permits will remain unchanged. The update does not affect application processing.

5/17/24

Updated salary requirement for EU Blue Card holders

Effective 13 May 2024, the salary requirement for an EU Blue Card as a highly-qualified worker will be lowered to the same level as that for a residence permit as a specialist. In 2024, the required monthly salary is EUR 3638.

Foreign nationals can apply for an EU Blue Card in Finland if

  • they are coming to Finland for highly qualified employment (as a highly skilled worker);
  • their salary is at least EUR 3638 in 2024; and
  • they have completed a higher education degree that takes at least three years to complete, or they are a highly skilled worker.

Applicants must have confirmed employment lasting at least six months before applying for the permit.

An EU Blue Card can be granted for a maximum of two years. If the work lasts for less than two years, the EU Blue Card will be valid for the duration of the employment relationship and for three additional months thereafter.

5/6/24

Automated decisions possible for some citizenship applications

On 2 May 2024, the Finnish Immigration Service (Migri) will start issuing automated decisions on certain citizenship applications.

An automated decision is a decision that Migri’s system automatically makes on an application. The processing of an application may involve automated steps and steps taken by Migri specialists.

Migri’s system makes an automated decision only where this is possible under law. Automation is based on the rules formulated by the Finnish Immigration Service. The system uses these rules to check whether an application meets the requirements laid down in law.

Applicants can receive an automated decision on their application if they meet the following conditions:

  • They have submitted the application and paid the processing fee via Enter Finland ;
  • they submitted the application on or after 2 May 2024;
  • they have completed the application with due care and have submitted all the required information and attachments;
  • they meet all the requirements for acquiring Finnish citizenship. The application does not require individual assessment, such as granting an exemption from a requirement;
  • they are at least 18 years old;
  • they have not added any co-applicants to the application;
  • they do not have a non-disclosure for personal safety reasons (dvv.fi)
  • Migri does not need to ask for additional information from other authorities to process the application
  • they hold the citizenship of a country other than Finland.

If the citizenship application cannot be decided using automation, applicants will receive a decision in accordance with the normal, manual process.

Service points and telephone service of the Finnish Immigration Service closed from 7 to 9 May 2024

All service numbers and service points of the Finnish Immigration Service are closed from 7 to 9 May 2024.

Most applications can be submitted using the online service Enter Finland. Applicants can also use Enter Finland to check the status of their application. Applications becomes pending when submitted in Enter Finland. Applicants then have three months to visit a service point to prove their identity.

Residence permit or travel document expiring on 7–9 May 2024

Applicants can submit their residence permit application online via Enter Finland and prove their identity at a service point later. They can book an appointment for their visit or take a waiting number at the service point. The following permits cannot be applied for via Enter Finland:

  • residence permit on the grounds of Finnish origin
  • residence permit on other grounds.

Extended permit or new residence permit card applications

Visiting a service point is not always required if an online application is submitted via Enter Finland using strong electronic identification (online banking credentials, citizen certificate or mobile certificate) to log in. After the application is submitted, Enter Finland will inform the applicant whether or not they need to visit a service point.

Those applying for a residence permit card on the basis of temporary protection should use Enter Finland to submit an online application. If they cannot apply online, they should submit the application at a service point during opening hours.

4/26/24

Automated decisions to renew residence documents available for some applicants

Effective 25 April 2024, the Finnish Immigration Service (Migri) has introduced automated decision-making in renewing residence permit cards and residence cards.

An automated decision is a decision that Migri’s system automatically makes on an application. The processing of the application may involve automated steps and steps taken by Migri specialists.

The system makes an automated decision only where this is possible under law. Automation is based on the rules formulated by the Finnish Immigration Service. The system uses these rules to check whether an application meets the requirements laid down in law.

A card may be renewed automatically if the holder meets the following conditions:

  • They hold a permanent residence permit or a permanent residence card for an EU citizen’s family member;
  • Their right of residence is not based on the withdrawal agreement conducted between the European Union and the United Kingdom (meaning that you do not have a Brexit permit);
  • They have applied for a new card on 25 April 2024 or thereafter;
  • They have submitted all the information and documents required for renewing the card;
  • They do not have a non-disclosure for personal safety reasons.

Automated post-decision monitoring of startup entrepreneurs’ residence permits to begin

The Finnish Immigration Service (Migri) has announced that it will begin using automated post-decision monitoring of start-up entrepreneurs' residence permits on 24 April 2024. The purpose of post-decision monitoring is to verify that start-up entrepreneurs still meet the permit requirements.

A residence permit for a start-up entrepreneur can be granted to a person who establishes a start-up company or owns a recently founded company that aims for growth. Before applying for the permit, the entrepreneur must first obtain a positive eligibility statement from Business Finland. The Finnish Immigration Service will conduct automated monitoring of start-up entrepreneurs' residence permits that have entered into force on 1 January 2023 or later.

Post-decision monitoring focuses on the key requirements for the residence permit for start-up entrepreneurs. One of the monitored parameters is whether the entrepreneur has moved to Finland. Migri may conduct automatic register checks in a selection of national registers, including the registers of Kela, the Incomes Register and the Population Information System of Finland.

The Finnish Immigration Service has carried out post-decision monitoring since 2017. Automated post-decision monitoring was used for the first time in the autumn of 2023 to help monitor students’ residence permits.

3/2/24

Thailand applications for wild berry picker visas suspended

The Ministry for Foreign Affairs has decided to suspend the reception of wild-berry pickers’ visa applications in Thailand. The suspension applies to all applicants in countries within the consular district of the Embassy of Finland in Bangkok: Thailand, Cambodia and Myanmar. This means that Schengen visas will not be issued to wild-berry pickers from these countries for the summer 2024 harvest season.

Visas for wild-berry picking have been issued on the assumption that pickers enter the country for a purpose comparable to tourism, collect wild berries freely under the right of public access (‘Everyman’s Right’) and sell the natural products that they have harvested to the party of their choice. However, it is evident that the current practice in the sector contradicts this assumption. It has come to the Foreign Ministry’s attention that wild-berry pickers have generally entered into employment contracts.

The charges and suspicions related to aggravated trafficking in human beings involve hundreds of victims. The clear and serious risk of exploitation and trafficking of human beings must be taken into account when visa applications are considered. As the visa authority and the authority guiding the issuing of visas by the missions, the Ministry for Foreign Affairs takes the exploitation of Thai wild-berry pickers very seriously.

The Government’s aim is to find a comprehensive long-term solution to the entry of wild-berry pickers into Finland from the 2025 harvest season onwards.

Visa applications of applicants other than berry pickers will continue to be received and processed as usual at the Embassy of Finland in Bangkok, and the applications will be individually processed in accordance with the Visa Code.

2/9/24

No more service point visits for child applications

The Finnish Immigration Service (Migri) has announced that children (aged under 18 years) are no longer required to visit a service point when applying for an extended permit, a new residence permit card or a new residence card via the Enter Finland account of their parent or guardian.

The parent or guardian must use strong identity authentication to access Enter Finland and must include the child’s customer number when completing the child’s application.

To avoid having to visit a service point, the application must be for one of the following reasons:

  • The card will expire soon;
  • The card is lost or stolen;
  • The card is so worn out that the information on it is unreadable;
  • A passport containing a residence permit sticker is about to expire.

1/5/24

Increased financial requirement for Schengen visas

Effective 1 January 2024, Finland has increased the daily financial requirement for short-stay visitors to EUR 50 per day of stay (previously EUR 30). This financial requirement applies to visits of no more than 90 days. The financial requirement is raised as it has been lagging behind the cost of living.

Also effective 1 January 2024, Finland has introduced a proof of sponsorship and/or accommodation form, which allows visa applicants to finance their visit using the funds of the inviting party. This applies Article 14.4 of the EU’s Visa Code.

With the introduction of the proof of sponsorship, the fact that a Finnish citizen or a person residing in Finland with a residence permit undertakes to finance the travel of the visa applicant may be taken into account in the visa consideration. The inviting party must fill in a proof of sponsorship form to be attached to the visa application.

 

Increased processing fees

The Finnish Immigration Service (Migri) has announced an increase to certain of its processing fees, effective 1 January 2024.

The key changes are as follows:

  • The processing fees for permanent residence permits will be different depending on whether you apply online in Enter Finland or submit a paper application. The fee for an online application for a permanent residence permit will be EUR 220. The processing fee for a paper application will be EUR 270. Before the changes, the fee was EUR 160 for both paper and online applications.
  • The processing fee for a citizenship application submitted online will be EUR 490. Previously, the fee was EUR 460.
  • The processing fee for an online application for a first residence permit for an employed person will be EUR 540. Previously, the fee was EUR 490. 
  • The processing fee for an online application for an extended permit will be EUR 170. Previously, the fee was EUR 160. 
  • The fee for renewing a residence permit card will be different depending on whether you submit the application online in advance or apply for a new card at a service point without having filled in an application form beforehand. The processing fee for an online application will be EUR 60. Without an online application, the processing fee will be EUR 75. Previously, the fee was EUR 54 in both cases.

12/15/23

Processing backlog in family applications

The processing of application files on the basis of family ties is currently backlogged. Currently, around 11,800 applications are awaiting a decision.

The Finnish Immigration Service (Migri) notes that the number of applications has increased dramatically over the last two years. In 2021, there were around 26,000 applications based on family ties, whereas in 2022 the figure was around 32,000. This year, the number of pending applications is expected to rise to 40,000. The increase in applications is around 50% compared to 2021.

However, Migri claims that the backlog does not affect the majority of applications based on family ties. In 2023, more than 60% of applications based on family ties have been decided in less than three months and 76% will be decided in less than six months from the date of application.

The majority of applicants have received a positive decision. In 2022, a total of 17,476 decisions were taken on first residence permits based on family ties and 11,589 decisions on subsequent permits, totalling around 29,000 decisions. In 2023, around 35,000 decisions have already been made, and for the year as a whole, the estimate is 37,500 decisions. Of these, the proportion of positive decisions is around 93% for the first permits and around 96% for subsequent permits

Migri offers the following reminders for applicants for a residence permit on the basis of family ties:

  1. Fill in the application carefully. 
  2. Have documents legalised before submitting the application. 
  3. If there are any changes in the family relationships, inform the Finnish Immigration Service. 
  4. Remember to renew the passport if it is about to expire.

12/8/23

Appointment booking update

Appointments can now be booked for identity checks at service points in early 2024 for applicants for new residence cards or for Finnish citizenship.

From 2 January 2024, the time required for renewing a residence card, applying for citizenship or submitting a citizenship application at the service point will be 20 minutes. Until the end of 2023, 30 minutes must be allowed for these applications.

Applicants should note that applying for a new residence card is different from applying for an extension. An application for a new residence card can be made in the following cases:

  • Permanent residence permit (P) holders whose residence card is about to expire or has expired; or
  • valid residence permit (A, B or P permit) holders if
    • the residence card is lost; or
    • the residence card is damaged and illegible; or
    • the personal data on the residence card have changed.

Applicants should complete the application form in advance using the Enter Finland e-service.

  • Those who log in to Enter Finland with, for example, their online banking credentials don't necessarily need to visit a service point.
  • Those applying for citizenship who cannot use Enter Finland should complete a paper application before visiting the service point. Applications for the residence card renewal are available online only.

Appointments should be booked via the appointment service.

The appointment service will be updated on 2 January 2024. After that, all appointments for the renewal of the residence permit card, the citizenship application or the citizenship declaration will be 20 minutes.

10/20/2023

Pilot of automated decision-making for residence permits for study

Effective 19 October 2023, the Finnish Immigration Service (Migri) has started using automated decision-making in the processing of residence permits for study. Negative decisions and decisions that require individual consideration are not issued automatically.

Migri issues an automated decision if the application meets all the requirements for issuing the permit, including proof of identity in person and payment of the processing fee. The full list of requirements is here.

Migri is first testing automated decision-making with residence permit applications submitted by degree students at universities and by all exchange students. Based on the results, automation will later be expanded to include other customer groups.

Automated processing is intended to standardize the processing of applications and to free up specialists’ time to work on cases which need individual consideration or further clarification. Migri aims at an average processing time of no more than one month for residence permits for employed persons and students.

10/13/23

Extension of temporary protection

Finland is implementing the extension of the temporary protection mechanism agreed by the Council of the European Union on 28 September 2023.

The temporary protection mechanism was originally activated on 24 February 2022 and will now be extended until 4 March 2025.

According to the decision of the Council of the European Union, the extension of temporary protection applies to

  • Ukrainian citizens and family members of Ukrainian citizens who resided in Ukraine on 24 February 2022;
  • Those who were granted international protection in Ukraine before 24 February 2022 or who are a family member of a person who was granted international protection in Ukraine;
  • Those who resided in Ukraine with a permanent residence permit on 24 February 2022 and who cannot return to their home country or region of origin in safe and durable conditions.

In March 2022, the Finnish government extended temporary protection to 

  • Ukrainian citizens who had left Ukraine before the start of the war and
  • third-country nationals who were residing in Ukraine with a non-permanent residence permit. The decision concerning these third-country nationals was repealed by decision of the Government on 7 September 2023. Third-country nationals are citizens of countries that have not joined the European Union or the Schengen Agreement. 

In the next few weeks, the government will decide whether to continue granting temporary protection to these persons as well.

Qualifying residents whose residence permit on the basis of temporary protection is extended will be sent a letter containing information about the extension. Current holders should make sure that their reception centre has their current address, telephone number and email address. If they are not registered as client of a reception centre, they should make sure that the Finnish Immigration Service has their contact details.

They will also receive a text message stating that their permit has been extended. The message will be in Finnish and English. It will contain a link to our website: migri.fi/uk/timcasovij-zahist. The sender of the message is ‘Migri’.

If the permit is not extended, the authorities will send a letter with further instructions. It is not currently possible to apply for a new card that is valid until 4 March 2025.

 

9/29/23

Automatic post-decision monitoring of student residence permits

Effective 28 September 2023, the Finnish Immigration Service will carry out post-decision monitoring of the residence permits of degree-level students to check whether the holder still meets the requirements for the permit.

Holders of residence permits granted since 1 June 2022 will be monitored to check whether they have started their studies, are making progress in their studies and have a valid right to study, among other criteria.

The automatic post-decision monitoring is based on automatic register checks. The Finnish Immigration Service can run register checks on different national registers, such Kela’s register, the Finnish National Agency for Education’s Koski register, and the Population Information System registers. Based on the results of the register checks, officials of the Finnish Immigration Service will assess whether the requirements for a residence permit are still met and decide whether to withdraw the permit, on a case-by-case basis.

If a permit holder’s residence permit is withdrawn, the holder has 30 days from the date they receive the decision to request a review of the decision. Usually, the holder’s right to work remains, and they can reside in Finland until their request for review is processed.

The legislation covering students’ residence permits was amended in 2022, so that a residence permit for studies is granted for the entire duration of the studies and students do not necessarily need to apply for an extended permit at any point. Before the legislative amendments, the requirements for the permit were checked when students applied for an extended permit.

9/22/23

Immigration service points can now be used by citizenship applicants and new Enter Finland users

Effective immediately, individuals can avoid visiting a service point of the Finnish Immigration Service in more circumstances.

Customers are no longer required to visit a service point to prove their identity if they use Enter Finland

  • to apply for Finnish citizenship (and their children are not applying at the same time); or
  • to apply for an extended permit, a new residence permit card or a new residence card and they submit the application from a new Enter Finland account (i.e. a first-time online application).

Previously, avoiding a visit to a service point has been possible for customers who apply for an extended permit, a new residence permit card or residence card if they have had an Enter Finland account and have previously used it to submit an application.

To avoid visiting a service point, applicants must log in to Enter Finland using strong authentication (using their Finnish online banking ID, mobile certificate or citizen certificate). If they have previously created an account with an email address, they should change the login method to strong authentication. They must also submit a photograph retrieval code from the photo shop where they had their passport taken (if relevant) and pay the processing fee before sending the application.

9/15/23

Certain non-EU nationals no longer eligible for temporary protection

Effective 7 September 2023, Finland will not issue residence permits on the basis of temporary protection to third-country nationals and stateless persons who have resided in Ukraine on the basis of a temporary residence permit. Third-country nationals are citizens of countries that have not joined the European Union or the Schengen Agreement.

The change does not apply to

  • Ukrainian citizens and their family members;
  • Persons who have been granted international protection in Ukraine and their family members; or
  • persons who have resided in Ukraine with a permanent residence permit if they are unable to return to their home country in safe and durable conditions.

The change applies to applications for temporary protection that have been submitted on 7 September 2023 or later. The Finnish Immigration Service will decide applications submitted before 7 September 2023 in accordance with the previous decision-making practice.

Residence permits already granted in Finland on the basis of temporary protection are valid until 4 March 2024.

Third-country nationals and stateless persons applying for temporary protection in Finland must show proof of their family ties to a Ukrainian citizen or that they have been granted international protection in Ukraine, that their family member has been granted international protection in Ukraine or that they have a permanent residence permit in Ukraine.

For example, they can show their marriage certificate, a birth certificate for a child who is a Ukrainian citizen, a certificate of refugee status issued by Ukraine or a permanent residence permit granted in Ukraine.

For those who have resided in Ukraine with a permanent residence permit, the Finnish Immigration Service (Migri) will investigate whether they can return to their home country in safe and durable conditions. If it cannot be assessed whether the applicant is able to return to their home country, Migri will advise the applicant to apply for asylum.

Close Open Finland/Canada

3/8/24

New youth mobility agreement 

Immigration, Refugees and Citizenship Canada (IRCC) and the Ministry of Economic Affairs and Employment of Finland have announced that the Canada–Finland Youth Mobility Agreement, signed on 19 May 2023, took effect on 1 March 2024.

This agreement will allow Canadian and Finnish nationals aged 18 to 35 to work and travel in each other’s country.

International Experience Canada (IEC) enables working holidays between Canada and over 35 partner countries. Citizens of partner countries who do not have a job offer but want to work in more than one location and/or for more than one employer in Canada may qualify for an open work permit.

Finland already has working holiday agreements in place with Australia (2002), New Zealand (2004) and Japan (2023). An individual applicant may be granted a residence permit on the basis of the agreement once on each of the three grounds (working holiday agreement, work or internship). Each time, a residence permit can be granted for up to a year

 

Close Open France

April 2025 - Changes in the French language assessment for nationality and long-term residence

From 12 May 2025, the TCF Integration, Residence and Nationality (IRN) test will allow candidates to be evaluated up to level B2.

Following the promulgation of Law No. 2024-42 of January 26, 2024, the new government requirements for mastery of French are evolving and will be applied by the authorities no later than 1 January 2026:

  • For naturalization, a B2 level will be required (currently B1 required);
  • For a resident card, a B1 level will be required (currently A2 required);
  • For a multi-year residence card, an A2 level will be required (currently none required).

To anticipate these new requirements, the TCF IRN is adapting and allowing candidates to be evaluated up to level B2 from 12 May 2025.

Only the comprehension tests undergo modifications:

  • The listening test will increase from 20 to 25 questions and from 15 to 20 minutes;
  • The reading test will increase from 20 to 25 questions and from 20 to 35 minutes.

TCF IRN B1 certificates are valid for naturalization until the promulgation of the decree (date of publication unknown to date).

For other applications (resident card and multi-year residence card), these certificates remain valid until their expiry date.

11/8/24

Minimum wage increased

A 2% increase in the minimum wage took effect on 1 November 2024.

The gross annual minimum wage is now EUR 21,621.60.

As a result, the following thresholds for various immigration statuses are also modified:

  • Talent Passport - Employee on assignment: EUR 38,918.88
  • Talent Passport - Qualified employee/Employee of a JEI/Employee of an innovative company: EUR 43,243.20
  • Talent Passport - Company director: EUR 64,864.80
  • Talent Passport – New business: EUR 21,621.60 (sufficient financial means).

The minimum salary for an EU Blue Card remains unchanged at EUR 53,836.50.

8/2/24

Contract of commitment must now be signed by residence applicants

Among several decrees issued on 14 and 16 July 2024 which implement the Immigration Law of 26 January 2024, one requires residence applicants to sign a contract stating that they undertake to respect the principles of the French Republic.

These principles include:

  • personal freedom;
  • freedom of expression and conscience;
  • gender equality;
  • respect for the dignity of all human beings without discrimination of any kind;
  • the principle of secularism;
  • the currency and symbols of the Republic.

Effective 17 July 2024, the Republican Integration Contract (CIR) must be signed and is valid for a period of one year.

Signatories agree to respect the principles and values of the French business and the French Republic and to follow with seriousness and diligence the training which are requested of them.

The CIR is the first stage of their integration pathway in France which includes the following actions:

  • Civic training on the values, principles and institutions of the French Republic, on the rights and duties linked to life in France and on the organization of the French business
  • Language training
  • Career guidance advice and support to help find a job
  • Support adapted to their needs to facilitate their conditions of reception and integration.

More information is available here.

 

5/17/24

Residence permit holders will receive expiry notifications

The Directorate General of Foreigners (DGEF) has launched a new digital notification system to help residence permit holders to remember to renew their permission on time.

Foreign nationals holding a residence permit issued as part of an application submitted online via the ANEF system will be alerted simultaneously by email and SMS of the imminent arrival of the period within which their renewal application must be submitted.

The system will send out two sets of notifications – the first four months before expiry and the second two months and one week before expiry.

Residence permit holders must apply for renewal no earlier than four months and no later than two months before the expiry of the permit. A renewal request after the expiry of this period is subject to a late payment fee of EUR 180.

3/1/24

New immigration law takes effect

On 26 January 2024, the new law “controlling immigration while improving integration” was enacted by the President.  

This law aims to strengthen the integration of foreign citizens in three ways: learning and mastering French, respecting the principles of the Republic, and integration through work. 

The changes include: 

  • The modification of the designation of the residence permit “talent passport” to “talent residence permit” in order to limit the confusion caused by the use of the word “passport”;  
  • The merger of residence permits issued for the purposes of new business, innovative business projects, and business investor into a single residence permit called “innovative business project”.   
  • The merger of residence permits issued to young, qualified graduates, employees of an innovative new company and employees on assignment into a single residence permit called “talent-qualified employee”;   
  • The creation of a new residence permit for medical professionals called “medical and pharmacy professional talent”; 
  • Enhancement of French language learning. Proficiency levels in French are specified for different types of residence permits. Companies are encouraged to contribute to the linguistic training of their foreign employees; 
  • A new regularization pathway is introduced for illegal immigrant workers in sectors facing labour shortages; 
  • Improvements for issuing residence permits will be based on a comprehensive experimentation of applications. Three regional platforms will be launched for pre-instruction of residence permits and renewal will be simplified through the Digital Administration for Foreign nationals in France by 2025;
  • Sanctions for the employment of foreign workers without proper work permits are increased.

1/27/24

New immigration law published

On 27 January 2024, the new immigration law took effect.

The principle changes affecting work immigration include:

  • A new residence permit for health care professionals;
  • French language proficiency requirements for certain residence categories;
  • Limited renewals in certain residence categories;
  • Stricter family reunification rules;
  • A temporary (until the end of 2026), new, one-year (renewable) residence permit category for foreign workers in France who are undocumented and have been resident in France for at least three years, and employed for at least 12 of the previous 24 months. This category regularizes certain undocumented workers and allows them to work in sectors and areas which are experiencing labour shortages.

A clause providing British nationals owning a second-home in France with an automatic long-stay visa was rejected by the Constitutional Court on 25 January 2024, along with 31 other provisions of the new law.

Nationality application now online

Effective 6 February 2024, foreign nationals can apply directly for French nationality online.

It is no longer necessary to travel to the prefectural office to submit an application, or to send the application by post.

Applicants can track the progress of their application online and upload any additional documents supporting required. It will only be necessary to appear in person for an integration interview during processing, and for the welcome ceremony if the application is successful.

Close Open France/United States

12/1/23

Mutual visa agreement for investors

Effective 16 November 2023, a new visa and residence permit mechanism for French and US investors allows US investors and their family members to access a fast-track process for obtaining visas and four-year “passeport talent” residence permits.

At the same time, French citizens wishing to invest in the US are now eligible for US Treaty Trader (E-1) and Treaty Investor (E-2) visas valid for four-years, up from 25 months.

"Passeport talent" residence permits allow stays of up to four years for highly-qualified employees, intra-company transferees, employees of “new innovative enterprises”, business creators, investors and performers, among others.

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation, including France. Applicants must be going to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital; or to fill an executive/supervisory role or provide skills essential to the operations of a firm that qualifies as an E-1 or E-2 business.

Close Open Hong Kong

March 2025 - Government launches Immigration Facilitation Scheme for Invited Persons

On 18 March 2025, the government launched the Immigration Facilitation Scheme for Invited Persons to provide more convenient immigration arrangements for invited persons from the Association of Southeast Asian Nations (ASEAN) countries, in order to promote economic and trade exchanges and cultural co-operation between Hong Kong and ASEAN.

Currently, frequent travellers to Hong Kong can apply for self-service immigration clearance. Among the 10 ASEAN countries, visitors from Cambodia, Laos, Myanmar and Vietnam need a visa for visiting Hong Kong.

Under the Scheme, relevant policy bureaux/departments will actively invite ASEAN nationals who are able to make considerable contributions to Hong Kong's economic development or who have been invited to attend important events in Hong Kong to enjoy the facilitation. The Immigration Department (ImmD) will provide one-stop processing of relevant applications from invited persons through an electronic platform, relax the application criteria for self-service immigration clearance and simplify the information required for visa applications.

Details of the new facilitations are shown in the below table from the Immigration Department website

Facilitation Details
Multiple-journey visit visa
with an extended period of stay per visit (2 months) under relaxed application requirements
Extended period of stay per visit
-    Invited persons will enjoy an extended period  of stay (i.e., 2 months) per visit on the strength of a multiple-journey visit visa.

Relaxed application requirements
-    Online submission with relaxed requirements on travel history and supporting documents.
Using the e-Channel under relaxed enrolment requirements Relaxed criteria for using the e-Channel
-    Under normal circumstances, only persons meeting certain requirements (e.g. being a frequent visitor to Hong Kong) can apply for using the e-Channel at control points in Hong Kong.
The concerned criteria have been waived for invited persons so that they are eligible to enrol for the e-Channel service (subject to holding a passport valid for at least 6 months).
Status valid for 3 years “Invited Person Status” valid for 3 years
-    Apart from the multiple-journey visit visa, invited persons will be issued with an “e-Card” for enjoying facilitation during immigration clearance at control points of Hong Kong (i.e. using the courtesy channels and enrolling for the e-Channel service). Both the “e-Visa” and the “e-Card” will be valid for 3 years.

 

Note that the period of stay for nationals of Brunei Darussalam, Malaysia, and Singapore, who are currently enjoying a visa-free period of 90 days on each visit, will remain unchanged.

Feb 2025 - New application fee and raised visa fee for talent and capital investment admission schemes introduced

The 2025-26 Budget announced that a new application fee will be introduced under various admission schemes to attract talent and capital investors, and the visa/entry permit issuance fees for approved applications will be raised based on the length of the limit of stay to peg to their costs and reflect the "user pays" principle.

The government has announced that, to implement these fees, the Immigration (Amendment) Regulation 2025 has been published in the Gazette and came into effect from 11am on 26 February 2025.

With effect from that time, principal applicants under specified admission schemes and their dependants are required to pay an application fee of HKD 600 for each application under a specified admission scheme for entry, change of conditions of stay or extension of limit of stay.

In addition, the visa/entry permit fee for an approved application is increased, based on the length of the limit of stay, from the original flat rate of HKD 230 to HKD 600 (with a limit of stay of 180 days or below) or HKD 1300 (with a limit of stay of 181 days or more).

Pursuant to the amended Immigration Regulations (Cap. 115 sub. leg. A), the Director of Immigration has specified that the above fees apply to the following admission schemes:

  • Top Talent Pass Scheme;
  • General Employment Policy;
  • Admission Scheme for Mainland Talents and Professionals;
  • Quality Migrant Admission Scheme;
  • Immigration Arrangements for Non-local Graduates;
  • Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents;
  • New Capital Investment Entrant Scheme;
  • Capital Investment Entrant Scheme;
  • Technology Talent Admission Scheme; and
  • Vocational Professionals Admission Scheme.

The existing fees applicable to other types of visas/entry permits other than those applied under the specified schemes remain unchanged.

Talent List updated

On 18 February 2025, the government announced that the latest round of the Talent List update has been completed.

The new Talent List will take effect from 1 March 2025 and cover 60 professions with local talent shortages. Foreign national talents who meet the eligibility criteria for relevant professions can enjoy immigration facilitation when applying under the Quality Migrant Admission Scheme (QMAS), the General Employment Policy (GEP) and the Admission Scheme for Mainland Talents and Professionals (ASMTP).

​Following the update, the Talent List will include nine newly added professions from the industry segments of financial services (accountants, financial professionals with Islamic market experience and experienced professionals in commodities trading), innovation and technology (experienced systems architects and patent professionals), legal and dispute resolution services (legal knowledge engineers) and aviation and shipping (ship surveyors, professionals in green shipping and aircraft maintenance engineers). 

The Chief Executive announced last year that the government would update the Talent List in early 2025 to include top talents and professionals required for the development of industries related to the "eight centres" with a view to generating new impetus for their growth.

The Labour and Welfare Bureau and relevant bureaux and departments updated the professions covered in the Talent List in consultation with stakeholders including industry organisations of various sectors, major business chambers, the Human Resources Planning Commission and the Labour Advisory Board.

The updated List, detailed specifications of individual professions and the guidance note for applying under applicable admission schemes have been uploaded to the dedicated website (www.talentlist.gov.hk) and the website of Hong Kong Talent Engage (www.hkengage.gov.hk).

 

Those interested in submitting applications for the admission schemes can visit the electronic application platform of the Immigration Department and submit applications.

The government drew up the first List in 2018 with a view to attracting high-quality talent. The List was reviewed and expanded in 2021 and 2023 respectively. Under the GEP and the ASMTP, employers who seek to fill vacancies falling under the professions on the List are not required to provide proof to substantiate their difficulties in local recruitment when making applications, thus shortening the time to recruit outside talents. Furthermore, since the revamp of the QMAS that took effect on 1 November 2024 last year, eligible applicants who meet the requirements of the List will be favourably considered under the General Points Test of the QMAS after assessment.

Jan 2025

Visit visa rules relaxed

Effective 15 January 2025, the visa-free period for nationals of Saudi Arabia to visit the Hong Kong SAR is extended to 90 days.

Also from 15 January 2025, Hong Kong Special Administrative Region passport holders can apply for a tourist visa upon arrival through six designated control points in Saudi Arabia.

The tourist visa can be either a single-entry visa for a maximum stay of 30 days, or a multiple-entry visa for a maximum stay of 90 days.

Hong Kong SAR passport holders may also apply for an eVisa to visit Saudi Arabia prior to their visit

Expanded online visa applications

Effective 17 January 2025, the Immigration Department (ImmD) has adjusted the application submission procedure of the following admission policies/schemes:

  • General Employment Policy (including both employment and investment as entrepreneurs);
  • Admission Scheme for Mainland Talents and Professionals;
  • Capital Investment Entrant Scheme;
  • Training;
  • Working Holiday Scheme; and
  • Residence as Dependants.

Applicants for the aforementioned admission schemes must submit their applications for visas, entry permits and extensions of stay online from that date. The ImmD will no longer accept such applications submitted in person, or by post or drop-in-box. The eligibility and approval criteria for the relevant policies/schemes remain unchanged. After submitting the applications, applicants can also upload supplementary documents and/or inquire as to the status of applications online if necessary.
 
Electronic services for a visa application allow applicants to complete the entire process of an application submission, payment and collection of an "e-Visa" through the ImmD mobile application, the ImmD's website (
www.immd.gov.hk/eng/index.html) or the GovHK website (www.gov.hk/en/nonresidents/), without having to visit an Immigration Office in person.

11/19/24

Top Talent Pass Scheme and Quality Migrant Admission Scheme updated

On 1 November 2024, the government announced the following measures to enhance the Top Talent Pass Scheme (TTPS) and the Quality Migrant Admission Scheme (QMAS).

1. Expanding the list of eligible universities under the TTPS

There were originally 185 eligible universities under the TTPS. Effective 1 November 2024, 13 top Mainland and overseas universities/institutions are added to the list of eligible universities under the TTPS, making a total of 198 eligible schools. The newly added universities/institutions include:

(a) nine Mainland universities ranked from 11th to 20th under the Shanghai Jiao Tong University Best Chinese Universities Ranking in the past five years but yet to be included in the original list of eligible universities, namely, Sichuan University; Beihang University; Southeast University; Beijing Institute of Technology; Tongji University; Renmin University of China; Beijing Normal University; Nankai University and Tianjin University; and

(b) four top-five specialised institutions on the QS World University Rankings in the discipline of "Art and Design" in the past five years, namely, Royal College of Art; University of the Arts London; Parsons School of Design, The New School; and Rhode Island School of Design.

The expanded list of eligible universities/institutions has been uploaded to the webpage of the Immigration Department (ImmD) and Hong Kong Talent Engage.

2. Extending the validity period of the first visas of Category A applications under the TTPS to three years

Category A applicants under the TTPS are those with an annual income reaching HKD 2.5 million or above in the year immediately preceding the date of application. For applicants with approval given from 16 October 2024, the validity period of their first visa has been extended from two years to three years to facilitate their early planning to move to Hong Kong with their families. 

The new measure also applies to around 21 000 Category A applicants whose applications were approved before 16 October 2024. They may, starting from today onwards, apply to the ImmD for an extension of stay within three months before their limit of stay expires, and will be granted extension of stay for one year unconditionally. If they have secured offers of employment, or have established or joined in a business in Hong Kong upon applying for an extension, they may be granted an extension of stay for up to three years after submitting relevant proof.

3. Enhancing the assessment criteria and arrangements of the General Points Test under the QMAS

Effective 1 November 2024, the Government has enhanced the General Points Test (GPT) under the QMAS by adopting a more objective and clear scoring criteria, and streamlining the application and selection process. 

The enhanced GPT replaces the original item-by-item scoring system with an assessment questionnaire. Applicants are required to confirm if they meet the 12 assessment criteria in the questionnaire under six major aspects, namely age, academic qualifications, language proficiency, work experience, annual income and business ownership, and submit supporting documents. The applicants can submit applications if they meet at least six assessment criteria.

The ImmD will pass eligible applications received to a newly established assessment panel for further selection. The assessment panel is chaired by the Secretary for Labour and Welfare with other relevant bureau secretaries as members. Based on the deliberation outcome, the assessment panel will provide advice to the Director of Immigration for his approval decision. 

There will be no annual quotas under the enhanced GPT.

For applications submitted under the original GPT before implementation of the enhancement measures, the ImmD will continue the processing in accordance with the original criteria and procedures, and conclude the assessment as soon as possible.

The electronic application platform for the enhanced GPT has commenced operation.

Full-time non-local undergraduate students temporarily exempted from restrictions on taking up part-time jobs

Effective 1 November 2024, full-time non-local undergraduates are temporarily exempted from the restrictions on taking up part-time jobs.

Since November 2023, the restrictions on taking up part-time jobs for full-time non-local postgraduate students of locally accredited local programmes have been temporarily exempted. With a "No Objection Letter" (NOL) issued by the Immigration Department (ImmD), full-time non-local postgraduate students are allowed to take up part-time employment. No restrictions are imposed on the number of hours or the location of the part-time work. 

The ImmD will issue NOLs setting out the suspension arrangement to all eligible students through their institutions. They are not required to submit applications separately. Students approved for visas/entry permits on or after November 1 will also be issued with the NOLs.

6/28/24

Old identity cards to be invalidated in phases in 2025

The government has announced that, following the conclusion of the Territory-wide Identity Card Replacement Exercise (Replacement Exercise) on March 3 2023, the old form of smart identity cards issued before 26 November 2018 (old ID cards), will be invalidated in two phases in 2025.   
 
Phase I of the invalidation exercise will cover holders of old ID cards born in 1970 or after, whose old cards will become invalid on 12 May 2025. Phase II of the invalidation exercise will cover holders of old ID cards born in 1969 or before, whose old cards will become invalid on 12 October 2025.

“Old identity cards” refers to smart identity cards issued between 23 June 2003 and 25 November 2018, or issued on or after 26 November 2018 as a result of an application made before that date.

If the old ID cards have not been replaced, they will be invalidated on the specified dates in accordance with the Invalidation Order.

The Invalidation Order covers all Hong Kong residents, whether they are permanent residents or non-permanent residents who are permitted to take up employment, make investments, reside or study in Hong Kong, or residents of residential care homes who are eligible for the On-site Identity Card Replacement Service.
 
According to the Immigration Department (ImmD), residents still holding old ID cards should make appointments for replacement as soon as possible. Those who are unable to have their ID cards replaced during the specified call-up periods due to absence from Hong Kong should replace their ID cards within 30 days of their return to Hong Kong. Failure to apply for a new ID card within the specified call-up periods without a reasonable excuse is an offence. Offenders may be prosecuted and be liable to a fine of HKD 5000 upon conviction.


The aged, the blind or the infirm who satisfy a registration officer that their personal attendance for registration of Hong Kong ID cards will injure their health or the health of others may, instead of applying for replacement of a new ID card, apply for a Certificate of Exemption.
 
The invalidation of old ID cards will not affect the right of abode in Hong Kong of the holders of old ID cards unless he or she has lost permanent resident status under the Immigration Ordinance.
 
Members of the public can apply for replacement of new ID cards at the Registration of Persons (ROP) - Kwun Tong (Temporary) Office or during the extended service hours at the four designated ROP offices, viz. Hong Kong Office, Kowloon Office, Tseung Kwan O Office or Tuen Mun Office.Members of the public may use the ImmD mobile application, visit the website (www.gov.hk/icbooking) or call the 24-hour telephone booking hotline 2598 0888 to make an appointment for ID card application at any aforementioned ROP offices.

4/4/24

New Capital Investment Entrant Scheme

The New Capital Investment Entrant Scheme opened for application on 1 March 2024.

An eligible applicant must make investment of a minimum of HK$30 million in the permissible investment assets, including investing a minimum of HK$27 million in the permissible financial assets and non-residential real estate (at Annex), and placing HK$3 million into a new CIES Investment Portfolio.

The Portfolio will be set up and managed by the Hong Kong Investment Corporation Limited to make investments in companies/projects with a Hong Kong nexus, with a view to supporting the development of innovation and technology industries and other strategic industries that are beneficial to the long-term development of Hong Kong's economy.

A successful applicant may bring dependants (including spouse and unmarried dependent children aged under 18) to Hong Kong. Permission to stay will normally be granted to them for two years. Upon expiry of the two-year period, they may apply for an extension of stay for three years, and may subsequently apply for further extensions of stay for three years upon the expiry of each three-year period.

They may, upon a period of continuous ordinary residence in Hong Kong of not less than seven years, apply to become Hong Kong permanent residents in accordance with the law. If an applicant is unable to fulfil the continuous ordinary residence requirement, while continuously satisfying the financial requirements under the new CIES for not less than seven years, he/she may apply for an unconditional stay in Hong Kong. If the application is approved, the applicant will be free to dispose of the invested assets.

Invest Hong Kong is responsible for assessing whether the applications fulfil the financial requirements under the Scheme, and the Immigration Department is responsible for assessing the applications for visa/entry permit and extension of stay.

11/3/23

Talent Engage office opens

The Hong Kong Talent Engage (HKTE) office opened in Hong Kong on 30 October 2023. Following the launch of the Hong Kong Talent Engage (HKTE) online platform last year, the physical office will provide support for incoming talents and follow up with their development and needs after arrival.

The office will also partner with different organizations as well as the Dedicated Teams for Attracting Businesses & Talents under the Government's Mainland and overseas offices, to get the needed information and services for the incoming talent.

In 2024, the government will organize a "Global Talent Summit cum Guangdong-Hong Kong-Macao Greater Bay Area High-quality Talent Development Conference" to promote regional exchange and co-operation in talent attraction.

10/27/23

New immigration measures announced

In his annual policy address on 25 October 2023, the Chief Executive announced

the following measures intended to attract more foreign investment and skilled workers to Hong Kong:

  • Effective 26 October 2023, foreign national staff of companies registered in Hong Kong may apply with the Chinese Visa Application Service Centre in Hong Kong for "multiple-entry visas" valid for two or more years to mainland China, enjoying priority processing.
  • Following the launch of the Hong Kong Talent Engage (HKTE) online platform last year, a physical office will be established by the end of October 2023. The office will provide support for incoming talents and follow up with their development and needs after arrival. In 2024, the government will organise a "Global Talent Summit cum Guangdong-Hong Kong-Macao Greater Bay Area High-quality Talent Development Conference" to promote regional exchange and co-operation in talent attraction.
  • Effective November 2023, the government will add eight “top-notch” institutions from mainland China and overseas to the list of eligible universities under the Top Talent Pass Scheme, making a total of 184 institutions.
  • Effective 25 October 2023, the government will relax the visa policy in respect of employment for Vietnamese talents and the criteria for Vietnamese applying for "multiple-entry visas" for business and travel. It will also relax the visa policy for Laotian and Nepalese talents for employment, training and study in University Grants Committee (UGC)-funded institutions.
  • Under the Capital Investment Entrant Scheme, eligible investors who make investments of HKD 30 million or above in assets such as stocks, funds, bonds, etc. (excluding real estate) can apply for entry into Hong Kong. Details of the scheme will be announced by the end of 2023.
  • To alleviate the manpower shortage in skilled trades, starting from the 2024/25 admission cohort, non-local students of designated full-time professional Higher Diploma programmes of the Vocational Training Council (VTC) will be allowed to stay in Hong Kong for one year after graduation to seek jobs relevant to their disciplines. The Vocational Professionals Admission Scheme will be a pilot arrangement and will be reviewed after two years.
Close Open Hungary

3/15/24

New immigration law takes effect

A new immigration law, published 1 January 2024 in Hungary, introduces major changes and stricter conditions to existing regulations for third-country nationals (TCNs).

The application of the new regulations began on 1 March 2024. Pending implementation, the submission of new applications from TCNs was suspended, except those involving residence permits 'of national interest' based on ministerial approval. In cases where an application was submitted before 31 December 2023, the old regulations still apply. The validity of residence permits and permanent residence permits expiring between 1 January 2024 and 29 February 2024 was automatically extended until 30 April 2024.

The previous immigration law in Hungary specified 18 types of residence permits. The new regulation outlines 24 types, including 8 for the purpose of employment. The residence permit for other purposes (known as the single permit) has been abolished and the new law introduces separate categories of work permits for highly-skilled workers (“Hungarian Card”), guest workers, posted workers, Serbian and Ukrainian nationals (“National Card”) and investors.

The guest worker residence permit will only be granted, by law, to those employed by specified employers, from specified countries, and in specified occupations. Moreover, the guest worker permit can only be extended for a limited period, up to a total of three years. After this period the permit cannot be extended, and a new application must be submitted. Guest workers, therefore, are not entitled to permanent residence in Hungary, or to family reunification.

The new law also introduces a so-called “golden visa”. From 1 July 2024, the guest-investor visa and residence permit will be available, allowing a residence of 10+10 years for a minimum real estate fund investment of 250 000 EUR. The detailed provisions for this have not yet been published.

Effective 1 January 2025, certain residence permits can only be extended if the relevant applicant fulfils the conditions of 'social coexistence', which must be proved by taking an exam in Hungarian about Hungarian history and culture.

The law also introduces a shorter validity for entry visas issued for the collection of residence permits, and stricter notification rules.

Close Open Iceland

March 2025

Longer processing time for expedited processing of residence permit applications based on work

The Directorate of Immigration has noted that the service fee for expedited processing of residence permit applications based on work only covers the part of the application process that relates to processing of a residence permit with the Directorate of Immigration. It does not cover the issuance of a work permit by the Directorate of Labour. However, a work permit is a condition for the issuance of a residence permit on the basis of work.

The processing time for work permit applications in the expedited procedure at the Directorate of Labour is now seven weeks. Information on the processing time is published on the website of the Directorate of Labour.

As a result, the Directorate of Immigration cannot process applications in an expedited procedure in less than 8 to 10 weeks.

It takes a considerably longer time to process applications for residence permits based on work, for which no service fee for expedited processing is paid. The applications currently being processed in the general procedure were received last October.

Feb 2025

Longer processing time for expedited processing of residence permit applications based on work

The Directorate of Immigration has noted that the processing time for work permit applications in the expedited procedure at the Directorate of Labour is now seven weeks. Information on the processing time is published on the website of the Directorate of Labour.

As a result, the Directorate of Immigration cannot process applications in an expedited procedure in less than 8 to 10 weeks.

It takes a considerably longer time to process applications for residence permits based on work, for which no service fee for expedited processing is paid. The applications currently being processed in the general procedure were received last October.

The service fee for expedited processing of residence permit applications based on work only covers the part of the application process that relates to processing of a residence permit with the Directorate of Immigration.

This fee does not cover the issuance of a work permit by the Directorate of Labour; however such a permit is a condition for the issuance of a residence permit on the basis of work.

Jan - 2025

Higher amount required as means of support for residence permit and citizenship applicants

One of the requirements for being granted a residence permit in Iceland or Icelandic citizenship is that applicants can show that they have enough means to financially support themselves independently.

As of 1 February 2025 the reference amount required for an individual, 18 years and older, will be raised from 239.895 ISK to 247.572 ISK per month. The amount for married couples will be raised from 383.832 ISK to 396.115 ISK per month. The amounts refer to pre-tax income.

The new reference amounts apply for applications received as of 1 February 2025.

12/27/24

Immigration Department introduces self-application services for Hong Kong identity cards

The Immigration Department (ImmD) has announced that, effective 13 December 2024, the services of the Personal Documentation Submission Kiosks (PDSKs) have been enhanced by introducing self-application services for Hong Kong identity cards (HKICs).

Eligible applicants can complete the HKIC application procedures in a self-service manner and can apply for HKICs and Hong Kong Special Administrative Region (HKSAR) passports in one visit to the PDSKs, without an appointment. The new services will further automate and digitalize the application and collection procedures for personal documentation, thereby providing more convenient services to members of the public.

PDSKs are set up at the Immigration Headquarters in Tseung Kwan O. The first phase of the new services will cover the following three types of replacement applications of HKIC holders who are aged 18 or above holding a locally issued smart HKIC:

  • Replacement for an adult HKIC for persons reaching the age of 18;
  • Replacement for a permanent HKIC for persons having their eligibility for permanent HKIC verified; and
  • Replacement for a new smart HKIC for persons holding a valid old form of smart HKIC.

After the launch of the new services, eligible applicants can also apply for HKICs and HKSAR passports in one go through the PDSKs without the need to repeatedly undergo identity verification, photo taking and form filling.

For collection, the ImmD has integrated various functions of the collection kiosks. Eligible applicants can collect HKICs and HKSAR passports in one go in a self-service manner through the Personal Documentation Collection Kiosks (PDCKs), which are also located at Immigration Headquarters.

Furthermore, the ImmD has reduced the processing time for the new smart HKIC starting from tomorrow. The time required is shortened to five working days from the previous seven working days (working days exclude Saturday, Sunday and general holidays). Applicants can collect the new HKIC on the next working day after the completion of processing by the ImmD.

10/15/24

Directorate of Immigration adopts new communications system

The Directorate of Immigration has started using the Digital Mailbox on Island.is in communication with applicants for Icelandic citizenship. This means that the Directorate will no longer send documents by mail or e-mail to applicants, such as requests for further documents, notifications of granting citizenship or refusals of applications.

All individuals with an Icelandic ID (kennitala) have access to their own Digital Mailbox on Island.is. The Mailbox can be configured to notify its owner by email or by a push notification to the Island.is app that a new document is waiting for them in their Mailbox. 

The Directorate of Immigration notes that when documents have been made available in a Digital Mailbox, they are considered to have been disclosed to the recipient and have legal effect. It is not necessary for the recipient to log in to the Mailbox and read the documents, instead the documents have been disclosed as of the date when they were made available in the mailbox and the recipient could have read the documents. Deadlines mentioned in documents from the Directorate start counting from the date when documents have been made available in the Mailbox. This applies for example to deadlines for submitting further documents for the processing of applications or deadlines for appealing the Directorate's decision.

So far the Directorate has taken six out of nine Digital Steps defined by Digital Iceland. Connecting to the Digital Mailbox is a very important step as it increases efficiency of application processing and reduces costs. The Mailbox also improves service to applicants who will receive documents from the Directorate of Immigration faster and more securely than before. 

In the next phase, the Mailbox will be implemented for communication with applicants for residence permits.

3/1/24

Extension of stay for Ukrainian nationals

The Minister of Justice has decided to extend, until 2 March 2025, the period of validity of humanitarian residence permits issued to Ukrainian nationals.

To extend their permit, eligible Ukrainian nationals must have their photo taken for the purpose of obtaining a new plastic card, no earlier than four weeks before the expiration of the current permit and no later than four weeks after its expiration. Photo appointments in Reykjavik can be booked here, or the photos can be taken at the nearest sheriff’s office.

2/9/24

Increased financial support requirement

The Directorate or Immigration has announced that, effective 15 February 2024, the amount an individual residence permit or citizenship applicant is required to show they have to support themselves is raised from ISK 217,799 to ISK 239,895 per month. The amount for married couples is raised from ISK 348,476 to ISK 383,832 per month.

The amounts refer to pre-tax income and apply to applications received from 15 February 2024.

10/27/23

New online information service

The Directorate of Immigration has launched a new website providing immigration information.

The “Service Web” offers detailed information about visas, residence permits, citizenship, international protection and application tracking, as well as step-by-step guides to visa and permit requirements, frequently asked questions and an online enquiry form.

Close Open India

6/28/24

New fast-track trusted traveller scheme

On 22 June 2024, the government inaugurated the “Fast Track Immigration – Trusted Traveller Programme” (FTI-TTP) at terminal 3 of Indira Gandhi International Airport, New Delhi.

The programme will run on e-gates or automated border gates and will be implemented in two phases. In the first phase, Indian citizens and Overseas Citizen of India (OCI) cardholders will be covered and in the second phase, foreign travellers will be covered.

To enrol in the scheme, the applicant must register online with their details and required documents. After verification, a White List of Trusted Travellers will be generated and fed for implementation through e-Gates. The biometrics of the Trusted Traveller passing through e-Gates will be captured at the Foreigners Regional Registration Office (FRRO) or at the time of passage of the registered traveller through the airport. The TTP registration will be valid for the validity of the passport or five years (whichever is earlier) and will be renewed thereafter.

 

Under the process, as soon as the 'registered passenger' reaches the e-gates, they will scan their boarding pass issued by the airlines at the e-gates to obtain the details of their flight. The passport will also be scanned and the biometrics of the passenger will be authenticated at the e-gates. Once the genuine identity of the passenger is established and biometric authentication is complete, the e-gate will open automatically and immigration clearance will be deemed to have been granted.

FTI-TTP will be launched at 21 major airports in the country. In the first phase, along with Delhi Airport, it will be launched at seven major airports - Mumbai, Chennai, Kolkata, Bengaluru, Hyderabad, Kochi and Ahmedabad.

11/27/23

eVisa service resumed for Canadian nationals

Effective 22 November 2023, the consular posts of India in Canada have resumed the eVisa service for all eligible Canadian citizens holding ordinary passports.

On 26 October 2023, suspended in-person visa services resumed at the Indian consular posts in Canada, including for entry, business, medical and conference visas, after “a considered review of the security situation”.

9/22/23

Suspension of visas for Canadians

Effective 21 September 2023, India has suspended the issuance of all categories of visa to Canadian citizens until further notice. The ban also applies to Canadian nationals resident in third countries.

The measure was announced by the Ministry of External Affairs during their weekly media briefing and is in response to escalating tension between the two countries over the killing of a Sikh separatist in Canada.

Close Open Indonesia

9/9/24

Mpox declaration required for entry

To prevent the spread of Mpox, effective 27 August 2024, all travellers entering Indonesia must complete an online self-declaration form called the SATUSEHAT Health Pass. This is a web platform, so no new app download is required.

After completing the form during check-in at departure, a QR Code and personal data information will be generated, and will be scanned at the arrival airport.

4/26/24

Bridging Visa introduced

Effective 1 April 2024, the Directorate General of Immigration at the Ministry of Law and Human Rights has implemented a Transitional Stay Permit policy, also known as a Bridging Visa. This residence permit acts as a 'bridge' between a previous residence permit and a new residence permit.

Foreign nationals holding a Visit Stay Permit can now obtain a Limited Stay Permit without having to leave Indonesia. Equally, holders of a Limited Stay Permit or a Permanent Stay Permit which can no longer be extended, can obtain new Stay Permit without having to leave Indonesia.

The validity period of the Transitional Stay Permit is 60 days; is only valid onshore (i.e., for foreign nationals who are already in Indonesia and is no longer valid if the foreigner leaves Indonesia.

This residence permit can be used by foreign nationals who will apply for a change of status to a Limited Stay Permit. Foreign nationals holding a Transitional Stay Permit are not subject to overstay if their application for a Transitional Stay Permit is approved after the validity period of the previous residence permit expires.

Foreign nationals who wish to use a Transitional Stay Permit must submit an application here and pay the immigration fee no later than three days before the validity period of the previous residence permit expires.

With a Transitional Stay Permit, foreigners can save time, energy and accommodation costs that would otherwise be incurred if they had to leave Indonesia in order to submit an application and wait for approval for a new visa.

Close Open Ireland

April 2025 - Update on Stamp 2 bridging permission for English language course students

Immigration Service Delivery (ISD) has announced bridging permission for English Language course students who have successfully completed a second or third course and subsequently enrolled in a Higher Education Programme commencing by the end of October 2025.

The bridging permission will be a short-term Stamp 2 permission granted until 30 September 2025, from the date of expiry of their current IRP card, on the basis that applicants will be in a position to provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing September 2025.

The Stamp 2 Bridging Permissions will be granted as follows:

  1. Students who have successfully completed a third English Language course (the maximum allowable) and have enrolled in and paid fees for a Higher Education Programme listed on the ILEP, commencing by end of October 2025, can avail of a bridging permission by applying via ISD’s online portal, provided all other criteria are met.
  2. Students who have successfully completed a second English Language course on or after 1 July 2025 and have enrolled in and paid fees for a Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing by end of October 2025, they can avail of this bridging permission by applying via ISDs online portal, provided all other criteria are met.

This bridging permission does not apply to students who have successfully completed a second English Language course prior to 1 July 2025, regardless of the date of application. These students have the option to undertake a third English language course and renew a permission on that basis, should they wish to.

Requirements for eligible students

Students wishing to avail of this bridging permission must have:

  • An in-date IRP card or a card that has expired within one month when applying for the bridging permission;
  • Successfully completed a third English Language course listed on the ILEP or successfully completed a second English Language course listed on the ILEP on or after 1 July 2025;
  • Adhered to the conditions attached to their current residence permission;
  • Enrolled in and paid fees in full for a Higher Education Programme listed on the ILEP;
  • Applied for a renewal (bridging permission) via ISDs online portal.

Students will be required to:

  • Satisfy renewal criteria;
  • Provide evidence of their enrolment in a Higher Education Programme listed on the ILEP;
  • Provide evidence that the course fees have been paid in full.

Registration Fees

Students whose second or third English language course finished on or after 1 July 2025 wishing to avail of this bridging permission will be fee-exempt. (Applications made via ISDs online portal will have the fee refunded when the application is processed).

Students whose third English language course finished prior to 1 July 2025 wishing to avail of this bridging permission will pay the standard fee of EUR 300.

Students who avail of this bridging permission will be required to renew their immigration permission prior to the bridging permission expiring on 30 September 2025.

The notice is valid from 1 May 2025 to 31 August 2025 only.

April 2025 - Details of launch of new online employment permit system

The Department of Enterprise, trade and Employment (DETE) has announced that its new “Employment Permits Online” system will launch on 28 April 2025.

To facilitate the move to Employment Permits Online, the existing EPOS website will be taken offline. During this time no employment permit applications will be able to be submitted.

The EPOS website will be taken offline from 6pm on 17 April 2025 for 5 business days.

Importantly, all completed draft employment permit applications must be submitted before the EPOS system is taken offline. Draft employment permit applications prepared but not submitted before the EPOS system is taken offline will not be transferred to Employment Permits Online. Only fully completed and submitted applications will be transferred to Employment Permits Online for processing.

The new system will introduce a portal space with separate and individual accounts for both employers, employees and agents.

Registration

Employment Permits Online will require all users (employer, employee and agent) to set up a portal account, in order to access the system and to submit future employment permit applications. This will involve confirming an email address and password and verifying these via a secure Multi Factor Authentication process (using mobile phone confirmation).

For employers, registration will also require the provision of some key additional documents, that is, Revenue and CRO details. Once these documents have been uploaded and validated (by the Employment Permits Unit) accounts will be ready to go.

The initial email address used to register a portal account will be set as the ‘Administrator’ for the account. More than one administrator can be assigned for an account.

Once the account is verified by the Employment Permits Unit, the administrator for any employer or agent account will be able to add or remove additional contact points (email addresses) listed under the account. There is no limit to the number of additional contact points that can be added to an account. All contact points can prepare and submit employment permit applications.

Portal account

Once registration has been completed (including verification), users will have access to their new portal accounts. Portal accounts will provide a record of current and historic applications, as well as a new ‘status update’ feature – allowing users to see at what stage of the process any current applications have reached (draft, awaiting payment, processing, requested information, issued, refused, appeal and so on).

Another key feature of portal accounts is the level of control users will have over them. Accounts will be managed via the use of Core and Non-Core requirements. Changes to Core requirements such as the submission or renewal of Revenue or CRO documentation, involve additional validation by the Employment Permits Unit, while non-Core requirements (that is, employer business locations or additional contact details) can be updated directly by the user.

Enhanced data protection

Requests from DETE will issue as an email from Employment Permits Online direct to the verified email addresses of the parties (employer, employee or agent) linked to the application. The parties can then ‘reply’ to this email, which is then returned directly to the application record on the employment permits system.    

The portal itself can be used by the account holder to update their profile as well as certain permit information. Changes to core requirements such as business address, renewal of Revenue or CRO details, involve additional validation by the Employment Permits Unit. While non-core requirements (business locations or additional contact details) can be updated directly by the relevant party.

Additionally, the submission of requests for permit; renewals, change of employer, appeals, withdrawals, cancellations, and so on) all take place through the portal account. Any relevant documents associated with the processing of these requests by the employment permits team, will also be requested to be provided.

Joint applications

An additional feature of Employment Permits Online, is that all employment permit applications will be jointly completed online by the parties involved, the employer and prospective employee (as well as the appointed agent, if applicable). The employee will directly provide the personal information relevant to themselves, with the employer completing the fields relevant to their sections of the application. For agents, they will be able to provide the details for the party on whose behalf they are acting. The application will be signed by all parties involved using an e-signature.

Trusted Partner initiative

In order to set up and maintain a valid portal account, employers are required to submit relevant Revenue documentation in addition to their CRO number. These would be the key documents required for Trusted Partner status. Therefore, the Trusted Partner initiative will no longer operate under Employment Permits Online. As all employers will now operate from portal accounts, this will deliver more efficient processing of applications, benefiting all users.

March 2025

Measures to support home care and planning sectors

The Minister for Enterprise, Tourism and Employment has announced changes to the employment permits system to address skills shortages in Ireland’s planning and home care sectors. The changes will come into effect on 10 March 2025.

  • The quota for home carers will be increased by 1000 general employment permits.
  • Town planners have been added to the Critical Skills Occupations List.

For the purposes of the employment permits system, occupations fall into three categories:

  1. Occupations listed on the Critical Skills Occupations List are highly skilled professional roles that are in high demand and are not always available in the resident labour force. Occupations on this list are eligible for a Critical Skills Employment Permit (CSEP) and include roles such as medicine, ICT, sciences, finance, and business.
  2. Ineligible occupations are those with evidence suggesting there are sufficient Irish/EEA workers to fill such vacancies. Employment permits are not granted for these occupations.
  3. Every other job in the labour market, where an employer cannot find a worker, is eligible for an employment permit. For these occupations, the employer is required to undertake a Labour Market Needs Test and if no-one suitable applies for the job, the employer is free to apply for an employment permit. Occupations such as these may be skills of a more general nature and are eligible for a General Employment Permit (GEP).

Visa requirement for nationals of Eswatini, Lesotho and Nauru

With effect from 10 March 2025, nationals of Eswatini, Lesotho and Nauru are required to obtain a visa before travelling to Ireland. A transit visa will also be required, if intending to transit through Ireland en route to another destination.

Nationals of these countries who made travel plans before 10 March 2025 and can provide evidence of a valid booking and payment for the trip, may be accommodated for emergency travel in the following situations where the scheduled travel is on or before 31 March 2025:

  • A critical medical case involving a family member being seriously ill or undergoing medical treatment. Evidence from the relevant medical institution must be provided.
  • Visiting for a significant family event – a birth, wedding, or funeral. Suitable evidence must be provided.
  • Taking up a place obtained in a third-level institution on an undergraduate or post-graduate degree course. Evidence must be provided from the relevant institution.
  • Taking up employment and holding an Employment Permit for Ireland. Evidence of the permit issued by the Department of Enterprise, Trade and Employment must be provided.
  • Travelling for business. Confirmation of the arrangements for the visit from the business in question must be provided.

Persons falling within the above categories are asked to email becomingvisarequired@justice.ie with the subject line “Visa Required – Emergency Travel Requested”.

1/17/25

Transfer of responsibility for Irish immigration residence permission for all remaining counties to Immigration Service Delivery (ISD) of the Department of Justice

On 13 January 2025, the final remaining responsibility for all nationwide first-time registration of Irish immigration residence permissions will transfer from the Garda National Immigration Bureau to Immigration Service Delivery (ISD) of the Department of Justice.

From that date, the first-time in person registration of residence permissions for applicants residing in all counties will be done at the Registration Office, 13-14 Burgh Quay, Dublin 2.

To book an appointment to register a first-time immigration residence permission, permission holders must create an account, or log into their existing account, on the Digital Contact Centre. Each registration appointment is linked to the unique applicant profile that booked it through the online account. Applicants are encouraged to book their appointment as soon as possible.

For the appointment at the Registration Office in Burgh Quay, individuals must bring:

  • their passport (or other equivalent document, issued by or on behalf of an authority recognised by the Government [of Ireland]);
  • a printed and completed copy of the address form attached to their appointment confirmation email (this is the address their Irish residence permission (IRP card) will be sent to);
  • printed copies of therequired supporting documentation relevant to their permission (electronic copies of documents are not accepted); and
  • the registration fee of €300 (per adult person) if applicable, which can be paid by credit or debit card only.

Those who do not have all required documents or fee with them at the appointment, will be unable to complete their registration and will not be issued with an Irish Residence Permit card.

Remaining first time registration appointments at a Garda station

Applicants for first-time registration who are resident outside of counties Cork, Dublin, Kildare, Limerick, Meath and Wicklow, who have a confirmed appointment up to 31 January 2025, should attend the relevant Garda registration office as scheduled. An Garda Síochána will continue to process confirmed appointments for first-time registrations until the end of January 2025. Applicants with such appointments may wish to check with the relevant Garda Station in order to confirm arrangements.

Alternatively, applicants with such confirmed appointments may wish to notify the Garda Station to remove their application, and then book an appointment with the Registration Office in Dublin by creating an account on the Digital Contact Centre.

Applicants who do not hold a confirmed appointment at a Garda registration office prior to 31 January 2025, should create an account on the Digital Contact Centre and book an appointment with the Registration Office at Burgh Quay in Dublin.

First time registration appointments are available for individual applicants or family groups only. Appointments are available at Burgh Quay within the 90 day legally required timeframe.

Renewal of Irish Immigration Residence Permission

All nationwide online renewals of permissions are processed using the Immigration Service Delivery (ISD) online renewal portal. Applicants will not need to attend the Burgh Quay Registration Office in person to renew permission. All applications for renewal are accepted up to 12 weeks prior to expiry to allow sufficient time for processing.

Background

Nationals of countries outside the EU, EEA, UK or Switzerland who come to Ireland to work, study, live or join family for more than 90 days must register an immigration permission under the terms of the Immigration Act 2004.

12/9/24

Travelling on a recently expired Irish Residence Permit

Effective 2 December 2024 to 31 January 2025 only, the government has issued a Travel Confirmation Notice requesting carriers to allow individuals to travel internationally on their recently expired Irish Residence Permit (IRP) card where an application to renew their permission was submitted in advance of the expiry date of their IRP card.

Non-EEA nationals in Ireland who are required to apply for a renewal of their IRP card may use their current recently expired IRP card to enable them to travel during this period.

Those intending to travel under these arrangements should print out the notice and present it, along with their expired IRP card, and proof of renewal application (email confirmation which details the date of application) to immigration authorities and airlines if requested to do so

A receipt of application which details the date of application and OREG number will provide proof that they have applied to renew their registration prior to their current IRP card expiring.

If, however, their current permission expired prior to submitting an application for renewal, they are considered out of permission and the Travel Confirmation Notice will not apply.

Those who wish to remain abroad after 31 January 2025 will need to renew their IRP card before they travel. Visa-required nationals who have been unable to renew their IRP card before travel may, on an exceptional basis, be able to apply for a visa to renter Ireland at the local Irish embassy or consulate.

More information is available here.

Background

Immigration Services are currently experiencing a backlog in processing registrations across several locations. Following the completion of a registration, it may take a further two weeks to receive an Irish Residence Permit (IRP) card via post.

10/29/24

Launch of new online immigration self-service portal

On 24 October 2024, the Department of Justice announced the launch of the Digital Contact Centre (DCC) for immigration.

The DCC is a self-service portal that will enable immigration customers to book and amend first-time registration appointments, replacing the need for them to call a contact centre to arrange such an appointment.

The new system will also allow people to check the status of their applications, and over time will allow people to raise queries in relation to visas, registration, domestic residence permissions, travel documents, EU treaty rights and Citizenship applications.

Almost half of queries received by Immigration Service Delivery (ISD) in the Department are customers seeking updates on their applications. This new system empowers customers to receive updates and information in a more efficient manner and will allow staff within ISD to devote more time to processing applications.

10/15/24

ISD urges customers intending to travel over the coming Christmas period, whose current permission will expire, to submit a renewal application

The Department of Justice has issued a warning that the Immigration Services Registration Office Burgh Quay Dublin is currently experiencing a very large volume of applications for renewal of permission with a current processing time to renew an Irish Residence permit (IRP) card of 3-4 weeks.

Following the completion of the renewal of registration it may take a further two weeks to receive the new IRP card via post. An in-date IRP card may be required to facilitate travel to and from Ireland.

To facilitate non-EEA nationals legally resident in Ireland and who are intending to travel over the Christmas holiday period the Minister is urging customers to submit a renewal application online by 31 October 2024, should their current permission be expiring between now and their intended departure date or during travel.

Therefore, non-EEA nationals in Ireland, who are required to apply for a renewal of their IRP card, before or during any intended international travel over the coming Christmas holiday period, should apply online via the ISD online portal as soon as possible.

The Immigration Services Registration Office Burgh Quay Dublin cannot guarantee that any renewal submitted after the 31 October 2024 will be processed and an IRP card delivered in time to facilitate travel over the Christmas holiday period (although every attempt will be made to do so).

ISD notes that, regardless of the date on which a renewal application is submitted or processed, the validity period for renewal of the permission will be based on the current expiry date.

9/9/24

New employment permit rules take effect

The Employment Permits Act 2024 came into effect on 2 September 2024 and introduces new and amended provisions to the current legislation

The Employment Permits Act will introduce a number of changes to the existing system, including:

  • the introduction of a Seasonal Employment Permit;
  • the ability to change an employment permit to a new employer after nine months;
  • allowing permit holders to be promoted within their roles without the need for a new permit;
  • changes to the Labour Market Needs Test requirements;
  • requiring additional conditions such as training and accommodation support for employment permit holders;
  • allowing for non-consultant hospital doctors to have a permit which will allow them to work at multiple sites.

Seasonal Employment Permit

The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment, for example, soft fruit picking. It is designed to support targeted economic sectors, such as horticulture and agriculture, in addressing labour shortages and will be renewable across multiple years for the set calendar season. Arrangements for the provision of accommodation and health insurance will be included in the scheme. The permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025. 

Change of employer 

The Act introduces a new provision allowing certain employment permit holders to change their permit employer to another employer after a period of nine months on their first permit in the State has passed.  

The change of employer applies to the General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP).  

The holder of a GEP can apply to change to an employer within the type of employment for which they have been granted a permit.  For example – a meat processing operative can only move to another meat processing role. The holder of a CSEP can change to an employer across a broader category of employments, for example. different engineering roles. The additional flexibility for CSEP holders is due to the fact that their roles are identified on the Critical Skills Occupations List indicating a high demand for these skills in the labour market.

Progression within the role

The Act aims to improve the status and employment opportunities of permit holders by providing a provision to allow for promotion and internal transfer in the same company where a permit holder would use the same skills. This removes the requirement for the permit holder to undergo a new employment permit application process where they remain with the current employer but have been granted a promotion or uplift. This will reduce the administrative burden for companies and permit holders and reduce accidental non-compliance with employment permits legislation.

Modernised Labour Market Needs Test

The Act also addresses the inflexibility inherent in the Labour Market Needs Test, which requires that a role be advertised across the EEA and in print media prior to a permit being sought. The new Bill will simplify the process by requiring employers to publish vacancies online only and will reflect modern advertising practices. Moreover, by moving operational detail into secondary legislation the Labour Market Needs Test can continue to be amended as recruitment practices evolve over time, balancing the protection of the EEA labour market with the needs of employers.

Other changes

The regulations giving effect to this new law were signed on 28 August 2024 and also extend employment permit quotas for two key roles. A new quota of 500 permits will be granted to the home care sector – for home carers. Recognising the ongoing need for workers in this important sector which supports older people to remain in their own homes for as long as possible. A further quota of 250 permits will be issued to lineworkers to help relieve the pressure on the ESB Networks’ overhead line framework contractors and ensure the necessary skills are available to achieve government priorities including the Climate Action Plan 2023 and Housing for All.

7/12/24

New visa requirement for nationals of Botswana and South Africa

Effective 10 July 2024, holders of South African and Botswanan passports, previously permitted to enter visa free, are now required to obtain an Irish visa before travelling to Ireland.

South African and Botswanan passport holders who have booked travel to Ireland before 10 July 2024 and will travel to Ireland before 10 August 2024 may travel to Ireland provided they are in possession of the following documentation:

  • A valid passport; and
  • Documentary proof from their carrier (not a Travel Agent) showing the date of purchase of their ticket(s), their name as the passenger, the flight number(s) and date of travel.

This documentation must be produced where requested to do so by a carrier or an Immigration Officer. Normal immigration rules that apply to non-nationals on seeking entry to Ireland will apply to any person availing of the transitional arrangements.

  • Any person who has booked travel to Ireland before 10 July 2024 and is travelling to Ireland after 9 August 2024 cannot avail of the limited transitional arrangements and will need to have obtained an Irish visa before travelling.
  • Any person who books travel to Ireland after 10 July cannot avail of the limited transitional arrangements and will need to have obtained an Irish visa in advance of travel, even if travelling to Ireland before 10 August 2024.
  • Persons who are in possession of a valid Irish Residence Permit (IRP) card do not separately need to have an Irish visa.

Note that Botswanan or South African nationals holding valid Irish Residence Permit (IRP) cards are not subject to the visa requirement.

6/24/24

Transfer of registration responsibility for Cork and Limerick

Effective 8 July 2024, responsibility for first time registration and renewal of Irish immigration residence permissions for persons residing in counties Cork and Limerick will be transferred from the Garda National Immigration Bureau (GNIB) to Immigration Service Delivery (ISD) of the Department of Justice.

From that date, the first-time registration of Irish residence permission for applicants residing in counties Cork and Limerick will now be carried out at the Registration Office, 13-14 Burgh Quay, Dublin 2. This will be in addition to the current registrations for counties Dublin, Kildare, Meath, and Wicklow.

Appointments for first time registration can be booked using the Freephone number (1800 800 630). Operators are available between 9 a.m. and 5 p.m. Monday-Friday to arrange appointments. Applicants for registration will be required to provide the operators with their passport details and a valid email address to arrange appointments.

For those who do not have all required documents with them at the appointment, ISD will be unable to complete the registration and issue an Irish Residence Permit card. These applicants will be required to book a return appointment to the Registration Office to complete registration.

On the day of the appointment, applicants will be required to pay a fee of €300 depending on the type of permission they are seeking.

Also from 8 July 2024, online renewals of permission from applicants living in counties Cork and Limerick should be submitted using the Immigration Service Delivery (ISD) online renewal portal. Applicants will not need to attend the Burgh Quay Registration Office in person to renew permission.

The GNIB will continue to undertake first registrations and renewal responsibilities for applicants residing outside of counties Dublin, Meath, Kildare, Wicklow, Cork and Limerick.

Please note that all applications, Ireland-wide, for renewal of residence permission, including when changing Stamp category, are accepted by both ISD and GNIB up to 12 weeks prior to expiry to allow sufficient time for processing.

5/17/24

Eligible spouses and partners of employment permit holders allowed to work

The Ministers for Justice and Enterprise, Trade and Employment have announced that eligible spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders will now be registered on a Stamp 1G permission, rather than a Stamp 3, allowing them to work without first obtaining a separate employment permit of their own.

In addition to this announcement, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement currently on a Stamp 3 are also now eligible for a Stamp 1G.

Effective 15 May 2024, eligible spouses and partners with a Stamp 3 endorsed on their current in-date Irish Residence Permit (IRP) card have had their permission to remain in Ireland varied to the same conditions as Stamp 1G. They do not need to make an application to the Registration Office where they reside in counties Dublin, Meath, Kildare and Wicklow or their relevant An Garda local immigration office in the rest of Ireland to change their current permission from Stamp 3 to Stamp 1G, or acquire a new IRP.

A new Irish Residence Permit on Stamp 1G conditions will issue to eligible persons when they seek to renew their current Stamp 3 permission upon its expiry.

Eligible spouses and partners do not need to acquire a new IRP card to engage in employment. They can provide prospective employers this letter in conjunction with their current IRP card endorsed with a Stamp 3, which explains this temporary administrative arrangement. This arrangement is valid during the transition period until 15 May 2025. After this date, eligible spouses and partners will have renewed their IRP cards to Stamp 1G.

To be eligible for this varying of permission, those who currently reside in Ireland must meet the following criteria on 15 May 2024:

  • A spouse or partner of General Employment Permit (GEP) or Intra-Corporate Transferee (ICT) permit holder; OR
  • a spouse or partner of a Critical Skills Employment Permit Holder (CSEP) or Researcher on a Hosting Agreement; OR
  • a spouse or partner of a Non-Consultant Hospital Doctor (NCHD) on a Multi-Site General Employment Permit; OR
  • a spouse or partner of someone who previously held one of the above and is now on Stamp 4 permission; OR
  • a spouse or partner of someone who has been issued a Reactivation Employment Permit for a GEP, ICT or CSEP Employment Permit.

And:

  • Granted permission to reside in Ireland under the Non-EEA Family Reunification Policy;
  • Legally resident in the State on a valid Stamp 3;
  • Wish to engage in employment in Ireland;
  • A non-EU/EEA/UK/Swiss national.

This does not apply to:

  • All other family members, other than spouses or partners, of Employment Permit, Hosting Agreement or Intra-Corporate Transferee Permit holders; NOR
  • a spouse or partner of an Employment Permit, Hosting Agreement or Intra-Corporate Transferee Permit holder, who is present in the State on a different type of permission, such as, visitor conditions or Stamp 2 (study); NOR
  • a spouse or partner of an Employment Permit, Hosting Agreement or Intra-Corporate Transferee Permit holder who does not have permission be in the state.
  • Stamp 3 holders, who have been issued Stamp 3 permission for other reasons and are not spouses or partners of an Employment Permit, Hosting Agreement or Intra- Corporate Transferee Permit holder.

The application process for eligible spouses and partners who wish to join their family member in Ireland remains unchanged.

4/26/24

Update on Stamp 2 bridging permission for English language students

Immigration Service Delivery (ISD) has announced bridging permission for English Language course students who have successfully completed a second or third course and subsequently enrolled in a Higher Education Programme commencing by the end of October 2024.

The bridging permission will be a short-term Stamp 2 permission granted until 30 September 2024, from the date of expiry of their current Irish Residence Permit (IRP) card, on the basis that applicants will be in a position to provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing September 2024.

The Stamp 2 Bridging Permissions will be granted as follows:

  • Students who have successfully completed a third English Language course (max allowable) and have enrolled in and paid fees for a Higher Education Programme listed on the ILEP, commencing by the end of October 2024, can avail of a bridging permission by applying via their local immigration office if residing outside of Dublin, Meath Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow, provided all other criteria are met.
  • Where students have successfully completed a second English Language course on or after 1 July 2024 and have enrolled in and paid fees for a Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing by end of October 2024, they can avail of this bridging permission by applying via their local immigration office if residing outside of Dublin, Meath, Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow, provided all other criteria are met.

This bridging permission does not apply to students who have successfully completed a second English Language course prior to 1 July 2024 regardless of the date of application. These students have the option to undertake a third English language course and renew a permission on that basis, should they wish to.

Students wishing to avail of this bridging permission must have:

  • An in-date IRP card or a card that has expired within one month when applying for the bridging permission;
  • Successfully completed a third English Language course listed on the ILEP or successfully completed a second English Language course listed on the ILEP on or after 1 July 2024;
  • Have enrolled in and paid fees in full for a Higher Education Programme listed on the ILEP;
  • Apply for a renewal (bridging permission) via their local immigration office if residing outside of Dublin, Meath, Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow.

Students will be required to:

  • Satisfy renewal criteria;
  • Provide evidence of their enrolment in a Higher Education Programme listed on the ILEP;
  • Provide evidence that the course fees have been paid in full.

Students whose second or third English language course finished on or after 1 July 2024 wishing to avail of this bridging permission will be fee-exempt. (Dublin, Meath, Kildare or Wicklow based customers applying via the online portal will have the fee refunded when the application is processed).

Students whose third English language course finished prior to 1 July 2024 wishing to avail of this bridging permission will pay the standard fee of EUR 300.

Students who avail of this bridging permission will be required to renew their immigration permission prior to the bridging permission expiring on 30 September 2024.

The notice is valid from 1st May 2024 to 31st August 2024 only.

4/4/24

Transfer of registration responsibility for Meath, Kildare and Wicklow

The Department of Justice has announced that, effective 8 April 2024, the first-time registration of Irish residence permissions for customers based in counties Meath, Kildare and Wicklow will be carried out at the Registration Office, 13-14 Burgh Quay, Dublin 2. Previously, registration of foreign national residents was carried out in these three counties was carried out at the Garda National Immigration Bureau (GNIB).

Appointments for first time registration can be booked using the Freephone number (1800 800 630) Operators are available between 9 a.m. and 5 p.m. Monday-Friday to arrange appointments.

Customers will be required to provide operators with passport details and an email address to arrange appointments.

Also effective 8 April 2024, online renewals of permissions from customers living in counties Meath, Kildare and Wicklow should be submitted using the Immigration Service Delivery (ISD) online renewal portal https://inisonline.jahs.ie. Applicants will not need to attend the Burgh Quay Registration Office in person.

GNIB will continue to undertake first registrations and renewal responsibilities for applicants living outside of counties Dublin, Meath, Kildare and Wicklow.
It should be noted that all applications nationwide for renewal of residence permission, including when changing Stamp category, are accepted by ISD and GNIB up to 12 weeks prior to expiry to allow sufficient time for processing.

3/8/24

Emergency travel provisions for travellers from Dominica, Honduras and Vanuatu 

Immigration Service Delivery (ISD) has announced that it will try to accommodate emergency travel for travellers from Dominica, Honduras and Vanuatu who had made plans to travel to Ireland before the new visa requirement came into force on 7 March 2024, and who plan to arrive in Ireland before 7 April 2024 in the following circumstances:

  • A critical medical case involving a family member being seriously ill or undergoing medical treatment. Evidence from the relevant medical institution must be provided;
  • Visiting for a significant family event – a birth, wedding or funeral. Suitable evidence must be provided;
  • Taking up a place obtained in a third-level institution on an undergraduate or post graduate degree course. Evidence must be provided from the relevant institution;
  • Taking up employment and holding an Employment Permit for Ireland. Evidence of the permit issued by the Department of Enterprise, Trade and Employment must be provided;
  • Travelling for business. Confirmation of the arrangements for the visit from the business in question must be provided.

Travellers who may qualify should email travelrequest@justice.ie with the subject line “VISA IMPOSITION – EMERGENCY TRAVEL REQUIRED”.

All other customers are asked to complete the online visa application form at the following website: www.visas.inis.gov.ie.

2/2/24

Introduction of email application form for Reactivation Employment Permit Scheme

From 1 February 2024, Domestic Residence will accept applications for Reactivation Employment Permit Scheme via DRPcustomerservice@justice.ie.

Applicants should use this application form. It is important that applicants read the qualifying criteria before submitting an application

Background

The Reactivation Employment Permit scheme is operated by the Department of Enterprise, Trade and Employment (DETE).   Reactivation Employment Permits are designed to provide a pathway to re-employment for non-EEA nationals who entered the State on a valid Employment Permit but who fell out of the system through no fault of their own or who has been badly treated or exploited in the workplace.

Either the foreign national or the employer can apply for a Reactivation Employment Permit and the Employment Permit is issued to the foreign national, and a certified copy sent to the employer, which permits his or her employment in the State, by the employer, in the occupation and location/s specified on the permit.

12/26/23

Increased salary thresholds and newly eligible roles for employment permits

The government has announced comprehensive changes to the employment permits system, with 43 additions to the jobs eligible for an employment permit as well as a roadmap for increasing salary thresholds.

The main changes include:

  • 11 roles added to the Critical Skills Occupations List:
    • Professional Forester
    • Resource modelling, earth observation and data analyst
    • Meteorologist
    • Operational Forecaster
    • Chemical Engineer
    • Project Engineer
    • BIM Manager
    • Optometrist (Ophthalmic Optician)
    • Commercial Manager
    • BIM Coordinator/Technician
    • Estimator
  • 32 roles made eligible for a General Employment Permit;
  • Salary requirement for majority of General Employment Permit holders will rise from EUR 30,000 to EUR 34,000 in January 2024;
  • Healthcare assistants and home carers salary requirement will increase from EUR 27,000 and horticultural workers and meat processor salary requirement will increase from EUR 22,000 to EUR 30,000 in January 2024, bringing them in line with family reunification thresholds;
  • Extension of existing quotas for dairy farm assistants, butcher/deboners, meat processors and horticultural workers;
  • A Labour Market Needs Test (LMNT) is required for General Employment Permit applications and will have to reflect the revised thresholds in order to be deemed valid.

Currently, the salary threshold for General Employment Permits is EUR 30,000 and has not changed in almost a decade. This will increase to EUR 34,000 in January 2024, and further increases will be introduced up to EUR 39,000 in 2025.

 

Several occupations which had previously been made eligible for General Employment Permits (GEPs) have had their quotas extended, with effect from January 2024.

  • 1000 GEPs for meat processing operatives;
  • 350 GEPs for butcher/deboners;
  • 350 GEPs for dairy farm assistants;
  • 1000 GEPs have been provided for horticultural workers to support the sector until the introduction of the Seasonal Employment Permit.

12/15/23

Immigration Services Delivery (ISD) has announced an initiative to facilitate Christmas travel

Immigration Services Delivery (ISD) of the Department of Justice has acknowledged that persons seeking to renew their permissions to reside in Ireland are currently experiencing a backlog in processing of those renewals. Following the completion of the renewal process for a registration, it may take a further two weeks to receive an Irish Residence Permit (IRP) card via post.

To facilitate Non-EU/EEA nationals legally resident in the State who are required to renew their current permission and who wish to travel internationally during the Christmas and New Year period, the Minister for Justice is issuing a Travel Confirmation Notice.

The Notice requests carriers to allow individuals to travel on their recently expired IRP card during the period from 06 December 2023 to 31 January 2024 if they have submitted an application to renew their residence permission in advance of the expiry date of their IRP card.

  • Persons should download and print this travel noticeand present it, along with their expired IRP card, and proof of their renewal application (email confirmation that details the date of application) to immigration authorities and airlines if requested to do so.
  • ISD will advise all airlines and foreign missions of the Irish initiatives in place. However, it cannot force them to comply.
  • If you have to travel through a third country to return to Ireland it is a matter for that jurisdiction to require you to meet their immigration requirements including visa etc.
  • Travellers intending to use the travel notice should contact their carrier in advance of travel.
  • Further details on these arrangements can be found here.

12/8/23

An online form (Form 11) for citizenship applications for minors is now available. The Department of Justice previously announced (on 16 October 2023) that citizenship applications can now be made online. At that time, work was still ongoing on the development of an online form for minor applications.

11/17/23

Stamp 4 changes

Effective 30 November 2023, the Department of Enterprise, Trade and Employment (DETE) will cease taking applications for Stamp 4 support letters. This will impact Critical Skills Employment Permit holders, Researchers on a Hosting Agreement, and NCHD Multi-Site General Employment Permit holders wishing to transfer to a Stamp 4 Immigration permission.

However, all applications received by DETE prior to 30 November 2023 will continue to be processed.

The Registration Office, Immigration Services will continue to accept these support letters for applications to register a Stamp 4 residence permission.

Individuals who did not apply to DETE for a support letter prior to 30 November 2023 will be required to provide The Registration Office, Immigration Services the following evidence in support of applications to register a Stamp 4 residence permission:

  • A copy of the biometric page of their current valid passport(s).
  • A copy of the front and back of their current Irish Residence Permit (IRP) card.
  • Copies of the relevant Employment Permit or Hosting Agreement issued by the Department of Enterprise, Trade and Employment.
  • A copy of the most recent payslip.
  • A letter from the employer, dated within the last three months, confirming the job title, location of employment, and dates of employment.
  • Copies of ‘Employment Detail Summaries’ issued for each year of employment covering the duration of the Employment Permit, available here.

Applicants must have been registered and in permission for a total of 24 months under a Stamp 1 on the basis of a Critical Skills Employment Permit and/or Hosting Agreement, or under Stamp 1H as a Non-Consultant Hospital Doctor on the basis of a Multi-Site General Employment Permit. Applications for renewal of permission are accepted up to 12 weeks before expiry to allow sufficient time for processing.

10/27/23

Stamp 4 work permission expanded

On 23 October 2023, the government announced that holders of Stamp 4 immigration permission are now eligible to apply for civil service jobs.

Stamp 4 is an immigration permission allowing work without an employment permit. It is issued for two years and is renewable. It may be granted after a foreign national has had permission to work in Ireland with a Critical Skills Employment Permit for two years, with an employment permit for five years or as a researcher for two years.

10/20/23

Online citizenship applications

Citizenship applications can now be made online, including completing and submitting forms, uploading supporting documents and making payments.

Note that work is ongoing for the development of an online form for minor applications (Form 11).

Applicants who have already begun the application process via the old paper-based system can continue to submit via mail, although it is recommended to submit the online form if possible.

10/13/23

Reminder to residents intending to travel over Christmas holiday period

Immigration Service Delivery has notified its customers that the Immigration Services Registration Office at Burgh Quay in Dublin is currently experiencing a very large volume of applications for renewal of permission, with a current processing time to renew an IRP card of three to four weeks.

Following registration renewal, it may take a further two weeks to receive a new IRP card via post. An in-date IRP card may be required to facilitate travel to and from Ireland.

Non-EEA nationals legally resident in or near Dublin who are intending to travel over the Christmas holiday period and who are required to submit a renewal application are urged to do so online, via the ISD portal, as soon as possible and by 31 October 2023.

Considering the current processing times, of almost 6 weeks, the Immigration Services Registration Office Burgh Quay Dublin cannot guarantee that any renewal submitted after the 31 October 2023 will be processed and an IRP card delivered in time to facilitate travel over the Christmas holiday period.

Please note: Regardless of the date a renewal application is submitted or processed, the validity period for renewal of the permission will be based on the current expiry date.

9/25/23

Irish Resident permit cards for Temporary Protection beneficiaries

The Department of Justice has begun a project to issue Irish Resident Permit (IRP) cards to beneficiaries of Temporary Protection in a phased manner.

The Department of Justice is currently in the process of contacting, in phases, Ukrainians and third country nationals who have been granted Temporary Protection by email to seek proof of current address in order to issue IRP cards. Beneficiaries of Temporary Protection are not required to contact the Department until requested.

9/15/23

Visa now required for Bolivian nationals

On 8 September 2023, the Department of Justice announced that, effective 12 September 2023, all Bolivian nationals are required to obtain a visa before travelling to Ireland. A transit visa is also now required for those intending to transit Ireland end route to another destination.

The new visa requirement for Bolivian nationals brings Ireland into alignment with the visa regimes of the UK and of the Schengen area.

Part 2

New application form for extension of student permission

Domestic Residence and Permissions Division (DRP) has introduced an application form for Extension of Student Conditions.

Non-EEA national students should note that the Student Pathway sets out the immigration route for non-EEA national students.

Those who have been refused registration at their local immigration office and who believe they have exceptional circumstances can apply to DRP for an extension of their student permission using this application form.

Applications are only accepted through the post. The DRP helpdesk cannot process these applications.

Close Open Israel

6/7/24

Ukrainian nationals now require biometric passport

Effective 5 June 2024, temporary measures which allowed Ukrainian nationals to travel to Ireland without a biometric passport will cease to be in effect. All third country nationals, now also including Ukrainians, travelling to Ireland must have a valid biometric passport.

Ukrainian nationals remain non-visa required when travelling to Ireland, and the change does not affect temporary protection status.

As part of an emergency response to the full-scale invasion of Ukraine by Russia in 2022, Ireland temporarily suspended the requirement for a biometric passport from Ukrainian nationals who wished to enter the State. This suspension was aligned with practice in other EU Member States and in accordance with guidelines from the EU Commission.

While the suspension was activated, Ukrainian nationals seeking to enter the State could rely upon alternative documentation as proof of their nationality including expired biometric passports or internal passports

5/31/24

New electronic travel authorisation system from August 2024

The Ministry of Interior has announced that, effective August 2024, all travellers to Israel from visa-exempt countries must obtain an Electronic Travel Authorisation (ETA-IL) to enter the country.

From 1 June 2024, the system will open as a pilot program for nationals of the United States and Germany. During the pilot phase, submitting an application will be voluntary and exempt from fees. The system will open to other nationalities on 1 July 2024.

Those who are eligible will be able to travel to Israel and stay for up to 90 days at a time, for tourism, business and other non-work and non-medical purposes. An ETA-IL is valid for two years or until the expiry of the holder’s passport, and allows for multiple entries. For longer stays and other purposes, travellers must obtain a visa from their nearest Israeli Embassy or Consulate.

Applicants must be a citizen of a visa-exempt country, with a passport valid at least until the end of the visit to Israel.

Applications must be submitted online and an NIS 25 fee must be paid (this will not apply during the pilot period). Processing may take up to 72 hours. Decisions will be sent by email.

11/17/23

Special measures for foreign workers

  • In view of the security situation and in order to assist the operation of hotels, the Population and Immigration Authority has extended, until 31 January 2024, permission for foreign workers in the hotel industry to work in hotels in the same chain or owned by the same owners, throughout the country.
  • The government has authorized the Population and Immigration Authority to admit up to 10,000 construction foreign workers into Israel. Licensed Human Resources companies for foreign employees in the construction sector, will now have the authorization to recruit these foreign workers even in the absence of bilateral agreements with the workers’ countries of origin. This framework will remain effective for a period of 90 days.
  • In addition, government officials have decided to extend, until 31 December 2023, the application submission deadline for companies seeking authorization as Human Resource Organizations to employ foreign workers in the construction industry.

11/10/23

Visa extensions for hotel workers

On 7 November 2023, the Population and Immigration Authority (PIBA) announced an automatic three-month extension of the visas and work permits of all foreign nationals in the hotel sector who are in Israel and whose work permit has expired or will expire before 31 December 2023. The extended visas and work permits are now valid until 31 March 2024.

At the end of this period, and if no further notice of extension is published, these permit holders must file applications to the Foreign Worker Administration of PIBA to extend their visas and employment permits, according to the usual procedures.

11/3/23

Measures during the security crisis

On 29 October 2023, the Population and Immigration Authority (PIBA) announced that all non-work visas due to expire within the next three months are extended until 8 February 2024. After this period, if there is no further notice, visa extension must be carried out as per the usual procedures.

The work visa extension process at the Interior Ministry for expiring B-1 expert work visas is currently not operating as usual. Instead, the Ministry is acknowledging the submission of extension applications and automatically extending the visas for one month at a time.

On 30 October 2023, PIBA announced a three-month extension of the work permits of all foreign nationals in the domestic nursing and agriculture sectors who are in Israel and whose work permit has expired or will expire between the dates 7 October 2023 and 7 January 2024.

On 1 November 2023, the government announced a further series of measures to recruit foreign national workers in the agriculture sector, which is currently experiencing a manpower crisis. These include allowing the immediate entry of 5000 foreign nationals to work in the sector, including foreign nationals who previously stayed in Israel in recognized agricultural training programs, who will be recruited by licensed private agricultural bureaus, not within the framework of bilateral agreements. Ministers also announced the implementation of existing bilateral agreements and the extension of a fast-track process to more countries of origin.

Approximately 7800 foreign agricultural workers have left Israel, out of approximately 30,000 foreign agricultural workers who worked in Israel before the fighting began. In addition, during this period it was decided not to allow the entry into Israel approximately 20,000 Palestinian workers in the agricultural sector.

10/13/23

Security response

The Israeli government has implemented certain measures in response to the ongoing security situation.

The Population and Immigration Authority has extended work visas for all foreign nationals who are in Israel with a valid visa whose validity will expire within the next month. The visas were extended until 9 November 23.

Most Population and Immigration Authority units are closed and will not receive public, including the Population Administration offices and the Foreign Workers Administration. Employers should expect heavy delays in visa processing.

The Population and Immigration Authority has issued a letter to foreign workers in the country and has increased the response hours of the PIBA Call Centre for foreign worker questions and complaints in various languages at the following number; 1700707889.

In addition, several consulates have suspended visa services and several airlines have cancelled all or some flights into or out of Israel’s airports.

Some governments have arranged repatriation flights for their citizens who are in Israel. These include Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Colombia, Cyprus, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Iceland, Italy, Kazakhstan, Mexico, Norway, Poland, Portugal, South Korea, Spain, Switzerland, Thailand, The Netherlands, Ukraine, United Kingdom and United States.

Close Open Italy

April 2025 - 

New law restricts citizenship by descent

On 28 March 2025, the Council of Ministers adopted the “citizenship package”, a set of legislative measures proposed by the Ministry of Foreign Affairs and International Cooperation to reform the citizenship regulations. These measures restrict citizenship by descent.

The reform proceeds in two stages: some provisions will take effect immediately through a decree-law, and subsequently, a comprehensive reform of the substantive requirements and procedures concerning citizenship will be implemented.

The decree-law approved on 28 March 2025 states that Italian descendants born abroad will automatically be citizens for only two generations: only those with at least one parent or grandparent born in Italy will be citizens from birth.

Applications for recognition of citizenship by descent that were submitted before the end of 27 March 2025 will be processed according to the previous regulations.

 

While the decree is already in effect, it must be approved by the Italian parliament and converted into law within 60 days to remain valid, and may be amended in this period.

Consular appointments for citizenship by descent applications have already been suspended. No new appointments can be booked for the time being. Moreover, those who have booked an appointment starting from 2 April 2025 will receive a communication of suspension from the consulate by email.

In the second phase, further and more detailed changes to the citizenship law will be introduced with a first draft law (also approved on 28 March 2025 but still under review). This law primarily requires citizens born and residing abroad to maintain real ties with Italy over time, exercising the rights and duties of citizenship at least once every twenty-five years.

The reform is completed with a second draft law that also revises the procedures for citizenship recognition. Residents abroad will no longer contact consulates but will instead go to a special centralised office at the Italian Foreign Ministry. A transitional period of about one year will be allowed for the establishment of this office. The goal is to make the procedures more efficient, with clear economies of scale. Consulates will need to focus on providing services to those who are already citizens, not on “creating” new citizens.

Finally, the provision includes other measures to improve and modernise service delivery: legalisations, civil registries, passports, identity cards valid for travel abroad.

12/13/24

Stricter rules for family reunification

Law 187/2024 (the conversion into law of Decree Law 145/2024 with some modifications) was published in the official gazette on 11 December 2024 and came into force on 11 December 2024.

Under the terms of the new law, foreign nationals in Italy can bring dependent family members into the country only after completing two continuous years of legal residence (up from one year previously).

This rule applies to eligible family members including spouses, parents and disabled adult children, but does not apply to minor children under age of 18 years, who can join their parents without the two-year waiting period.

Holders of residence permits for international protection are not affected by the rule change. Further details of the implementation of the new rule are expected in the near future.

Stricter rules for family reunification

Law 187/2024 (the conversion into law of Decree Law 145/2024 with some modifications) was published in the official gazette on 11 December 2024 and came into force on 11 December 2024.

Under the terms of the new law, foreign nationals in Italy can bring dependent family members into the country only after completing two continuous years of legal residence (up from one year previously).

This rule applies to eligible family members including spouses, parents and disabled adult children, but does not apply to minor children under age of 18 years, who can join their parents without the two-year waiting period.

Holders of residence permits for international protection are not affected by the rule change. Further details of the implementation of the new rule are expected in the near future.

12/9/24

Senate approves law on entry of foreign workers, exploitation and asylum

On 4 December 2024, the Senate approved a new law regarding the entry into Italy of foreign workers, protection and assistance to victims of labour exploitation, management of migration flows and international protection, as well as related judicial proceedings.

The changes relevant to foreign workers in the first part of the law include the following:

  • Effective 11 January 2025, the registration of fingerprints, currently required for Schengen visas only, is extended to national visas.
  • Pre-filling of work permit applications will be permitted before the “click day” (the day that applications can be submitted), so as to extend the time for checks. The pre-filling period for the February 2025 click days was 1 to 30 November 2024.
  • The IT systems  of the Ministries of the Interior and Labor, INPS, Chambers of Commerce, Revenue Agency and Agid (Agency for Digital Italy) will be integrated in order to automatically verify some types of data in work permit applications
  • A new "click day" is established on 1 October 2025 for the tourism-hotel sector, to satisfy which 30% of the quotas already reserved for the sector will be set aside.
  • The new decree increases the quotas reserved for seasonal workers for the year 2025, which go from 93,550 to 110,000 distributed equally between the agricultural and tourist sectors (without prejudice to the quotas that are reserved for citizens of countries with agreements on migration, respectively 47,000 for the agricultural sector and 37,000 for the tourist sector).
  • Effective January 2025, employers will be required to confirm their intention to employ the foreign worker, before the issuance of the entry visa, within seven days of the communication of the conclusion of the investigations on the entry visa application submitted by the worker.
  • The number of permitted applications will be restricted for three years for employers who do not sign the employment contract after the entry of the foreign worker or who use foreign workers without a contract;
  • The employer must elect a digital domicile (PEC) and sign and send the certificate of housing suitability and the residence contract digitally, removing the need for the employer and the worker to visit the immigration office in person to sign the residence contract. This now also applies to the seasonal work permit.
  • Integration agreements must now also be signed digitally.
  • The authorities are no longer required to issue a notice of rejection before refusing an entry visa.
  • The number of applications that can be submitted by an employer will be limited in proportion to their turnover, number of employees and sector of activity;
  • If the competent employment centre does not communicate within 8 days (reduced from 15 days) of receipt of the request that it has identified one or more available workers in line with the desired profile, the employer may legitimately consider that the labour market search has had a negative outcome and proceed with the request for clearance for work.
  • Seasonal workers will be able to sign a new contract with the same or with another employer within 60 days of the expiry of the previous contract, during the period of validity of the work authorization.
  • Seasonal workers and holders of an EU residence permit for long-term residents issued by another EU Member State will also be able to convert to a fixed-term or permanent work permit outside of the quota limits.
  • An experimental entry route will be introduced in 2025 for up to 10,000 foreign care workers intending to work with the elderly and disabled, through employment agencies and employer organizations. This is in addition to the 9500 quotas already allocated by the decree flows to the family care sector. The click day for the submission of these applications is 7 February 2025. In the first twelve months of employment, these workers will only be able to exercise the authorized work activity and any changes of employer are subject to prior authorization by the competent territorial labour inspectorates. At the end of the twelve months, in the event of an offer of another fixed-term or indefinite employment contract, a new clearance must be requested from the immigration authorities, subject to quotas.
  • The principal that silence implies assent will be removed for the examination phase of applications relating to workers from countries at risk (in 2025 these are Bangladesh, Pakistan and Sri Lanka);
  • More staff will be dedicated to entry procedures for work reasons at the Ministries of the Interior and Foreign Affairs.

11/4/24

Operational guidelines for entry quota applications

On 24 October 2024, the Ministry of the Interior, the Ministry of Labor and Social Policies, the Ministry of Agriculture, Food Sovereignty and Forestry and the Ministry of Tourism sent out a joint circular with operational guidelines on the 2025 entry quotas for foreign national workers.

For the year 2025, the following entries are authorized:

  • 70,720 entries for non-seasonal dependent work;
  • 730 entries for self-employment;
  • 110,000 entries for seasonal employment.

From 1 to 30 November 2024 it will be possible to pre-fill applications for clearance on the portal of the Ministry of the Interior. The same Portal must be used to submit applications starting from the "click days" scheduled for 5, 7 and 12 February 2025, depending on the type of workers.

  • 5 February 2025 for non-seasonal subordinate employment;
  • 7 February 2025 for non-seasonal subordinate employment in family and social assistance;
  • 12 February 2025 for both agriculture and hospitality sectors.

Effective 7 February 2025, for one year on an experimental basis, up to 10,000 additional places can be submitted outside the quota for subordinate employment in family and social assistance for the elderly or disabled.

From 1 to 31 July 2025, it will be possible to pre-fill applications for clearance in relation to the click day of 1 October 2025, dedicated to seasonal work in the tourist-hotel sector.

To access the portal, to pre-fill and then submit applications, a SPID or CIE digital identity is essential. Employers must also have a PEC address registered as a digital address for all communications relating to the application process.

Employers who intend to establish a non-seasonal dependent employment relationship in Italy with foreign national citizens resident abroad must first contact the competent Employment Centre to check the unavailability of workers already present in Italy. The verification is understood to have been carried out with a negative outcome if the employment centre does not communicate the availability of workers present in the territory within eight days of the request

10/14/24

Decree to urgently streamline quota work permit application procedure

On 2 October 2024, the Council of Ministers approved a Decree Law containing “Urgent provisions regarding the entry into Italy of foreign workers, the protection and assistance to victims of corporal, the management of migratory flows and international protection, as well as the related judicial proceedings”

The first part of the decree updates the entry rules for foreign workers under the quota system for 2023-25 as established in the flussi (“flows”) decree of 27 September 2024, following a government review which found problems with the application of the entry procedures.

These urgent measures are as follows:

  • Pre-filling of work permit applications will be permitted before the “click day” (the day that applications can be submitted), so as to extend the time for checks;

  • The IT systems  of the Ministries of the Interior and Labor, INPS, Chambers of Commerce, Revenue Agency and Agid (Agency for Digital Italy) will be integrated in order to automatically verify some types of data in work permit applications;

  • Further "click days" will be established for specific sectors, without altering the quotas;

  • Employers will be required to confirm their intention to employ the foreign worker, before the issuance of the entry visa;

  • The employer must elect a digital domicile; and sign and send the contract of stay digitally, removing the need for the employer and the worker to visit the immigration office in person;

  • The number of permitted applications will be restricted for three years for employers who do not sign the employment contract after the entry of the foreign worker or who use foreign workers without a contract;

  • The number of applications that can be submitted by an employer will be limited in proportion to their turnover, number of employees and sector of activity;

  • Seasonal workers will be able to sign a new contract with the same or with another employer within 60 days of the expiry of the previous contract, during the period of validity of the work authorization;

  • Seasonal workers will also be able to convert to a fixed-term or permanent work permit outside of the quota limits;

  • Special entry channels will be established for refugees and stateless persons;

  • An experimental entry route will be introduced in 2025 for up to 10,000 foreign care workers through employment agencies and employer organizations;

  • The principal that silence implies assent will be removed for the examination phase of applications relating to workers from countries at risk (in 2025 these are Bangladesh, Pakistan and Sri Lanka);

  • More staff will be dedicated to entry procedures for work reasons at the Ministries of the Interior and Foreign Affairs.

The remaining chapters of the decree cover special residence permits for victims of illegal labour exploitation and trafficking, asylum seeker applications and the possibility of appeals against detention decisions.

The decree comes into effect immediately on publication in the Official Gazette of the Italian Republic (or the following day), but must be presented to the Parliament for conversion into law. 

7/26/24

New visa application centre in Indonesia

Italy has opened a new visa application centre in Jakarta, Indonesia.

All Indonesian and foreign nationals, residing in Indonesia or in East Timor who need to obtain a visa for Italy, must submit their application in person, upon requesting an appointment, Monday to Friday from 8.00am to 3.00pm at the new Italy Visa Application Centre (PT VFS Services Indonesia).

Any information on how to book appointments and requirements for submitting applications can be retrieved through:

The Embassy’s appointment system Prenot@mi is no longer active.

6/7/24

New long-stay visa required for family members of Italian and EU citizens

Following the recent amendment to Article 23 of Legislative Decree 30/2007, the Italian government has announced that short-stay visas (VSU) for tourism/visit to family members will no longer be issued to foreign family members of Italian or EU citizens who intend to reunite with their family member permanently residing in Italy.

Instead, effective 1 June 2024, foreign family members of Italian or EU citizens, traveling to Italy for family reunification and intending to stay more than 90 days, will be issued a national visa for “family reasons”.

The following family members are entitled to family reunification:

  • The spouse;
  • The partner who has contracted a registered partnership with the EU citizen based on the legislation of a Member State, provided the legislation of the host Member State equates the registered partnership to marriage and in accordance with the conditions laid down by the relevant legislation of the host Member State;
  • Direct descendants under the age of 21 or dependent, and those of the spouse or partner;
  • Direct ascendants who are dependent, and those of the spouse or partner.

Visas will be issued free of charge. The visa application can be submitted through the Prenotami portal. Nulla Osta (entry clearance) from the unified immigration desk (SUI) in Italy is not required. The visa will be valid for 365 days with multiple entries. Family members must apply for a residence permit for “family reasons” within eight days of entering Italy by completing the appropriate application at the Post Office.

For family members accompanying or joining the Italian or EU citizen for periods of less than 3 months, a visa for tourism or visit to family members will continue to be issued free of charge.

5/24/24

Residence permit for pending citizenship allows work

The government has clarified that holders of a residence permit for pending citizenship are permitted to work.

An eligible foreign national wishing to apply for Italian citizenship must first enter Italy and register their residency at the city hall (commune). They should have prepared all the supporting documents, duly legalised and translated as necessary, before arrival. Once they have submitted a citizenship application in Italy, they can submit an application for a residence permit for pending citizenship through police headquarters (questura) via the authorized Post Office.

According to the government’s latest guidance, residence permits for pending citizenship can be converted into a residence permit for work purposes, allowing the holder to carry out work, even before the residence permit has been issued. While waiting for the appointment at the police headquarters for the issuance of the residence permit for pending citizenship, the holder can start carrying out a work activity supported by the submission receipt of the residence permit application, subject to the employer sending the necessary communication (Unilav) in the case of employment or reporting the employment relationship to INPS (in the case of domestic work).

For the crediting of the salary it is necessary to open a bank or postal account, which is possible even before the issuance of the residence permit, using the submission receipt of the residence permit application.

The government guidance also clarifies that a holder of a residence permit for pending citizenship can also apply for family reunification.

5/10/24

Application details for Digital Nomad Visa published

The Consulate General of Italy in London has published the list of documents which must be submitted in support of an application for the new digital nomad and remote worker visas.

The implementing decree for the digital nomad visa was published in the official gazette on 4 April 2024 and concerns highly-qualified non-EU national workers who work remotely while resident in Italy, either as a freelancer (digital nomad) or as an employee of a company (remote worker) which can be based outside Italy. The visa is exempt from the annual quota limits, and it is not necessary to apply for a work permit.

Applicants, who must submit their application in person at the consulate, require proof of education or professional experience to be qualified as a highly-skilled worker:

  • A Bachelors’ Degree or a post-secondary professional qualification (lasting at least three years); OR
  • At least three years of relevant professional experience gained in the seven years prior to the application submission, proving that the applicant is a manager or specialist in the specific field; OR
  • A professional qualification supported by at least five years of professional experience (providing, as supporting evidence, the employment contract or the binding offer + company information and a letter from the employer specifying: role, starting date and duration of the contract.)

Applicants also require:

  • An annual income at least three times the minimum required for exemption from health care participation expenses;
  • Health insurance for the entire period of stay;
  • Accommodation in Italy;
  • At least six months of work experience as a digital nomad or remote worker;
  • (For remote workers) an employment contract or job offer for a highly qualified position (the salary must not be lower than the average net salary for the field);
  • Round-trip travel ticket reservation for short-term Schengen Visa shorter than 90 days; One way travel tickets reservation for long-term National visa longer than 90 days;
  • a declaration signed by the employer attesting the absence of criminal convictions in the last five years.

The consulate notes that it can take up to 90 days to process remote worker visa applications and up to 120 days to process digital nomad visa applications. The applicant’s passport will be kept by the consulate during processing.

 

 

Online application now available for new out-of-quota work permit

 

Non-EU nationals who have worked abroad for at least twelve months for Italian companies, or companies owned by Italian companies, can also come to work in Italy for those same companies, regardless of the quotas authorized by the government. This is a new category of out-of-quota work permit introduced a few months ago in the Consolidated Law on Immigration (Dec. 286/1998, art. 27 paragraph 1, letter i bis).

Since 16 April 2024, the form to request the authorization of the entry of these workers into Italy 
is available on the Service Portal of the Ministry of the Interior.

The same form will continue to be used for applications for intra-corporate transfers as referred to in art. 27-quinques.

3/8/24

Quota application forms made available 

On 29 February 2024, it became possible to begin prefilling applications for hiring non-EU workers under the quotas authorized by the government for 2024 through the quota decree (“decreto flussi”). The forms are available on the dedicated ALI Portal, along with further instructions, which are also given here.

However, applications cannot be submitted until the relevant “click day”, as follows:

  • from 18 March 2024, applications can be sent for non-seasonal employees who are citizens of countries that have cooperation agreements with Italy;
  • from 9:00 am on 21 March 2024, applications can be sent for other non-seasonal employees (also in the family and social and social assistance sector);
  • from 9:00 am on 25 March 2024, applications for seasonal workers can be sent.

For 2024, the 151,000 quotas are to be allocated as follows:

  • 89,050 quotas for seasonal work in agriculture, hospitality and tourism, reserved to certain nationalities;
  • 61,250 for non-seasonal work as an employee;
  • 700 quotas for self-employment.

2/2/24

Foreign worker “click days” postponed

On 29 January 2024, the government announced the postponement of the opening days (“click days”) for the submission of applications to hire foreign workers under the 151,000 quotas authorized by the government for 2024 through the flows decree (“decreto flussi”).

A Decree of the President of the Council of Ministers has amended the calendar of click days (initially scheduled for 5, 7 and 12 February 2024) for the different types of workers as follows:

  • from 18 March 2024, applications can be sent for non-seasonal employees who are citizens of countries that have cooperation agreements with Italy;
  • from 9:00 am on 21 March 2024, applications can be sent for other non-seasonal employees (also in the family and social and social assistance sector);
  • from 9:00 am on 25 March 2024, applications for seasonal workers can be sent.

For 2024, the 151,000 quotas are to be allocated as follows:

  • 89,050 quotas for seasonal work in agriculture, hospitality and tourism, reserved to certain nationalities;
  • 61,250 for non-seasonal work as an employee;
  • 700 quotas for self-employment.

11/10/23

Start date for new EU Blue Card rules

The decree which transposes EU Directive 2021/1883 into Italian law, and introduces new rules for the entry and residence of highly qualified foreign nationals under the EU Blue Card scheme, was published in the official gazette of 2 November 2023. The new rules will enter into force on 17 November 2023.

Under the new rules:

  • Applications for unregulated professions now require a two-year university degree, or post-secondary professional qualifications of at least two years, or five years of relevant professional experience (or three years of relevant professional experience for information technology managers and specialists. Previously, a three-year university degree was always required.
  • Beneficiaries of international protection and seasonal workers are now entitled to apply for an EU Blue Card.
  • A job offer of at least six months is required, with an annual salary not lower than that established by national collective agreements.       Previously, a job offer for at least one year was required, with a minimum salary at least three times the minimum wage.
  • During the first 12 months of legal employment (rather than 24 months as previously), the EU Blue Card holder is restricted in terms of changing employer and carrying out works not fulfilling the criteria for admission.
  • An EU Blue Card holder can now conduct self-employed work alongside their highly-skilled employment. This was not previously permitted.
  • A holder of an EU Blue Card issued by another EU member state can enter Italy and stay for up to 90 days in any 180-day period to work. Previously only business activities were allowed.
  • A holder of an EU Blue Card issued by another EU member state can enter Italy without a visa and stay for work for more than 90 days if they have been legally resident in the issuing state for at least 12 months (previously 18 months).

10/20/23

Proposal to charge foreign nationals for use of health service.

On 16 October 2023, Italy’s Economy Ministry announced that the government has approved a draft budget bill for 2024-26 which includes the requirement for non-EEA residents to contribute EUR 2000 per year to use the national health service.

According to the budget, which still requires EU approval, the amount of the contribution will be reduced for foreign nationals holding a residence permit for study and for au pairs.

New rules for EU Blue Card approved

The Italian government has approved a decree which transposes EU Directive 2021/1883 into Italian law, introducing new rules for the entry and residence of highly qualified foreign nationals under the EU Blue Card scheme.

Under the new rules:

  • Applications for unregulated professions now require a two-year university degree, or post-secondary professional qualifications of at least two years, or five years of relevant professional experience (or three years of relevant professional experience for information technology managers and specialists. Previously, a three-year university degree was always required.
  • Beneficiaries of international protection and seasonal workers are now entitled to apply for an EU Blue Card.
  • A job offer of at least six months is required, with an annual salary not lower than that established by national collective agreements.       Previously, a job offer for at least one year was required, with a minimum salary at least three times the minimum wage.
  • During the first 12 months of legal employment (rather than 24 months as previously), the EU Blue Card holder is restricted in terms of changing employer and carrying out works not fulfilling the criteria for admission.
  • An EU Blue Card holder can now conduct self-employed work alongside their highly-skilled employment. This was not previously permitted.
  • A holder of an EU Blue Card issued by another EU member state can enter Italy and stay for up to 90 days in any 180-day period to work. Previously only business activities were allowed.
  • A holder of an EU Blue Card issued by another EU member state can enter Italy without a visa and stay for work for more than 90 days if they have been legally resident in the issuing state for at least 12 months (previously 18 months).

The decree will enter into force after it has been published in the Official Gazette.

10/6/23

2023-25 quota decree passes into law

The Decree of the President of the Council of Ministers of 27 September 2023 "Programming of legal entry flows into Italy of foreign workers for the three-year period 2023-2025" was published on 3 October 2023 in the Official Gazette.

The decree establishes a three-year immigration plan with a quota of 452,000 non-EU nationals permitted to enter for work between 2023 and 2025. In the past, quota decrees have been issued annually.

The 2023-25 quota (“Flussi”) decree increases the entry quotas for work and extends the professional categories and production sectors involved. Moreover, the quotas increase in each of the three years.

The 2022 quota decree allowed 82,705 entries: The proposed decree allows for 136,000 entries in 2023, 151,000 in 2024 and 165,000 in 2025.

For the 2023 quotas, applications may be submitted as follows:

  • from 2 December 2023, for non-seasonal employees from countries that have cooperation agreements with Italy;
  • from 4 December 2023 ,for other non-seasonal employees;
  • from 12 December 2023, for seasonal workers.

For 2023, the 136,000 quotas are to be allocated as follows:

  • 82,550 quotas for seasonal work in agriculture, hospitality and tourism, reserved to certain nationalities;
  • 52,770 for non-seasonal work as an employee.
    • In freight transportation, building, hospitality and tourism, mechanics, telecommunications, food, shipbuilding, transportation of passengers by bus, fishing, hairdressing, electricians, plumbers:
      • 2000 for citizens of countries that promote media campaigns regarding the risks resulting from involvement in irregular migration;
      • 25,000 for the following nationalities. Albania, Algeria, Bangladesh, Bosnia-Herzegovina, South Korea, Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines Gambia, Georgia, Ghana, Jordan, Japan, Guatemala, India, Kyrgyzstan, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Peru, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine;
      • 12,000 for citizens of countries with which Italy has cooperation agreements;
      • 100 (employed or self-employed) reserved for foreign nationals who have Italian ancestry and reside in Venezuela;
      • 200 (employed or self-employed) reserved for stateless persons and refugees;
    • 9500 quotas for workers in the family care and support services;
    • 500 quotas for self-employment for:
      • Entrepreneurs intending to implement an investment plan of interest for the Italian economy, involving an investment of at least EUR 500,000 and creating at least three new jobs in Italy;
      • Freelancers/independent contractors who intend to practise regulated or controlled professions;
      • Chairman, CEO, director or auditor in an Italian company, active for at least three years;
      • Foreign citizens who intend to set up innovative start-up companies and who have a self-employment relationship with the start-up;
      • Internationally well-known artists, artists of recognised high professional qualification or artists who are hired by well-known Italian theatres, important public institutions, public television or well-known national private television;

4000 quotas for conversion from seasonal to standard work permits, for non-EU nationals already in Italy/EU.

Close Open Japan

March 2025

Start dates for pre-entry tuberculosis screening

Pre-Entry TB screening (JPETS) is to be introduced, initially for nationals of Nepal, the Philippines and Vietnam, who intend to enter Japan for medium-term or long-term stays, to ensure that they do not have active TB before traveling to Japan. A dedicated website has now been launched.

For nationals of the Nepal and the Philippines, the TB testing requirement is scheduled to begin on 24 March 2025, and the TB clearance certificate is required for Certificate of Eligibility applications from 23 June 2025.

For Vietnamese nationals, testing is due to commence on 26 May 2025, with the certificate requirement taking effect from 1 September 2025.

The implementation timeline for China, Indonesia and Myanmar is yet to be announced.

Feb 2025

New immigration fees published

The Immigration Services Agency has announced that, effective 1 April 2025, the fees for various immigration procedures, such as change of residence status and extension of stay period, will be revised. New fees will also apply to online applications, where available. The updated fees will apply to applications accepted from 1 April 2025.

The fee for change of status or for extension of stay will increase from JPY 4000 to JPY 6000 (or JPY 5500 for an online application.

The fee for permanent residence will increase from JPY 8000 to JPY 10,000.

5/6/24

Visa exemption for nationals of Panama

Effective 1 April 2024, Japan has implemented visa-free entry for nationals of Panama.

Panamanian nationals holding valid, ordinary passports may enter Japan without obtaining a visa for a short-term stay not exceeding 90 consecutive days.

This waiver does not apply to entry for the purposes of seeking employment or exercising a profession or other occupation (including public entertainment and paid sporting activities).

Japan now has visa exemption arrangements for nationals of 71 countries.

4/16/24

Four new industries added to Specified Skilled Worker program

Effective 29 March 2024, the government has expanded the list of industries eligible for the Specified Skilled Worker (SSW) program. Four new fields have been added for applicants to the Type 1 SSW visa: automotive transport, railways, forestry and lumber.

The SSW is a status of residence allowing foreign nationals to work in certain fields. The Type 1 visa allows workers with considerable knowledge or experience to stay in Japan for five years but not to bring their families. The Type 2 visa allows workers with “proficient skills” to remain in Japan indefinitely with the possibility of bringing their family members.

Type 1 applicants must pass Japanese language proficiency skills proficiency tests, unless they have satisfactorily completed Technical Intern Training.

12/16/24

Digital nomad visa forthcoming

It has been reported that Japan’s Immigration Services Agency has announced that it will introduce a six-month digital nomad visa in March 2024. The final conditions, benefits and application procedure are not yet finalised but the following details have been reported:

The visa is non-extendable and the digital nomad will not be able to apply for another digital nomad visa within six months after leaving Japan. Holders are permitted to apply for a working visa while in Japan.

Eligible applicants must be working remotely for an employer outside of Japan and must have an annual income of at least JPY 10 million. Applicants must also be from one of the 49 countries whose citizens are visa exempt for Japan, and must be from a country which has entered into a tax treaty with Japan. The digital nomad must also obtain traveller’s health insurance covering their stay.

A certificate of eligibility will not be required and the applicant can submit the application directly to the Japanese consulate with jurisdiction for their country of residence.

Digital nomads will not be considered residents of Japan so will not be able to open a bank account or rent long-term accommodation; but they will not be liable for tax in Japan. They can be accompanied by their family members but cannot enroll their children in school in Japan.

The Immigration Services Agency is accepting public comment on the proposed plan.

Close Open Japan / Luxembourg

5/31/24

New working holiday program

Effective 3 June 2024, the governments of Japan and Luxembourg will introduce a bilateral working holiday program, allowing nationals of these countries aged between 18 and 30 years to travel to and work in each other’s countries for up to one year.

Applicants must hold a valid passport and a return travel ticket or sufficient funds to purchase such a ticket, as well as proof of reasonable funds for their maintenance during their stay.

Close Open Kazakhstan

March 2025

New visa options for skilled professionals and digital nomads

The Ministry of Foreign Affairs has launched three new visa categories designed to attract skilled professionals, entrepreneurs, and remote workers.

The Neo Nomad Visa (B12-1), the Digital Nomad Visa (B9-1) and the Visa for Permanent Residence (B9) aim to provide flexible pathways for those seeking long-term opportunities in Kazakhstan, for career growth, business expansion, or remote work.

Neo Nomad Visa (B12-1)

The Neo Nomad Visa (B12-1) is specifically designed for professionals and digital entrepreneurs who want to live in Kazakhstan and work remotely while maintaining their foreign income.

  • The Neo Nomad Visa is a multiple-entry visa valid for up to one year.
  • Visa holders can extend their stay for up to an additional year within Kazakhstan.
  • Family members and dependents can obtain a visa for the same duration, though work and religious activities are restricted under Kazakh law.

Digital Nomad Visa (B9-1)

The Digital Nomad Visa (B9-1) is intended for highly sought-after professionals in the IT industry who are relocating to Kazakhstan to obtain permanent residence.

  • A single-entry electronic visa is available via the Visa and Migration Portal, valid for up to one year.
  • A multiple-entry paper visa, also valid for up to one year, can be obtained through the Ministry of Internal Affairs on a basis of single entry electronic B9-1 visa.

The Digital Nomad Visa allows professionals to settle in Kazakhstan while completing the permanent residence application process. A petition from Astana Hub or an authorised body in Kazakhstan’s IT sector is required to obtain the Digital Nomad Visa.  

Visa for Permanent Residence (B9)

The B9 visa provides a structured pathway for foreign professionals with in-demand skills in fields such as medicine, science, innovation, education, and the creative industries, enabling them to establish a long-term presence in Kazakhstan.

  • Kazakh diplomatic missions issue:
    • Single-entry visas valid for up to 90 days.
    • Multiple-entry visas up to 90 days, issued once per year.

Once in Kazakhstan, professionals can transition to permanent residency.

11/19/24

Updated regulations introduce new visa categories

Effective 18 November 2024, Kazakhstan is implementing updated visa regulations, including several new visa types, aimed at creating favourable conditions for business immigrants, skilled professionals, and travellers.

The new measures include:

  • B9 Visa – for representatives of sought-after professions, which allows further registration of a residence permit;
  • Digital Nomad Visa – a single-entry electronic or multiple-entry paper visa for Information Technology specialists, allowing long-term residence;
  • Neo Nomad Visa – a tourist visa for “neo-nomads” granting extended stays for those with a verified monthly income of at least USD 3000;
  • The required documentation for a C5 business visa has been significantly reduced, and the minimum duration of marriage for family reunification visas has been shortened from three years to one.

These measures aim to improve the investment climate, foster international collaboration, attract skilled professionals, and enhance Kazakhstan’s appeal as a tourist destination.

10/27/23

Visa-free agreement with China

The Ministry of Foreign Affairs of Kazakhstan has announced that the agreement on the mutual exemption from visa requirements between China and Kazakhstan, signed on 17 May 2023, will come into force on 10 November 2023.

According to the agreement, nationals of the two countries are exempt from visa requirements for the purposes of business, tourism, private affairs, medical treatment, international transport and transit. The period of stay must not exceed 30 calendar days from the moment of crossing the border, and a total of 90 calendar days within 180 calendar days.

If citizens need to stay for more than 30 days, they will need to obtain an entry visa of the appropriate category in advance. The visa-free regime does not provide the right to work, study or carry out missionary activity.

 

Deadline for 2024 quota applications

The deadline for employers to submit quota applications for 2024 is 30 September 2023.

A quota application must be submitted to the Employment Department by an employer which wishes to bring foreign nationals to work in Kazakhstan. Applications must be submitted in all regions where the company plans to employ the foreign workers, and should include the number of foreign nationals the company currently employs and plans to employ in the next year.

A quota application is not required for intra-corporate transferees or those eligible for work permit exemptions (for example investors or directors of 100% foreign-owned companies).

 

Close Open Kenya

11/17/23

Immigration fees increased

On 7 November 2023, the Kenyan Department for Immigration and Citizen Services (DICS) published increased fees for immigration services, including for work permits, visas and consular services, permanent residence, citizenship, passports and the registration of births and deaths.

However, after the High Court suspended the gazette notice, the government revoked it and, on 14 November 2023, published a new notice with adjusted fee increases, which is intended to take effect on 1 January 2024.

The State Department for Immigration and Citizen Services has been directed to conduct and complete a public consultation no later than 10 December 2023.

Close Open Kyrgyzstan

10/27/23

Visa-free entry for certain citizens of China and India

The government has introduced visa-free entry for up to seven days for nationals if China and India holding long-term multiple-entry visas issued by the United Kingdom or a Schengen zone country. Eligible nationals are also permitted to re-enter Kyrgyzstan after 21 days after departure from the country.

Moreover, the government has announced visa-free entry for up to 30 days (with a return air ticket) for permanent residents of Hong Kong or Macau, with the right to re-enter after 30 days after departure from the country.

Close Open Kuwait

5/31/24

Manpower Authority introduces fee for new work permits

Effective 1 June 2024, the Public Authority for Manpower of Kuwait (PAM) is introducing a fee of KWD 150 for new work permits.

Certain sectors are exempt from this new fee:

  • Companies wholly owned by the government;
  • Hospitals, dispensaries, medical centres and clinics licensed by the Ministry of Health;
  • Universities and private colleges;
  • Private schools;
  • Foreign investors approved by the Investment Promotion Authority;
  • Sports clubs, federations, public benefit associations, cooperative societies, trade unions and charitable endowments;
  • Agricultural plots licensed by the General Authority for Agriculture Affairs and Fish Resources;
  • Fishing;
  • Barns, grazing sheep and camels;
  • Commercial and investment real estate;
  • Industrial establishments and small industries.

At the same time, a fee of KWD 300 will be introduced for transferring a foreign worker to a different employer within the first three years of their stay in Kuwait, with the approval of the current employer.

The details were set out in Ministerial Resolution No. 2 of 2024.

5/24/24

Fingerprinting deadline extended

The Kuwaiti Ministry of the Interior has extended the deadline for citizens to register their fingerprints in the national biometric database until 30 September 2024, and for foreign residents until 30 December 2024. The original deadline, announced in March 2024, was 1 June 2024.

After the respective dates, anyone who has failed to register will be denied access to Ministry of Interior transactions.

Registration centres with biometric scanners have been opened at all border crossings including at Kuwait international airport, and at certain shopping centres. Citizens and foreign nationals can also book an appointment through the Meta platform (English language only) or the Sahel app.

Travellers are permitted to leave Kuwait without registering their fingerprints, as they will be registered on their return.

3/8/24

Three-month fingerprinting deadline

The Kuwaiti Ministry of the Interior has given citizens, Gulf Cooperation Council citizens and foreign residents a deadline of 1 June 2024 to register their fingerprints in the national biometric database.   After that date, anyone who has failed to register will be denied access to Ministry of Interior transactions.

Registration centres with biometric scanners have been opened at all border crossings including at Kuwait international airport, and at certain shopping centres. Kuwaitis can also book an appointment through the Meta platform or the Sahel app (Play StoreorApp Store“).

Travellers are permitted to leave Kuwait without registering their fingerprints, as they will be registered on their return.

2/9/24

Expanded family visa

Effective 28 January 2024, the government has resumed the issuance of family residence visas.

Eligibility has also been expanded to include the dependent spouse and children of foreign national residents who have a minimum salary of KD 800 (up from KD 550 before these visas were suspended in 2022). The minimum salary requirement may be waived for applications for children aged up to five years whose parents are both resident in Kuwait.

Other family members of the principal applicant are not currently eligible for family residence visas.

The principal applicant must also have a university degree corresponding to their field of work in Kuwait. Certain professions are exempt from this requirement:

  • Advisors, judges, prosecutors, experts, and legal researchers in the government sector;
  • Medical professionals, including doctors and pharmacists;
  • University, college, and higher institute professors;
  • School administrators, vice principals, education mentors, teachers, social workers, and laboratory attendants in the government sector;
  • Financial and economic advisors in universities;
  • Engineers;
  • Imams, preachers, and muezzins in mosques;
  • Librarians in government agencies and private universities;
  • Ministry of Health staff, including nurses, paramedics, medical technicians, and social service workers;
  • Social workers and psychologists in the government sector;
  • Journalism, media professionals, and correspondents;
  • Sports coaches and athletes in federations and clubs;
  • Pilots and flight attendants;
  • Professionals overseeing burial preparations and services.

Family residence visa applications must be submitted within Kuwait after arrival on an entry visa, and the process must be completed within two months of entry. This visa does not permit employment.

Visit visas resumed

On 5 February 2024, the Ministry of the interior announced the resumption of visit visas for family , commercial and tourist purposes, effective 7 February 2024.

A family visit visa is issued to the parents, spouse or children of foreign national workers earning a monthly salary of at least KD 400, and to other relatives if the foreign national worker earns at least KD 800 per month.

A commercial visit visa can be issued at the request of a Kuwaiti company or institution to foreign nationals with university or technical qualifications, for purposes in line with the company’s field of activity.

A tourist visit visa can be issued to nationals of 53 countries either directly on arrival at the port of entry or online via the Ministry of Interior website (the list of eligible nationalities is also at this link).

The tourist visit visa can also be issued to residents of Gulf Cooperation Council countries with professions specified in the Ministerial Resolution no. 2030/2008 and its amendments.

Finally, the tourist visit visa can be issued by hotels and companies connected to the Residency Affairs Department’s system.

 

9/15/23

Debts must be cleared before residence permit renewals

The Interior Ministry has announced that, effective 10 September 2023, foreign nationals wishing to renew their residence permits must first ensure that they have paid off all debts owed to state authorities.

Meanwhile, the Public Authority for Manpower (PAM) has issued new regulations for modifying the work permit information of foreign workers.

If an employer wishes to make changes to the foreign worker’s name, date of birth or nationality, they must first apply through the Ashal service for the cancellation of the visa associated with the worker. This application must be submitted within two weeks of the issuance of the work permit.

Once the visa is cancelled, the employer must visit the Ministry of Interior to modify the data held for the foreign worker and to apply for a new work permit.

Furthermore, PAM has introduced a new electronic service for the cancellation of the entry visa of an expatriate worker, accessible via the authority’s electronic services portal.

Close Open Lithuania

11/4/24

Residence permit application rules to be tightened

The government has announced that, from 1 December 2024, the conditions for submitting applications for residence permits in Lithuania through an external service provider are being tightened.

From that date, only citizens of the country where the external service provider operates can apply to the branch of the external service provider for temporary residence permits and national visas.

Citizens of countries where there is no branch of an external service provider will be able to apply for a temporary residence permit in Lithuania through an external service provider located in another country, if they plan to come to Lithuania for one of the following purposes:

  • family reunification;
  • highly qualified work;
  • invitations to study;
  • transfer within a company;
  • teacher or researcher;
  • visit to a large investor;
  • collective relocation in accordance with the provisions of the Law on Investments.

Due to the closure of the external service provider's office in Nepal, all foreign nationals who submitted temporary residence permit applications before 1 September 2024 may make appointments to visit this branch until 31 December 2024 (it will still be possible to collect documents after 1 January 2025).

Citizens of countries where there is no branch of the external service provider will be able to submit applications for a national visa, except for employees posted to Lithuania or seasonal workers.

The conditions for submitting applications in the unit operating in India do not change.

The conditions for submitting applications for citizens of Australia, Canada, India, Japan, New Zealand, South Korea, the United Kingdom and the United States also remain unchanged - they will continue to be able to submit applications for a temporary residence permit or a national visa at any external service provider.

In 2024, the number of outsourced offices has already been reduced from 34 to 30 - the offices in Lebanon, Jordan, Nepal and Sri Lanka have all been closed.

7/12/24

Stricter requirements for employment of foreign nationals

Effective 1 July 2024, foreign nationals arriving in Lithuania using the visa-free regime, national or Schengen visas, or residence permits issued by other countries will no longer be able to work in Lithuania without first obtaining a temporary residence permit issued in Lithuania, according to the Migration Department.

The following exceptions apply:

  • Foreign nationals who are sent to Lithuania to work as employees of a company established in a member state of the European Union or the European Free Trade Association;
  • crew members of ships sailing international routes under the flag of Lithuania;
  • foreign nationals coming to Lithuania for no more than three months a year to conduct affairs related to the conclusion and execution of contracts, staff training or equipment installation;
  • entrepreneurs who are shareholders and managers of companies;
  • highly skilled athletes;
  • performers;
  • journalists accredited by the Ministry of Foreign Affairs;
  • individuals officially engaged in religious activities;
  • foreign nationals who come to Lithuania to carry out governmental or voluntary programs recognized by the European Union or its member states;
  • lecturers and researchers who come to conduct scientific research as researchers, having labour or copyright contracts signed with scientific or research institutions; 
  • nationals of economically developed countries (Australia, Japan, United Kingdom of Great Britain and Northern Ireland, United States of America, Canada, New Zealand, South Korea) who come to work or engage in other legal activities.

Foreign nationals who started working in Lithuania before the amendments to the Law on the Legal Status of Aliens came into effect will have the right to work until the end of their legal stay or until they acquire the right to work on other grounds provided for by the said law. The migration department gives the following example:

… a Belarusian citizen who came to Lithuania with a Polish national visa and is employed here per the shortage occupation list will be able to work as long as his or her visa remains valid. If such a foreigner wishes to continue working in Lithuania, he or she should apply for a Lithuanian work-based temporary residence permit as soon as possible. In such cases, the Migration Department advises to apply for new permits at least four months before the expiration date of the existing documents.

The submission of an application for a temporary residence permit does not grant the permission to stay and work in Lithuania if the previously held permit has already expired. Working without a valid permit is illegal, and in such cases the employer who violates the legislation will become subject to administrative liability. In addition, the employer fined for allowing illegal or undeclared work or violations of the procedure for employment of foreign nationals will be prohibited from hiring new foreigners for one year.

Additional transparency and responsibility criteria for companies employing foreigners in Lithuania

After the amendments to the Law on the Legal Status of Foreigners entered into force on 1 July 2024, transparency requirements for Lithuanian companies employing foreign nationals have been tightened, and additional restrictions introduced for foreign nationals employees.

 

Effective immediately:

  • It is mandatory to conclude a minimum six-month employment contract with the employed foreigner;
  • The foreign national must be employed full time.
  • The employer must EITHER pay the foreign national a monthly salary of at least the last published average monthly gross salary for the calendar year (currently EUR 2013.8) OR to provide information about the foreign national’s relevant qualifications AND at least one year of work experience in the last three years. Previously, either qualifications or experience was sufficient.
  • The company must have been carrying out the activity for which the foreign national is invited for at least the last six months;
  • Foreign nationals are now permitted to work for no more than four employers. All additional employers will need to be specified by the employer providing the mediation letter.
  • It is now possible to submit a request for permission to change employer only after six months from the date of obtaining the existing temporary residence permit.
  • The employer must have any necessary licenses and/or permits for the activities to be carried out by the foreign national;
  • The employer must not have been penalized administratively for not reporting changes in the foreign national’s data or for providing false data or other assistance to the foreigner in obtaining an immigration document; or for allowing illegal work, undeclared work or violations of the procedure for hiring foreigners in the past year; or for providing false data, or illegally obtained or forged documents.
  • There must be no serious reason to believe that the company is fictitious or that the foreign nationals it invites may pose a threat of illegal migration.

If the Migration Department determines that the company intending to employ a foreign national fails to meet any of these requirements, it will be prohibited from employing foreign nationals for six months from the date of determination of such circumstances.

Holders of revoked residence permits no longer able to deliberately delay departure

Effective 1 July 2024, the decision of the Migration Department to cancel a residence permit will no longer be automatically suspended if an appeal is submitted. This means that the residence permit will be declared invalid, regardless of whether the foreign national appeals against the cancellation decision.

Previously, the temporary or permanent residence permit card remained valid even though the holder failed to meet the usual requirements. Those who remained in Lithuania could attempt to legitimize their stay in the country in a variety of ways, for example by finding another employer, by starting studies, by entering into marriages with Lithuanian citizens.

Now, if the foreign national does not leave Lithuania within 14 days after the cancellation of the residence permit, a decision of his or her return will be issued.

If the return decision is not enforced, the foreign national will be deported and prohibited from entering the Republic of Lithuania.

Close Open Luxembourg

April 2025 - New list of shortage occupations published

The 2025 list of occupations in high shortage has just been published in the Official Journal.

This list highlights occupations (including their sub-categories) that are in high demand among recruiters but have very few available candidates registered with ADEM. This year, 22 occupations have been identified, compared to 24 in the previous year. Employers seeking skilled workers in these fields can benefit from simplified and expedited procedures for hiring third-country nationals.

As required by law, the list is reviewed annually in the first quarter, based on objective data from the previous year. Key factors include:

  • The number of job vacancies reported to the ADEM labour agency
  • The number of registered job seekers in the same occupation
  • The number of vacancies for which no suitable candidate could be matched

Several new occupations have been added for 2025, particularly in the mechanics sector:

  • Industrial Mechanical Maintenance (I1310)
  • Aircraft Maintenance (I1602)
  • Bodywork Repair (I1606)

Additionally, Management Consultants (M1402) and Railway Network Traffic Agents (N4401) have been included.

At the same time, some occupations have been removed:

  • Back and Middle Office Financial Market Management (C1302)
  • Roofing Installation and Restoration (F1610)
  • Production Management and Engineering (H2502)
  • Installation and Maintenance of Industrial and Operational Equipment (I1304)
  • Psychology (K1104)
  • Human Resources Development (M1502)
  • IT Systems Consulting and Project Management (M1806)

Although these professions remain in demand, the imbalance between available candidates and vacancies in 2024 no longer meets the criteria for the "high shortage" category.

Benefits for Employers

To ensure the high-shortage occupation list accurately reflects labour market needs, it is essential for employers to report all job vacancies to ADEM. This enables them to take advantage of various benefits when recruiting qualified professionals from third countries.

The application for a foreign labour certificate can be submitted by the employer either at the time of declaring a job vacancy to ADEM or later, during the validity period of the job listing. If the position falls under a high-shortage occupation, the certificate is issued within five working days of receipt confirmation.

7/12/24

Changes to EU Blue Card rules

Luxembourg has recently adopted legislative changes concerning the status of highly qualified workers from third countries.

The new law aims to make the EU Blue Card more attractive to foreign talent by simplifying the application process, thereby meeting the needs of the labour market in the face of skills shortages.

Some of the key changes include:

  • the minimum duration of eligible employment contracts has been reduced from one year to six months;
  • the required salary threshold has been adjusted to correspond to the average gross annual salary in Luxembourg, which is currently EUR 58,968;
  • free access to the job market after 12 months instead of two years as was the case previously;
  • introduction of short-term and long-term mobility in other Member States.

4/4/24

Increased minimum salary thresholds for EU Blue Card

A Ministerial Regulation of 15 March 2024 has fixed the average gross annual salary, thereby increasing the minimum salary threshold for highly skilled third-country national workers applying for an EU Blue Card, effective 24 March 2024.

The National Institute of Statistics and Economic Studies of Luxembourg has determined that the average gross annual salary for the year 2022 was EUR 58,968.

Therefore, the threshold of the minimum salary level for a highly qualified worker is set at 1.5 times the average gross annual salary, which is EUR 88,452 per year (up from EUR 84,780 per year).

For jobs in professions for which a special need for workers who are nationals of third countries is established by the Government, the threshold for the minimum salary level is set at 1.2 times the average gross annual salary, which is EUR 70,762 (up from EUR 67,824 per year).

Effective 1 September 2023, a new law aims to address the shortage of skilled workers by assisting companies to hire skilled foreign workers. The key changes are outlined below.

Third-country national family members of third-country national residents are now permitted to work without obtaining a separate work permit.

  • Third-country nationals who have a 'family member' residence permit now have free access to the Luxembourg labour market as soon as they arrive on the basis of a temporary authorisation to stay. However, they must take the necessary steps to obtain a residence permit as soon as possible.
  • Third-country nationals holding a 'family member' residence permit issued before 1 September 2023 were only authorised to work in Luxembourg if this was explicitly stated on their residence permit and under the conditions set out therein. Since 1 September 2023, they are authorised to work in Luxembourg, regardless of any observations stated to this effect on their residence permit. There are no plans to replace these residence permits which will only cease to be valid on their expiry date. It is only the note or observation on the back of the permit that ceases to be valid from 1 September 2023.

The procedure for approving temporary employment for international protection applicants will also be expedited. For asylum seekers whose process has not been completed after six months, as well as for individuals whose deportation has been postponed or cancelled, the National Employment Agency (ADEM) will no longer conduct a job market test when granting approval for temporary employment.

The period of validity of residence permits issued from this date for the purposes of job search or business creation has been extended from nine to twelve months.

 The process for issuing a certificate permitting the recruitment of third-country nationals will also be simplified.

Companies looking to hire a third-country national must have reported the job vacancy to ADEM and apply for a certificate that authorizes them to hire the person of their choice.

  • For professions listed as shortage professions, ADEM will no longer be required to conduct a job market test. In such cases, the certificate will be issued within five days of receiving the application.
  • For positions not listed as shortage professions, the job market test will still be conducted, but with shortened deadlines.
    • ADEM now has seven working days to assess the availability of job seekers with the required qualifications for the reported position.
    • If no suitable candidate can be proposed, the certificate will be issued within five working days after the seven-day period has expired.
    • However, if ADEM can suggest candidates with the desired qualifications, they have an additional 15 working days to provide the employer with placement suggestions.
Close Open Malaysia

March 2025 - Investor Pass effective date announced

A newly introduced Investor Pass will come into effect on 1 April 2025.

 

The Investor Pass is a multiple-entry visa (MEV) facility introduced for business visitors or foreign investors to facilitate their business activities, particularly for those who have committed to investing in Malaysia through investment agencies or relevant authorities.

Investor Pass holders are permitted to enter Malaysia for a period of six months, with the option to extend for an additional six months, subject to the applicant’s justification and requirements. Applicants are not eligible to bring a dependent or apply for a Dependent Pass.

Business visitors or foreign investors who fall under either of the following categories are eligible to apply for the Investor Pass:

  • New Investor:Potential investors who have not had any investment record in Malaysia.
  • Investor in Pipeline:Potential investors who have been identified as interested in making investments in Malaysia, are currently in negotiations with the Malaysian Government, or have applied to MIDA for project approvals.

The Investor Pass can be applied through Xpats Gateway. Applicants must be located outside of Malaysia at the time of application for the Investor Pass. Once all required documents have been submitted, all applications will be processed within five working days.

 

March 2025 - MDEC adopts ePass system

Malaysia Digital Economy Corporation (MDEC) has announced that, effective 1 March 2025, an Electronic Pass (ePASS) will be issued for the pass endorsement procedure for Foreign Knowledge Workers (FKW) including their dependents.

With the implementation of ePASS, companies may download and print the ePASS from the system.

MDEC notes the following:

  • The FKW, and any dependents, must present the ePASS together with their passport for identification.
  • The ePass will only be issued when the FKW, and any dependents, is physically present in Malaysia.

Feb 2025

ePass system extended to other pass types

The MYXpats Centre of the Expatriate Services Division (ESD) of the Immigration Department of Malaysia will extend the ePass system to include other pass types, effective 1 March 2025.

ePASS, introduced in December 2022, is an electronic pass currently issued for approved renewal applications (Employment Pass, Dependent Pass and Long-Term Social Visit Pass).

As of 1 March 2025, ePass will be issued for approved applications for the following pass types:

  • Employment Pass Category I, II and III (new and renewal);
  • Professional Visit Pass;
  • Residence Pass-Talent;
  • Dependant Pass (new and renewal);
  • Long Term Social Visit Pass;
  • Transfer of Endorsement / Take Up Balance.

However, for passes issued under Public Universities and Government Agencies, the current endorsement process will remain unchanged.

Currently, there are no changes to i-KAD issuance for applicable passes until further notice.

ESD Online companies must update their information

As part of the overall initiative to enhance the efficiency of Malaysia's tax administration management, the Inland Revenue Board of Malaysia (IRBM) commenced the implementation of e-invoicing in phases starting in August 2024. To ensure compliance with this directive, the Malaysia Expatriate Services Centre (MYXpats Centre) will implement e-invoicing effective 1 January 2025.

To support this transition, MYXpats Centre has requested all ESD Online Account users registered as a company, a firm or a society to update the required information in the ESD Online effective 5 February 2025:

 

To update their information, these users should:

  • Log in to the ESD Online.
  • Click on the pop-up announcement regarding the implementation of e-Invoicing that appears on the homepage.
  • Fill in the required information: 
    • Tax Identification Number (TIN)
    • Malaysia Tourism Tax (TTX) Number (if applicable)
    • Malaysia Standard Industrial Classification (MSIC) Code
    • Sales and Service Tax (SST) Number (if applicable)
  • Tick the disclaimer box and click on "Save".

MYXpats Centre notes that the pop-up announcement will continue to appear each time the user logs in to the ESD Online until all required information is completed.

Jan 2025

Updating sample documents for PVP application to align with the latest requirements

The MYXpats centre of the Expatriate Services Division (ESD) of the Immigration Department of Malaysia has announced that it has updated the sample documents for Professional Visit Pass (PVP) applications in the ESD Online system.

The following sample documents have been updated to align with new requirements, improve and streamline their formatting with feedback received, and ensure a more comprehensive sample is available for reference:

  • Application Letter
  • Personal Bond Ref. No. (P.L.N. 228/63)
  • Memorandum of Understanding (MoU) duly stamped by the Inland Revenue Board of Malaysia (IRB), if applicable

Effective immediately, all PVP applications must follow these updated sample documents.

These documents and the ESD Online Guidebook are available on the ESD Online system for reference. Users should log in to their ESD account and navigate to the Application menu to access them.

Enhancements to the implementation of initial approval for hiring foreign workers

The Expatriate Services Division (ESD) has announced that the Department of Labour Peninsular Malaysia (JTKSM) has enhanced the implementation of the initial approval for hiring foreign workers under section 60K of the Employment Act 1955 by improving the modules and adding new functions to upgrade the ePPAx system - the multi-tiered levy (MTL).

The upgraded modules and functions went live on 2 December 2024. Key updates in relation to the application for Employment Pass (EP) and Professional Visit Pass (PVP) are as below:

  • Section 60K of the Employment Act 1955 [Act 265]
    • Effective 1 January 2023, this section mandates that employers obtain prior approval before hiring foreign workers. This applies to all non-citizen employees, as defined in Section 2 of Act 265.
  • Scope of Section 60K
    • Applicable only to the recruitment of new foreign workers.
    • Not applicable to the renewal of Employment Passes (EP), Temporary Employment Visit Pass (PLKS), or other passes.
    • Mandatory for all employers, including those with positions exempted from job vacancy advertisements by PERKESO.
    • Approval is granted to the employer only
  • Application Process
    • All applications for prior approval must be submitted through the Integrated Foreign Workers Management System (ePPAx) at ePPAx Login.
    • For expatriates, the company may refer to the [Sub Module: Expatriate]
    • For Foreign Fishermen / Foreign Security Guards / Ship Crew / Residence Pass Holders / Residence Pass-Talent (RP-T) Holders / Student Pass Holders / Professional Visit Pass (PVP) / Professional Pass / Construction Employers G1, G2, and G3, please refer to [Sub Module: Other Passes 1]
  • Special Requirement for Construction Sector Employers
    • Employers in the construction sector (contractors G4 to G7) must declare their construction project in the CIMS CIDB system before submitting their application in ePPAx. Project data will be integrated with the ePPAx system.
  • Approval Documents
    • For applications submitted through the ePPAx system, approval documents can be directly generated via the system on the application status check screen.
  • Validity Period
    • The validity period for Section 60K approval is 12 months for all categories of foreign workers or non-citizen employees managed by JTKSM, effective from 1 October 2024. This excludes approvals issued under the Special Employer Change Process (PTM Khas).

1/3/25

New requirement for change of category applications

Malaysia Digital Economy Corporation has reminded employers that, effective 1 January 2025, employers or companies will need to submit a "change of category letter" at the approval stage of an application for change of category. A sample change of category letter can be downloaded here.

The process implemented recently by the Malaysian Immigration Department requires employers to cancel the current Employment Pass when applying for a change of category (Category 1, 2, or 3).

12/9/24

MDEC opens expatriate projection applications for the year 2025

Effective 1 January 2024, companies that are registered with Malaysia Digital Economy Corporation (MDEC) may submit their Foreign Knowledge Worker (FKW) quota request for Employment Pass (EP) for the Year 2025. 

Submissions will be auto approved. Companies are required to provide relevant justifications upon submitting their FKW quota requests.

Kindly take note that the projected FKW quota submitted must be utilized within the current year and cannot be carried forward to the following year. As such, any FKW headcount request in 2024 will be forfeited by 31st December 2024.

Companies can continue to apply for quotas throughout 2025 when required.

For companies registered with the Expatriate Services Department (ESD), 2025 quota projections have been accepted since 1 December 2024.

12/4/24

ESD opens expatriate projection applications for the year 2025

Effective 1 December 2024, companies that are registered on the Expatriate Services Division (ESD) online portal may apply for the Projection of Expatriates for Employment Pass (EP) and Professional Visit Pass (PVP) for the Year 2025. 

The projection application is applicable for use in its respective year only. Any projection balance for the year 2024 needs to be utilised in the year 2024 itself and will not be carried forward to the year 2025. 

  • Users must update the latest e-SSM before proceeding to submit the projection request;
  • users must fill out all the information required, e.g. total number of local staff, foreign staff;
  • users must choose the correct Projection Year, i.e. 2025, and Position Group, e.g. Top Management, Middle Management, Technical Expert, or Entry Level;
  • Projection requests have been simplified and will be instantly approved upon request.

So far, Malaysia Digital Economy Corporation (MDEC) has not announced dates for the submission of Foreign Knowledge Worker (FKW) Projection for Employment Pass (EP) for 2025.

9/13/24

Update on dormant returned applications in ESD Online

MYXpats Centre of the Expatriate Services Division (ESD) of the Immigration Department of Malaysia has notified interested parties that, effective 1 October 2024, any returned applications in the ESD Online that are not resubmitted within 90 days will be automatically cancelled.

This update will also affect all applications that are currently in the system’s returned inbox.

To ensure a seamless process and assist in managing applications, ESD will implement several reminder mechanisms such as email notifications, a permanent notification window in the company’s ESD Online account, a countdown column, and a disclaimer banner located in the systems returned inbox. The email notifications will be sent according to the following intervals:

  • Three months prior to automatic cancellation;
  • Two months prior to automatic cancellation;
  • One month prior to automatic cancellation;
  • Three weeks prior to automatic cancellation;
  • Two weeks prior to automatic cancellation;
  • One week prior to automatic cancellation.

Users should note that the system will automatically cancel the returned application if it is not resubmitted within 90 days. The processing fee for a cancelled application will be forfeited and is non-refundable.

For Malaysia Digital Economy Corporation (MDEC) registered companies, automatic cancellation has been in place since 12 April 2022, but with a six-month (180-day) grace period.

 

8/26/24

More immigration services now available online

Effective 20 August 2024, the following applications can now be accessed online:

  • Company activation of new registrations with ESD (Expatriate Service Division);
  • Letter of Undertaking (LOU) amendment.

Previously, these applications had to be submitted in person.

Simplified document requirements for professional visit pass (PVP) application *UPDATE*

The Expatriate Services Division (ESD) of the Immigration Department of Malaysia has announced that it has revised the simplified document requirements for Personal Visit Pass (PVP) applications which it previously announced on 12 August 2024.

Effective 20 August 2024, the general documents required for each PVP application have been reduced from 13 items to 6 as below:

BEFORE

AFTER

  • Copy of Passport: All Pages (with 6 empty pages)
  • Application Letter from Sponsor
  • Personal Bond (All nationalities EXCEPT Chinese and Bangladeshi)
  • Security Bond & Bank Guarantee (Chinese and Bangladeshi nationalities only)
  • Offer Letter from Sponsor Company in Malaysia
  • Acceptance Letter by Foreign Company
  • Job Description
  • Working Schedule
  • Academic Certificate
  • Updated Resume
  • Letter of Award (LOA) / Contract (if applicable)
  • Memorandum of Understanding (MoU) (if applicable)
  • Supporting documents (if applicable).

 

  • Copy of Passport: All Pages (with 6 empty pages)
  • Application Letter from Sponsor
  • Personal Bond OR Security Bond (all nationalities)
  • Letter of Award (LOA) / Contract (if applicable)
  • Memorandum of Understanding (MoU) (if applicable)
  • Supporting documents, if applicable.

 

In the previous revision, a security bond was only valid from Chinese or Bangladeshi nationalities, and all other nationalities required a personal bond.

 

The following documents are no longer required:

  • Bank Guarantee
  • Offer Letter
  • Acceptance Letter
  • Job Description
  • Working Schedule
  • Academic Certificate
  • Updated Resume

Once deployed, updated sample documents and the updated ESD Online Guidebook will be available in the ESD Online for user reference.

8/19/24

Simplified document requirements for professional visit pass (PVP) application

The Expatriate Services Division (ESD) of the Immigration Department of Malaysia has announced the simplification of the document requirements for Personal Visit Pass (PVP) applications

Effective 16 August 2024, the general documents required for each PVP application have been reduced from 13 items to 6 as below:

 

BEFORE

AFTER

  • Copy of Passport: All Pages (with 6 empty pages)
  • Application Letter from Sponsor
  • Personal Bond (All nationalities EXCEPT Chinese and Bangladeshi)
  • Security Bond & Bank Guarantee (Chinese and Bangladeshi nationalities only)
  • Offer Letter from Sponsor Company in Malaysia
  • Acceptance Letter by Foreign Company
  • Job Description
  • Working Schedule
  • Academic Certificate
  • Updated Resume
  • Letter of Award (LOA) / Contract (if applicable)
  • Memorandum of Understanding (MoU) (if applicable)
  • Supporting documents (if applicable):
       i. For purpose of installation, maintenance and repair of machinery or installation of new product
       ii. For external expert in mining activities
       iii. For airplane simulator tester
       iv. For hotels receiving Student Under Practical Training application

 

  • Copy of Passport: All Pages (with 6 empty pages)
  • Application Letter from Sponsor
  • Bonds:
       i. Personal Bond (All nationalities EXCEPT Chinese and Bangladeshi)
       ii. Security Bond (Chinese and Bangladeshi nationalities ONLY)
  • Letter of Award (LOA) / Contract (if applicable)
  • Memorandum of Understanding (MoU) (if applicable)
  • Supporting documents, if applicable.

 

The following documents are no longer required:

  • Bank Guarantee
  • Offer Letter
  • Acceptance Letter
  • Job Description
  • Working Schedule
  • Academic Certificate
  • Updated Resume

Once deployed, updated sample documents and the updated ESD Online Guidebook will be available in the ESD Online for user reference.

8/2/24

Authorities increase visa service fees

Effective 1 September 2024, the MYXpats Centre of the Expatriate Services Division (ESD) of the Immigration Department of Malaysia has increased its service fees, following the introduction of new services and reduced processing times.

The new fees are as follows:

 

ONLINE SERVICES (NEW APPLICATIONS & RENEWAL)

CURRENT FEE

REVISED FEE

EMPLOYMENT PASS (EP)

RM 800

RM 2000

DEPENDANT PASS (DP)

Spouse 
Children below 18 years (Biological/ Adopted/ Stepchild)
Children with Disabilities (no age limit) 

LONG-TERM SOCIAL VISIT PASS (LTSVP under EP)

Common-Law Spouse
Children above 18 - 25 years (Biological/ Adopted/Stepchild)
Parents/Parents-in-law 

 

 

 

 

 

RM 450

RM 500

PROFESSIONAL VISIT PASS (PVP)

Positions Exempted from processing fee charges: Invited Lecturer, Invited Professor, Visiting Professor & Visitor Lecturer

 

 

RM 800

RM 1200

TRANSFER OF ENDORSEMENT (TOE)

[New service]

RM 150

CANCELLATION OF PASSES, SPECIAL PASS

[New service]

FREE

 

The authorities note the following:

  • The amount stated above is solely for the expatriate (and dependant) application charges, and excludes any other Immigration fees;
  • For any unsuccessful/rejected applications at the Approval Stage, MYXpats will refund 75% of Expatriate Processing Fees, subject to MYXpats Terms and Conditions. In cases where an appeal is submitted, a refund will not be applicable;
  • Public Universities (Universiti Awam) and Government/Ministries are exempt from Processing Fee Charges.

 

The authorities highlight the following recent service improvements:

 

  • Xpats Gateway: Officially launched on 15 June 2023, this single-window platform integrates the processes for obtaining supporting letters from approving agencies and regulatory bodies. 
  • Reduced processing time: In collaboration with the Ministry of Home Affairs and the Immigration Department of Malaysia, MYXpats Centre has reduced the application processing time from five working days to three working days for Tier 1, Tier 2, and Critical Sector companies.
  • Online Sub-Product Services: The ESD Online system now offers services such as Transfer of Endorsement / Take-up Balance, Amendment of Approved Application, Shorten of Pass, Cancellation of Application, Permission to Study, and Permission to Work at a Second Location.
  • Expansion of the Expatriate Satellite Centre (ESC):The ESC at Kuala Lumpur International Airport Terminal 2 (KLIA T2), which operates 24/7, was launched on 23 July 2024.


7/26/24

Companies in Iskandar Malaysia to initiate employment pass applications via Xpats Gateway

The Expatriate Services Division (ESD) of the Immigration Department of Malaysia has announced that, effective 25 July 2024, all companies operating in Iskandar Malaysia that require Supporting Letters from Approving Agencies/Regulatory Bodies to apply for new and renewal Employment Pass (EP) must submit their applications through the Xpats Gateway platform. To check if a company is within Iskandar Malaysia, users may enter the postcode of the company here. 

To apply for a Supporting Letter, users should follow the following steps:

1) Visit Xpats Gateway > Company Login > Choose IRDA logo

2) Log in using the XPATNOVA user ID and password

3) Select the required Supporting Agency and create an EP application draft

4) Submit and wait for Supporting Letter approval.

Once approved, the application will be automatically routed to the XPATNOVA system, allowing the company to proceed with applying for EP approval from IRDA through the XPATNOVA platform. 

Further information is available here and here.

7/19/24

Gradual deployment of new online services

The Expatriate Services Division (ESD) of the Immigration Department has announced that it will gradually roll out in phases its new online application services.

This follows the announcement on 4 July 2024 of the postponement of the rollout due to a temporary disruption of the ESD online system.

The application for Transfer of Endorsement (ToE) / Take-up Balance (TuB) service is now available via ESD Online system through the Sub-Product menu.

Further updates on the re-deployment of the other online Sub-Product services will be informed periodically.

Faster processing for Permission to Work on a Social Visit Pass

The Expatriate Services Division (ESD) of the Immigration Department has announced that, effective 18 July 2024, processing of applications for Permission to Work on a Social Visit Pass (PTW-SVP), also known as the PLS@XPats, has been reduced from three working days to one working day.

Since 3 October 2022, the Immigration Department has permitted foreign professionals holding a Social Visit Pass to apply to perform emergency and critical work for a maximum of 30 days from the date of arrival into Malaysia. The processing and final decision for PLS@XPATS will be at JIMs discretion.

This facility is applicable only in the following sectors:

 

  • Security & Defence
  • Manufacturing
  • Construction
  • Health & Medical
  • Oil, Gas & Energy
  • Finance & Banking
  • Electrical & Electronics
  • Wholesale & Retail
  • Tourism
  • Business Services
  • Commodity
  • Education
  • Agriculture
  • Aviation
  • Information, Technology & Infrastructure.

The PLS@XPATS will be endorsed at the Immigration Entry Point, subject to issuance of an Approval Letter.

7/12/24

Postponement of new online services

On 4 July 2024, the Expatriate Services Division (ESD) of the Immigration Department announced that it has postponed the rollout of its new online applications until 2 August 2024, due to a temporary disruption of the ESD online system. The following “sub-product services” are affected:

  • Amendment of Pass Information
  • Shortening of Pass
  • Cancellation of Pass
  • Transfer of Endorsement (ToE)
  • Take-up Balance (TuB)
  • Permission to Study
  • Permission to Work at a Second Location.

Until the online Sub-Product services are fully restored, all transactions related to those listed above will temporarily revert to manual submission at ESD service counters.

Users who have previously paid for ToE/TuB submissions and were denied online processing due to the system disruption should contact ESD to inquire about the refund process.

6/28/24

Expatriate Services Division extends online services

On 27 June 2024, the Expatriate Services Division (ESD) of the Immigration Department of Malaysia announced that, effective 1 July 2024, applications for the following “sub-product services” must be submitted via the ESD Online system:

  • Amendment of Pass Information
  • Shortening of Pass
  • Cancellation of Pass
  • Transfer of Endorsement (ToE) / Take-up Balance (TuB)
  • Permission to Study
  • Permission to Work at a Second Location.

Processing time will be three working days, plus (for the ToE and TuB services) at least 24 hours for online payment processing and up to five days for postal delivery.

The current processing of these applications via MYXpats/Immigration counters, which takes between one and three days, will no longer be available.

4/26/24

All Employment Pass applications to be submitted through Xpats Gateway

Malaysia Digital Economy Corporation (MDEC) has announced that, effective 24 April 2024, all new and renewal Employment Pass (EP) applications for MDEC-registered companies must be submitted through the Xpats Gateway using the same login credentials as the MDEC Expats System.

The Xpats Gateway was officially launched on 15 June 2023 for non-ICT (information and communication technology) companies registered with the Expatriate Services Division (ESD).

12/8/23

ESD opens expatriate quota projection applications

On 1 December 2023, the Expatriate Services Division (ESD) of the Immigration Department of Malaysia announced that from 15 December 2023, companies registered on the Expatriate Services Division (ESD) online portal may apply for the projection of expatriates for Employment Pass (EP) and Professional Visit Pass (PVP) for 2024.

As reported in March 2023, the process for Expatriate Services Division (ESD) projection (quota) applications has been simplified and requests will be instantly approved. Previously, processing time was four weeks.

 

The projection application is only applicable for utilisation in its respective year. Any projection balance for the year 2023 needs to be utilised in the year 2023 and will not be carried forward for year 2024.

ESD reminds employers to:

  • update the latest e-SSM before the submission of the projection request;
  • fill out all the information required;
  • choose the correct projection year (i.e. 2024) and position group (e.g., top Management etc.)

Malaysia Digital Economy Corporation (MDEC) opened its system on 1 November 2023 for submission of Foreign Knowledge Worker (FKW) Projection for Employment Pass (EP) for 2024.

Digital arrival card

Effective 1 December 2023, the Immigration Department of Malaysia will require foreign nationals to complete the Malaysia Digital Arrival Card (MDAC) for entry to Malaysia.

Until 31 December 2023, MDAC may be completed at Malaysia’s entry checkpoints. From 1 January 2024, MDAC must be completed three days in advance of arrival.

Moreover, Singaporean passport holders are exempted from completing MDAC, along with Malaysian Permanent Residents and Malaysian Long-Term Pass holders, Brunei Common Certificate of Identification (GCI), Brunei Malaysia Frequent Traveller Programme participants, Thailand Border Pass holders and Indonesian Cross Border Pass (PLB) holders.

Permanent residents, holders of the Malaysian Automated Clearance System (MACS) card and transit passengers are also exempted from this requirement.

It is not clear whether holders of long-term passes are required to complete the MDAC before entry. However, long-term pass applicants entering Malaysia to have their passes endorsed in their passports are required to complete MDAC.

Visa liberalisation plan

The Immigration Department has announced a visa liberalisation plan, which includes the following measures effective 1 December 2023 to 31 December 2026 (unless otherwise stated):

Visa waiver for Chinese and Indian nationals

  • Effective 1 December 2023 to 31 December 2024.
  • 30-day stay, with no extension of stay allowed.
  • Visa approvals received before 1 December 2023 do not need to be presented on entry. However, fees paid for these visa approvals will not be refunded.

Multiple Entry Visa (MEV) facility

  • The visa validity period for entry is extended from 3 months to six months from the date of issuance.
  • Each entry allows a stay of 30 days.

 

Extension of visa validity period

  • For all visa types, the visa validity period for entry is extended from 3 months to six months from the date of issuance. This includes Visa with Reference (VDR) and Visa Without Reference (VTR).
  • Applicants for long-term passes travelling to Malaysia to have the pass endorsed in their passport must be sure to arrive within six months of issuance of the pass approval letter.

Extension of Social Visit Pass (SVP) stay period

  • The SVP duration is increased from 14 days to 30 days for the following 22 countries only:
    • Angola, Burkina Faso, Burundi, Cameroon, Central African Republic, Colombia, Congo Democratic Republic, Congo Republic, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Ghana, Guinea-Bissau, Hong Kong, Ivory Coast, Liberia, Mali, Mozambique, Nigeria, Niger and Rwanda.
  • Visas for entry to Malaysia are still required for the said 22 countries
  • No extension is allowed beyond the 30-day SVP.

 

New Graduate Pass

  • A new Graduate Social Visit Pass (GSVP) is available for international students from the following 23 countries who have completed or are going to complete a bachelor’s degree or above in any higher education institute in Malaysia:
    • Australia, Bahrain, Brunei, Canada, Denmark, Finland, France, Germany, Japan, Kuwait, Netherlands, New Zealand, Norway, Oman, Qatar, Saudi Arabia, Singapore, South Korea, Switzerland, Sweden, UAE, UK and USA.
  • The GSVP is a kind of Long-Term Social visit pass (LTSVP), valid for 12 months and issued together with a Multiple Entry Visa (MEV).
  • The GSVP allows tourism, study and work in certain sectors.
  • Dependents of holders are eligible for a LTSVP.
  • Applicants must present proof of a personal bond from a Malaysian sponsor who has an income of at least RM 1500.

 

Umrah Transit Visa

  • A new Umrah transit visa with a 7-day Social Visit Pass (SVP) is available for nationals of 32 countries who wish to visit Malaysia for social reasons before or after performing the Umrah.
  • Applications should be submitted through a travel agency registered with the Ministry of Tourism, Arts and Culture.

10/27/23

Expatriate Services Division restarts iKad issuance

Effective 24 October 2023, the Expatriate Services Division (ESD) of the Immigration Department of Malaysia has begun issuing the i-KAD to ESD-registered holders of Employment Pass (EP) Category I, II and III and Residence Pass-Talent (RP-T). i-KAD will be issued for new, renewal and transfer of endorsement applications It will be issued to dependents of RP-T holders but not to dependents of EP holders.

The i-KAD is an identification document for foreign national residents in Malaysia and has not been issued since 2019.

 

Updates to the ESD Online Guidebook

The latest version of the Expatriate Services Division (ESD) Online Guidebook has been released, with the following important updates:

 

  • Companies regulated by Agencies are required to submit an approval letter for each Employment Pass (Category I, II, and III) application from the relevant Agencies in the Xpats Gateway platform to obtain their approval letter.
  • All new Employment Pass (EP) Categories I, II, and III (knowledge/skilled workers) applications must obtain an Approval Letter and Visa with a Reference Letter (VwR) for the purpose of employment. The Approval and VwR Letters must be produced at Malaysia's Entry Point for verification purposes. 
    • For categories I, II, and III, nationalities that require a visa to enter Malaysia can apply at the nearest Malaysian Embassy, High Commission, or Consulate General in the respective country or can apply through the eVISA website (If applicable).
  • All new Professional Visit Pass (PVP) applications must obtain an Approval Letter before entering Malaysia for the purpose of employment. The Approval Letter must be produced at Malaysia's Entry Point for verification purposes.
  • Applicants who have entered the country will have 30 days from the date of entry to endorse the EP sticker and 14 days for the PVP sticker via pass delivery by Pos Malaysia (for new and renewal applications); alternatively, applicants who have entered Malaysia via KLIA Terminal 1 will be able to collect and endorse the EP or PVP sticker at the ESD Satellite Centre (ESC), KLIA Terminal 1 (for new applications only).
  • Endorsed stickers will be delivered within Klang Valley in one working day, outside of Klang Valley in three working days and to Labuan in five working days upon collection by Pos Malaysia. 
  • An ePASS (for Employment Pass and Dependent Pass renewals only) can be generated through the ESD Online for applicants with a previously endorsed sticker on the passport, subject to the discretion of the Immigration Department of Malaysia.

10/20/23

MDEC restarts iKad issuance

Malaysia Digital Economy Corporation (MDEC) has begun issuing iKads to Employment Pass (EP) holders registered with it, for new, renewal and transfer of endorsement applications. iKad has not been issued in Malaysia since 2019.

  • For EP sticker endorsements, the iKad will be provided during the sticker endorsement stage.
  • For EP ePass issuance, the iKad can be collected at the Xpats Centre any time after the ePass is issued.
  • iKads are being issued for endorsements completed on or after 16 October 2023.
  • iKads are not currently being issued for dependents.
  • The Expatriate Services Division (ESD) has not yet announced the issuance of iKads to foreign national employees of companies registered with it.

MDEC Foreign Knowledge Worker (FKW) projection for 2024

Effective 1 November 2023, the Expats system is open for submission of Foreign Knowledge Worker (FKW) Projection for 2024.   MDEC advises only companies with FKW headcount requirement for the first quarter of 2024 to submit the projection to ease the approval process. Companies may continue to submit their FKW projection as and when required throughout the year 2023.

Note that the submission for 2023 FKW projection is still open until 15 November 2023, so companies should ensure they choose the right year for their request. Any balance from FKW projection that has been approved for the year 2023 will be forfeited by 31 December 2023.

Companies may proceed with their FKW projection submission by logging in here and following the relevant instructions. Document submission checklists are available here for MSC Status companies and here for ICT companies.

Close Open Mexico

4/19/24

Visa requirement for Peruvians postponed

On 18 April 2024, the Mexican government announced that it had postponed the effective date of its requirement for Mexican nationals to obtain an entry visa for tourism or business, previously due to enter into force on 20 April 2024.

Exemptions are made for Peruvian nationals who are:

  • holders of a valid visa from Canada, Japan, the United Kingdom, the United States or any Schengen area country;
  • permanent residents of Canada, Chile, Colombia, Japan, the United Kingdom, the United States or any Schengen area country.

On 10 April 2024, the Peruvian government issued a Supreme Decree resuming the tourist and business via exemption for Mexican nationals which had been suspended by a previous decree on 7 April 2024. The revocation of the previous decree comes in response to protests from the tourism industry among others.

The initial suspension was a response to the Mexican government announcement that it would introduce a temporary requirement for Peruvian nationals to obtain an entry visa,

Close Open Mexico/Peru

4/16/24

Mexico requires visa for Peruvian nationals; Peru resumes visa exemption for Mexican nationals

On 10 April 2024, the Peruvian government issued a Supreme Decree resuming the tourist and business visa exemption for Mexican nationals which had been suspended by a previous decree on 7 April 2024. The revocation of the previous decree comes in response to protests from the tourism industry among others.

The initial suspension was a response to the Mexican government announcement that it would introduce a temporary requirement for Peruvian nationals to obtain an entry visa, effective 20 April 2024. Exemptions are made for Peruvian nationals who are:

  • holders of a valid visa from Canada, Japan, the United Kingdom, the United States or any Schengen area country;
  • permanent residents of Canada, Chile, Colombia, Japan, the United Kingdom, the United States or any Schengen area country.
Close Open Nambia

March 2025

New visa on arrival requirement for certain nationalities

The Namibian Ministry of Home Affairs, Immigration, Safety and Security has announced that nationals from 33 more countries will from 1 April 2025 require a visa to enter Namibia.

The citizens of the following additional countries will obtain Visa on arrival in Namibia:

Armenia, Australia, Austria, Azerbaijan, Belarus, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Kazakhstan, Kyrgyzstan, Liechtenstein, Luxembourg, Moldova, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Tajikistan, Turkmenistan, Ukraine, United Kingdom, United States, Uzbekistan.

Visitors from the following countries already require a visa upon arrival in Namibia:

Argentina, Belarus, Cambodia, Chile, Equatorial Guinea, Benin, Cape Verde, Croatia, Eritrea, Bulgaria, Cameroon, Comoros, Cote d’ Ivoire, Gabon, Burkina Faso, Burundi, Central African Republic, Chad, Czech Republic, Djibouti, Ecuador, Estonia, Greece, Gambia, Guinea, Guinea Bissau, Mexico, Romania, Slovakia, Hungary, Israel, Latvia, Lithuania, Moldova, Rwanda, South Korea, Liberia, São Tomé and Principe, Thailand, Madagascar, Nicaragua, Niger, Sierra Leone, Togo, Turkey, Mauritania, Paraguay, Peru, Poland, Tunisia, Uganda, Ukraine, United Arab Emirates, Uruguay, Venezuela, Vatican, Vietnam and Western Sahara.

Visitors from the following countries will continue to qualify for visa-free entry:

Angola, Botswana, Brazil, Cuba, Eswatini, Hong Kong, Indonesia, Jamaica, Kenya, Lesotho, Macau, Malaysia, Malawi, Mauritius, Mozambique, Russia, Seychelles, Singapore, South Africa, Tanzania, Zambia, Zimbabwe.

Visa requirements will be applied upon arrival in Namibia and the following fees will apply from 1 April 2025:

  • The visa fees increase from NAD 1200 to NAD 1600 per person as of 1 April 2024 for travellers from non-African Union member states.
  • The travellers from Africa Union member states who qualify for visa on arrival will pay NAD 1200 per person.

Visa on arrival is only issued at Hosea Kutako International Airport, Walvis Bay International Airport, Walvis Bay Harbour, Trans-Kalahari border post, Impalila Island border post, Katima Mulilo border post, Oshikango border post, Mohembo border post, Ariamsvlei border post, Orangemund border post, Noordoewer border post and Ngoma border post for selected countries.

Visa on arrival is meant for tourist purposes only. Any traveller with a different entry purpose must submit their application with all relevant documentation to the appropriate office.

Close Open Netherlands

1/3/25

Improved services for highly skilled migrants in Zeeland

Effective 1 January 2025, highly skilled migrants can go to the municipal office in Goes to arrange everything for their stay in Zeeland. They and their families can register at once with one of the local councils in Zeeland. They will receive a Citizen Service Number (in Dutch: burgerservicenummer or BSN), pick up their residence document and receive practical information about working in the region. This is possible because Expat Centre Zeeland, the local councils in Zeeland and the IND have joined forces to create a one-stop shop at the town hall in Goes under a three-year pilot programme.

Besides highly skilled migrants and their families, other migrants who wish to stay in the Netherlands, for work, education or residency with a partner, can also go to this IND service point. The IND service point offers limited services, such as collecting a residence document, taking biometric data, and obtaining a residence endorsement sticker or a return visa.

Digital application for recognition as a sponsor possible in 2025

In the first quarter of 2025, it will be possible to digitally submit the application for recognition as a sponsor for labour. The digital application form is only available in Dutch (‘Erkenning als referent (arbeid)’) and is submitted via the IND's Business Portal. 

For a digital application for recognition as a sponsor, the employer needs eHerkenning (eRecognition). Application for eHerkenning can be submitted now. Those who want to submit the digital application as authorised representative on behalf of a company need chain authorisation and can then log in to the Business Portal on behalf of the company and submit the application there. 

Applicants pay the fee directly when submitting a digital application. This allows for a quicker decision on the application. They will receive the proof of payment of the fees by post. 

New fees and required amounts for 2025

From 1 January 2025, new fees apply for applications for residency in the Netherlands. The IND adjusts these fees every year as prices and wages rise. This year, the fees will increase by 6.7 percent.

The required minimum income amounts for residence permit applications have also been adjusted from 1 January 2025.

These are the gross required amounts per month without holiday allowance for 2025:

  • Highly skilled migrant aged 30 years or older: EUR 5688
  • Highly skilled migrant under 30 years of age: EUR 4171
  • Orientation year highly skilled migrant: EUR 2989
  • EU Blue Card: EUR 5688
  • Reduced salary criterion EU Blue Card: EUR 4551.

9/9/24

Intermediaries now require chain authorisation to use Business Portal on behalf of employers

Business customers of the Immigration and Naturalization Service can use the Business Portal to submit applications.

eHerkenning (a single, standardized login system) is required to log in to the Business Portal. An intermediary (another company or organization) can use the Business Portal on the registered sponsor’s behalf.

Effective 4 November 2024 intermediaries can only log in to the Business Portal with a chain authorization. An authorisation by the IND is then no longer valid. This authorisation will automatically end on 4 November 2024. Make sure by then to register a chain authorisation with your supplier of eHerkenning. It is no longer possible to register an authorisation with the IND. 

The Business Portal is currently only available for recognized sponsors and their authorized intermediaries. The following services are available:

  • submit applications; 
  • view the status of submitted applications
  • register or de-register an employee; 
  • report a change in the situation of an employee or recognized sponsor
  • view account information; 
  • access to file documents. 

8/19/24

Stricter requirements for Turkish nationals applying for permanent residence

The Dutch immigration authorities have announced that, effective 1 January 2025, Turkish nationals applying for permanent residence must be able to present a civic integration certificate. That date will mark the end of the transitional period which has been in effect since this requirement was introduced in January 2022.

In addition to a permanent residence permit, this also applies to an EU residence permit for long-term residents and a residence permit on non-temporary humanitarian grounds after a stay as a family member or a relative.

Turkish people who fall under the so-called standstill clause of the association law between the EU and Turkey will not have to show an integration diploma after 1 January 2025 if they apply for a residence permit on non-temporary humanitarian grounds after residing as a family member or a relative. This may be relevant to, Turkish citizens who work in the Netherlands as employees or their family members, for example.

If the application for a permanent residence permit is submitted before 1 January 2025, it is not necessary to submit an integration diploma. The condition here is that the other requirements have been met before 1 January 2025, for example that someone has sufficient income.

In some cases, someone can receive an exemption or waiver from the measure. For example, if someone is younger than 18 or qualifies for an old age pension.

7/5/24

New rules for EU Blue Card imminent

On 20 October 2021, a revised guideline was adopted for the EU Blue Card. Part of the rules from the revised directive have been applied since 18 November 2023. The Dutch immigration authorities (IND) have confirmed that the remaining revisions will be converted into national regulations “soon”. They will then be included in the Aliens Decree and the Aliens Act Implementation Guidelines. The exact date on which this will happen is not yet known.

The following changes will apply:

  • The salary criterion been reduced to EUR 5331 gross per month. This makes the EU Blue Card more in line with the highly skilled migrant scheme.
  • From now on a lower salary criterion of EUR 4265 gross per month applies to recent graduates. Recently graduated means: having obtained a higher education diploma no more than three years before the application.
  • Higher professional qualifications are required for the EU Blue Card. It is now also possible to demonstrate higher professional skills with relevant work experience. Previously, the applicant could only demonstrate higher professional qualifications with a certificate of higher education.
  • If the EU Blue Card holder has an EU Blue Card in the Netherlands for more than two years, it can be withdrawn after six months of unemployment. Previously this was after three months of unemployment.
  • The validity of the EU Blue Card has been extended to a maximum of five years. The maximum used to be four years.

5/10/24

Residence guidance for Ukrainian nationals

The immigration and naturalisation authority (IND) has announced that from 6 May 2024, third-country nationals with a temporary residence permit in Ukraine can collect a residence sticker with which they can demonstrate permission to stay and work in the Netherlands for the time being. IND will send a letter on this subject to around 1900 third-country nationals and to their lawyers.

The letter follows the decision by the Minister for Migration on 25 April 2024 to freeze the consequences of the termination of temporary protection for this group. Because of this, third-country nationals with a temporary residence permit in Ukraine can make longer use of the rights they had under the Temporary Protection Directive (TPD).

The freezing and thereby the rights of the TPD will apply until 4 March 2025 at the latest, or earlier if the Court of Justice of the European Union (EU court) issues a judgment before this date. On 25 April 2024, the Council of State requested a preliminary ruling from the EU court on the interpretation of the TPD. And on the termination of temporary protection for this group of third-country nationals.

2/2/24

Visa-exempt nationals can stay for 90 days beyond their residence permit

Effective 15 February 2024, visa-exempt nationals are permitted to remain in the Netherlands for up to 90 days immediately after the expiry of their residence permit. It will no longer be necessary to first leave the Schengen area.

The foreign national does not have to submit an application for the 90-day visa-exempt period, but must meet all the requirements for a short-stay visa.

This new benefit does not apply if the foreign national’s residence permit has been withdrawn or if a return decision has been issued.

The sponsor (i.e., employer, spouse, parent) of the holder of the expired residence permit is responsible for any costs of returning to the country of origin for up to one year after expiry or cancellation.

Termination of temporary protection for third-country nationals from Ukraine

The Dutch immigration authorities (IND) have announced that non-Ukrainians with a temporary Ukrainian residence permit will receive a letter from the Immigration and Naturalisation Service (IND). In this letter the IND informs the third-country nationals about the consequences of stopping temporary protection for this group after 4 March 2024.

The IND will send three different letters to three different groups. These letters include more information about appeal and other court proceedings, reception, assistance with return and the residence document. 

Return decision

The largest group of third-country nationals have no other permit to reside in the Netherlands, nor do they have an asylum or regular residence permit process in progress. The letter they will receive tells them, among other things, that temporary protection will end for them on 4 March 2024. Until that time they can make use of assistance with leaving the Netherlands by the Repatriation and Departure Service (DT&V). After 4 March 2024, they will no longer be allowed to work and they will have a time of 28 days to depart. This means that they will be allowed to stay in the municipal reception centre up to and including 1 April 2024. 

The IND will also inform these third-country nationals that the former return decision dated 4 September 2023 will be withdrawn. Anyone who has appealed against this will have their legal costs reimbursed. They will receive a new return decision before 4 March. 

Going through the asylum process

Third-country nationals with a current asylum process will not receive a return decision. They are allowed to wait for the decision on their asylum application in the Netherlands. The IND will inform them in early February 2024 that the Service will continue processing their asylum applications after 4 March 2024. They are allowed to work under the normal requirements belonging to an asylum process. 

Regular residence

A small number of third-country nationals have a different right of residency, for example a regular residence permit. At the beginning of February 2024, they will receive a letter from the IND about the consequences of the termination. They will be allowed to reside in the Netherlands under the conditions of their permit, as long as it is valid. 

Residence documents

The residence pass (Type O) of all third country nationals for whom the TPD will end will no longer be valid after 4 March 2024. Anyone who has applied and still does not have a Foreign Nationals Identity Document (Type W) can pick this up at an IND desk. They can also surrender their old Type O passes there. 

12/26/23

New income requirements for highly skilled migrants

New income requirements for highly skilled migrants have been published in the Government Gazette (Staatscourant, only in Dutch). These are the required amounts as of 1 January 2024:

  • Highly skilled migrants over 30 years of age: €5331
  • Highly skilled migrant under 30 years of age: €3909
  • Orientation year for highly educated migrants: €2801
  • European Blue Card: €6245

The above amounts will be published here from 1 January 2024.

The income of a highly skilled migrant must meet the required amount applicable on the application date.

New rules for EU Blue Card

The transposition of the revised EU Blue Card directive into Dutch national legislation has been delayed until 2024. However, some rules from the revised directive took effect on 18 November 2023 and this is reflected in the relevant application forms and web page.

The changes are as follows:

  • Persons who have international protection status in an EU Member State can now qualify for a European Blue Card if they meet the requirements. 
  • A higher education degree is required for the Blue Card. However, IT managers and IT professionals can now qualify on the basis of work experience. At least 3 years of relevant experience in the past 7 years is required for this.
  • The minimum term of the required employment contract has been shortened from 12 to 6 months.
  • Holders of an EU Blue Card in a different EU Member State are now allowed to come to the Netherlands for work-related activities for 9 months at most. This is called short-term mobility. In order to stay more than 90 days (long-term mobility), an individual must apply for a European Blue Card in the Netherlands. Long-term mobility is possible after a stay of a least 12 months in another EU Member State. This was previously after 18 months. 
  • Holders of European Blue Cards who have used long-term mobility may qualify sooner than before for the status long-term EU resident. For this purpose they may in fact also include other forms of residence.  
  • No job-market test applies to EU long-term residents who are former holders of a European Blue Card and have applied for residence in the Netherlands for the purpose of performing an economic activity as an employee or self-employed person. This means that the application is no longer assessed for the presence of jobseekers from the EEA. Nor does an employer need to place a vacancy notice and demonstrate recruitment efforts. 
  • Several decision periods have been shortened.

‘30 Percent Rule’ restrictions passed by parliament

On 19 December 2023, the upper house (Senate) of the Dutch parliament approved the 2024 tax plan, as well as the Minimum Tax Act 2024 (Pillar Two). These amend the Dutch corporate income tax act and Dutch personal income tax act, including the introduction of restrictions on the 30% facility.

Currently, eligible highly skilled foreign workers are not required to pay tax on up to 30% of their income for five years (reduced from eight years in 2019). This is justified as a reimbursement for costs incurred in moving to the Netherlands form abroad. From 1 January 2024, this reimbursement can only be up to a maximum of EUR 233,000.

It is also permitted for employers to reimburse the actual moving costs of the employee, instead of using the 30% facility.

The first amendment requires that, effective 1 January 2024, the 30% ruling for new applications can only be applied to a maximum of 30% of the taxable salary for the first 20 months. In the following 20 months, the rule can be applied up to a maximum of 20% of the taxable wage. The following 20 months only up to a maximum of 10% of taxable wages. After 60 months, the maximum duration of the 30% ruling has expired.

Transitionally, foreign employees already using the 30% ruling before 1 January 2024 will not be subject to the reduction.

The second amendment regulates the abolition of partial foreigner taxpayer status by 2025. Currently, foreign workers who are resident in the Netherlands and use the 30%-ruling can select partial foreign taxpayer status in their income tax return so that, for the purposes of Box 2 and Box 3, they are considered foreign taxpayers despite being resident in the Netherlands.

Transitionally, foreign national residents who already use this facility before 1 January 2024 can continue to use the partial foreign tax liability until 2026 at the latest.

11/3/23

Further restriction of the 30% ruling

On 27 October 2023, the Dutch House of Representatives passed two amendments to the 2024 Tax Plan which, if approved by the Senate, will further scale back the so-called “30% ruling”.

Currently, eligible highly skilled foreign workers are not required to pay tax on up to 30% of their income for five years (reduced from eight years in 2019). This is justified as a reimbursement for costs incurred in moving to the Netherlands form abroad. From 1 January 2024, this reimbursement can only be up to a maximum of EUR 233,000.

It is also permitted for employers to reimburse the actual moving costs of the employee, instead of using the 30% facility.

The first amendment requires that, effective 1 January 2024, the 30% ruling for new applications can only be applied to a maximum of 30% of the taxable salary for the first 20 months. In the following 20 months, the rule can be applied up to a maximum of 20% of the taxable wage. The following 20 months only up to a maximum of 10% of taxable wages. After 60 months, the maximum duration of the 30% ruling has expired.

Transitionally, foreign employees already using the 30% ruling before 1 January 2024 will not be subject to the reduction.

The second amendment regulates the abolition of partial foreigner taxpayer status by 2025. Currently, foreign workers who are resident in the Netherlands and use the 30%-ruling can select partial foreign taxpayer status in their income tax return so that, for the purposes of Box 2 and Box 3, they are considered foreign taxpayers despite being resident in the Netherlands.

Transitionally, foreign national residents who already use this facility before 1 January 2024 can continue to use the partial foreign tax liability until 2026 at the latest.

9/29/23

Residence permit for foreign investors to close

Effective 1 January, the residence permit for foreign investors will close.

The residence permit is valid for a maximum of three years, and the Immigration and Naturalisation Service (IND) can extend this period by up to five years. Holders of the residence permit for foreign investors may work in the Netherlands without a work permit (TWV).

While the investor permit is still available, applicants must invest a minimum of EUR1,250,000 in an innovative company based in the Netherlands; or in a fund that, according to the Ministry of Economic Affairs, falls within the SEED regulation; or in a participation fund or contractual partnership that invests in a company in the Netherlands. Investing in real estate for private occupation is excluded.

The investment must be deposited into a bank account of a Dutch or EU Member State bank supervised by De Nederlandsche Bank (DNB); and have added value for the Dutch economy, as assessed by the Netherlands Enterprise Agency (RVO).

The added value is there if the investment meets 2 of the following 3 criteria:

  • Within 5 years at least 10 jobs will be created.
  • A contribution is made to increasing the innovativeness of the Dutch company. This may be proven through, among other things, the introduction of a patent, investing in both technological and non-technological innovation or investing in a company that belongs to a top sector.
  • There is another, non-financial added value, such as specific knowledge, networks, clients and active involvement of the investor.

 

Close Open New Zealand

April 2025 - 

Changes to online applications lodged by unlicensed or non-exempt people

On Sunday 30 March 2025, changes to the Immigration Advisers Licensing Act 2007 came into effect giving Immigration New Zealand (INZ) new powers when processing applications.  

From Monday 31 March 2025, INZ will decline online applications that have been automatically accepted by their online systems or paper application if it is confirmed to have been submitted or prepared by, or if the applicant has confirmed to have received advice from, an unlicensed or non-exempt person.

Paper based applications believed to have been submitted or prepared by, or if the applicant has received advice from, an unlicensed or non-exempt person, will continue to not be processed and will be returned to the applicant.  

Immigration advice must come from a Licensed Immigration Adviser, a New Zealand lawyer with a current practicing certificate, employees of a lawyer or a law firm, or someone else legally able to provide immigration advice.    

 

It is the applicant’s responsibility to ensure that the information provided with their application is honest and complete. The provision of false, misleading or withheld information may result in INZ declining the application and may also adversely impact future applications.

 

Those who need advice on their application can find a licensed adviser on the Immigration Adviser Register or current practicing lawyers on the New Zealand Law Society Register.

INZ encourages applicants to do their research and verify their adviser’s credentials, before submitting an application to avoid unnecessary delays or declines.   

If an application has been declined or returned, INZ will provide advice on how to resubmit the application correctly.  

 

Those who believe they have been working with, or have been misled by, an unlicensed or non-exempt person can contact INZ to discuss their circumstances or make a complaint to the Immigration Advisers Authority.

Changes to Interim Visas

From 8 April 2025, applicants will be granted interim work rights if they apply for an Accredited Employer Work Visa (AEWV) while holding any type of work visa or from a student visa that permits work during term time.

The following work rights are included:

  • The applicant is allowed to take up the job specified in their new AEWV application (connected to their Accredited Employer’s Job Check), enabling them to move into the job more quickly;
  • The time spent on an interim visa with work rights counts towards work experience needed for work to residence pathways; and
  • For a person applying for a second or subsequent AEWV, time spent on an interim visa with work rights counts towards the maximum period they can stay in New Zealand on their AEWV. The maximum continuous stay period excludes any time spent on an interim visa granted before the applicant’s first AEWV.

March 2025 - Health screening for children of temporary visa holders to change

The government has announced changes to the immigration health requirements for dependent children of temporary visas holders.

From 17 March 2025, dependent children of work, student or military visa holders will no longer be eligible for student and visitor visas if they have a severe cognitive or development disability that requires significant support.

This change aligns the health requirements for temporary entry visas for dependent children with those in place for resident class visas.

The 2025 Pacific Access Category and Samoan Quota ballots open on 1 April 2025

Registrations will open for the 2025 Samoan Quota and the Pacific Access Category on 1 April 2025 at 08:00 New Zealand Daylight Saving Time (NZDT). The ballots will close on 30 April 2025 at 17:00 NZST. When the ballots open, applicants can register online.

The Samoan Quota and Pacific Access Category are longstanding visa categories that allow people from the Pacific to become permanent residents in New Zealand. Both schemes operate through an annual ballot.

This year, up to 1,650 Samoan citizens, 250 Tongan and 250 Fijian citizens and 75 Kiribati and 75 Tuvaluan citizens may be granted residence. 

March 2025 - Changes to the Active Investor Visa

Immigration New Zealand (INZ) has published further details of the previously-announced changes to the Active Investor Plus Visa.

Changes due to take effect from 1 April 2025 include the following:

New investment categories

Two simplified investment categories will be introduced — Growth and Balanced. A minimum investment amount of NZD 5 million will be required for Growth category investors over a three-year investment term. A minimum investment amount of NZD 10 million will be required for Balanced category investors over a five-year investment term.

Increasing the scope of acceptable investments

The scope of acceptable investments for the Balanced category will be broadened to include bonds and property investments. Property investments will be limited to new residential developments that increase the housing stock in New Zealand and new or existing commercial or industrial developments which add value, such as earthquake strengthening. Investments from the Growth category can be included as part of the Balanced category. Equities and philanthropy will continue to be acceptable investments.

Enhanced immigration requirements for migrants who choose more active investments

Those who apply under the Growth Category are required to spend 21 days in New Zealand over the investment term.

Those who apply under the Balanced category must spend 105 days in New Zealand over the investment term. However, they are eligible for a reduction of time spent in New Zealand if they invest a certain amount, namely:

  • 91 days in New Zealand if the total investment is at least NZD 11 million;
  • 77 days in New Zealand if the total investment is at least NZD 12 million; or
  • 63 days in New Zealand if the total investment is at least NZD 13 million.

 

The additional funds above NZD 10 million must be nominated before the application is approved in principle and must then be placed in acceptable direct investments or managed funds under the Growth Category.

Changes to investment timeframes

The time applicants have to transfer funds and to make their investments in New Zealand will be reduced. Under both categories all investments must be completed within six months of the date of approval in principle. However, applicants may request a one-off six-month extension if they can provide evidence they have tried and been unable to transfer and invest their funds.

Changing investment categories

Applicants who applied under the Balanced category can request to change to the Growth category, and vice versa. Applicants may only change category once.

English language requirements removed

The English language requirements introduced in 2022 will be removed.

Changes to simplify investment process

Additionally, the following changes have been made to simplify the investment process:  

  • Caps on investments will be removed. 
  • Investments must now be made in full to be granted a resident visa. 
  • Introduction of “on-call investments” for funds which the applicant has committed to placing in managed funds. These can be placed in acceptable investments (bonds, term deposits, listed equities, banks accounts (maximum of six months for funds placed in term deposits and bank accounts)) until they are “called on” by the managed fund.   
  • Growth category applicants will, in limited circumstances, be able to re-invest returned capital into balanced category investments if it is less than NZD 1 million. 

Newborn children of investors will also qualify for a Dependent Child Resident Visa. They can then be added to their parent’s application for a Permanent Resident Visa.

All applicants must still meet immigration health and character requirements.

These changes help attract high value investment, simplify settings, and incentivise people to invest in ‘active’ investment classes. 

They reflect feedback from investors and industry stakeholders and provide a wider range of investment options that will attract new investors to our shores. They also allow investors to become familiar with New Zealand’s investment community and gain the confidence to undertake more active investments in the future. 

These changes will apply to all Active Investor Plus applications from 1 April 2025. 

Information for new applicants

 

Applicants or their representatives can apply using the existing application form for Active Investor Plus which will be updated on 1 April 2025 to reflect these changes.

Applicants will be asked whether they want to apply for the Balanced or Growth category and must provide the relevant documentation for that category.  

Those who have already applied for an Active Investor Plus Visa

Those who have an active application for an Active Investor Plus Visa, and have not been granted residence yet, will be able to transition to the new visa settings.

INZ will contact current applicants in mid-March to provide further information on transitioning to the new settings. 

Feb 2025

Primary teachers to be added to the straight to residence pathway

On 25 February 2025, the government announced that primary teachers will be added to the straight to residence pathway on the Green List from 26 March 2025.

This change is intended to address primary teacher shortages across the country, particularly in Auckland and Northland.

Primary teachers were previously on the Work to Residence pathway, so this change allows them to apply for residency from offshore, without first working for two years, provided they have an employment offer from an accredited employer. Relevant roles include primary and intermediate teachers as well as Māori-medium equivalents.

Parent Resident Visa category update

Immigration New Zealand has announced that a one-off increase in the Parent Category quota is being implemented, to enable applications that have been approved in principle to be issued this financial year.

Each financial year, 2500 visas can be issued under the Parent Resident Visa category. 2000 can be issued to people who made a ‘queue’ expression of interest (EOI) and 500 can be issued to people who made a ballot EOI.

Immigration New Zealand has approved in principle more Parent Category Resident Visas than we are normally allowed to grant this financial year (until 30 June 2025).

The Minister of Immigration has agreed that Immigration New Zealand can grant up to 2331 visas to people who made ‘queue’ EOIs this financial year, an increase of 331, as a one off. The ballot cap of 500 visas remains unchanged. Immigration New Zealand will contact applicants whose queue EOI is selected this financial year.

The limit of visas that can be granted under the Parent Category in the 2025/2026 financial year remains at 2500.

Changes to the Accredited Employer Work Visa (AEWV) and median wage

Immigration New Zealand (INZ) has announced a number of changes to the Accredited Employer Work Visa (AEWV) in March 2025, and changes to the median wage in February 2025.

In December 2024, the Government announced reforms to the AEWV to make the settings more flexible and responsive to the differing needs of businesses in certain sectors and regions. As a result of this, Immigration New Zealand (INZ) will be rolling out a number of changes over the course of 2025.

Further information about how these changes may affect employers and employees is here.

Phase 2 of these changes are as follows.

Remove the Median Wage requirement from AEWV and Specific Purpose Work Visa (SPWV)

From 10 March 2025, employers recruiting workers under the AEWV and seasonal SPWV policies will no longer be required to pay the median wage. Instead, there will be no set pay thresholds except the New Zealand minimum wage (currently NZD 23.15 an hour, increasing to NZD 23.50 an hour on 1 April).

Employers will, however, still be expected to pay migrant workers on par with their New Zealand counterparts (the New Zealand market rate).

Sector Agreements which provided an exemption to the median wage will be removed alongside this change. Sector Agreements which offer residence pathways will continue to do so, with no changes to the wage rate required to gain residence.

The removal of sector agreements means that roles previously covered by sector agreements for below median wage jobs are no longer subject to restrictions such as caps or limitations on visa duration and instead will be treated the same as other jobs of the same skill level.

Current AEWV holders should continue to be paid in line with their employment agreement and visa conditions.

Reducing the work experience requirement for migrants from 3 years to 2 years

From 10 March 2025 the work experience requirement for migrants will be reduced from three years to two years.

Employers still have to check that their migrant worker meets the threshold, and applicants will still need to provide evidence that they meet the two-year threshold.

This change will still make sure that migrants have enough experience to help minimise the risks of exploitation.

Amending the requirement for employers to engage with the Ministry of Social Development (MSD)

From 10 March 2025 the requirement for employers to engage with the MSD will be now become declaration based.

They will need to declare in good faith, that they have advertised lower skilled roles (ANZSCO skill level 4 and 5) with MSD and interviewed candidates who may be suitable for the role. Employers will be required to retain evidence of their engagement as they may be requested to provide it. This can be done alongside recruitment employers will already be undertaking in the domestic labour market.

Increasing the visa duration for ANZSCO Level 4 and 5 AEWV holders to 3 years

From 10 March 2025 the visa length for new ANZSCO Level 4 and 5 AEWVs will be extended to three years, matching the total time they can stay in New Zealand on one or more AEWVs (their maximum continuous stay).

Increasing the income threshold for supporting dependent children

From 10 March 2025 the income threshold will be increased from an annual threshold of NZD 43,322.76 to NZD 55,844. This is 80% of the median wage (aligning with eligibility for partner work rights) based on an annual, 40-hour work week. It will be updated annually in line with changes to the median wage.

The previous income threshold will continue to apply where a child held a visa on, or had applied for a visa, before 10 March – this ensures that children who are already here do not have to leave if their parent can meet the old threshold but cannot meet the new one.

Recognition of higher ANZSCO skill levels

With INZ transitioning from the Australian and New Zealand Standard Classification of Occupations (ANZSCO) to the National Occupation List (NOL), there are differences with the classification of some roles.

So that applicants are not disadvantaged, from 10 March 2025 the following occupations will be treated as ANZSCO skill level 3 to align with their skill level in the NOL:

  • Cook (351411)
  • Pet groomer (361113)
  • Kennel hand (361115)
  • Nanny (421113)
  • Fitness instructor (452111)
  • Scaffolder (821712)
  • Slaughterer (831212)

There are also four other roles that will be recognised as ANZSCO skill level 3 where the employer has specified that the job needs either three years of work experience or a level 4 qualification, as part of the job check. This ensures skilled workers can be retained in certain critical jobs. These four roles are:

  • Agricultural and horticultural mobile plant operator (721111)
  • Excavator operator (721214)
  • Forklift driver (721311)
  • Mobile plant operators not elsewhere classified (721999)

Updates to interim visa work rights

In April, there will be further changes coming into effect regarding work rights for people on interim visas while they are awaiting the outcome of an AEWV application. This includes:

  • allowing AEWV applicants to have interim work rights if they apply while holding any type of work visa or from a student visa that permits work during term time, and
  • enabling time spent on an interim visa that allows work, to be considered when calculating a migrant's total continuous stay under the AEWV, as well as for gaining work experience needed for work-to-residence pathways.

Median wage changes

From 28 February 2025, AEWV holders who want to support a partner will still be required to meet the wage threshold, which is increasing to NZD $26.85 an hour.

From 28 February 2025, income thresholds for sponsors under the Parent Category will be indexed to the new median wage of NZD 33.56 an hour.

These changes are based on Statistics New Zealand’s publication of median hourly earnings for the previous year’s June quarter and are intended to ensure migrants who are supporting a partner or parent have the financial means to do so.

Changes to Active Investor Plus Visa

Immigration New Zealand (INZ) has announced that changes are being made to the Active Investor Plus Visa to help New Zealand encourage growth and make investing in New Zealand more attractive.

From 1 April 2025, changes to the Active Investor Plus Visa include:

  • introducing two simplified investment categories — Growth and Balanced;
  • a minimum investment amount of NZD 5 million for Growth category investors and NZD 10 million for Balanced category investors;
  • broadening the scope of acceptable investments for Balanced category to include bond and property (new residential, new/existing commercial or industrial developments) investments;
  • fewer immigration requirements for migrants who choose more active investments (such as time required to be spent in New Zealand);
  • reducing the time Growth and Balanced category visa holders have to make their investments in New Zealand, both categories must make all investments within six months of their approval in principle but may apply for a six-month extension; and
  • removing the English language requirement.

Investors can apply for the visa using the same online application form that they currently use which will be updated to reflect the new changes.

Further details will be available and published in early March.

Allocation priorities for international student visa applications

Immigration New Zealand (INZ) is changing the way it allocates international student visa applications from students in New Zealand, so it has more flexibility and can process these more efficiently during this summer processing peak.

For applications submitted in New Zealand, INZ will prioritise visa applications from students who are in New Zealand and applying for a second or subsequent international student visa, with a new provider or for a different course. This is because students changing course and/or provider must be granted a visa with their new study conditions before they are permitted to start.

Even if an application is allocated first, it does not mean it will be decided in that order.

INZ will continue to process other international student visa applications in date order.

The quality and completeness of any application has a direct impact on how long it takes for the application to be decided.

Students must submit all the information needed when they apply. Due to the high volume of visa applications received during the peak summer months, INZ is not able to contact students before allocation if documents are missing from their visa application. If information required to assess an application is missing, the application may be declined.

Students who are applying for a student visa from within New Zealand, must include their tuition fee receipt upfront, or their application may be declined.

Jan 2025

Working remotely from New Zealand permitted

On 27 January 2025, the Government announced that the rules for visitors are changing and people arriving on a visitor visa or NZeTA can work for overseas employers or clients while visiting New Zealand.

The change applies to applications received from 27 January 2025 for all visitors, including tourists and people visiting family, and partners and guardians on longer-term visitor visas.

These new conditions mean that tourists can stay in New Zealand as a digital nomad and keep in touch with work back home, without breaching their visa conditions.

Both visitor visa recipients and people who enter with an NZeTA (New Zealand Electronic Travel Authority) will receive these conditions.

Visitor visa holders must not:

  • work for a New Zealand employer
  • provide goods or services to people or businesses in New Zealand
  • do work that requires them to be physically present at a workplace in Tax information.

Tax implications

  • The tax treatment of a digital nomad’s income from working for a foreign employer while in New Zealand depends on the person’s individual circumstances and the individual is responsible for understanding the tax rules relevant to their circumstances.
  • Generally, if the person’s income is taxed elsewhere, New Zealand will exempt it from tax if the person does not spend more than 92 days in New Zealand in a 12-month period. The days do not need to be consecutive.
  • If the person is tax resident in one of the 40 plus countries with which New Zealand has a tax treaty (such as Australia, most of Europe, the UK, the US and much of Asia), this period can often be extended to 183 days. More information is available on Inland Revenue’s website.
  • If the person is present in New Zealand for longer than the relevant limit for exemption, New Zealand will tax their income from providing services. This tax will apply from the first day of their New Zealand presence, and will be imposed at the same rates as apply to New Zealand residents.

Cargo ship crew and passengers can apply for an NZeTA from 3 February 2025

From 1 April 2025, all crew members and passengers on foreign cargo ships must have a New Zealand electronic Travel Authority (NZeTA) before they can travel to New Zealand.

Passengers can apply for a Traveller NZeTA via the app or on our website from 3 February 2025.

From 3 February 2025 a registered cargo carrier will be able to request Crew NZeTAs on behalf of their crew heading to New Zealand via the Batch ETA system. Cargo carriers can request an onboarding package for the Batch ETA system by emailing Immigration New Zealand (INZ).

INZ strongly encourages carriers to start requesting NZeTAs for crew members as soon as possible before 1 April 2025 to ensure all maritime crew meet the new requirements before they come into effect.

The NZeTA costs between NZD$17 and NZD$23 for each traveller, and it is valid for 2 years for visitors and up to 5 years for crew members. Most passengers must also pay the International Visitor and Conservation Levy of NZD$100 at the same time as paying for their NZeTA.

2025 opening dates for capped Working Holiday Schemes confirmed

The 2025 reopening dates for capped Working Holiday Schemes (WHS) have now been confirmed. The table here outlines the date each scheme will open, as well as how many places are available in each scheme for 2025.

Once each scheme opens, applications will be open until the quota is filled. Once the quota is filled, the scheme will close until 2026.

Working holiday schemes that still have places left from 2024 will remain open until the quota is reached. The quota will then reset on the 2025 opening date.

 

Changes to Employment New Zealand module requirements and domestic workforce threshold for AEWV coming into effect

Immigration New Zealand (INZ) has announced that the requirement for accredited employers to complete Employment New Zealand's online modules is being removed on 27 January 2025.

People responsible for hiring migrant workers as part of an accredited employer’s business currently have an obligation to complete Employment New Zealand's online modules. According to INZ, these modules were providing little value to employers, completion was proving difficult to evidence in some cases, and the platform they are delivered on will no longer be supported.

Additionally, accredited employers currently have an obligation to provide time for their migrant workers to complete Employment New Zealand employee modules. These are likewise being discontinued by Employment New Zealand so the requirement will no longer apply. Employers are still expected to provide employment and settlement information to migrant workers.

The requirements regarding online modules will be removed from 27 January 2025 for all current and future accredited employers and Recognised Seasonal Employers (RSEs).

Immigration New Zealand (INZ) will instead provide employers and workers with links to freely available Employment New Zealand or INZ webpages that set out employment rights and obligations at the most appropriate points in the immigration process, including in their visa approval letter.

Domestic workforce threshold requirement changes

Additionally, the domestic workforce threshold required for triangular employers hiring certain construction roles will reduce from 35% to 15% to align with the requirements for triangular firms in other sectors.

Employers will need to meet and maintain this 15% threshold throughout the period of their accreditation.

This will also come into effect from 27 January 2025.

These changes are part of the reforms to the Accredited Employer Work Visa (AEWV) the Government announced on 17 December 2024.

1/3/25

Changes to the Post Study Work Visa (PSWV)

Immigration New Zealand (INZ) is making changes so that students who complete a Master's degree following a Postgraduate Diploma do not lose eligibility for a Post Study Work Visa.

Students who studied a Postgraduate Diploma (PGDip) for 30 weeks and immediately progressed to a Master’s degree, but were not enrolled in the Masters for 30 weeks, are now eligible to apply for a Post Study Work visa (PSWV) based on their PGDip enrolment. This will give students more flexibility in their course of study and ensure they can remain eligible to work following their qualification.

If a student has completed a qualification that is eligible for a PSWV then immediately completes a higher-level qualification (that is ineligible for PSWV, including because they did not study for the minimum duration), they will have 12 months from the end date of their student visa for the initial qualification to apply for a PSWV.

If a student wants a three-year PSWV, they will need to complete at least 30 weeks of full-time study in New Zealand, enrolled in the Master’s degree itself.

To be eligible for a PSWV, applicants must hold an eligible New Zealand qualification that has been studied full-time in New Zealand for the required minimum duration and apply within the required timeframe.

The following changes are being made to align the list of qualifications eligible for a PSWV with the Green List:

 

  • PSWV applicants who qualify to teach at secondary school no longer require a Bachelor’s degree specialising in Science, Mathematics, Technology or Pacific Languages;
  • Applicants who have completed graduate diplomas and meet the Teaching Council’s registration requirements are able to get a PSWV to work as a Primary or Intermediate school teacher;
  • The New Zealand Diploma in Engineering (Level 6) with a strand in Mechanical Engineering has been added so Mechanical Engineering Technicians are eligible for a PSWV.

12/27/24

Changes to improve partnership resident visa processing times

Immigration New Zealand (INZ) is making changes to slow the expected increase in processing times for partnership residence applications.

The volume of partnership residence applications steadily increased between mid-2023 and August 2024 as more partnership work visa holders and partners of 2021 Resident Visa holders became eligible for partnership residence. There was also a significant surge in applications in September 2024 before fees and levies increased on 1 October 2024.

The growth in applications has increased processing times for most partnership residence applications to around seven months and this is forecast to increase further.

Changes include allocating more staff to process applications and following up by phone when more information is needed to make a decision.

Reforms to Accredited Employer Work Visa announced

The Government has announced reforms to the Accredited Employer Work Visa (AEWV). These include removing the median wage threshold, reducing experience requirements to two years and introducing new seasonal visa pathways to support employers to fill skill gaps.

 

The changes will be implemented in four different stages over the course of 2025, beginning in January. The key changes are as follows:

 

From January 2025

  • The domestic workforce threshold for employers of certain construction roles is being reduced from 35 per cent to 15 per cent.
  • The requirements regarding online modules will be removed from 27 January 2025 for all current and future accredited employers and Recognized Seasonal Employers (RSE).

From March 2025

  • Wage thresholds for all AEWV roles will be removed. Employers still need to advertise and offer AEWV employees the market rate for their position and workplace location. This change does not affect existing employment agreements. There are no changes to the wages that AEWV workers must earn to apply for residence.
  • AEWV migrants will need to earn at least NZD 55,844 a year to support dependent children, along with meeting other criteria.
  • The experience requirement for migrants will be reduced from three years to two.
  • Following feedback through consultation, the visa duration will increase to 3 years for new AEWVs issued for jobs assessed as skill level 4 or 5 on the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The visa length will change from 2 years (with the option of 1 additional year) to 3 years to align with the total time these workers can stay in New Zealand (their maximum continuous stay). Those currently on a 2-year visas will be able to apply for a further AEWV for 1 year if they meet the requirements.
  • The current requirement for employers to engage with the Work and Income (the labour market test) will be amended to be declaration based. Employers must declare that they have, in good faith, advertised ANZSCO skill level 4 or 5 jobs with Work and Income and interviewed candidates who could have been suitable for the job. This can be done alongside the recruitment that employers will already be undertaking in the domestic labour market. There will also no longer be a set 21-day timeframe for the engagement with Work and Income.
  • INZ will instead provide employers and workers with links to freely available Employment New Zealand or INZ webpages that set out employment rights and obligations at the most appropriate points in the immigration process.

From April 2025

  • Interim work rights will be extended to AEWV applicants who are applying from any work visa type or from a student visa that allows them to work during term time, supporting migrants to maintain employment while their visa is processed.

After July 2025

  • A redesign of the Job Check step of the AEWV process. The changes will help streamline the Job Check for low-risk employers and improve processing timeframes.
  • In November 2025, two new pathways for seasonal workers will be introduced, including a 3-year multi-entry visa for experienced workers and a 7-month single entry visa for lesser-skilled workers. The existing temporary seasonal pathways will remain available until then.

11/4/24

Changes to accreditation rules for companies involved in a business sale or merger

Immigration New Zealand (INZ) has announced changes to the accreditation and Job Check process to make it easier for employers and people holding an Accredited Employer Work Visa (AEWV) during a business sale or restructure.

From 6 November 2024, if an AEWV holder remains in the same role and location, but their employer changes due to a business sale or restructure then the AEWV holder must still apply for a Job Change.

If the new employer holds, or has applied for, accreditation when the Job Change application is received, INZ will be able to approve the Job Change before deciding the employer’s accreditation application.

The new employer will not need to apply for a Job Check unless the AEWV holder’s role or work location will change.

Anyone holding an AEWV who transfers to a new employer after a sale or restructure will be counted in the employer’s quota of 5 AEWV employees under standard accreditation. Employers who will exceed this should apply for high-volume accreditation before the workers apply for their Job Change.

10/29/24

New visa application centre in Samoa

On 21 October 2024, Immigration New Zealand (INZ) announced that a new Visa Application Centre (VAC) will open in Apia, Samoa on 4 November 2024 in partnership with VFS Global.

The new VAC will enhance the service offerings for INZ’s Samoan clients, featuring an application lodgement service available from Monday to Friday, between 09:00 and 16:00. The existing INZ Apia office counter, which currently operates for just one hour each day, will close on 1 November 2024.

From 4 November 2024, customers wanting to submit paper visa applications in person can do this through the Apia VAC. A VAC service fee of WST 90 per application will apply.

There will be a transitional period for Recognised Seasonal Employer (RSE) applications to the VAC. INZ Apia will continue to accept RSE visa applications for 2 weeks from 4 to 18 November 2024.

From 18 November 2024, all RSE visa applications must be submitted through the Apia VAC, which will charge a service fee of WST 45 per application.

More places for Vietnam Working Holiday Scheme

The Vietnam Working Holiday Scheme reopened on 24 October 2024 and the number of places available under the scheme has increased from 100 to 200.

New Zealand has agreements with 45 countries, including Vietnam, that allow young people aged between 18 and 30 (or up to 35 in some cases) the opportunity to travel around New Zealand and work temporarily while they are here.

Work is under way to have formal agreements in place to allow a reciprocal increase for New Zealand holidaymakers wanting to travel to Vietnam.

Open work rights for partners of migrant workers

On 23 October 2024, Immigration New Zealand (INZ) announced that, from 2 December 2024, open work rights will be available to:

  • all partners of Accredited Employer Work Visa (AEWV) working in an Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3 role and earning at least NZD 25.29 an hour (80 percent of the standard median wage)
  • partners of AEWV holders earning at least NZD 25.29 an hour if they were already supporting a partner for a work visa on 26 June 2024
  • all partners of Essential Skills work visa holders earning at least NZD 25.29 an hour.

Furthermore, open work rights will be available to partners of AEWV holders working in an ANZSCO Level 4-5 role:

  • earning at least NZD 47.41 an hour (150 percent of the standard median wage), or
  • earning at least NZD 31.61 an hour in a role on the Green List and meeting the Green List requirements for that role, or
  • earning at least NZD 25.29 an hour (80 percent of the standard median wage) and meeting the requirements of a role in the Transport or Care Sector Agreements (or the wage specified in the sector agreement, whichever is higher).

ANZSCO grades occupations according to skill level. ANZSCO skill levels range from 1 to 5, with 1 being the most skilled and 5 being less skilled.

Current holders of partner work visas with specific employment conditions, will be able to apply to vary their visa conditions to switch to open work rights, if their partner meets any of the above situations.

Those who meet the above criteria will be able to apply for a variation of conditions or a new work visa from 2 December 2024.

10/14/24

The Australian and New Zealand Standard Classification of Occupations (ANZSCO) to be replaced

The Australian and New Zealand Standard Classification of Occupations (ANZSCO) used by Immigration New Zealand (INZ) for visa applications, is to be replaced by comparable but separate systems for both countries.

Statistics New Zealand will be introducing a new New Zealand classification system called the National Occupation List (NOL). The first version of the NOL will be released on 20 November 2024.

The announcement was made on 8 October 2024 by the Australian Bureau of Statistics and Statistics New Zealand. It follows a consultation period which found strong support for separate systems because the labour market in both countries has changed so much.

It will take some time for Immigration New Zealand to transition to the new classification system. INZ will continue to use the Australian and New Zealand Standard Classification of Occupations (ANZSCO) until then and will provide a further update in 2025 when there is a confirmed switch over date.

ANZSCO grades occupations according to skill level. ANZSCO skill levels range from 1 to 5, with 1 being the most skilled and 5 being less skilled.

Changes to the China Special Work Visa

From 14 October 2024 changes to visa caps for the China Special Work Visa will align the visa with the New Zealand-China Free Trade Agreement upgrade.

The 2008 New Zealand-China Free Trade Agreement allowed up to 800 non-labour market tested work visas for Chinese nationals in five specific occupations: Chinese chefs, traditional Chinese medicine practitioners, Mandarin teacher's aides, Wushu martial arts coaches, and Chinese tour guides. These work visas have a maximum duration of three years, after which individuals must remain outside New Zealand for three years before reapplying for a visa under this category.

The New Zealand-China Free Trade Agreement was upgraded in 2018. As part of this upgrade, visa caps for these occupations were reallocated, taking effect from April 2022. This increased the number of visas available for Chinese Tour Guides from 100 to 200 and Mandarin Teachers' Aides from 150 to 300, while decreasing allocations for lesser-used categories, Traditional Chinese Medicine Practitioners and Wushu Martial Arts Coaches. The Chinese Tour Guides category was also broadened to 'Chinese Tourism Specialist' to make it easier for New Zealand businesses to hire staff through this visa category.

From 14 October 2024, immigration requirements will be updated to align with the upgraded New Zealand-China Free Trade Agreement. This means that 200 visas will be available to Chinese tourism specialists rather than Chinese tour guides. Separately from the FTA Upgrade, the qualification requirements for Chinese chefs are also broadened to allow them to hold a Certificate of Occupational Skill Level (COSL) Level 3 in traditional Chinese cuisine.

9/20/24

Reminder of upcoming visa charge increases

The Government announced on 9 August 2024 that increases to visa charges, made up of fees and levies, and the International Visitor Conservation and Tourism Levy (IVL), are being introduced on 1 October 2024.

To ensure applications submitted before the increase are processed as fast as possible, Immigration New Zealand (INZ) is reminding applicants to provide all the required evidence with their applications

Applying without the required evidence or before meeting the requirements, means an application may be declined. People whose application is declined will need to pay the new charges if they reapply.

9/13/24

Increase to visa charges imminent

The Government announced on 9 August 2024 that increases to visa charges, made up of fees and levies, are being introduced on 1 October 2024. Further to this, the Government announced on 3 September 2024 that the International Visitor Conservation and Tourism Levy (IVL) will also increase from 1 October 2024. 

The table of changes to fee and levy rates has information on what fees and levies will be charged from 1 October 2024.

Some people applying to come to New Zealand need to pay the International Visitor Conservation and Tourism Levy (IVL) which is increasing from NZD 35 to NZD 100 from 1 October 2024.

9/9/24

Short-term exemptions to AEWV skills requirements for specific roles and sectors

On 29 August 2024, the New Zealand government announced that, effective 8 September 2024, a short-term exemption to the Accredited Employer Work Visa (AEWV) minimum skill requirement will be available in some sectors while long-term AEWV changes are being decided.

Meat and seafood processing

New visa applicants who have been offered a role under the 2024/25 cap in the meat processing or seafood processing sector agreement.

Tourism and hospitality

Existing visa holders with a role in the tourism and hospitality sector that is exempt from paying the February 2023 median wage, if:

  • their visa is expiring on or before 31 March 2025
  • they are applying for a further one-year duration AEWV, and
  • their application is for the same occupation.

Care workforce

Existing visa holders with a role included in the care workforce sector agreement, if:

  • their visa was granted between 4 July 2022 and 23 November 2023
  • they were paid at least NZD$26.16 per hour
  • they are applying for a further 1-year duration AEWV, and
  • their application is for the same occupation.

These changes only exempt AEWV applicants from the minimum skill requirements introduced in April 2024. Applicants will still need to meet any requirements listed by the employer in the Job Check application.

These changes are part of a wider review of the AEWV to ensure it is fit for purpose. Targeted consultation on potential longer-term options to further improve the AEWV will continue throughout the year.

8/30/24

Further update on migrant school leaver work rights

In July 2024, the New Zealand government announced it will increase access to part-time work rights for migrant high school leavers who are awaiting the outcome of a family residence visa application.

Immigration New Zealand (INZ) has now confirmed that this change will come into effect on 1 October 2024.

  • Those who are eligible and already on a visitor visa will be able to apply for a variation of their visitor visa conditions to get these work rights from 1 October 2024.
  • Those who are eligible and applying for a visitor visa will be able to apply for work rights as part of their visa application from 1 October 2024.

Eligibility

An eligible applicant for part-time work rights must be an applicant on an already-lodged application for one of the following residence visas:

  • Dependent Child Resident Visa
  • Skilled Migrant Category Visa (either current or pre-October 2023 visa criteria)
  • Straight to Residence Visa
  • Work to Residence Visa
  • Care Workforce Work to Residence Visa
  • Transport Sector Work to Residence Visa.

They must also:

  • already have or be eligible to apply for a Child of a Worker Visitor Visa, or Child of a New Zealander Visitor Visa, and
  • be 18 to 24 years old (inclusive), or 17 years old and have evidence of high school completion.

Those who are eligible will be able to work up to:

  • 20 hours per week between 1 February and 30 November, and
  • 40 hours per week between 1 December and 31 January.


These are the same work rights for Year 12 and 13 students on a Dependent Child Student Visa. This change makes sure the same work rights are available across visas open to migrant school leavers awaiting a residence decision

8/19/24

Upcoming increase to visa charges

On 9 August 2024, the government announced increases to visa charges, effective 1 October 2024. The new visa charges are published here.

Fees for visa applicants from Pacific countries will continue to be subsidised.

People using the immigration system will now fund 80 percent of costs for English for speakers of other languages (ESOL) programmes in schools. The Government will continue to fund the remaining 20 percent.

New temporary visa option for some seasonal workers

Immigration New Zealand (INZ) has announced a new subcategory of the Specific Purpose Work Visa to provide some short-term relief to employers in industries with upcoming seasonal peaks.

This is an interim, time-limited, streamlined pathway and is more in line with the length of seasonal work.

To be eligible, the seasonal work must be directly impacted by changes in weather, such as harvesting, ski instructing, or tree planting. The role must also start on or before 31 May 2025, and be for no longer than nine months. Horticulture, viticulture, and fishing crew work covered by other visas is excluded.

Applications from migrants must be received on or before 31 March 2025.

Employers will need to:

  • hold employer accreditation
  • pay at least NZD 29.66 per hour for a minimum of 30 hours per week.
  • advertise the role beforehand, and provide evidence of this to the migrant to include in their application.

INZ is considering the need for a longer-term visa option for seasonal workers as part of the ongoing review of the Accredited Employer Work Visa (AEWV) and will undertake targeted consultation shortly as part of this work.

Improvements for Recognized Seasonal Employers scheme

Immigration New Zealand (INZ) has announced an increase in the Recognised Seasonal Employer (RSE) cap and initial improvements to the RSE scheme.

The RSE scheme is intended to maximise benefits for Pacific workers and countries while also giving the horticulture and viticulture industries access to a reliable, productive and experienced labour force for ‘peak season’ labour demand.

The newly-announced improvements reflect requests from industry groups as well as the recommendations from a review of RSE policy carried out by the Ministry of Business, Innovation and Employment (MBIE) in 2023.

Initial improvements

  • Employers must pay RSE workers an average of 30 hours a week over four weeks. RSE workers must currently be paid a minimum of 30 hours per week. Employers have raised concerns that factors like weather can cause weekly fluctuations in the availability of work, meaning they may pay for hours which are not worked under current rules. If an employer cannot provide the required 120 hours of work over the 4-week period, they will need to top up the worker’s pay to meet this amount.
  • RSE workers will now be granted a multi-entry visa that will allow them to leave and return to New Zealand during a season. RSE Workers will be expected to cover the costs of temporary departures from New Zealand, including flights.
  • RSE workers will no longer have to be screened for HIV. This change brings the RSE visa into line with other visas.
  • The pause on accommodation cost increases will be lifted. Employers will be able to increase weekly accommodation costs (covering both rent and utilities) for RSE workers by either 15 percent or NZD$15.00, whichever is less, for 12 months. Accommodation deductions must still be for actual, reasonable, and verifiable expenses. This only applies to workers who have not already signed agreements about the costs of accommodation before 2 September 2024. This is because once agreed, the Residential Tenancies Act 1986 does not allow rent increases within 12 months.
  • RSE workers will be able to undertake training and skills development not directly related to their role. Training will also not have to take place through industry training organisations.
  • There will be more flexibility for RSE workers to move between employers and regions. The current grace period for the movement of workers will be extended from 14 to 21 days either side of the worker’s move date, as approved on the ATR. This increased flexibility applies to both joint ATRs and individual employers with multiple worksites, where movement between the worksites has been approved on the ATR. Further opportunities to increase flexibility in the longer-term will be considered as part of the next phase of work to review the RSE scheme. This will include the approach to labour market testing to ensure that the ‘New Zealanders first’ principle of the RSE scheme is not undermined, worker welfare is protected and a graduated enforcement model introduced.
  • The requirement to pay RSE workers at least NZD 25.47 (10 percent above the minimum wage) will only apply to experienced workers returning for their third and subsequent seasons. All other workers will need to be paid, at least the New Zealand minimum wage.
  • Timor-Leste will be included in the scheme.

Most of these changes will take effect from 2 September 2024. Further time will be needed to set up the infrastructure and processes on the ground to enable Timor-Leste’s participation.

RSE cap increase

The Government has also announced an increase to the RSE cap for the 2024 to 2025 season.

The cap on the number of workers is increasing to a total of 20,750. This is an increase of 1250 from the 2023 to 2024 season cap which was 19,500.

Feedback from a survey of all RSE employers on the number of workers they would need in 2024/25 informed where the cap was set.

This increase will help meet industry projections for growth, particularly in wine and kiwifruit exports, and related plans to expand their operations. It also balances the labour needs of the industry and the availability of accommodation for workers.

More information is available here and here.

New requirement for cargo ship crew and passengers

The Government has introduced a new requirement for foreign cargo ship crew and passengers to hold a New Zealand electronic Travel Authority (NZeTA) before travelling to New Zealand.

This change aligns with the existing requirements for cruise ship passengers and crew, who have been required to hold an NZeTA since 2019. This includes crew members of foreign ships authorised by the Minister of Transport to carry coastal cargo.

The new requirement will be implemented on 1 April 2025. This provides a transition period to give the shipping industry and carriers sufficient time to adapt to the NZeTA system.

8/2/24

Transit Visas moving online and changes to transit requirements for Fijian nationals

Immigration New Zealand (INZ) has announced that people applying for a Transit Visa will no longer have to submit paper applications through Visa Application Centres, providing a more streamlined and efficient experience and removing fees associated with submitting through a Visa Application Centre.

Applying online makes the application process easier and provides applicants more visibility over their application, allowing them to check their application progress in real-time.

Chinese Group Transit Visa applications

Applicants applying for Group Transit Visas for Chinese Nationals must continue using the paper application process. INZ will be working on an online solution for this category soon.

 

Changes to transit requirements for Fijian nationals

Fiji will be added to the Transit Visa waiver list from 4 September 2024. This allows Fijian nationals to apply for a New Zealand Electronic Travel Authority (NZeTA) instead of a Transit Visa, simplifying the application process. From this date, Fiji nationals can apply for an NZeTA to transit through New Zealand. If you already have an approved Transit Visa, it will remain valid until its expiry date even after the waiver takes effect.

 

The fee for an NZeTA is NZD 23 for online applications or NZD 17 if using the free app. Most NZeTA requests are processed within 72 hours and are valid for two years.

Fijian nationals who intend to visit, study, or work in New Zealand will still need to apply for the appropriate visa before traveling.

Fijian nationals travelling from or to Fiji through Wellington or Christchurch on Fiji Airways will still need to apply for a Visitor Visa, as there are no transit facilities at Wellington or Christchurch airports.

7/19/24

More part-time work rights for migrant high school leavers

The government of New Zealand has announced that dependents of a work visa holder or New Zealand citizen/resident will be able to apply for rights allowing them to work part time, provided they hold an eligible visitor visa and have applied for residence under an eligible category.

To be eligible to apply for part-time work rights, migrants must be an applicant on an already-lodged application for one of the following residence visas:

  • Dependent Child Resident Visa
  • Skilled Migrant Category Visa (either new or previous visa criteria)
  • any of the Skilled Migrant Category sub-categories (Straight to Residence Visa, Work to Residence Visa, Care Workforce Work to Residence Visa, Transport Sector Work to Residence Visa).

Migrants must also:

  • hold an eligible visitor visa and be a dependent child of a work visa holder or a New Zealand citizen/resident, and
  • be aged 17 and have completed high school, or aged 18 to 24 years old (inclusive).

They will be entitled to work up to 20 hours per week during the school year, and up to 40 hours per week over the summer holiday period. This aligns with work rights available to Year 12 and 13 students on a Dependent Child Student Visa.

This change will be implemented at the end of October, and the government will provide more details about how and when people can apply in late August.

6/28/24

Further changes to Accredited Employer Work Visa (AEWV)

Immigration New Zealand (INZ) has announced that, effective 26 June 2024, people holding an AEWV in roles at Australian and New Zealand Standard Classification of Occupations (ANZSCO) levels 4 and 5 without a pathway to residency are no longer able to support work, visitor or student visa applications for their partners and dependent children.

Partners and dependent children will still be able to apply for a visa in their own right to come to New Zealand, such as an Accredited Employer Work Visa or an international student visa, provided they meet the requirements.

The government has made this change to align with the broader suite of changes to the AEWV scheme earlier this year, and returns the settings to similar ones under the previous Essential Skills Work Visa.

The change will not impact:

  • people that already hold visas as a partner or dependent child, or
  • AEWV holders working in ANZSCO level 4 and 5 roles with a pathway to residency, such as the Green List, sector agreements with residence pathways, and
  • those earning at least 1.5 times the median wage threshold for the Skilled Migrant Category.

People who have an application as a partner or dependent child in progress will also not be affected. Those applications will be considered against the requirements that were in place on the date they applied.

6/24/24

Updated work rights for partners of a student

Immigration New Zealand (INZ) has announced that partners of students studying level 7 or 8 qualifications specified on the Green List, can now apply for a work visa with open conditions.

INZ has updated the Green List with the main Bachelor degrees and Bachelor Honours qualifications that lead to registration for certain occupations. These are occupations that have registration as a requirement instead of New Zealand Qualifications Authority (NZQA) qualifications.

This means people with student visas studying for these registration qualifications can now support their partner's application for a Partner of a Student Work Visa.

Those interested can check the Green List appendix in the amendment circular for the eligible qualifications.

For partners who are now eligible, their dependent school-aged children can be treated as domestic students. The children can apply for a Dependent Child Student Visa so they will not have to pay tuition fees to go to school. This currently applies to anyone with a Partner of a Student Work Visa.

5/31/24

English translations will be required for visitor visa supporting documents

From 17 June 2024, all supporting documents submitted with visitor visa applications to Immigration New Zealand (INZ) must be provided in English.

Applicants must provide a certified English translation of any documents in a foreign language. Applications without translated documents are likely to be declined.

Previously, applications including documents provided in a foreign language and with no translations could take longer to process.

What documents need translation?

All supporting documents submitted with visitor visa applications must be provided in English or include an English translation.

Examples of documents that require translation can include:

  • proof of funds — such as bank statements, pay records
  • flight itineraries including return tickets
  • proof of employment in your home country
  • leave of absence documentation
  • identity documents other than passports — for example, Hukou for Chinese nationals.

It is already a requirement for visitor visa applicants to provide English translations of medical and police certificates that are in a foreign language.

Who can complete a certified translation?

Applicants can provide certified translations completed by:

  • reputable private or official translation businesses
  • community members known for their accurate translations, excluding the applicant, family members, or their immigration adviser.

INZ will also accept translations from a licensed immigration adviser (LIA) who is:

  • a trustworthy person within the community
  • known to translate documents accurately
  • not an adviser on the application.

5/17/24

Franchisee accreditation category to be removed

Immigration New Zealand has confirmed that the franchisee accreditation category for the Accredited Employer Work Visa (AEWV) will be disestablished on 16 June 2024, as signalled in April. This is because there is no compelling evidence to suggest franchisee employers are more likely to be non-compliant and in need of additional accreditation requirements.

Franchisee employers will instead be able to hold either standard, high-volume, or controlling third-party employment accreditation, depending on their circumstances.

This change will reduce costs for franchisee employers and put them on an even footing with other businesses operating in the same industry.

Franchisee employers looking to apply for accreditation or who currently hold franchisee accreditation do not need to act now and will be able to apply for another accreditation type of their choosing after 16 June 2024. Applying before this date means applications will need to meet existing franchisee accreditation requirements.

Current accredited employers should ensure they apply for renewal before the expiry of their current accreditation. In most cases interim accreditation will be granted if the renewal application is not decided before the expiry of the current accreditation. 

5/10/24

Updated guidance on employer accreditation renewals

Immigration New Zealand (INZ) has provided updated guidance to support employers and their advisers with renewing their accreditation.

The guidance covers:

  • who should renew their accreditation
  • the best time to apply – we recommend six weeks before accreditation expires
  • choosing the right accreditation type
  • the evidence to provide for faster processing
  • how to apply.

 

For faster application processing, employers should provide supporting documents up front that show evidence of being a viable and genuinely operating business or organisation, compliance with business standards and settlement support for their AEWV employees. If this information is not provided and INZ needs to request it, the application will take longer to process.

Supporting documents can include, but are not limited to:

  • latest available evidence showing the business is viable and genuinely operating;
  • GST or PAYE records showing the business’ Inland Revenue (IR) number;
  • latest available evidence showing the time provided to employees to complete the Employment New Zealand employee modules;
  • Evidence showing that the Employment New Zealand employer modules have or will be completed;
  • Evidence showing that settlement support information was provided within one month of the AEWV holder starting to work;
  • the latest organisation chart, showing structure and positions in the business to help INZ understand the structure and nature of the business operation.

5/6/24

Secondary school teachers now on Straight to Residence pathway

On 3 April 2024, the government announced that secondary school teachers would move to the Straight to Residence pathway on the Green List of in-demand roles.

This change took effect on 1 May 2024.

Eligible overseas secondary school teachers can now apply for residence from outside New Zealand:

  • when they have an offer of employment with an accredited employer, and
  • without needing to work for 2 years in New Zealand first.

Other teachers remain on the Work to Residence pathway.

4/26/24

Ballot dates for 2024 Pacific Access Category and Samoan Quota

Immigration New Zealand (INZ) has announced that registrations will open for the 2024 Samoan Quota and the Pacific Access Category on Monday 20 May 2024 at 08:00 New Zealand Standard Time (NZST). The ballots will close on Sunday 30 June 2024 at 17:00 (NZST).

The Samoan Quota and Pacific Access Category are longstanding resident visa categories that allow people from the Pacific to become permanent residents in New Zealand. Both schemes operate through an annual ballot.

This year, up to 1,650 Samoan citizens, 250 Tongan and 250 Fijian citizens and 75 Kiribati and 75 Tuvaluan citizens will be granted residence. You can register for the annual ballot online.

Further information is available here.

4/16/24

On 7 April 2024, the government announced immediate changes to the Accredited Employer Work Visa (AEWV) which affect existing AEWV holders as well new as applicants, and their employers.

The changes to the AEWV include:

  • Introducing an English language requirement for migrants applying for low skilled level 4 and 5 roles;
  • A minimum skills and work experience threshold for most AEWV roles;
  • For roles that fall into the level 4 and 5, employers will need to engage with Work and Income before approval to bring in migrants will be granted;
  • Reducing the maximum continuous stay for most level 4 and 5 roles from 5 years to three years;
  • The franchisee accreditation category will be disestablished and these businesses will be to apply to bring in workers from overseas through the standard, high-volume, or triangular employment accreditation.

The changes to Sector Agreements and the Green List include:

  • The Transport Sector Agreement Work to Residence pathway for bus and truck drivers is closing to new applicants;  
  • Plans to add seven roles to the Construction and Infrastructure Sector Agreement, following the closure of the Recovery Visa are not progressing; 
  • Plans to add 11 occupations to the Green List are not progressing.   

See below for further details of all these changes.

Changes to the Accredited Employer Work Visa (AEWV)

What is changing for people with an AEWV

For those who currently have an AEWV, these changes could affect how long they can stay before they need to spend time outside New Zealand or their eligibility to be granted a further AEWV.

Those who applied for their first AEWV before 21 June 2023 and are in an ANZSCO level 4 and 5 job paying at or above the required AEWV wage rate, and currently hold a three-year AEWV, will no longer be able to access the maximum time of five years.

Those who are in an ANZSCO level 4 and 5 job on a pathway to residence will not be affected by these changes.

Those who apply for a further AEWV on or after 7 April 2024 will have to meet the updated criteria. Those who are in an ANZSCO level 4 and 5 job may not be able to stay and work in New Zealand for the maximum time of five years.

What is changing for new AEWV applications

There are now higher work experience and qualification requirements, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific roles.

New minimum skill requirement

Those who are applying for an AEWV will need to show evidence of their work experience or qualifications. This is in addition to the skills and qualifications that their employer has identified as necessary for the job and their employer will need to check they meet the skill requirements before they offer them the job.

Unless their role is on the Green List and meets the Green List role requirements, or is paid at least twice the median wage, they must now have:

  • at least 3 years’ relevant work experience, or
  • a relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework (NZQCF).

Evidence of their qualification must be accompanied by an International Qualification Assessment (IQA) if it is below bachelor’s degree level.

To meet the work experience requirement, they must provide evidence proving they did the work — they cannot include documents that they wrote.

Minimum standard of English

If the job is ANZSCO level 4 or 5, they need to show that they can speak and understand English.

This requirement will not apply to current applications, or to people travelling as the partner or child of AEWV applicant.

Shorter visa length and stay in New Zealand for some jobs

For ANZSCO level 4 and 5 jobs paying at or above the required AEWV wage rate, the maximum visa length for an AEWV is reduced to 2 years, with the ability to apply for one more year with a new Job Check.

The total time they can stay in New Zealand (also called a maximum continuous stay) on one or more AEWVs is reduced to 3 years. When they get to the end of their maximum continuous stay they will need to leave New Zealand for a specified amount of time — normally 12 months — before they can apply for another AEWV.

These changes will apply to anyone who applied for their first AEWV on or after 7 April 2024 or before 21 June 2023.

Some ANZSCO level 4 and 5 jobs will not be affected by these changes, including those:

  • on the Green List
  • in transport and care sector agreements, and on a pathway to residence
  • earning 1.5 times the median wage.

The length of an AEWV and maximum continuous stay for people in ANZSCO level 1 to 3 jobs will remain 5 years.

What is changing for employers

The requirements employers must meet to hire migrants on the AEWV have changed.

There are now more requirements at the accreditation and Job Check stages and during the accreditation period.

There are also higher work experience and qualification requirements for AEWV applicants, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific roles.

Ensure an applicant is suitably qualified and skilled

Employers must now take reasonable steps to ensure migrants are suitably skilled before sending them a job token. Employers will need to check that the migrant has the skills they have identified as necessary for the job, as well as the new minimum skill requirement being introduced as part of these changes.

These requirements must be met for all Job Check applications.

Employers who are accredited or re-accredited from 7 April 2024 will need to take reasonable steps to ensure migrant workers meet skill requirements as part of their accreditation obligations.

Employ migrants for at least 30 hours

From 7 April 2024, new AEWVs will be issued with a condition requiring them to employ migrants for at least 30 hours per week.

For those who do not provide at least 30 hours a week's employment, INZ can revoke their accreditation.

Grounds for suspending accreditation being expanded

Employers being actively investigated for any breach of accreditation may have their accreditation suspended. Previously, suspension was only an option for breaches of some accreditation requirements.

Now using ANZSCO skill levels

Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill levels are being introduced into the assessment of AEWV applications.

Suitable and available New Zealanders

There is now a definition of 'suitable and available New Zealanders'.

Employers will be required to declare that nobody who applied for the job met the definition. If an employer indicates that there were suitable New Zealanders available, the Job Check will be declined.

Extra rules for ANZSCO level 4 and 5 jobs

Employers wanting to fill jobs at ANZSCO level 4 and 5 now need to:

  • advertise for 21 days, rather than 14,
  • engage with Work and Income, and
  • declare in the Job Check why any New Zealanders who applied were not hired.

Employers must engage with Work and Income before making their Job Check application.

For those who did not hire a New Zealand applicant who met the definition of suitable and available, their Job Check will be declined.

Tell Immigration New Zealand when a migrant leaves their job

A new accreditation requirement is being introduced for employers.

If a worker on an AEWV leaves employment a month or more before their visa expires, they must tell Immigration New Zealand (INZ) within 10 working days. If they fail to do this we may revoke or suspend their accreditation.

This change will not apply to existing accredited employers until they renew or upgrade their accreditation.

Franchisee accreditation changing late-2024

Franchisee accreditation will end later in 2024. Franchisee employers will be able to apply for standard, high-volume, or triangular employment accreditation, depending on their circumstances.

Changes to Work to Residence and occupations on the Green List

Work to Residence changes for bus and truck drivers

Bus and truck drivers who apply for an Accredited Employer Work Visa (AEWV) on or after 7 April 2024 and those who start work as a bus or truck driver on an open work visa on or after 7 April 2024 will not be eligible to apply for a Transport Work to Residence visa.

Those who already hold an AEWV, those who have applied for an AEWV (and are later approved) and those on open work visas who have already started work, will still be eligible for a Transport Work to Residence visa.

Green List changes

On 8 April 2024, six roles will be added to the Green List, equating to nine ANZSCO occupations:

  • Straight to Residence
    • Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
    • Naval Architect (aka Marine Designer)
    • ICT Database and Systems Administrator
    • Mechanical Engineering Technician
    • Aircraft Maintenance Engineer
  • Work to Residence
    • Corrections Officer

The previously announced roles will not be added to the Green List:

  • Paving Plant Operator
  • Metal Fabricator
  • Pressure Welder
  • Welder
  • Fitter (General)
  • Fitter and Turner
  • Fitter-Welder
  • Metal Machinist (First Class)
  • Panel Beater
  • Vehicle Painter
  • Road Roller Operator

Construction and Infrastructure Sector Agreement

Previous plans to add these seven roles to the Construction and Infrastructure Sector Agreement will not progress:

  • Driller’s Assistant
  • Earthmoving Labourer
  • Earthmoving Plant Operator general
  • Line marker
  • Machine Operators not elsewhere classified
  • Mechanic’s Assistant
  • Road Traffic Controller

 

4/5/24

New immigration law infringement penalties

Effective 11 April 2024, Immigration New Zealand (INZ) will be able to issue infringement notices to employers with the aim of addressing lower-level immigration non-compliance and deter those who take advantage of migrant workers.

Infringements can be issued for employing people in breach of their visa conditions, employing a person unlawfully in New Zealand, or failing to comply with a 10-day information request.

Infringement penalties can include: a minimum fine of NZD 1000, loss of Accredited Employer or Recognised Seasonal Employer status, and being banned (stood-down) from supporting further visas for migrant workers for a period of time depending on the number of infringement notices the employer receives. More serious breaches may result in criminal charges.

Being stood-down means employers cannot get their accreditation back or support visa applications during the stand-down period. Stand-down periods include: 6-month stand-down for a single infringement notice, an extra 6-month stand-down for each subsequent infringement notice and a 12-month maximum stand-down for multiple notices issued at one time.

Employers can hire migrants on open work visas while on the stand-down list. When the stand-down ends the employer must show they have rectified the matter and done what is needed to stop it happening again before they can get accredited again under the Accredited Employer Work Visa (AEWV).

INZ will be publishing a stand down list on the Immigration website naming those employers who have been penalised and stood down.

New pathway for secondary school teachers

From May 2024, secondary school teachers move to the Straight to Residence pathway on the Green List of in-demand roles.

This move helps fill the likely shortage of secondary school teachers in the short to medium term.

The change allows eligible overseas secondary school teachers to apply for residence from outside New Zealand:

  • when they have an offer of employment with an accredited employer, and
  • without needing to work for 2 years in New Zealand first.

Other teachers remain on the Work to Residence pathway.

3/15/24

Updates to list of qualifications exempt from assessment

Immigration New Zealand (INZ) has announced that phase 2 updates have been made to the List of Qualifications Exempt from Assessment (LQEA) and will come into effect from 25 March 2024.

From that date, the list will be updated with qualifications awarded in the following countries:

  • Australia
  • Canada
  • China
  • Fiji
  • Japan

In addition, updates will be made to the list for these countries added to the LQEA in September 2023;

  • Malaysia
  • South Africa
  • United States of America

The updates to countries already on the LQEA includes adding:

  • Master’s degrees to the list of qualifications awarded in Malaysia
  • Doctoral Degrees to the list of qualifications awarded in South Africa and the United States of America.

More qualifications from additional countries will be added to the LQEA in further phases.

Ukraine Resident Visa imminent

Immigration New Zealand (INZ) has announced that the new Ukraine Resident Visa opens on 16 March 2024 and will remain open for two years. Applications must be submitted before 16 March 2026. The visa permits holders, their partners and children to live, work and study in New Zealand permanently.

This visa is available to people who arrived in New Zealand on a 2022 Special Ukraine Visa on or before 15 March 2024. All applicants must meet standard character and identity requirements and provide a Limited Medical Certificate and chest X-ray certificate. However, applicants do not need to take an English language test as part of their application. The applicant can add their partner and dependent children to their application.

The 2022 Special Ukraine Visa is a two-year temporary visa for Ukrainians with family in New Zealand. Expressions of interest (EOIs) from new applicants for this visa will close at midnight New Zealand Daylight Time (NZDT) on Friday 15 March 2024.

Those already in New Zealand on a 2022 Special Ukraine Visa can continue to:

  • apply for further 2022 Special Ukraine Visas while you shelter in New Zealand; or
  • wait for the outcome of their Ukraine Resident Visa application.

2/23/24

Recognised Seasonal Employer (RSE) threshold to increase

The New Zealand minimum wage will increase on 1 April 2024. This means that the wage threshold for all Recognised Seasonal Employer (RSE) workers will also increase to align with the new minimum wage.

RSE workers must be paid at the New Zealand minimum wage plus 10 percent. This means that from 1 April 2024 employers in this sector must pay workers NZD$25.47 per hour to ensure that RSE remuneration continues to increase in line with the minimum wage.

Currently, RSE workers are required to be paid a minimum of NZD$24.97 per hour for actual hours worked.

Employers who fail to update wages in line with the new minimum hourly wage would breach their Agreement to Recruit (ATR) commitments.

If a worker transfers from one RSE employer to another, the new employment agreement must also comply with minimum pay.

New wage thresholds imminent

Immigration New Zealand has confirmed that Wage thresholds for the Skilled Migrant Category, the Green List Straight to Residence and Work to Residence visas, and the Parent Category residence class visa will increase in line with the median wage (NZD 31.61 an hour) on 28 February 2024.

The wage threshold for the Transport Sector Work to Residence Visa will also increase in line with the new median wage (excluding bus drivers).

This increase does not apply to the Accredited Employer Work Visa (AEWV), which the Government signalled in December will remain at the current rate of NZD 29.66 an hour.

For consistency the pause also applies to AEWV-linked work visas that are either set at or indexed to the median wage rate from February 2023 (NZD 29.66 an hour) including:

  • the Partner of a Worker Work Visa
  • variation of conditions for AEWVs, legacy Essential Skills work visas, interim visas granted under the Skilled Migrant Category, and Partner of a Worker work visas
  • Subsequent Migrant Exploitation Protection Visas.

This pause allows time for decisions to be taken on alternatives to the median wage threshold to ensure it is attracting the workers New Zealand needs and filling genuine skill shortages.

Migrants who already hold an AEWV which is paid at the paused wage rate (NZD 29.66 an hour) may continue to accrue work experience for Skilled Residence, despite the increase in wage requirements. However, they will need to have a job or job offer that meets the skilled residence pathway rate in line with the median wage at the time that they apply.

Migrants who do not yet hold an AEWV and are looking to apply for one of the Skilled Residence pathways in the future should note that to meet eligibility they will be required to meet the higher threshold (NZD 31.61 an hour) rather than the lower one they need for an AEWV.

We use median wage data published by Stats NZ:

  • NZD 29.66 an hour reflects the June 2022 quarter
  • NZD 31.61 an hour reflects the June 2023 quarter.

All sector agreements and exemptions to the median wage will also remain in place with current wage rates until further decisions are taken on the use of the median wage under the AEWV.

The expiry of the tourism and hospitality wage exemption and the transport sector agreement have been delayed.

2/2/24

Permanent Resident Visa applications now online

As of 29 January 2024, the applications for the Permanent Resident Visa (PRV), Second or Subsequent Resident Visa (SSRV) and Variation of Travel Conditions of a resident visa (VOTC) are online.

Applicants must apply for these visas online and will be able to see the status of their application online.

Immigration New Zealand (INZ) will only accept paper applications in special circumstances or if an exception applies.

Applicants must have held their resident visa for at least two years to be eligible for permanent residence. If they were outside New Zealand when their resident visa was issued, their first day in New Zealand on their resident visa must have been at least two years ago. Applicants can check the Permanent Resident Visa page for the full list of criteria.

If an application is incomplete or missing supporting documents it may be delayed.

If the applicant submits an application before they are eligible, it is likely that it will be declined, and they will need to re-apply once they have met all of the eligibility criteria. They will also need to pay another processing fee.

Other permanent resident visa types, such as the Global Impact Permanent Resident Visa, and the Afghan Emergency Resettlement Permanent Resident Visa are not being moved online at this time. Eligible applicants for these visas should continue to use the paper form. More information is available here.

12/26/23

Pause on median wage rate increase for Accredited Employer Work Visa

The government has announced that it is pausing the scheduled increase of the median wage rate for the Accredited Employer Work Visa (AEWV) that was due in February 2024.

The median wage rate is the minimum amount that must be paid by employers to hire migrant workers on an AEWV.

The pause means the rate for workers on an AEWV will remain at the current rate of NZD 29.66 per hour. The pause also extends to median wage requirements for partners of workers.

All other sector agreements and exemptions to the median wage will also remain in place based on the current rate.

The new median wage of NZD 31.61 per hour will still apply to other visa categories that use it from February 2024, such as the Skilled Migrant Category and Parent Category.

The pause allows time for decisions to be taken on alternatives to the median wage threshold in the AEWV, which the Government has committed to removing.

Upcoming immigration changes to protect migrants

The Worker Protection (Migrant and Other Employees) Act 2023 will come into effect on 6 January 2024. The Act introduces a suite of changes across the Employment Relations Act, the Immigration Act, and the Companies Act, to combat migrant exploitation.

The changes to the Immigration Act are:

  • Requiring employers to provide employment-related documentation within 10 working days of it being requested by an immigration officer.
  • Introducing 3 new immigration infringement offences. These are:
    • allowing a person who is not entitled under the Immigration Act to work in the employer’s service to do that work.
    • employing a person in a manner that is inconsistent with a work-related condition of that person’s visa.
    • failing to comply with a requirement to supply documents within 10 working days.
  • Enabling the Chief Executive of MBIE to publish the names of employers who offend against the Immigration Act.

The Ministry of Business, Innovation and Employment (MBIE) will not commence issuing infringement notices until changes to the immigration regulations have been made to prescribe the form of the infringement notice. This is subject to decisions by the new government. MBIE will provide more information on how infringement notices will be implemented following the government’s decision,.

Once the amended immigration regulations are in place to enable the issuing of infringement notices, MBIE will be able to issue them for offences that occurred before the regulations were in place (up to a max of 90 days previously, or 6 January 2024, whichever is later).

In most cases, the new infringement offences do not change employers’ obligations. Employers are already required to only employ people who hold a valid visa and in line with those visa conditions, as well as provide documents as part of post-decision checks under the Accredited Employer scheme. Adding infringement offences to the Act strengthens and standardises the sanction for non-compliance with these requirements.

MBIE will also not start publishing the names of non-compliant employers immediately on 6 January 2024. This power is intended to support the publication of an immigration stand-down list, where the names of non-compliant employers are published alongside a “stand-down” period, during which they are not able to support further visa applications.

The offences that will lead to a stand-down and the formula for calculating a stand-down period are still to be approved by the government. MBIE will not start publishing a stand-down list until these details are confirmed.

12/15/23

90-day trial periods

The New Zealand Government announced on 11 December 2023 its intention to extend 90-day trial periods to all employers.

However, Immigration New Zealand (INZ) clarifies that this does not apply to accredited employers and those on the Accredited Employer Work Visa (AEWV).

On 29 October 2023, rules came into effect that mean accredited employers are not able to use 90-day trial periods in employment agreements. This is to encourage accredited employers to treat migrant fairly, and only recruit someone when they have a genuine labour need or skills gap to fill.

  • Employment agreements provided with job check applications must not include a trial period.
  • Employers who use a trial period in employment agreements will risk having their accreditation revoked.
  • Breaches could be detected up front as part of the job check process, or through post-decision and reaccreditation checks.

12/8/23

Permanent residence visa applications go online

Effective from the end of January 2024, customers will be able to submit the following applications electronically using Immigration Online (instead of using a paper-based application):

  • Permanent resident visa
  • Second or subsequent resident visa
  • Variation of travel conditions of a resident visa.

Currently, these applications are submitted using paper forms, limiting an applicant's ability to track the progress of their applications online. Moving to Immigration Online means applicants:

  • can check their application status online without having to call the INZ contact centre, and
  • no longer have to submit physical documents, such as passports.

Foreign nationals are only eligible for a Permanent Resident Visa once they have held their resident visa for at least two years.

  • If someone was outside of New Zealand when their resident visa was issued, the start of the two-year period is when they arrived in New Zealand on their resident visa.
  • Submitting an application within the two-year period may result in the application being declined, meaning customers will need to reapply and pay an additional application fee.

Immigration New Zealand (INZ) notes that an update sent to some Resident Visa 2021 holders on 5 December 2023 may contain an incorrect date for when they will be eligible for a Permanent Resident Visa, and they should check the eligibility criteria before they apply.

10/20/23

Additional Parent Category draw

An additional Parent Category draw of 1500 expressions of interests (EOIs) will be taking place on Tuesday 17 October 2023.

This additional selection from the queued EOIs is being made to provide certainty for those who have had their EOI in the queue and fulfil the 2000-cap available under this category for the financial year.

The remaining EOIs in the queue are expected to be selected as part of the November draw.

INZ will not be selecting EOIs from the ballot in this draw. The next ballot selection will take place in November.

To be considered for the next ballot draw, EOIs must be submitted no later than 31 October 2023.

An updated table for when EOIs are expected to be selected can be found here.

Reopening of Vietnam Working Holiday Scheme

Aotearoa (New Zealand) has agreements with 45 countries, including Vietnam, that allow young people aged between 18 and 30 (or up to 35 in some cases) the opportunity to travel around New Zealand and work temporarily while there.

On 30 October 2023, the scheme will reopen to Vietnam nationals, capped at 100 places.

In February, it was announced that Vietnam would receive a cap increase to 200 this year. However, this increase will now come into effect later than expected to enable time for the necessary processes between both our countries to be completed.

New Zealand officials are working to finalize details for raising the cap for New Zealanders looking to travel to Vietnam as part of a Working Holiday Scheme.

Changes to 90-day trial periods on Accredited Employer Work Visa and to AEWV labour hire (triangular) employment threshold workers

From 29 October 2023, employers cannot use 90-day trial periods when hiring people on an Accredited Employer Work Visa (AEWV). From 27 November 2023, labour hire (triangular) construction employment firms will need to have at least 35% of their labour hire workforce made up of New Zealand citizens and residents.

Changes to 90-day trial periods on Accredited Employer Work Visa

From 29 October 2023, accredited employers are not able to use 90-day trial periods in employment agreements when hiring people on an Accredited Employer Work Visa (AEWV). This is to encourage accredited employers to treat migrant fairly, and only recruit someone when they have a genuine labour need or skills gap to fill. 

  • Employment agreements provided with job check applications must not include a trial period.
  • Employers who use a trial period in employment agreements will risk having their accreditation revoked. 
  • Breaches could be detected up front as part of the Job Check process, or through post-decision and re-accreditation checks. 

After that date, an employer’s AEWV Job Check application under assessment will be declined if it includes an employment agreement with a trial period (regardless of the submission date),or Immigration New Zealand (INZ) may request updated information. This includes Job Checks submitted before 29 October 2023 but assessed on and after this date. 

The 90-day trial rule will not apply to: 

  • applications based on already-approved Job Checks; or 
  • migrants who already hold, or have applied for, an AEWV based on a job check that was approved prior to 29 October 2023 (when the policy takes effect). 

AEWV employer accreditation changes

Additionally, technical updates have been made to immigration instructions to clarify the ability to suspend or revoke an employer’s accreditation under the AEWV. 

From 29 October 2023: 

  • an employer’s accreditation can be suspended when INZ or another regulator is taking active steps to confirm an employer or its key people are compliant with immigration, employment and business standards. This includes any verification or compliance activities – not just formal investigations; 
  • the requirement for accredited employers not to pass on certain costs to migrant workers includes passing on costs to visa applicants, as well as those who already hold a visa. 

AEWV Labour hire (triangular) employment threshold change 

From 27 November 2023, INZ will be requiring accredited employers who are labour hire (triangular) employment firms who place migrants in specific construction occupations to have at least 35% of their labour hire workforce made up of New Zealand citizens and residents in full time employment. This is an increase from the current threshold of 15%. 

INZ will assess the New Zealand workforce threshold at both the accreditation and Job Check stages. Job Checks will fail if the new threshold is not met. 

Existing employers will not lose their current accreditation if they don't meet the new 35% threshold, as long as they continue to meet the 15% threshold. However, INZ will not approve a further Job Check until the employer meets the new threshold. 

The increased threshold will only apply to labour hire employers who are placing, or intending to place, AEWV holders in the occupations listed here.

Triangular employer are those who:

  • are employing staff for the purposes of placing or assigning the employee with a controlling third party. 
  • Are one party to an employment arrangement between three parties, with each party having distinct relationships with one another.  

Checks for employers with incorrect accreditation are underway. 

 

AEWV processing times

 

Immigration New Zealand (INZ) has made adjustments to its Accredited Employer Work Visa (AEWV) assessment approach, making more requests for further information from employers to confirm job vacancies are current, vacancies are genuine and whether employers can support the migrants they plan to hire.   

As a result, INZ is experiencing an increase processing times for the employer accreditation and job check phases of the Accredited Employer Work Visa (AEWV). 

Most applications are taking longer than 10 days to process at present. INZ recommends employers allow at least six weeks to apply for an accreditation and six weeks to apply for a job check with current processing times.

If an application has not yet been allocated for assessment and employers need to request urgent allocation, they can use the INZ employment visa escalation process to request that their application is prioritised if necessary. Note: an application taking longer than 10 days to process is not in itself a reason to be prioritised given the current processing volumes.

10/6/23

New Skilled Migrant Category

On 9 October 2023, the Skilled Migrant Category Resident Visa will open, with a simplified points system that sets a clear skills threshold for residence and offers several ways for applicants to demonstrate their skill level. Under the new system, applicants will need six points to be granted residence.

Applicants who wish to apply for the Skilled Migrant Category Resident Visa can claim three to six points from one of the following skill indicators:

  • Occupational registration (where an occupation has a regulated registration, licensing, or certification scheme in New Zealand and full registration requires at least two years of formal training or experience);
  • A bachelor’s degree or higher-level qualification; or
  • A skilled job earning at least 1.5 x median wage in New Zealand.

If applicants do not gain enough points through one of these skill pathways, they will need to gain additional points through having skilled work experience in New Zealand.

All applicants will need a skilled job offer in New Zealand, and most applicants will be required to spend time working in New Zealand before becoming eligible for residence.

Under the new settings, there will be no cap on the number of people who can gain residence if they meet the skills threshold. This, along with simpler settings, means applicants can expect faster decision times (where complete information is provided to Immigration New Zealand).

Employers can continue to bring skilled workers to New Zealand on a temporary work visa, such as the Accredited Employer Work Visa, or employ migrants on other work visas such as the Working Holiday Visa, even if they do not meet the residence criteria.

Recently, additional changes have also been made:

  • Interim visas now allow for Skilled Migrant Category Resident Visa applicants to be on an interim visa while they await the outcome of their application);
  • Interim visa holders who are awaiting the outcome of their Skilled Migrant Category Resident Visa application will be able to vary some of the conditions of their interim visa if their circumstances change;
  • Changes to the List of Qualifications Exempt from Assessment (LQEA) were made ahead of the Skilled Migrant Category Resident Visa opening, as well as the Work to Residence (WtR) category opening.

 

Pacific Access Category and Samoan Quota

The ballot draws for the Pacific Access Category (PAC) and Samoan Quota (SQ) to select who will be invited to apply for residence in New Zealand will happen on 6 October 2023.

The PAC and SQ residence pathways recognise the special relationship between New Zealand and Samoa and the Pacific Access Category countries of Tonga, Tuvalu, Kiribati and Fiji.

Sufficient registrations will be drawn to allow up to 1650 Samoan citizens, 500 Tongan, 500 Fijian citizens, 150 Kiribati and 150 Tuvaluan citizens to be granted residence.

These places are how many people will be granted residence under each category. Registrations for the ballots can contain more than one person, for example if a family have applied under the same registration.

Immigration New Zealand will publish successful registrant reference numbers online by the end of October 2023.

Successful applicants will be sent an invitation to apply letter after the reference numbers are published. This letter will include information about how to apply for the residence visa.

You must apply for New Zealand residency within 8 months of receiving an invitation to apply.

New income threshold

The minimum income requirement for those applying for residence under PAC and SQ with dependent children will increase to $51,734.80 from 20 October 2023.

This will apply to those who are invited to apply for residence following the ballot draw. The purpose of this requirement is to ensure that parents can adequately support children in New Zealand. The income of a secondary applicant partner may also be taken into account as long as both applicants have an acceptable offer of employment in New Zealand.

9/29/23

Changes to interim visas and variation of conditions ahead of Skilled Migrant Category opening

Ahead of the new Skilled Migrant Category Resident Visa opening on 9 October 2023, the Government has recently agreed to changes to interim visas and interim variations of conditions for Skilled Migrant Category Resident Visa applicants, their dependents, and partners.

Changes to interim visas come into effect on 9 October 2023 when the new Skilled Migrant Category Resident Visa opens, and variation of conditions changes will be effective from 5 November 2023.

Interim visa changes

Changes have been made to interim visas to allow for Skilled Migrant Category Resident Visa applicants to be on an interim visa while they await the outcome of their application.

Applicants will be granted an interim visa which will be valid for up to 24 months and include multiple entry travel conditions, allowing them to leave New Zealand and return on the same interim visa while it is valid. Applicants must be in New Zealand on the date their visa expires to be eligible to be granted an interim visa.

These interim visa changes will also apply to partners and dependents of Skilled Migrant Category Resident Visa applicants.

Interim variation of conditions changes

The changes to variations of conditions (VOCs) to interim visas will mean interim visa holders who are awaiting the outcome of their Skilled Migrant Category Resident Visa application will be able to vary some of the conditions of their interim visa if their circumstances change.

As interim visas for Skilled Migrant Category Resident Visa applicants are valid for 24 months, it is highly likely some applicants’ circumstances will change in that timeframe. These changes are being made to allow applicants to vary the conditions of their visa while they await the outcome of their applications.

Eligibility for Skilled Migrant Category Interim Visa VOCs will be based on the conditions of the interim visa held and the situation of the applicants.

This means that not all people with the same interim visa conditions will have the same VOC pathway.

The cost to vary the conditions of a visa is NZD$210.

Work to residence visas open for applications

On 29 September 2023, the Green List and sector agreements work to residence visas will open for residence visa applications.

This means migrants who want to apply for residence under the Work to Residence Visa, Care Workforce Work to Residence Visa, or Transport Work to Residence Visa can apply if they:

  • have two years of eligible work experience in a Green List or sector agreement role in New Zealand, and met the relevant skill and wage thresholds, and
  • meet the other standard visa application requirements such as health, character, English language, and age.

The 24 months of work experience in a relevant role must be gained:

  • while holding any type of work visa, or a Critical Purpose Visitor Visa with work rights, and
  • from 29 September 2021, and within 30 months of the date their residence visa application is made.

 

Wage requirements for the Green List Work to Residence Visa

People applying for the Work to Residence Visa will need to meet a Green List role requirement of median wage, or role-specific wage threshold in place:

  • at the start of their 24 months of work experience, and
  • at the time they apply for residence.

If the median wage increases during their 24 months of work experience, they need to meet the new threshold when either they apply for the visa or if they change jobs.

There is an exemption If someone applied for their work visa or Critical Purpose Visitor Visa (with work rights) before 29 September 2023. In this case, they only need to be paid the median wage at the time they apply for their residence visa. The exemption does not apply to people on the Accredited Employer Work Visa.

Changes to skilled residence application processing priorities

A new priority of processing skilled residence applications has been agreed. From 29 September 2023, priority will be given to some of these skilled residence applications: 

  • Straight to Residence Visa
  • Skilled Migrant Category Resident Visa
  • Work to Residence Visa.

 

How skilled residence applications will be prioritised

For a skilled residence application to be prioritised, the applicant will need to be either:

  • in a Tier 1 Green List role, or
  • paid three times the median wage, or
  • applying for the Skilled Migrant Category Resident Visa and have 6 points without work experience.

Prioritisation means that immigration officers will assess these applications before other skilled residence applications. Once the applications have been allocated, assessment and verification is the same as all other skilled residence applications.

There is no cap on the number of skilled residence visas that can be granted, and all visas will be granted to applicants who meet the relevant immigration requirements.

Changes to immigration settings

The government has announced changes to New Zealand’s immigration pathways.

The changes include:

  • adding 17 roles to the Green List
  • increasing the Recognised Seasonal Employer cap to 19,500 for 2023/24 season
  • closing the Recovery Visa to new applicants from 23 September 2023
  • existing holders of a Recovery Visa in New Zealand can apply for a 3-month extension
  • adding a small number of roles to the Construction and Infrastructure Sector Agreement
  • requiring a judicial warrant for out-of-hours compliance visits.

 

Roles added to the Green List

Seventeen roles will be added to the Green List, following a scheduled and targeted review conducted by the Ministry of Business, Innovation and Employment (MBIE).

Roles being added to the Green List are:

  • Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
  • Naval Architects (aka Marine Designer)
  • Mechanical Engineering Technician
  • ICT Database and System Administrator
  • Aircraft Maintenance Engineer
  • Road Roller Operator
  • Paving Plant Operator
  • Corrections Officer
  • Metal Fabricator
  • Pressure Welder
  • Welder
  • Fitter (General)
  • Fitter and Turner
  • Fitter-Welder
  • Metal Machinist (First Class)
  • Panel Beater
  • Vehicle Painter.

The roles will be added to the Green List from March 2024. More information, including the specific requirements for each role and the specific residence pathway that will be available, will be available nearer the time.  

Applications for work to residence pathway open

From 29 September 2023, the Green List and Sector Agreement Work to Residence pathways will open to applications for existing occupations on those lists.

Migrants with two years of eligible work experience in a Green List Work to Residence or eligible Sector Agreement role will be able to apply for residence if they meet other requirements relating to age, health, character and English language ability.

Increasing the cap for Recognised Seasonal Employer Scheme

The cap on the number of workers who may be employed under the Recognised Seasonal Employer (RSE) scheme is increasing to 19,500 for the 2023/2024 season — 500 more than the previous year.  

The new RSE cap will allow access to workers from participating Pacific countries, providing workforce to the horticulture and wine sectors where local workers are not available. 

This year’s increase reflects the request from industry for access to more workers, while balancing the effects on the New Zealand labour market, including expected labour market conditions in the coming year and the availability of suitable accommodation.  

Cyclone Gabrielle Response Recovery Visa

The Government has announced that the Recovery Visa is closed to new applications from 23 September 2023.   

From that date, existing visa holders already in New Zealand will be able to apply for a 3-month extension to the Recovery Visa, to allow them time to transition to longer term work visas if necessary.

Immigration New Zealand will contact existing visa holders as their visas approach expiration, to inform them of their options. Eligible visa holders will be able to apply for the extension using the existing online form for the Specific Purpose Work Visa. 

New roles added to Construction and Infrastructure Sector Agreement

Additional roles will also be added to the Construction and Infrastructure Sector Agreement. These will be added early next year, and more information will be available closer to the time.  

The roles being added to the Construction and Infrastructure Sector Agreement are:  

  • Driller’s Assistant
  • Earthmoving Labourer
  • Earthmoving Plant Operator (General)
  • Linemarker
  • Machine Operators N.E.C.
  • Mechanic’s Assistant
  • Road Traffic Controller

 

Legislative changes to our out-of-hours compliance visits

Cabinet has agreed to amend the Immigration Act 2009 to require a judicial warrant to be sought for out-of-hours compliance activity, following the recommendation in Mike Heron KC’s independent review of out of hours compliance visits that the Government consider legislative change to specify criteria for these visits.

This change will ensure that powers are not used disproportionately and that there is a legal, third-party check and balance.

MBIE has already accepted the four operational recommendations made in the report and is in the process of implementing them.

Officials will continue work on this legislative change and report back with a specific proposal by the end of November 2023. It will be progressed as a standalone bill that will be passed as soon as possible in the next term.

9/22/23

Government to review exempt qualifications list

The government has agreed to update the List of Qualifications Exempt from Assessment (LQEA) ahead of the opening of the Skilled Migrant Category Resident visa on 9 October 2023.

The LQEA is a publicly available list which sets out the comparable New Zealand Qualifications and Credentials Framework (NZQCF) level for specified overseas qualifications. Note that within immigration instructions the NZQCF is referred to as the New Zealand Qualifications Framework or NZQF.

The review will include:

  • A review of the existing list;
  • Removal of qualifications which do not meet the new Skilled Migrant Category Resident Visa criteria;
  • Compiling quality assured, approved, accredited and relevant qualifications that meet the requirements; and
  • The addition of ‘qualification type’ to all qualifications on the list.

 

The updated LQEA will be in effect from 29 September 2023, to coincide with the Green List and Sector Work to Residence categories opening to application. It will be in place for the opening of the revised Skilled Migrant Category Resident Visa on 9 October 2023. It will include the following seven countries:

  • Hong Kong
  • Malaysia
  • Philippines
  • South Africa
  • United Kingdom
  • United States of America

 

Some of these country lists will be further updated in further phases, and qualification types will be added. For example, further work is being undertaken to confirm which Doctoral-level qualifications will be recognised from the USA and which non-bachelor’s degrees will be recognised from the Philippines.

More qualifications from additional countries will be added to the LQEA in further phases.

The updated LQEA will be used for the Green List Straight to Residence, Green List and Sector Work to Residence categories, and the Accredited Employer Work Visa (AEWV). It will also be used for the new Skilled Migrant Category Resident Visa when it opens on 9 October 2023.

Applicants whose overseas qualification is not listed in the updated LQEA must get an International Qualifications Assessment (IQA) before submitting a visa application and submit the IQA with the visa application.

 

Changes to work rights for Student Visa holders

Effective 9 October 2023, changes will be made to in-study work rights for students visa holders, to maintain in-study work right eligibility once the higher Skilled Migrant Category Resident Visa qualification threshold comes into effect.

The changes include:

  • References to Skilled Migrant Category Resident Visa in the in-study work instructions will be removed. Instead, the programme level and type of eligible qualification will be stated.
  • References to the requirement for a course to be relevant to the ANZSCO occupation at skill levels 3-5 will also be removed from instructions.

As a result of these changes, all students studying a full-time programme resulting in a New Zealand qualification at Level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF) will be eligible for in-study work rights. Training schemes and micro-credentials are not qualifications and remain ineligible for in-study work rights.

Students generally need to be studying full time to be eligible for a student visa and in-study work rights.

However there is an exception for students who are:

  • completing a course of study which would qualify for points under the Skilled Migrant Category Resident Visa, or
  • in their final semester of a programme that lasts at least two academic years.

This allows students who may have a part time study load in their last semester to remain on a student visa. These instructions will also be updated to reference level 4 qualifications and higher.

9/15/23

A new median wage of NZD 31.61 per hour will be adopted into the immigration system from February 2024.

Many work and residence visa categories have wage thresholds or criteria that are based on the median wage, and most of these will be updated. This includes the Accredited Employer Visa (AEWV), the Skilled Migrant Category, and some occupations covered by Sector Agreements and the Green List.

Parent category wage thresholds are updated separately and the tourism and hospitality wage threshold will also be updated separately in April 2024.

In 2022, a standard process was set up to update the median wage in the immigration system in February the following year. This gives businesses around six months to prepare for the change from the time it gets updated by Statistics NZ.

Close Open Nigeria

3/15/24

Expatriate Employment Levy suspended

The Federal Government has suspended the Expatriate Employment Levy (EEL) pending further consultation with stakeholders. The policy was originally announced 27 February 2024; it was to be effective from 15 March 2024 and employers had until 15 April 2024 to comply.

According to the previous announcement, the EEL was to be paid annually for foreign national workers employed for at least 183 days within a year, in any size of business in any sector or industry. The EEL was set at USD 15,000 for a director-level position and USD 10,000 for other levels. Employees could be sanctioned with fines of up to NGN 3,000,000 for failure to submit the EEL on time and other offences.

The policy has been widely criticised by employers’ groups

3/1/24

New Expatriate Employment Levy 

On 27 February 2024, the government launched the Expatriate Employment Levy (EEL), a new obligatory contribution imposed on employers of foreign national workers in Nigeria. An EEL handbook was published by the Ministry of Interior.

According to the Interior Ministry, companies can complete registration for their foreign national employees immediately; however, the effective date of implementation of the EEL is 15 March 2024 and the payment portal may not be functional before that date. All employees must be compliant with the EEL by 15 April 2024.   The EEL card must be presented on entry and exit.

The EEL must be paid annually for foreign national workers employed for at least 183 days within a year, in any size of business in any sector or industry. Those on cross-border assignments or secondments are also liable to pay the EEL if they occupy a quota position.

The EEL is set at USD 15,000 for a director-level position and USD 10,000 for other levels. Employees will be sanctioned with fines of up to NGN 3,000,000 for failure to submit the EEL on time and other offences.

11/17/23

Expat quota returns via e-Citibiz

The Nigerian Federal Ministry of Interior (FMI) has announced that, effective 8 November 2023, all companies holding expatriate quota positions must submit their monthly returns through the FMI’s e-CITIBIZ website within the first ten days of each month.

A penalty fee will be implemented effective from December 2023 for companies who fail to comply. Any company that fails to submit their quota returns within this number of days from the following month will pay:

  • After the first 10 Days - N100,000;
  • After 20 Days - N150,000;
  • After 25 Days - N200,000.

The monthly quota return is a mandatory report detailing the status of expatriate quota (EQ) positions granted by the FMI to Nigerian companies. The quota return provides comprehensive information, including details on the utilization of expatriate positions, workforce composition, understudies and other relevant data.

Close Open Norway

1/17/25

Changed income requirement in family immigration cases

Effective 1 February 2025, the income requirement for the reference person in family immigration cases increases from 2.7 basic amounts (G) to 3.2 G. 

The change will apply to those who register an application for family immigration and pay the fee as of 1 February 2025.

The amounts are adjusted annually with a changed basic amount (G). The income requirement for future income is adjusted in May, and the income requirement for last year is adjusted in January.

For those who register their application for family immigration and pay the fee on or after 1 February 2025, the income requirement is:

  • Future income: 396,890 NOK
  • Income last year: 2.7 average G if the application is processed before 1 February 2026, and 3.2 average G if the application is processed on or after 1 February 2026.

Those who registered their family immigration application and paid the fee before 1 February 2025, the income requirement is unchanged:

  • Future income: 334,876 NOK
  • Income last year: 330,008 NOK.

The income requirement for those who have an income requirement upon renewal is still 334,876 NOK for future income and 330,008 NOK for income last year, if they applied for the first family immigration application before 1 February 2025.

If the reference person receives a retirement pension or disability benefits, there are no changes.

4/4/24

Changes in the financial support and Norwegian language requirements for permanent residence applications

Financial support

From 18 April 2024, the requirement that the applicant has not received financial assistance under the Social Services Act is lifted. Applicants are still required to have your own income.

Norwegian language

The following applies to applicants who have a residence permit as a skilled worker or self-employed person, or have come to Norway on family immigration with someone who is a skilled worker or self-employed person:

  • Those who received their first residence permit in the period between 1 January 2021 and 31 December 2021 are required to have completed 250 hours of tuition or achieved a minimum level in the Norwegian language and 50 hours of tuition in social studies.
  • Those who received their first residence permit after 1 January 2022 are required to have completed 225 hours of tuition or achieved a minimum level in the Norwegian language and 75 hours of tuition in social studies.

The following applies to applicants who received another type of residence permit:

  • Those who received their first residence permit in the period between 1 January 2021 and 31 December 2021 are required to have achieved a minimum level of the Norwegian language and completed 50 hours of tuition in social studies.
  • Those who received their first residence permit after 1 January 2022 are required to have achieved a minimum level of the Norwegian language and completed 75 hours of tuition in social studies.

There is no change in the requirement for tests in the Norwegian language and social studies.

Those who have passed all four parts of the Norwegian test at level A2 or higher, or who have been exempted by the municipality because they have sufficiently good knowledge of the Norwegian language or the Sami language, do not need to have completed training in the Norwegian language to receive a permanent residence permit.

 

12/16/24

Closure of au pair scheme

The Norwegian Directorate of Immigration (UDI) has announced that the government has decided to close the au pair scheme, effective 15 March 2024.

Applicants who have, by 15 March 2024, registered their application via udi.no and booked an appointment to hand in their application, may still be eligible for an initial au pair permit.

Current au pair permit holders may still apply to renew their permit to change host families until the two-year au pair permit period has expired.

Close Open Oman

2/9/24

New Wages Protection System deadline

On 14 January 2024, the Ministry of Labour of Oman announced that small and micro companies must register in the Wages Protection System (WPS) within 55 days. The registration period for large and medium companies has already passed.

The Wages Protection System (WPS) is an electronic salary transfer system that allows companies in Oman to pay workers’ wages through banks or financial institutions approved and authorized to provide the service.

In July 2023, the government issued a decree requiring private sector employers to transfer workers’ wages to locally licensed banks within seven days of the due date and giving large and medium size companies six months to implement the new rules.

The employer must update employment contracts with the Ministry when there is any change in the wages of the workers, and these contracts must specify the actual wage that the worker receives.

The decree allows certain exemptions from the requirements for labour disputes, unjustified resignations, new employees and employees on unpaid leave.

Violations of the WPS requirements can lead to administrative penalties including a warning, suspension from work permit services and a fine of OMR 50, which can be doubled.

Close Open Panama

11/22/24

Extended deadline for immigration regularization

The National Immigration Service has further extended the deadline for submitting extensions for expired residence permits.

Resolution No. 46625 of 10 October 2024, published in the Official Gazette on 24 October 2024, extends until 31 December 2024 the deadline to submit residence permits that expired on or after 13 March 2020.

The deadline applies to the submission of extension requests for expired Temporary Residence Permits, Provisional Residence Permits, Permanent Residence Permits and Domestic Workers’ Visas.

After 31 December 2024, Resolution No. 15,703 of 24 August 2012 will remain in effect, granting a six-month period to submit extensions for residence permits and visas.

3/22/24

Extended deadline for immigration regularization

The National Immigration Service has further extended the deadline for submitting extensions for expired residence permits.

Resolution No. 9049 of 1 March 2024, published in the Official Gazette on 6 March 2024, extends until 30 June 2024 the deadline to submit residence permits that expired on or after 13 March 2020. The original deadline of 31 December 2023 had previously been extended to 29 February 2024.

The deadline applies to the submission of extension requests for Temporary Residence Permits, Provisional Residence Permits, Permanent Residence Permits and Domestic Workers’ Visas.

9/15/23

Tougher immigration rules introduced

The immigration authorities have announced measures, effective 8 September 2023, in response to an increase in irregular migration.

Among the new measures are the following:

  • The stay period for tourists may be decreased from 90 days to 15 days for some nationalities, based on security profiling carried out by the authorities on entry.
  • Arrivals must prove financial means of PAB 1000, up from PAB 500 previously.
  • Deportations and expulsions via charter flights will be increased.
  • The authorities will relocate established control and migrant assistance points in the communities of Bajo Chiquito and Canaán Membrillo, in order to mitigate the health and security impact on these communities of large influxes of irregular migrants.
Close Open Peru

11/17/23

Regularization deadline passes; new digital nomad visa introduced

The deadline to initiate the online immigration regularization procedure passed on 10 November 2023. During the previous six months, foreign nationals in Peru with an irregular migration status could register and obtain a temporary residence permit (CPP). A face-to-face appointment for the registration of biometric data was also required.

After six months, CPP holders can apply for special resident immigration status, allowing them to receive an immigration card for a period of one year (this is renewable). Irregular migrants who did not register in time under this procedure are subject to administrative sanctions which may include a mandatory exit order or expulsion.

Recent amendments (Decreto Legislativo No.1582) to the Migration Law have created a faster deportation process for certain foreign nationals with an irregular immigration status and those who carry out activities that threaten public order, national security or the security of citizens.

The same amendments introduced a new resident visa for digital nomads working in Peru while employed and paid by an employer outside of the country.

The decree also ties the validity of identification cards (carné de extranjería) to the validity of the holder’s visa.

Further details and administrative regulations are expected.

10/27/23

On 22 October 2023, the Single Text of Administrative Procedures (TUPA) of Migraciones (the immigration authorities) was published. With this publication, the modification and incorporation of several articles in the Regulation of the Legislative Decree of Migraciones No.1350 entered into force. These measures were established in two Supreme Decrees published earlier this year – No. 003-2023-IN of 27 April 2023 and No. 004-2023 of 28 April 2023.

The changes to the immigration law include the following:

  • The procedure is established for applications for temporary residence for nationals of MERCOSUR countries and for nationals of the Andean Community countries (Bolivia, Colombia, Ecuador, Peru). Applications are submitted from outside Peru; the status is extended to the applicant’s family members (including if they are not nationals of member countries); the status is valid for a stay of up to two years and is not renewable.
  • The procedures for in-country change of status applications for temporary residence, permanent residence and extension of tourist stay for nationals of Andean Community countries are also established.
  • The application, change or extension of resident, temporary immigration statuses, temporary stay permit card or immigration regularization procedure for children and adolescents can now also be carried out by a representative who has been granted Power of Attorney for a maximum of 90 days.
  • Immigration statuses and temporary stay permit cards can also be cancelled by a firm court order.
  • Immigration permits are not immigration statuses but are complementary mechanisms and are registered in the Migratory Information Registry (RIM).
  • Authorizations to stay outside the country for 30 days that are granted when immigration procedures for change or extension of immigration statuses are processed can also be granted in procedures for obtaining stay permit cards or immigration regularization.
  • Authorizations to stay outside the country for more than 183 days (or for more than 365 days for holders of permanent immigration status) are granted only for reasons of emergency or force majeure.
  • New conditions are established for the granting of Special Resident Immigration Status for holders of a Temporary Stay Permit Card, and for the extension of this status.
  • A parent or guardian may act as the legal representative of a minor in immigration procedures even if they have an irregular immigration status.
  • A temporary stay permit is granted for up to two years to foreign nationals who are in Peru with an irregular immigration status. This permit is lost if the holder is absent from Peru for more than 183 consecutive days in a 365-day period.
  • A temporary stay permit card (CPP) is exceptionally extended if it expires up to 30 days after the publication of the modification of the conditions for the Special Resident Immigration Status.
Close Open Philippines

Feb 2025

Updated rules on work permit issuance

Effective 10 February 2025, the Department of Labour and Employment (DOLE) has published revised rules for the issuance of Alien Employment Permits (AEPs) to foreign national workers.

Among the new regulations issued under Department Order No. 248 are the following:

  • The employer must now post the vacant position, and the name of the foreign national it intends to hire, at PhilJobnet (the Philippine government’s official job matching portal) and with the Public Employment Service Office (PESO) or Job Placement Office (JPO), as well as in a newspaper of general circulation as previously.
  • The AEP application must be submitted at least 15 days and no more than 45 days after publication of the position.
  • The application must be submitted within 15 calendar days (previously 10 working days) from the execution of the contract or issuance of appointment.
  • A foreign national intended to be hired a corporate officer position is exempted from the requirement of publication.
  • All foreign nationals exempted from securing an AEP may request a Certificate of Exemption, and those exempted under Section 1, Rule V of the New Rules must request a Certificate of Exemption.
  • An AEP application may now be submitted and processed while the foreign national intended to be hired is still outside the country. However, the AEP cannot be released until the foreign national has entered the country with the appropriate pre-arranged employment visa, 9(G) visa or working visa.
  • DOLE will now apply an Economic Needs Test (ENT) to evaluate whether the employment of a foreign national is necessary to fill a gap, shortage or need in the local labour market, particularly in relation to the nature of functions, level of specialization and technological knowledge, and industry requirements of employers which are granted fiscal incentives, are engaged in priority or strategic areas of investments or operate public utilities under the Public Service Act.

Foreign nationals must now submit proof of qualifications, including educational credentials, relevant work experience, professional licenses, skills certifications, or evidence of specialized training to establish qualifications for the intended position.

1/3/25

Reminder to submit annual report

The Bureau of Immigration (BI) has issued a notice reminding all registered foreign national in the Philippines to report in person to the BI between 1 January and 1 March 2025. 

The following are the requirements for the 2025 Annual Report:

  • Completely  filled-out  online  registration  which  can  be  accessed  here;
  • Original valid ACR I-Card of card holder or original paper-based ACR with valid visa.
  • Original valid passport;
  • Official Receipt covering the latest payment of Annual Report Fee.

In addition, the 2025 Annual Report for the BI Main Office in Intramuros, Manila, will be held at Level 3, Lower Food court Area of Robinsons Manila and at the Government Service Express (GSE) of SM Mall of Asia, from Mondays to Fridays except holidays, from 9am to 6pm.

Additionally, the Virtual Annual Report will be available to all registered foreign nationals (except for paper-based ACR holders) present in the Philippines during the annual report period who are holders of valid visas through online registration here.

Clients must choose their preferred date and time of appointment within the Annual Report period for the online interview and pay the assessed fees within 24 hours from the issuance of the Order of Payment Slip thru Maya, Gcash, Credit (Visa/Mastercard) or Landbank.

 

Further, all departing foreign nationals are required to pay their annual report prior to the issuance of Emigration Clearance Certificate – B (ECC-B) in compliance to section 22(a) of CA 613, as amended and section 10 of RA 562, as amended.

The complete list of BI Offices participating in the 2025 Annual Report may be found here.  

Failure  to  report  will,  at  the  Immigration  Commissioner’s  discretion,  subject  the concerned foreign national to an administrative fine or to prosecution and upon conviction, a fine or imprisonment, or both.

2/9/24

Medical clearance requirement lifted

On 1 February 2024 the Bureau of Immigration announced that Bureau of Quarantine medical clearance is no longer required for nationals of 53 countries listed in annex A of BI Operations Order No. SBM-2014-059 for any of the visa applications listed in annex B of the same order.

The 2014 order was a response to an Ebola outbreak in West Africa.

12/26/23

Mandatory eTravel registration

The Bureau of Immigration has reminded travellers that eTravel registration is mandatory and must be carried out at least 72 hours before the intended travel.

The following are required to register, free of charge, in the eTravel System:

  • Arriving Filipino and foreign passengers;
  • Arriving Filipino and foreign crew members; and
  • Departing Filipino passengers.

Exceptions are made for foreign diplomats, and their dependents, foreign dignitaries, and members of their delegation, 9(e) visa holders, and holders of diplomatic and official/service passport.

Close Open Poland

April 2025

Stricter Requirements for Employers enacted as of May 1

What is changing:

  • Labor Market Tests no Longer Required – The requirement to complete a Labor Market Test is expected to be replaced by a list of protected professions / job positions that may be introduced by the District authorities (mid-level administration). Per this change, employment of foreign national will not be possible if the company plans to employ foreigners on the “protected” job positions. This change will have a positive effect since it eliminates a preliminary step in the application process despite the possibility to have lists of protected jobs dictated by the different District authorities.
  • Electronic Applications only – Since most companies and employers in Poland are already submitting applications on-line this will not represent a big change.
  • Work Permits for the benefit of a Third Party no longer possible - Authorities have an obligation to reject a request if it can be proven that the applicant’s role is for the benefit of a third party and not the employer. This upcoming rule will not apply when the work is executed within temporary work framework, unless the employer’s set up is only to facility the entry of foreigners to Poland.

As a result, applications will require additional documentation / information to support who is the recipient of the foreigner activities and services in Poland.

Current conditions on Employers’ financial status and social security registration circumstances will remain in place.

  • New Limitation on Part Time Jobs applications – The authorities will also have an obligation to reject work permit applications in case of part time employment for less than a 1/4 of a full working time. If the part time employment is set for less than a 1/2 of full working time, the work permit will be issued for the maximum period of 1 year.
  • Fast Track Options are expected to be introduced for:
    1. Employers performing activities of significant importance to Polish economy,
    2. Continuation of the same working conditions and salary,
    3. Application for a foreign national performing activity in an occupation with labor shortages in Poland, and for other circumstances.
  • Limitations on Schengen Visas for Work Permits holders and applications. Foreign Nationals will no longer be able to work or apply for a work permit while in Poland under a Schengen Visa issued by another Schengen Country.

As a result, any foreign national in Poland currently under the above situation should apply for a temporary residence before the estimated date of implementation (May 1st, 2025).

  • New fines for illegal employment of a foreign national ranging from 3.000 PLN to 50.000 PLN. In the case of a foreign national, the new fines range will be from 1000 PLN to 5.000 PLN.
  • Submission of Signed Employment Contract will be Required. Employer will have to submit a copy of the Signed Employment Contract to the authorities before work begins.

This is an important new requirement to keep in mind and plan accordingly since Employers could face a fine or Work Permits could be revoked if employment contracts are not submitted for holders of Work Permits.

  • New terms in the Notifications required are expected – Employers will be obliged to inform the authorities within 7 days if: (1) a foreign national has not started employment within 2 months from the initial validity date of a work permit, (2) a foreign national has stopped working for a period exceeding 2 months, (3) a foreign national has terminated employment earlier than 2 months before the expiry date of a work permit.

Employers will also need to notify the authorities within 7 days of a change in the name of role/job title even if the employees’ duties remain the same.

In the case of a Declaration of Entrusted Work - Employer will be obliged to inform the authorities about: (1) start of work of a foreign national within 7 days counted from the start of work indicated on the issued document, (2) failure of a foreign national to start employment within 14 days counted from the moment of start of work indicated on the document.

For Temporary Residence Permit for Work Employer will have to inform the Immigration Office within 15 business days in several cases i.e., (1) change in the name of the job position without a change in the scope of duties, (2) termination of work by the foreign national.

  • Remote Working is being recognized in the new law: Incidental or occasional work to the benefit of a foreign company without a work permit and as a business visitor will be allowed by the authorities in Poland.

THE ACT ON FOREIGNERS - modified by the Act on amending certain laws to eliminate irregularities in the visa system of the Republic of Poland is estimated to entry into force; however, no implementation date has been confirmed yet:

Schengen Visas: Further limitations of the right to apply for a temporary residence permit for work by foreign nationals residing in Poland based on Polish visas issued for the purpose of tourism, visiting family or friends, attending sport events, performing cultural activity or attending conferences, transit or transit flight, medical treatment or attending cultural or educational exchange, humanitarian aid program or holiday work program are expected.

EU Blue Cards: Also, new rules for Blue Cards (Applicable to new Blue Cards only) are also expected. Under these new rules, if implemented:

The 2-year limitation rule will no longer be in place for new EU Blue Cards in Poland. The EU Blue Card holder will be able to change their employer during the validity of the permit provided that their annual gross salary resulting from the monthly or annual salary specified in the contract is not lower than the equivalent of 150% of the average salary in the national economy in the year preceding the submission of the application. The EU Blue Card holder will need to notify the authorities regarding change of employer.

The minimum period of the contract required to obtain the EU Blue Card is also expected to be reduced to 6 months.

5/31/24

National visa fee to be increased

The Ministry of Foreign Affairs has announced that, effective 1 June 2024, the fee for a national visa application (D-type) as well as the fee for reconsideration of an application for a national visa will increase. The new national visa fee will be 135 EUR.

The visa fee increase is a consequence of the entry into force of the regulation of the Minister of Foreign Affairs of 21 May 2024 amending the regulation on consular fees.

The Schengen (C-type) visa application fee ,as well as the fee for reconsideration of an application for a Schengen visa, remain unchanged for now.

The Ministry states that the visa fee increase is intended contribute to expanding availability of slots for foreign nationals applying for the national Polish visa for the first time. The new national visa fee is also associated with a highly possible Schengen visa fee increase in 2024 (from EUR 80 to EUR 90).

The new national visa fee is expected to result in a decreased number of applicants whose actual purpose of stay in Poland differs from the declared one.

The distinction in the Schengen and national visa fees is justified by a wider range of privileges associated with the national visa (a longer period of stay and the simultaneous possibility of travelling within the Schengen area).

3/8/24

New average monthly wage affects EU Blue Card salary threshold

On 9 February 2024, Statistics Poland announced that the average wage in the national economy in 2023 rose to PLN 7155.48.

The minimum salary threshold for foreign nationals applying for an EU Blue Card in Poland is set at 150% of the average wage in the national economy. This has therefore also increased, by PLN 1214, to PLN 10,733.22 per month.

The new threshold applies to all applications received since 1 January 2024, including those submitted before 9 February 2024. Therefore, applications submitted between 1 January and 9 February 2024 should be updated with an appropriate salary increase, if necessary.

The threshold increase does not affect EU Blue Cards that have already been issued.

2/2/24

Business Harbour Programme suspended

The Ministry of Foreign Affairs (MFA) has suspended its participation in the Poland.Business Harbour Programme until solutions are in place that guarantee proper verification of its beneficiary companies and foreigners.

The programme was launched in 2020 to encourage IT professionals and companies from Belarus to work in Poland, and was later extended to include Armenia, Georgia, Moldova, Russia and Ukraine. As of September 2022, it included a Business Path designed for strategic sector companies from across the world.

According to the MFA, the programme has failed to achieve its goals, and there have been concerns about the misuse of visas issued under the programme.

Foreign national IT specialists can still apply for a work visa. The MFA says that it will start work on streamlined visa procedures for applicants from high-demand industries.

Close Open Portugal

Feb 2025

President signs new law for nationals of Portuguese-speaking countries

On 11 February 2025, the government announced that the President has signed the decree amending Law No.º 23/2007, of 4 July, approving the legal regime for the entry, stay, leaving and removal of foreigners from the national territory, implementing in the internal legal system Regulation (EU) 2017/2226 of the European Parliament and of the Council, of 30 November 2017, and modifying the time validity of residence permits to citizens of Member States of the Community of Portuguese-Speaking Countries (CPLP).

 

The law creates a new visa regime for citizens of the CPLP, under which:

  • residence permits will be issued in card format, and existing paper permits will be replaced with cards;
  • The validity of residence permits will be extended from one year to two years;
  • Residence permit applications can be submitted from within Portugal by applicants holding a short-stay visa (a work visa is no longer required).

The new rules will have to be implemented via new visa regulations.

Jan 2025

New procedure to expedite processing of pending expressions of interest

The Agency for Integration, Migration and Asylum (AIMA) is changing the procedure to schedule the service needed to obtain a residence permit, to speed up service scheduling and enact the new rules that were introduced in early 2024.

All foreign citizens who have submitted an expression of intention in the old SAPA Portal prior to 30 April 2023 will receive an e-mail from AIMA. Asking them to change their password in a new service platform. This is necessary because many users may no longer have the password used to create an account in the dedicated web portal.

Next, they will be asked to generate a Single Billing Document (DUC), in order to pay the fees, which will have to occur within the following 10 days. Having paid the fees, they

will receive a scheduling proposal within the next 20 business days, indicating day, time and place.

After scheduling, and before the scheduled date, they user will receive a link by email that will allow them to resubmit all the updated information and documentation, in order to speed up the process and simplify service.

This procedure implements the new rules that came into force in early 2024, where it is stipulated, among other things, that the payment of the fees shall occur upon submitting the request, and not after a final decision is granted. This is applied to both new and pending requests.

This procedure was designed to give answer as quickly as possible to the hundreds of thousand requests submitted that await decision.

With the new procedure, the applicant will receive a scheduling proposal after paying the fee.

The new procedure aims to be:

  • Simpler and more accessible, because it runs solely on the internet until the moment the scheduled service happens.
  • Safer, because it assures that all communications are made in a safe environment and because and, by anticipating the payment of fees, it does not require cash
  • closing operations in the front office (which also enables a faster and more efficient service).
  • More agile, because it allows for the submission to be analysed under the most recent information. Because some expressions of intention were presented a considerable time ago, it is possible that some of the submitted documents are out of date. Thus, the service provided will be made simpler and a final decision will be granted faster.
  • More effective, more efficient, because it makes it possible to eliminate some applications that no longer correspond to the interests of the person who submitted them – they may have moved to another country in the meantime. In this way, it will be possible to make vacancies available to more people and more quickly.

The fees are the same as those charged previously by SEF, with the annual update due to inflation.

For example, the fee for Expression of Intention is EUR 56.80 for nationals of Brazil and

Portuguese-speaking African countries (PALOP), or EUR 397.90 for all other cases (resulting

from the application of the 25 per cent discount on the EUR 530.50 fee). This fee is exactly

the same as the one that was charged over the counter and is the result of an update

in line with inflation, under the terms of article 3 of Ministerial Order 307/2023 of 13

October.

It should be noted that in the previous procedure, the user could receive an appointment in

a very short period of time (within one, two or three days, for example) and have to pay the

fees at that time. This situation could be more inconvenient than having to pay the fees

within the 10-day period now granted after receiving the e-mail.

6/17/24

New procedure for pending post-arrival residence applications

A new procedure for speeding up pending post-arrival “expression of interest” residence cases has been published on the AIMA website. Foreign nationals with a pending expression of interest case, initiated on the old SAPA Portal up to 30 April 2023, will receive an email from AIMA to deal with their application. According to the document, in order to continue processing it is necessary to:

  1. Change the password on a new platform;
  2. Request a Single Collection Document (DUC) on the new platform to pay the fees, which must be paid within the next 10 working days;
  3. After payment, the applicant will receive an appointment proposal within the next 20 working days, indicating the date, time and place;
  4. A few days before the appointment, the applicant will receive instructions to update all the information and documents they sent at the beginning of the old process.

From the beginning of 2024, fees must be paid when the application is submitted, rather than after the decision, for both new and pending cases.

Background

On 3 May 2024, the Council of Ministers approved an Action Plan for Migration which removes the “Expressions of Interest” procedure which allowed foreign nationals to apply for a residence permit while in Portugal as a visitor.

The plan also includes an expansion of capacity at Portuguese consular posts abroad to cope with the expected consequent increase in consular residence applications, as well as the creation of a mission structure, with additional resources, to address the existing backlog of pending residence cases.

Further details of the Action Plan can be found here in English and here in Portuguese.

6/7/24

Government ends post-arrival residence permit application

On 3 May 2024, the Council of Ministers approved an Action Plan for Migration which removes the “Expressions of Interest” procedure which allowed foreign nationals to apply for a residence permit while in Portugal as a visitor.

The plan also includes an expansion of capacity at Portuguese consular posts abroad to cope with the expected consequent increase in consular residence applications, as well as the creation of a mission structure, with additional resources, to address the existing backlog of pending residence cases.

Further details of the Action Plan can be found here in English and here in Portuguese.

Close Open Qatar

9/13/24

Traffic fines discount extended

The General Directorate of Traffic has announced the extension of the 50% discount on traffic violation fines for Qatari citizens, residents, visitors and GCC citizens from 1 September 2024 to 30 November 2024 for violations recorded within a period not exceeding three years.

Previously, the Ministry of Interior announced that, effective 1 September 2024 individuals with outstanding traffic violations are not permitted to travel outside Qatar through any borders until all fines and due amounts are paid.

These fines and outstanding payments through either the Mettrash2 application, Ministry of Interior website, traffic departments or unified service centres.

12/8/23

New rules for family members

Effective immediately, the Ministry of Interior has revised certain regulations and procedures to streamline and simplify the entry process for residents’ families intending to visit or reside in Qatar.

Sponsoring families is now subject to the provisions in the employee's electronic work contract concerning salary and accommodation. Government and semi-government sector employees must secure family housing through their employer or maintain a salary not less than QAR 10,000, verified by an employment contract. For private sector employees, the profession should belong to technical or specialized fields (non-labour), with a salary not less than QAR 10,000, or QAR 6000 along with family housing verified in the employment contract.

Moreover, for family sponsorship, children should not exceed 25 years of age, and daughters must be unmarried. It is also mandatory to provide health insurance covering the entire duration of their stay, effective from their date of entry into the country. Additionally, children within the mandatory education age bracket (6-18 years old) must be enrolled in licensed schools within the country or provide evidence of their education enrolment outside the country through the educational platform supervised by the Ministry of Education and Higher Education.

For family visits, the sponsoring resident's profession must belong to non-labour sectors, with a salary not less than QAR 5000. They should have family housing accredited by the relevant authorities. The visitor should be a relative within the permissible degrees of relation to the sponsoring resident, with no specific age restriction; however, it is mandatory to have health insurance covering the visitor's period of stay in Qatar.

Close Open Romania

4/16/24

Changes to work immigration rules

Effective 22 March 2024, Emergency Ordinance no. 25/2024 introduced changes to the immigration law to transpose the decision (EU) 2024/210 on the full application of the provisions of the Schengen acquis in Bulgaria and Romania, including the lifting of controls at the air and sea borders from 31 March 2024.

The main changes include the following:

  • Employers must now have conducted business for at least one year in the field of activity for which an employment permit is requested and this may be checked by the General Inspectorate for Immigration (IGI).
  • Employers must now conclude an individual employment agreement within 15 business days from the entry of the foreign national to Romania, or from obtaining a new employment permit (in the case of a long-stay visa for employment). From 21 April 2024, failure to comply with this requirement will be subject to a fine of between RON 5000 and RON 10,000, unless the failure to conclude the employment agreement in time is the fault of the foreign national;
  • Foreign nationals who have entered Romania for the purpose of employment will be granted the right of temporary stay for the purpose of employment on presentation of their full-time employment agreement concluded within 15 business days from their entry into Romania or, as the case may be, from obtaining the new employment permit;
  • The period within which the employer or, in the case of secondees, the beneficiary of the service must notify the General Inspectorate for Immigration (IGI) about any amendment or termination of an employment agreement or about the termination of the secondment of the foreign national, is reduced from 10 days to 5 business days;
  • Foreign nationals are required to declare to the Romanian Immigration Office which granted them the right of stay, any change in connection with their employment, within no more than three days instead of ten days;
  • IGI will also allocate a personal number code to foreign nationals for whom employment or secondment permits have been issued.
  • Foreign nationals holding a long-stay visa or residence permit issued by another Schengen state can enter Romania for a maximum period of 90 days in any 180-day period preceding each day of stay in Romania, cumulative with the days spent in the other Schengen states, other than the state that issued their long-stay visa or residence permit.
  • Foreign nationals who are visa exempt have the right to enter Romania and stay for 90 days in any period of 180 days preceding each day of stay in any Schengen state.
Close Open Russia

1/5/24

Updated forms and new notification procedure

Effective 1 January 2024, there are changes in the forms for applications and notifications concerning foreign employees submitted to the Ministry of Internal Affairs, as well as to the notification submission procedure.

Forms

The following new forms are available:

  • quarterly salary notification;
  • Notification of termination of an employment agreement with a foreign national;
  • Application for work permit issuance;
  • Application for work permit renewal;
  • Application for duplicate work permit issuance;
  • Application for work permit amendment;
  • Application by a foreign national for involvement as an HQS;
  • Notification of employment of a foreign national by an organization providing employment services for foreign nationals in Russia.

Notification procedure

A single electronic signature or an enhanced unqualified electronic signature should now be used for the notification of conclusion and termination of an employment agreement and for quarterly salary notifications.

Previously, it was necessary to use an enhanced qualified electronic signature.

 

Close Open Saudi Arabia

11/8/24

Updated temporary work visa rules

On 15 October 2024, the Council of Ministers approved updates to the regulation of temporary work visas and seasonal work visas.

The updates take into account the needs of establishments operating in the Umrah season. The seasonal work visa is renamed to the “temporary work visa for Hajj and Umrah services”.

Furthermore, the grace period is extended to last from the fifteenth of the month of Sha'ban until the end of the month of Muharram.

Employers will no longer need endorsements to obtain temporary work visas for their foreign national employees. Visa holders will now be permitted to stay for 90 days, which can be extended for an additional 90 days.

The update also introduces stricter penalties for abuse of the system, with maximum fines of SAR 50,000.

The new amendments come into force 180 days after approval.

6/17/24

Wage Protection Service now obligatory for domestic workers

The Ministry of Human Resources and Social Development (MHRSD) has announced the launch of a compulsory "Wage Protection Service" for domestic workers' salaries, effective 1 July 2024.

This service aims to ensure transparency in the salary payment process and facilitate it by using digital wallets and accredited banks through the Musaned platform. This service enhances security and reliability in salary transfers, thus safeguarding the rights of contractual parties.

Implementation of this service will begin on 1 July 2024 for new domestic workers under new contracts. For existing contracts, the application will be gradual based on the number of domestic workers each employer has. For employers of more than four domestic workers, the service will apply from 1 January 2025. For those with three or more domestic workers it will apply from 1 July 2025. For employers with two or more domestic workers, the service will apply form 1 October 2025. The service is expected to include all domestic workers by 1 January 2026.

The wages protection service for domestic workers has been optionally available through the Musaned platform since 1 April 2022, but will only now become compulsory.

5/24/24

Businesses must update branch location details

The Ministry of Human Resources and Social Development (MHRSD) has urged all private sector businesses to update the location data of their branches through the "establishment location management" service available through the Qiwa platform.

The "establishment location management" service allows establishments to digitally link their workers to the locations where they actually work.

The Ministry set a specific deadline for the completion of the update process. Businesses with 20 or fewer workers must complete the update by 30 May 2024, while the deadline for establishments with 21 to 49 workers expires on 30 June 2024, and for establishments with 50 or more workers on 30 July 2024.

2/2/24

Three-year entry ban lifted

Effective 16 January 2024, the Saudi General Directorate of Passports (Jawazat) has lifted the three-year entry ban on foreign workers who did not return to Saudi Arabia before their exit and re-entry vidsas expired.

Jawazat notified various Saudi departments and ports of entry of its decision to amend this policy.

10/27/23

Expansion of e-Visa

The Ministry of Tourism has announced that it will grant e-Visas to visitors from six newly eligible countries: Mauritius, Panama, Türkiye, Thailand, Saint Kitts and Nevis and Seychelles, for leisure, business and religious (Umrah only) travel. This brings the total number of nationalities eligible for visitor e-Visas to 63.

A visitor e-Visa is also available to holders of valid Schengen, UK and US visas that have been used to enter those countries before arriving in Saudi Arabia, and to permanent residents of EU and GCC countries, the UK and the US.

Saudi Arabia also grants the free 96-hour Stopover Visa, allowing passengers traveling via SAUDIA and Flynas airlines to stay in the country for up to 96 hours for tourism or Umrah before reaching their final destination.

The Ministry of Tourism launched the visitor e-Visa in 2019.

Visa rules reminder

The General Directorate of Passports is urging all holders of visit visas currently in the Saudi Arabia to follow the visa regulations and extend their visa validity electronically at least seven days before the expiration date, eliminating the need to visit a Passports office.

To extend a single visit visa, the Passports Directorate recommends using the services of the Ministry of Interior's electronic platform Absher (individuals, businesses) or the Muqeem electronic portal. The host can access their account on these platforms and pay the service fees to extend the visit. It is important to note that the visa holder must meet the medical insurance requirements, and the maximum extension period for a visit visa is 180 days.

In cases where the extension request cannot be completed electronically for any reason, the visitor can submit a request through the communication service on the Absher platform. The General Directorate of Passports will study and process the request, and the beneficiary will receive a notification via text message regarding the status of their request.

 

Close Open Singapore

March 2025

Measures to increase flexibility of work permit system

The Ministry of Manpower (MOM) has announced several measures aimed at supporting growth:

  • There will be no change to the Employment P{ass (EP) qualifying salary for now. A previously-announced increase took effect from 1 January 2025 for new applications and is effective from 1 January 2026 for renewal applications
  • the S Pass minimum qualifying salary  will be increased from SGD 3150 to SGD 3300. The qualifying salary will continue to increase progressively with age up to SGD 4800 for a candidate in their mid-40s. The Financial Services sector will continue to have a higher S Pass qualifying salary – this will increase from SGD 3650 to SGD 3800 (SGD 5650 for a candidate in their mid-40s).      
  • The S Pass levy rate will be standardised at SGD 650 for all S Pass holders from 1 September 2025.
  • MOM will lift the maximum Period of Employment (POE) and peg the maximum employment age for existing Work Permit holders to the local retirement age, i.e., 63 years old. MOM will also streamline the age limit for new Work Permit applications, pegging it to two years below the local retirement age, i.e. 61 years old. These changes will be implemented from 1 July 2025.
  • The Non-Traditional Sources (NTS) List will be expanded to include Bhutan, Cambodia and Laos from 1 June 2025. Currently, the NTS countries are Bangladesh, India, Myanmar, Philippines, Sri Lanka and Thailand.
  • MOM will include (i) cooks, (ii) heavy vehicle drivers and (iii) manufacturing operator roles from 1 September 2025 on the NTS Occupation List, which enables firms in the Services and Manufacturing sectors to retain and hire higher-skilled NTS non-PMET (Professional, Managers, Executives and Technicians) workers, such as those affected by the increase in the S Pass qualifying salary
  • Firms who wish to hire NTS Work Permit holders on the NTS Occupation List will continue to be subjected to the following controls:
    • 8% NTS sub-Dependency Ratio Ceiling (DRC) to guard against over-reliance on NTS workers and ensure employers diversify their workforce; and
    • Fixed Monthly Salary of at least SGD 2000 for the Work Permit holder employed under the NTS Occupation List.

12/4/24

Updated criteria for Employment permits

The Ministry of Manpower (MOM) has released updated versions of its lists of educational institutions awarded 20 points and professional qualifications awarded 10 points under criterion C2 of the COMPASS points-based system. The new lists are applicable to new and renewal Employment Permit (EP) applications from 1 January 2025. The upcoming new qualifying salary requirements have also been clarified.

To qualify for EP applications, candidates must earn at least the EP qualifying salary, and pass the points-based Complementarity Assessment Framework (COMPASS). COMPASS also applies to renewals for passes expiring since 1 September 2024.

  • From 1 January 2025, the EP qualifying salary for new applications will be revised to at least SGD 5600 (up from SGD 5000), and at least SGD 6200 (up from SGD 5500) for the financial services sector. This revised EP qualifying salary will also apply to the renewal of EPs that are expiring from 1 January 2026.
  • Criterion 2 of COMPASS awards points to candidates based on their qualifications, including up to 20 points for degree-equivalent qualifications from specified institutions, and 10 points for professional qualifications that are well-recognised by the industry and endorsed by a relevant sector agency.
  • MOM has now published the updated 20-points institutions list and 10-points professional qualifications list, which will apply to new and renewal EP applications from 1 January 2025.

Other points may be awarded for nationality diversity (C3), support for local employment (C4), shortage occupations (C5) and contribution to strategic economic priorities (C6).

Candidates are exempted from COMPASS if they fulfil any of these conditions:

  • Earning at least SGD 22,500 fixed monthly salary;
  • Applying as an overseas intra-corporate transferee under the World Trade Organisation’s General Agreement on Trade in Services or an applicable Free Trade Agreement that Singapore is party to;
  • Filling a role on a short-term basis (i.e., one month or less).

11/19/24

Shortage Occupation List updated

The Ministry of Manpower (MOM) has released an updated version of its Shortage Occupation List (SOL), applicable to new and renewal Employment Permit (EP) applications from 1 January 2025.

The SOL lists all jobs eligible for the COMPASS C5. Skills bonus.

The updated SOL includes several new occupations, including semiconductor engineers, instrumentation engineers and production engineers.

The current version of the SOL Employer Guide applies to new and renewal applications submitted up to 31 December 2024 (inclusive).

The jobs under the infocomm technology sector also qualify for the 5-year duration EP.

To obtain the C5. Skills bonus or a 5-year duration EP:

  • The candidate needs to perform the job duties listed for the specific shortage occupation;
  • The candidate needs to meet the additional requirements as stated in the SOL Employer Guide;
  • The employer needs to select the shortage occupation in the EP (EP) application

Updated salary benchmarks

In addition, new benchmarks under the C1. Salary criteria of COMPASS will apply to new EP applications from 1 January 2025 and renewals of EPs expiring from 1 July 2025. The current C1. Salary benchmarks will continue to apply to new EP applications submitted up to 31 December 2024 (inclusive) and to renewals of Eps expiring until 30 June 2025.

Background

Since 1 September 2023, new EP candidates must pass a two-stage eligibility framework. In addition to meeting the qualifying salary (Stage 1), EP candidates must pass a points-based Complementarity Assessment (COMPASS) Framework (Stage 2). COMPASS also applies to renewals for passes expiring from 1 September 2024.

COMPASS evaluates EP applications based on a set of individual and firm-related attributes, with four foundational criteria (individual salary and qualifications, company diversity and support for local employment) and two bonus criteria (for jobs on the shortage occupation list, and for strategic partnership with government).

Candidates are exempted from COMPASS if they fulfil any of these conditions:

  • Earning at least SGD 22,500 fixed monthly salary;
  • Applying as an overseas intra-corporate transferee under the World Trade Organisation’s General Agreement on Trade in Services or an applicable Free Trade Agreement that Singapore is party to;
  • Filling a role on a short-term basis (i.e., one month or less).

8/2/24

Passport-Less Immigration Clearance to be Rolled Out Progressively at Changi Airport from August 2024

The Immigration & Checkpoints Authority’s (ICA) has announced that travellers will enjoy passport-less immigration clearance at Changi Airport starting from August 2024. This is part of the ICA’s plan to strengthen border security, and at the same time enhance the traveller experience, by digitalising border clearance. Under the New Clearance Concept (NCC):

  • all travellers aged six years and above will enjoy automated clearance;
  • all Singapore residents (including citizens, permanent residents and long-term pass holders) and eligible foreign travellers will enjoy immigration clearance without having to present their passport.

Passport-less Immigration Clearance

There are two types of passport-less immigration clearance, to provide travellers with hassle-free and faster clearance.

  • Token-less clearance at air and sea checkpoints: Singapore residents at both arrival and departure, and all foreign travellers at departure, clear immigration using simply facial and iris biometrics, without the need to present their passport.
  • QR code clearance at land checkpoints: Travellers use a QR code, instead of presenting their passport, during immigration clearance

First-time foreign visitors and those re-entering Singapore using a different passport from the previous trip will need to present their passport for immigration clearance. They will be able to clear immigration using QR code on their subsequent trips

 

Token-less clearance is possible at the air and sea checkpoints as ICA would know beforehand, the travellers who are coming through the checkpoints, from the advance manifests submitted by airline and ship operators.

At the land checkpoints, such traveller information is not available beforehand. As such, ICA has introduced the QR code as a token of identification in lieu of the passport, for faster and more convenient border clearance for both individuals and groups of travellers. Group QR codes can be stored and reused for future trips if the travel group remains the same.

QR Code Clearance to be Extended to Motorcyclists at Land Checkpoints by August 2024

ICA has been progressively implementing the QR code clearance initiative for travellers at the land checkpoints, starting with car travellers on 19 March 2024. On 15 April 2024, ICA extended the initiative to bus drivers. As of 31 July 2024, over 70% of car travellers and bus drivers use the QR code for immigration clearance. ICA will be extending the initiative to motorcyclists and pillion riders, and cargo vehicle drivers and accompanying assistants, by August 2024, and to bus passengers by December 2024. The initiative will save travellers at the land checkpoints about 30% in time taken to clear immigration.

Token-less Clearance at Air and Sea Checkpoints to Start from 5 August 2024

ICA will be conducting live trials of token-less clearance for Singapore residents on arrival at selected automated lanes in Changi Airport Terminal 3 from 5 August 2024. Token-less clearance will be progressively implemented at all terminals in Changi Airport by September 2024 and Marina Bay Cruise Centre by December 2024. Token-less clearance reduces the time taken for travellers to clear immigration by 40%.

Travellers Must Still Bring Along Their Passport

Beyond passport-less immigration clearance at Singapore’s checkpoints, travellers will still need their passport for immigration clearance overseas. ICA may also occasionally require travellers to produce their passport for verification.

 

3/8/24

Foreign workforce policy updates

On 4 March 2024, the Ministry of Manpower (MOM) set out upcoming foreign workforce policy updates.

Employment Permit qualifying salary

A revised qualifying salary will apply to new Employment Permit (EP) applications from 1 January 2025 and to renewal applications from 1 January 2026.

The benchmark for the EP qualifying salary is based on the top one-third of local Professionals, Managers, Executives and Technicians (PMET) wages, to ensure that EP holders are of high quality. The EP qualifying salary is reviewed annually against the benchmark. In line with how the benchmarks have moved, MOM will be increasing the EP minimum qualifying salary from SGD 5000 to SGD 5600 per month. The qualifying salary will continue to increase progressively with age, up to SGD 10,700 for a candidate in their mid-40s. This maintains a level playing field for locals across all age groups.

For the Financial Services sector which has higher wage norms, a higher EP qualifying salary will continue to apply. The EP minimum qualifying salary for the Financial Services sector will be raised from SGD 5500 to SGD 6200 per month. This will also continue to increase progressively with age, up to SGD 11,800 for a candidate in their mid-40s.

Marine Shipyard sector

From 1 January 2026, the following policy changes will be made for the Marine Shipyard sector:

  1. Reduce the Dependency Ratio Ceiling (DRC) from 77.8% to 75% (or from a ratio of 1 local employee to 3.5 Work Permit Holders (WPHs), to 1 local employee to 3 WPHs);
  2. Increase the levy from SGD 400 to SGD 500 for ‘Basic Skilled’ R2 WPHs, and from SGD 300 to SGD 350 for ‘Higher Skilled’ R1 WPHs.

To minimise business disruptions, firms exceeding the new DRC on 1 January 2026 will be allowed to retain their existing WPHs and S Pass holders until the work passes expire. However, these firms will not be able to renew, or apply for new WPHs and S Pass holders, until they bring their firm’s workforce within the new DRC of 75% (1:3). Firms are encouraged to plan ahead for the changes. The new levy rates will apply to all WPHs, including existing WPHs, from 1 January 2026.

Local Qualifying Salary

As previously reported, effective 1 July 2024, the government will raise the Local Qualifying Salary (LQS) from SGD 1400 to SGD 1600 per month. Firms hiring foreign workers will have to pay all their local workers at least the LQS (or Progressive Wage Model wages where applicable):

  • At least SGD 1600 per month for full-time local workers; or
  • At least SGD 10.50 per hour for part-time local workers.

Firms hiring foreign workers are required to pay all their local workers at least the LQS. The number of local workers paid the LQS is used to determine the firm’s foreign worker quota entitlement. Foreign worker quota computation will correspondingly be adjusted with the new LQS:

  • 1 local workforce count: Per local worker who is paid at least SGD 1600 per month; or
  • 0.5 local workforce count: Per local worker who is paid at least SGD 800 but less than SGD 1600 per month.

2/23/24

Local Qualifying Salary will increase

The Ministry of Manpower (MOM) of Singapore has announced that, effective 1 July 2024, the Local Qualifying Salary (LQS) will increase from SGD 1400 per month to SGD 1600 per month.

The LQS determines the number of local employees who can be used to calculate a firm’s Work Permit and S Pass quota entitlement. It ensures that local workers are employed meaningfully, rather than on token salaries for firms to access to foreign workers, and was previously known as the Full-Time Equivalent salary.

A Singaporean or Permanent Resident employee employed under a contract of service, including the company’s director, is counted as:

  • 1 local worker if they earn the LQS;
  • 0.5 local worker if they earn at least half the LQS but less than the LQS.

Since 1 September 2022, firms employing foreign employees (e.g., Work Permit, S Pass or Employment Pass holders) are required to pay:

  • Progressive Wages (PWs) to local employees covered by the relevant Sectoral or Occupational PWs; 
    AND
  • At least the LQS to all other local employees not covered under the PWs.

9/15/23

Employers required to provide proof of accommodation before their work permit holders enter Singapore

From 19 September 2023, the Ministry of Manpower (MOM) will require employers in the Construction, Marine Shipyard and Process (CMP) sectors to provide proof of acceptable accommodation before they are permitted to bring their new non-Malaysian Work Permit Holders (WPHs) into Singapore. This is in addition to the work permit approval process.

Employers must complete and submit an online Pre-entry Housing Check form with proof of accommodation. The documentary proof required should be in the form of tenancy or rental agreements, or contracts with accommodation providers. Once the necessary checks are done, MOM will provide employers with the approval to proceed, via email. Onboard Centre bookings will also be checked to ensure that the workers registered have had their accommodation details verified. The requirement will apply to new WPHs in the CMP sectors (i.e., In-Principle Approval holders) arriving in Singapore from 19 September 2023.

Employers should factor the time needed for the checks into their recruitment plans. Those who are housing their workers in Purpose-Built Dormitories, Construction Temporary Quarters (CTQs), Temporary Occupation Licence Quarters (TOLQs), or their own dormitories, will obtain approvals within a week. Those who are housing their workers in private residential properties, hotels or hostels should expect the approval process to take around six weeks or longer due to additional checks.

Employers who bring their workers into Singapore without the required proof of accommodation may face suspension of their work pass privileges.

 

Close Open Slovakia

9/15/23

Foreign Police offices closed for September

From 11 to 30 September 2023, offices of the Border and Foreign Police will be closed and most immigration processing will be suspended.

The only applications which will be processed during this period are those for national visas in the national interest and for first-year students with appointments that have already been booked through the reservation system, and applications for temporary asylum.

Other foreign nationals with already-booked appointments can send a request to the relevant police authority for an exception to the suspension of processing. Otherwise, applicants will have to reschedule their appointments through the online reservation system.

Stay periods which are due to expire during this period will be automatically extended until two months after this period.

 

 

Close Open Slovenia

11/8/24

Slovenian language requirement changes take effect

According to the Act amending the Foreigners Act, an adult family member (aged between 18 and 60), is required to have at least a survival level of Slovenian language proficiency in order to extend his or her temporary residence permit for the purpose of family reunification. This new requirement took effect on 1 November 2024.

The survival level refers to the ability to communicate in basic Slovenian in everyday life and familiar situations by using basic vocabulary and simple phrases.

The Act entered into force on 16 November 2023, but the Slovenian language requirement has been introduced gradually according to the following timeline:

  • Until 30 April 2024, the Slovenian language requirement did not need to be fulfilled.
  • 1 May 2024 – 31 October 2024. To renew their temporary residence permits for the purpose of family reunification, applicants had to present a certificate of enrolment in a Slovenian language education programme for adults or a certificate of a successfully completed Slovenian language examination at entry level or higher.
  • From 1 November 2024, the survival level of Slovenian is required. Applicants have to present a certificate of a successfully completed Slovenian language examination at survival level.

Adult family members of non-EU nationals who were issued a temporary residence permit for the purpose of family reunification are eligible to attend a free 180-hour Slovenian language course at survival level. They may also be eligible for an additional 60 hours of free language teaching.

Close Open South Africa

April 2025 - Temporary Concession for Foreign Nationals due to processing delays

On 28 March 2025, the Department of Home Affairs issued an extension of its temporary concession granted to foreign nationals affected by delays in the processing of applications for long-term visas, visa waivers and visa appeals. The concession is now extended until 30 September 2025.

The previous temporary concession was published on 18 December 2024 and extended the validity of current visas and visa waivers until 31 March 2025.

The following measure apply under the newly extended concession.

Pending visa waiver applications

  • Visa holders, who have applied for a waiver and whose waiver application is still pending as of 28 March 2025 are granted a further temporary extension until 30 September 2025, to enable the Department to process the applications, as well as to allow for applicants to collect their outcomes and submit applications for the appropriate visas.
  • Those applicants who wish to abandon their waiver applications and depart from South Africa should be allowed to depart before or on 30 September 2025, without being declared undesirable.
  • A visa holder who needs to travel but is awaiting the outcome of a waiver application should be allowed to depart and re-enter the country at a port of entry up to and including 30 September 2025 without being declared undesirable. However, non-visa exempt applicants who travel out of the country with a waiver application receipt are required to apply for a port of entry visa, which would allow them re-entry.

Pending visa applications

 

  • Visa holders who have applied for long-term visas as contemplated in terms of section 11(1)(b) of the Immigration Act, up to and including sections 20 and 22 of the said Act, and whose visa application is still pending as of 28 March 2025, are granted a further temporary extension of their current visa status until 30 September 2025. Applicants are not allowed to engage in any activity other than what the visa conditions provide for.
  • Visa holders who need to travel, but are awaiting the outcome of a long-term visa. application, should be allowed to depart from and re-enter the country up to and including 30 September 2025 without being declared undesirable.
  • However, non-visa exempt applicants who travel out of the country with a long-term visa application receipt are required to apply for a port of entry visa, which would allow them re-entry

Pending visa appeal applications

  • Visa holders who have appealed a negative decision on an application for a long-term visa as contemplated in terms of section 11(1)(b) up to and including sections 20 and 22 of the Immigration Act, are granted a temporary extension of their current visa status until 30 September 2025. Applicants are not allowed to engage in any activity other than what the visa conditions provide for.
  • Visa appeal applicants who need to travel but are awaiting the outcome of an appeal application for a long-term visa should be allowed to depart from the country and re-enter up to and including 30 September 2025, without being declared undesirable
  • All appeal applicants are required to produce a copy of the rejection letter, together with a receipt and/or confirmation indicating that such a person has submitted an appeal application, on departure from and re-entry into the country. Non-visa exempt appeal applicants who travel out of the country with an appeal application receipt and/or confirmation, are required to apply for a port of entry visa, which would allow them re-entry

The above temporary measures will apply only to those foreigners who have been legally admitted into South Africa. This concession is also only applicable to applicants who have submitted an application via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system.

Applicants awaiting the outcome of an application for a permanent residence permit are required to ensure that their residential status in South Africa is kept valid at all times while waiting for an outcome. Therefore, the above temporary measures will not apply to permanent residence applicants.

Digital business visa application system goes live

The Department of Trade, Industry, and Competition (the dtic) has launched the Business Visa Recommendation System (VRS), an online platform for business visa recommendation applications.

The VRS, which replaces the email application process, is aimed at all foreign business owners applying for first, extension and/or permanent residence recommendation, in terms of the Immigration Act 13 of 2002.

The stated objective of the system is to enhance efficiency for business visa applicants, including faster processing, convenience and transparency.

Key features of the VRS include:

  • Online Submission – Applicants can now submit business visa for first, extension and permanent recommendations applications digitally;
  • Document Upload – Required supporting documents can be uploaded directly to the system;
  • Real-Time Tracking – Applicants can monitor the progress of their applications;
  • Automated Notifications – Updates and final recommendations will be communicated through the system.

March 2025 - New digital business visa recommendation application process

The Department of Trade, Industry, and Competition (the DTIC) has launched the Business Visa Recommendation System (VRS), an online platform for business visa recommendation applications—for all foreign business owners applying for first, extension and or permanent residence recommendations.

  • Applicants can now submit digital recommendation applications for first-time, extension and permanent business visas for first, extension and permanent.
  • The required supporting documents can be uploaded directly to the system.
  • Applicants can monitor the progress of their applications.
  • Updates and final recommendations will be communicated digitally through the system.

12/27/24

Visa concession extended again

The Department of Home Affairs has announced that it is extending its temporary visa concession in light of a continued backlog in processing of visa, waiver and appeal application.

The Department states that it has “made a significant impact in addressing the backlog” since its previous extension, but that application outcomes were not ready to collect when the holiday season started on 12 December 2024 and that a backlog of appeals and permanent residence applications still exists.

Visa holders with pending long-term visa, visa waiver or visa appeal applications as of 30 November 2024 are granted an extension until 31 March 2025.

  • They must comply with their current visa conditions.
  • Those wishing to abandon their visa applications are permitted to depart up to and including 31 March 2025.
  • Those who need to travel can leave and return to South Africa up to and including 31 March 2025.

12/9/24

Zimbabwean Exemption Permit extended

The South African Department of Home Affairs has officially extended the validity of the Zimbabwean Exemption Permit (ZEP) for another 12 months, up to 28 November 2025, to comply with a Gauteng High Court order requiring consultation with stakeholders on the future of the ZEP programme.

According to the Minister’s Immigration Directive No 15 of 2024:

  • No holder of a ZEP may be arrested, ordered to depart or be detained for deportation or deported for any reason related to not having any valid exemption certificate;
  • ZEP holders can enter and leave South Africa provided they meet the other immigration requirements, except for the requirement to hold a valid visa.
  • ZEP holders are not required to show exemption certificates when applying for a temporary visa under section 10(2) of the Immigration Act.

The ZEP allows Zimbabwean nationals to live, work and study in South Africa if they meet certain conditions.

7/12/24

Further extension of status for pending long-term applications

The South African government has further extended temporary measures originally implemented in September 2022 to address delays in the processing of visa, waiver and appeals applications

Visa holders who have applied for a long-term visa or a visa waiver or who have appealed a negative decision on a long-term visa application, and the application is still pending as of 30 June 2024, are granted a further temporary extension until 31 December 2024 of their current visa status.

Applicants are not allowed to engage in any activity other than what their current immigration conditions provide for.

Those who wish to abandon their applications and depart from South Africa will be allowed to exit at a port of entry before or on 31 December 2024 without being declared undesirable.

Visa holders who need to travel, but are awaiting the outcome of a waiver application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable. However, non-visa exempt applicants who travel out of the country with a receipt for a waiver, long-term visa or appeals application are required to apply for a port of entry visa which would allow them re-entry into South Africa.

All appeal applicants are required to produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa.

Holders of short-term visas issued in terms of section 11(1)(a) of the Immigration Act, 2002 for 90 days or less, who have applied for a renewal, but have not received their visa renewal outcome by 30 June 2024, must make the necessary arrangements to depart from South Africa within 90 calendar days from the date of expiry of the principal visa, to avoid being declared undesirable.

The temporary concession applies only to foreign nationals who have been legally admitted into South Africa and to applicants who have submitted their applications via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system.

5/24/24

Updated regulations introduced points-based system, digital nomad visa

The South African government has republished amendments to its immigration rules which introduce a new points-based system for general work visas, as well as a new digital nomad visa.

The amended immigration regulations were gazetted and came into effect on 28 March 2024, the day before the period of public comment was due to close.   Because of this error, the Department of Home Affairs withdrew the amended regulations to allow further public comment and to address any confusion about the amendments.

The principal amendments are as follows:

  • A points-based general work permit is introduced, assessing applicants on their work experience, job offer, qualifications, age, language skills and ability to adapt within the Republic;
  • A new digital nomad visa category is introduced, with a three-year duration, which allows family to accompany the principal applicant and has a minimum income requirement;
  • The new Trusted Employer Scheme, which has already been implemented, is incorporated in the immigration regulations.

The amendments introduce a one-year critical skills visa which requires a job offer and proof that an application for professional registration has been submitted (rather than proof that professional registration has been granted.

4/19/24

Amended immigration regulations withdrawn for clarification

Amended immigration regulations were gazetted and came into effect on 28 March 2024, the day before the period of public comment was due to close.   Because of this error, the Department of Home Affairs has withdrawn the amended regulations to allow further public comment and to address any confusion about the amendments.

The principal amendments are as follows:

  • A points-based general work permit is introduced, assessing applicants on their work experience, job offer, qualifications, age, language skills and :ability to adapt within the Republic”;
  • A new digital nomad visa category is introduced, with a three-year duration, which allows family to accompany the principal applicant and has a minimum income requirement;
  • The new Trusted Employer Scheme, which has already been implemented, is incorporated in the immigration regulations;
  • The amendments introduce a one-year critical skills visa which requires a job offer and proof that an application for professional registration has been submitted (rather than proof that professional registration has been granted);

12/16/24

Draft immigration law changes published

On 8 February 2024, the South African government published draft amendments to the immigration regulations and requested public comments until 29 March 2024.

The key proposed changes are as follows:

  • A points-based work permit system is introduced, assessing applicants on their work experience, job offer, qualifications, age, language skills and :ability to adapt within the Republic”;
  • A new digital nomad visa category is proposed, with a three-year duration, which allows family to accompany the principal applicant and has a minimum income requirement;
  • The draft proposes a one-year critical skills visa which requires a job offer and proof that an application for professional registration has been submitted (rather than proof that professional registration has been granted);
  • Radiological reports would no longer be needed for the medical clearance process;
  • It is clarified that police clearance certificates are only needed for the last five years of residence;
  • It is clarified that spouse and children of South African permanent residents or citizens are permitted to change their status within the country;
  • Parents of South African children would also be allowed to change their status within South Africa.

10/13/23

Trusted Employer Scheme pilot

The Department of Home Affairs (DHA) has issued an invitation to corporate employers to submit an expression of interest in the pilot of the Trusted Employer Scheme (TES).

To qualify for membership in the TES, an employer, investor or business must demonstrate that it has the financial means to employ a foreign national, that it runs training programmes for South African citizens and that it is a good corporate citizen.

Participating businesses, investors and corporate employers will qualify for priority processing of their visa applications with reduced requirements and supporting documents. TES membership will be applicable to local applications as well as to all applications submitted at South African High Commissions abroad. Current corporate account clients are invited to apply for TES membership.

DHA will use a points system, with <30 points available for proven/pledged investment, <25 points for employment, <15 points depending on the sector, <20 points for skills transfer/development and <10 points for equity equivalence. The selection criteria are explained in more detail here.

 

The application process is as follows:

  • Interested companies which are registered and operational in South Africa should submit their expression of interest using the TES application form.
  • Applications should be addressed to the Chief Directorate and forwarded to the DHA by hand or mail or email.
  • Applications must contain all information specified in the selection criteria and supported by the documents mentioned in the application form.
  • Applications will be assessed by a selected inter-departmental committee.
  • DHA will make the final selection and advise applicants of the outcome.
  • The decision of the TES inter-departmental committee will be final.
  • The closing date for submissions is 20 November 2023

The TES was proposed in the Operation Vulindlela Work Visa Review Report (2022) to address the unpredictable nature of visa adjudications.

 

10/6/23

Updates to the Critical Skills list

On 2 October 2023, an updated Critical Skills list was published in the Government Gazette. Two new occupations have been added to the list:

  • Registered Nurse – Veterinarian;
  • Registered Nurse – Veterinary Nurse.

Foreign nationals are now able to apply for a Critical Skills Work Visa in these occupations.

The Critical Skills list is a list of occupations that the South African government considers to be in high demand and essential to the country’s economic growth and development, and is updated regularly.

Close Open South Korea

1/5/24

New remote worker visa

The government has introduced a digital nomad visa for remote workers, effective 1 January 2024.

The “Workation” (Digital Nomad) Visa (F-1-D), valid for one year, is applicable to foreign nationals aged 18 years or above who have been employed by a foreign company for more than one year (or who own a foreign company) and are able to work remotely in South Korea. Family members can also obtain this visa.

  • Applicants must earn more than twice the Korean GNI (Gross National Income) per capita of the previous year as announced by the Bank of Korea, after tax deduction. This is currently approximately EUR 61,000 per year or EUR 5,083 per month after tax.
  • Applicants must have no criminal record.
  • Applicants must have medical insurance with coverage of EUR 70,000 for medical treatment and flight transfer to home country during stay in Korea.
  • Holders must not take employment in South Korea or conduct profitable work in Korea.
  • For stays more than 91 days in South Korea, applicants need to apply for foreigner registration with the immigration (branch) office which has jurisdiction over their place of residence within 90 days from the date of entry into the country.
  • The authorized period of stay is one year from the date of entry and can be extended up to one year.
Close Open Spain

1/10/25

Details announced of cancellation of golden visa program

The Spanish government has published a law which includes provisions cancelling the investor visa programme (“golden visa”) effective 3 April 2025.

The law, once effective, repeals articles 63-67 of the Entrepreneurs Law (Law 14/2013) which include details of the golden visa programme.

Applications submitted before 3 April 2025 will be processed under the existing rules. Even after 3 April 2025, golden visas issued before that date can be renewed according to the current rules.

11/22/24

Congress approves law ending Golden Visas

On 14 November 2024, Spain’s Congress of Deputies approved a law concerning efficiencies in the Public Justice Service, which includes changes abolishing residence permits based on investment (the Golden Visa programme).

According to the bill, eligible applicants who have submitted their application under this route before the changes take effect will still be issued a visa, and the validity of previously issued visas will be honoured.

The bill will now be considered by the Senate for amendments before returning to the Congress for final approval. The change is expected to take effect from January 2025.

Earlier in 2024, the government announced that it is working to abolish Golden Visas based on investment in residential property, a route which has attracted an increasing amount of investment in Spain, but which has been identified as a cause of the country’s housing crisis.

7/19/24

Government extends deadline for nationality applications under Democratic Memory Law

The Council of Ministers has approved extending, by one year, the deadline for exercising the right to apply for Spanish nationality set out in the Law 20/2022, on Democratic Memory.

The original two-year period, expiring in October 2024, has now been extended to the end of 2025.

The law applies to people born outside Spain to a father, mother, grandfather or grandmother, originally Spanish, and who, as a result of having suffered exile for political, ideological or religious reasons or for sexual orientation and identity reasons, lost or renounced Spanish nationality; and persons who are in the following situations:

  • Sons and daughters born abroad to Spanish women who lost their nationality because they married foreigners before the 1978 Constitution came into force.
  • Sons and daughters of legal age born to Spaniards whose nationality of origin was recognised through the right of option under the provisions of this law or in the seventh additional provision of Law 52/2007, which  recognises and extends rights and establishes measures on behalf of those who suffered persecution or violence during the civil war and the dictatorship.

Since the entry into force of this Law, up to 31 March 2024, the Consular Civil Registry Offices received 301,121 applications to opt for Spanish nationality of origin.

More than 95 percent of applications have been received at the Spanish Consular Offices in Ibero-America and the Consulate General of Spain in Miami. Specifically, Spain's five consulates general in Argentina account for 40 percent of applications, and together with the Consulate General of Spain in Havana, they account for over 53 percent of applications.

All appointment requests already submitted and pending the assignment of a date will now be processed, as well as all applications submitted that cannot be processed within the original two-years period.

4/22/24

Delays in local Immigration appointments in Spain:

We are experiencing delays in securing appointments online for local registrations and submissions, due to lack of available slots. These delays are becoming significant enough to delay the immigration process, since the authorities are understaffed and overwhelmed.

Although minor delays have been very common during the last 1,5 years, we have been able to mitigate this so far. However, this has become even more complex during the last months, with the existence of spurious channels out of compliance to get this done with some providers buying appointments to "agents"/errands boys. This option is highly risky since the provider loses visibility of the route followed to get this appointment and results are not guaranteed.

Aires aims to proactively utilize Administrative Claim channels. We are assisting our clients with preparing Written Claims to the Extranjeria, to follow up on results with the Directorate. In some cases, Authorities also require a personal meeting to confirm there is an exceptional/ urgent need and we also offer accompaniment, as well as legal advice.

Close Open Sweden

March 2025 Track change abolished and rules on statutory limitation period changed

The Swedish Parliament has decided to abolish the possibility of changing tracks, to change the rules on statutory limitation periods for deportation decisions, and to give the Swedish Migration Agency the possibility to decide on longer re-entry bans. The new rules will enter into force on 1 April 2025, without transitional arrangements.

The system of changing tracks has meant that those whose asylum applications have been rejected, and who have worked during their asylum process in Sweden, under certain circumstances can have their application for a residence permit on the basis of work examined without having to leave the country. This means that they have been exempted from the main rule that applications for residence and work permits must be made from the home country or other country in which the person has the right to stay. The Swedish Migration Agency estimates that it affects around 4,700 people.

The abolition of track changes means that it is no longer possible to apply for an extension of existing permits. Most people who have been granted a residence permit on the basis of work through a so-called change of track will have to leave Sweden when their current permit expires.

At the same time, the Parliament has decided to change the rules on statutory limitation periods and re-entry bans. From 1 April, decisions on expulsion or deportation will be valid for five years from the date the person leaves the country in accordance with the decision, which in most cases also includes leaving the territory of EU countries and the Schengen area. The difference from before is that the statutory limitation period then started to run from the date the decision entered into force, regardless of whether the person had left Sweden or not, and applied for four years.

The new rules apply to persons who have a rejection or expulsion decision that has not expired by 31 March 2025.

The new amendments also introduce the possibility for the Swedish Migration Agency to decide on a longer re-entry ban than before, if a person has not left the country when the deadline for voluntary departure has expired.

12/9/24

Parliament decides to implement new EU blue card directive

The Riksdag has decided to implement the EU's new blue card directive via Swedish legislation that enters into force on 1 January 2025.

The new legislation will make the following amendments to the EU blue card rules in Sweden:

  • The minimum salary threshold is lowered from 1.5 times to 1.25 times the average gross annual salary in Sweden.
  • The minimum length of employment is reduced from one year to six months.
  • More categories of people have the opportunity to be granted an EU blue card.
  • It will be possible to switch to another highly qualified job without applying for a new EU blue card. Instead, a notification of new work or other changes that affect the conditions must be notified to the Swedish Migration Agency.
  • The possibility to change from other types of residence permit to an EU blue card without having to leave the country is expanded. Anyone who has had an EU blue card in another EU state for at least twelve months may, under certain conditions, apply for an EU blue card in Sweden with a somewhat simplified procedure.

The change aims to attract and retain highly qualified workers by giving more people the opportunity and at the same time making it easier to apply for an EU blue card.

An EU blue card is a combined residence and work permit for people from countries outside the EU, who have an employment contract for a highly qualified job. An employment is highly qualified if it requires that the employee has relevant and special competence for it in the form of completed studies corresponding to 180 higher education credits or five years of professional experience in the profession or industry to which the employment relates

5/24/24

Digital passport check pilot for foreign residents

The Swedish Migration Agency has announced a pilot for digital passport check to make it easier to apply for a residence permit. Foreign students and workers from 23 countries are the first to be able to use the identification app Freja to show their passports.

The Digital Passport Check e-service has been developed so that visa-free students and workers applying for residence permits can avoid time-consuming and sometimes expensive journeys to a Swedish mission abroad.

The first offers of a digital passport check will be sent in the last week of May 2024, in the form of an automated email within a couple of days of an online application for a work or study permit. The email contains a personalised link to the e-service that is valid for one week. The Migration Agency (Migrationsverkert) will also send an offer to all eligible individuals who have submitted an application in 2024 but have not yet shown their passport.

The passport check is done with the help of Freja eID Group AB, which offers functions for reviewing and transmitting passport information to Swedish authorities.

Using the Freja app will also be a first step in creating an e-ID that other authorities can rely on during the application process. Once the user has obtained a Swedish personal identity number or coordination number, it can be updated to a full Swedish e-ID.

Around 19,000 workers and 5,000 students are expected to benefit from the new digital passport check service every year based on statistics on the 23 countries in 2023.

The 23 countries whose nationals may be eligible for the digital passport check pilot are:

Albania, Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada, Chile, Colombia, Georgia, Hong Kong, Japan, Malaysia, Mexico, New Zealand, North Macedonia, Peru, Serbia, Singapore, South Korea, Taiwan, Ukraine, United Kingdom, United States.

2/16/24

Proposal for a new minimum salary condition for work permits

The migration minister has received a report commissioned by the government, which proposes tighter conditions for labour migration.

Among the proposals being considered by the government are the following:

  • A new minimum salary requirement for non-EU workers. The report proposes that this should be set at the median national salary (currently SEK 34,200). The maintenance salary was increased in November 2023 from SEK 13,000 to SEK 27,360 (80% of the median salary).
  • Exceptions to the median salary rule. Exceptions could be made for certain occupations or regions with more acute labour shortages, and for new graduates.
  • Changes for highly qualified workers. The report proposes changes to facilitate EU blue card and intra-company transfer permit holders.
  • Exclusion of certain professions. it is proposed that the Swedish Migration Agency should annually inform the government about professions where abuse of the regulatory system is so great that the professions should be excluded from the possibility of being granted a work permit.

The changes to the immigration law are proposed to enter into force on 1 June 2025.

12/8/23

Closing of certification process

The Swedish Migration Agency (Migrationsverket) has reminded interested parties that its certification process ends on 15 December 2023 and, on 29 January 2024, its new working method for handling work permit applications will be introduced. The last day to submit an application for a work permit as a certified employer is 14 December 2023.

Between 15 December 2023 and 29 January 2023, Migrationsverket will focus on finalizing the new way of working and handling the applications received from certified actors.

Through the certification process, employers have been able to access faster processing. Migrationsverket has striven to make decisions for complete applications for a work permit within ten working days for the first application and 20 working days for a renewal application.

According to the authorities, the system has grown so large that it has come to include a large number of applications that should not be prioritised according to the Swedish Migration Agency's mission to promote the recruitment of highly qualified labour.

12/1/23

Temporary passport checkpoints

The Swedish Migration Agency (Migrationsverket) will open temporary passport control checkpoints around the world in December 2023.

The temporary checkpoints are open to applicants who

  • live in Canada, the United States, Brazil, Hong Kong, or Taiwan; and
  • have applied for a residence permit to study or work in Sweden; and
  • do not need an entry visa to travel to Sweden.

 

Applicants for a residence permit as a student or employee who do not need an entry visa to travel to Sweden still need to show their passport in person before they can receive a decision.

Pop-up passport controls are available as follows:

Canada

1 December: University of British Colombia, Vancouver, Canada

USA

2 December: The University of California Berkeley, San Francisco, California, USA

3 December: Honorary Consulate of Sweden in Los Angeles, California, USA

6 December: Honorary Consulate of Sweden in Chicago, Illinois, USA

7 December: Honorary Consulate of Sweden in Boston, Massachusetts, USA

Brazil

6 December: Honorary Consulate of Sweden in São Paulo, Brazil

7 December: Honorary Consulate of Sweden in São Paulo, Brazil

Taiwan

4 December: Business Sweden in Taipei, Taiwan

Hong Kong

5 December: Consulate-General of Sweden in Hong Kong

No appoint­ment needed

Those who want to have their passport verified at one of the temporary checkpoints do not need to book an appointment. They also do not have to wait for the Swedish Migration Agency to notify them that it is time to show their passport. If they meet the requirements above, they are welcome to visit any of the temporary locations.

No inter­views at the tempo­rary check­points

Applicants who need a residence permit card or entry visa to enter Sweden should not visit the temporary checkpoints. They must visit a Swedish embassy or consulate-general as usual to be photographed and leave their fingerprints. The same applies for those who need to be interviewed, for example if they have applied for a residence permit to be reunited with a close relative in Sweden. They should contact the embassy in question for information on how to book an appointment.

 

11/3/23

New maintenance requirement takes effect

As previously announced, effective 1 November 2023, the maintenance requirement for foreign national workers has increased from SEK 13,000 to SEK 27,360, which is 80% of the current median salary in Sweden. The monthly salary must also be in line with collective agreements or practices in the relevant profession or industry.

  • If someone has been granted a work permit before 1 November 2023, the previous maintenance requirement still applies for the remainder of the permit’s validity. If the holder applies for an extension, however they will need to meet the new maintenance requirement.
  • The new requirement does not apply to permits granted on the basis of protection, close family ties, or studies, nor to those covered by the Temporary Protection Directive or the Upper Secondary School Act. EU/EEA citizens, permanent residents and long-term residents who exercise their freedom of movement are also unaffected.
  • Professional coaches and athletes, au pairs, trainees within the framework of international exchange or trainees with traineeships related to higher education, and researchers will not be subject to the new requirement.
  • People who possess or are applying for an EU Blue Card or ICT permit, as well as seasonal workers, are also unaffected.
  • The occupational areas that will be most affected by the higher maintenance requirement are service, care, sales, agriculture, gardening, forestry, berry picking, fishing, and occupations that demand a shorter education or introduction. As a rule, the salary earned by employees in these groups falls below the new maintenance requirement.

9/22/23

Minimum salary increase postponed

The Migration Agency has postponed an increase in the minimum salary requirement for work permit holders until 1 November 2023. This was originally scheduled for 1 October 2023.

The required monthly salary will be more than doubled from SEK 13,000 to SEK 27,360, which is 80% of the median wage in Sweden.

For existing work permit holders, the new requirement only applies if they apply for an extension after the change, or if they apply for an extension before the change but the Migration Agency only assesses the application after the change.

The increase does not affect holders of EU ICT Permits or EU Blue Cards or seasonal workers, for whom different salary thresholds apply.

9/15/23

Details of the new model for work permit processing

The Swedish Migration Agency has decided to introduce a new model for handling work permit-related matters. It is also establishing units for international recruitment. In particular, the new model promotes the recruitment of employers seeking to hire highly qualified workers from outside the EU, but it also aims to shorten the processing time for all labour market cases. The new model will be introduced in January 2024.

With the new model, the Swedish Migration Agency aims to provide better service to employers of highly qualified workers, with dedicated staff and an improved online service. A complete application for a work permit for a highly-qualified worker should receive a decision within 30 days. For other categories, the aim is that decisions should always be made within four months.

The new international recruitment units will replace the certification system, which is currently used for handling work permit cases, which will be phased out. The new model includes four categories:

  • Category A covers work permit applications for highly qualified occupations. The term “highly qualified” is defined in the Swedish Standard Classification of Occupations (SSYK). In Category A, it applies to the three occupational areas: managerial occupations, occupations with requirements for advanced university competence, and occupations with requirements for higher education competence or equivalent. This category will be the agency’s way of replacing the current certification system. The ambition is that complete applications for highly qualified workers will be processed within 30 days.
  • Category B covers applications for work permits in occupations with specific rules, such as seasonal occupations, berry pickers, intra-corporate transferees (ICT), permits under the EU Blue Card Directive, artists, researchers, athletes/coaches, au-pairs, trainees, youth exchange agreements, and volunteers. It also covers applications to start business activities and so-called “track changers” from asylum cases.
  • Category C covers occupations that do not require a higher level of academic competence, i.e., non-highly qualified occupations in sectors that do not require a particularly high level of case investigation. This category includes, e.g., occupations that constitute an important social benefit, even if they do not meet the criteria for being classified as highly qualified. Applications for major new establishments in growth areas also fall into this category.
  • Category D includes work permit applications for employment in industries that the Swedish Migration Agency defines as particularly demanding in terms of case investigation, including cleaning, construction, personal assistance, and hotels and restaurants.

The deadline to submit new applications to become a certified employer was 31 May 2023, but no deadline has yet been established for existing certified employers to submit work permit applications.

 

Close Open Switzerland

March 2025

New online notification system for short-term work

The State Secretariat for Migration has launched a new system for notifications of short-term work. The current application for reporting short-term work in Switzerland will no longer be available as of March 14, 2025. Starting March 17, 2025, users can submit notifications exclusively through EasyGov.swiss. There are fundamentally no changes to the notification process or the information requested. 

Background

The Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU is aimed at liberalising the cross-border provision of services (posted workers or self-employed service providers) for up to 90 effective working days per calendar year. All that is required is prior submission of a notification form. The 90 working days per calendar year rule are calculated both for the company posting workers and for the posted worker.

For services to be rendered beyond this 90-day threshold, a work permit is required.

The online notification procedure also applies to companies based in Switzerland that would like to employ foreign workers for periods of up to three months. All that is required is submission of a notification form. If the intention is to employ a worker for longer than three months, then this person must request a Swiss residence permit or must satisfy the requirements for issuance of a cross-border commuter permit.

Each assignment carried out in Switzerland must be entered into the system at least eight days prior to commencement of work. For foreign workers taking up short-term employment with a company based in Switzerland (work contracts of up to three months in duration), the notification form must be submitted no later than one day prior to the first day of work.

The competent cantonal authorities in the location where the worker is posted or where the services are to be rendered in Switzerland will process the notification form.

The activity of posted workers and self-employed service providers is subject to a notification requirement if the work in Switzerland exceeds eight days within a given calendar year. In the following sectors, the activity is always subject to a notification requirement from the first day onwards regardless of the duration of work:

  • Construction and secondary contract work
  • Gardening and landscaping
  • Hotel, restaurant and catering
  • Cleaning in companies and households
  • Monitoring and security services
  • Itinerant trade (exceptions: trade fairs and circuses)
  • Sex industry.

1/17/25

Permanent visa requirement for Vanuatu nationals

Effective 4 February 2025, citizens of Vanuatu will no longer be able to enter the Schengen area (which includes Switzerland) without a visa. According to the EU, citizenship programmes in Vanuatu pose a security risk to Schengen Member States. The Federal Council adopted this amendment to the Schengen acquis at its meeting on 15 January.

An agreement between the EU and the Republic of Vanuatu has been in force since May 2015, exempting Vanuatu nationals from the short-stay visa requirement to enter the Schengen area. Since then, there has been a sharp increase in the number of passports issued by Vanuatu to foreigners who invest in the country. The EU believes that these citizenship programmes allow people to circumvent the visa procedure, and that they pose a risk to the internal security and public order of the Schengen States, as the Vanuatu authorities do not carry out the necessary checks on people seeking citizenship.

For the reason stated above, the EU has already suspended the visa exemption for holders of Vanuatu passports issued after 2015. It will now extend this to include all Vanuatu citizens. Although Vanuatu has since adopted a number of legislative amendments, it has not remedied the shortcomings identified. The EU has therefore decided to reintroduce a permanent visa requirement for nationals of Vanuatu from February 2025. As part of its association with Schengen, Switzerland will adopt this regulation and amend its Ordinance on Entry and the Granting of Visas (EGVO) accordingly

12/9/24

Federal Council maintains the same work permit quotas for 2025

On 27 November 2024, the Federal Council decided to keep unchanged the quotas for workers from third (non-EU) countries and for service providers from the member countries of the European Union (EU) or the European Free Trade Association (EFTA).

The special quota for workers from the United Kingdom is also renewed.

The partial revision to this effect of the Ordinance on the Admission, Stay and Exercise of a Gainful Activity (OASA) will enter into force on 1 January 2025.

Labour immigration to Switzerland from third countries is subject to restrictions. Authorizations are issued according to the needs of companies and taking into account the economic interests of the country, priority being given first to workers in Switzerland, then to those from EU or EFTA Member States.

Next year, 8500 skilled workers from third countries can be recruited again: 4500 will benefit from a residence permit (B permit) and 4000 from a short-term residence permit (L permit).

The ceilings valid for service providers from EU or EFTA countries whose mission duration in Switzerland exceeds 90 or 120 days per year will also remain unchanged. In 2025, 3000 L authorizations and 500 B authorizations will be available for this category of workers. As before, they will be granted quarterly to the cantons.

The agreement on the free movement of persons no longer applies between Switzerland and the United Kingdom since 1 January 2021. British nationals are now considered to be nationals of third countries and are subject, as a transitional solution, to specific quotas.

According to the Federal Council's decision, up to 3500 British workers will be able to be recruited again in 2025: 2100 under a B permit and 1400 under an L permit. In the medium term, however, the Federal Council intends to integrate this special quota into the ordinary quota.

The agreement of 11 October 2024 between the Swiss Federal Council and the Government of the United States of America on the exchange of trainees and young professionals requires a new material amendment to the Ordinance on the Admission, Residence and Exercise of a Gainful Activity (OASA). The maximum number of authorizations per year that Switzerland will be able to issue - 300 for 2025 – will now be entered in the OASA and fixed in a legally binding manner. These authorizations are issued for stays of limited duration for training and further education purposes. They are not part of the quotas fixed for the ordinary admission of third-country nationals to the labour market.

At the end of October 2024, the authorizations issued by the cantons to companies in Switzerland corresponded to almost 63% of the available quotas for workers from third countries (L and B permits) and almost 44% of those for service providers from the EU or EFTA (L and B permits). The quotas available for workers from the United Kingdom have been little used (18% at the end of October 2024 for L and B permits).

12/4/24

Federal Council lifts quotas for Croatian nationals in 2025

From 1 January 2025, Croatian nationals coming to work in Switzerland will benefit once again from full freedom of movement. At its meeting on 27 November 2024, the Federal Council adopted an amendment to the Ordinance on the Free Movement of Persons (FMPO) to this effect.

Full freedom of movement for Croatian nationals was introduced in 2022. As a result of the sharp increase in the number of Croatian workers that year, the Federal Council decided to unilaterally activate the safeguard clause provided for in the Agreement on the Free Movement of Persons (AFMP) and to reintroduce quotas in 2023 and 2024. During these two years, the number of short-term permits (EU/EFTA L permits) was limited to 1,053 per year and the number of residence permits (EU/EFTA B permits) to 1,204 per year. The quotas for 2024 have already been used up.

As the safeguard clause may only be applied for a maximum of two consecutive years, Croatian nationals will once more have full access to the Swiss labour market from 1 January 2025.

If the number of Croatian workers in this country exceeds a certain threshold again in 2025, Switzerland may once more invoke the safeguard clause and limit the number of permits, but only for the year 2026. This is because Croatia is subject to a transitional period of ten years, until 31 December 2026, after which date Croatian nationals will definitively benefit from full free movement of persons, in the same way as nationals of the other EU member states.

Between 1 January 2017 - the date on which Croatia became a contracting party to the AFMP - and 31 December 2021, the Federal Council imposed restrictions on the number of Croatian workers permitted to come and work in Switzerland.

12/15/23

Government launches consultation on digitisation of Schengen visas

At a meeting on 8 December 2023, the Federal Council opened a consultation on the draft legislation required to implement the new EU regulation on Schengen visa applications.

Under the regulation, Schengen visa applications will have to be submitted on an electronic EU platform (yet to be developed). The visas will be issued in digital form and replace the stickers issued in paper form until now.

Some of the provisions of the new EU regulation must be incorporated into Swiss law before becoming applicable. This requires amendments to the Foreign Nationals and Integration Act (FNIA) relating to the future platform, the content of the national visa system and the delegation of new tasks, such as the verification of travel documents, to appointed third parties.

There will be some exemptions from using the EU platform, for example in special humanitarian cases or where internet access is difficult. The Federal Council will define these exemptions at ordinance level at a later date.

The consultation on the legislative amendments will run until 22 March 2024. The new European platform is scheduled for roll-out in January 2026, with Switzerland expected to connect to the platform in 2028 at the earliest.

As part of the new submission procedure, the visa format must be redefined so that visas can be issued in digital form. At its meeting on 8 December, the Federal Council therefore also adopted an amendment to the Ordinance on Entry and the Granting of Visas (EGVO), providing for a digital visa in the form of a barcode in addition to a paper visa sticker.

Digitalisation of the visa procedure will apply not only to short-stay Schengen visas, but also to visas for stays exceeding 90 days (‘national visas’). The change will come into force on 1 February 2024.

12/1/23

Work permit quota unchanged for 2024

On 29 November 2023, the Federal Council decided to leave unchanged work permit quotas for non-EU/EFTA nationals and for service providers in 2024. The separate quota for UK nationals will also remain unchanged for now, but will be incorporated into the regular quota for third country nationals in the medium term.

Up to 8500 skilled workers can be recruited from third countries in 2024:

  • 4500 with a category B residence permit;
  • 4000 with a short-term category L permit.

Up to 3500 permits are available to service providers from the EU/EFTA with stays exceeding 90 or 120 days per year:

  • 3000 short-term category L permits;
  • 500 category B permits.

Since 1 January 2021, the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the UK no longer applies. UK nationals are therefore now considered third-country nationals. Separate quotas apply to them as a transitional arrangement. According to the Federal Council's decision, 3,500 permits will be available to this category once again in the coming year:

  • 2100 category B residence permits;
  • 1400 short-term category L permits.

In recent years the quotas have not been fully used. At the end of October 2023, 68% of category B residence permits and 65% of short-term category L permits had been reached for third-country workers. Of the quotas for service providers from the EU/EFTA for a duration of more than 90 and 120 days per year, 36% (B permits) and 45% (L permits) had been reached respectively. In the case of the separate quotas for UK nationals, only 23% of category B permits and 18% of category L permits had been utilised; a comparatively low rate.

11/27/23

Further extension of safeguard clause for Croatia

On 22 November 2023, the Federal Council decided to extend for another year the safeguard clause provided for in the Agreement on the Free Movement of Persons (AFMP) for Croatian nationals coming to work in Switzerland. The number of new work permits for 2024 will remain at the same level as for 2023.

The AFMP concluded with the EU provides for a phased opening of the Swiss labour market to Croatian nationals. Full freedom of movement was introduced on a trial basis in 2022, resulting in a sharp increase in the number of Croatian workers in Switzerland. The Federal Council therefore unilaterally activated the safeguard clause provided for in the AFMP from 1 January to 31 December 2023 and reintroduced permit quotas for Croatian nationals.

Between January and the end of October, Switzerland issued the entire quota of B permits (i.e. 1,204 permits, valid for five years) and 76 per cent of the available 1,053 L permits (i.e. short-term permits, renewable beyond twelve months) for 2023. Given the high demand for permits this year, the Federal Council has decided to extend the safeguard clause for a further year. In 2024, the number of permits issued to workers from Croatia will be capped at the same level as in 2023.

Under the AFMP, the safeguard clause can only be invoked for two consecutive years. Full freedom of movement for Croatian nationals will therefore come back into force again in 2025 on a trial basis. The transitional arrangements for Croatian nationals run over a period of ten years, until 31 December 2026.

New tax agreement with Italy for cross-border commuters

On 10 November 2023, Italy and Switzerland signed a declaration regulating the taxation of home working for cross-border commuters.

According to the declaration, from 1 January 2024 all cross-border commuters as defined in the agreement on cross-border commuters signed in December 2020 will be able to work from home for up to 25% of their working hours, without this affecting either the country which is eligible to collect tax on income from salaried employment or the status of cross-border commuters.

It was also decided to expand the interim solution agreed between the two countries on 20 April 2023. By end-November 2023, the competent authorities of both states will agree on special rules for the taxation of home working for cross-border commuters for the period from 1 February 2023 to 31 December 2023.

New tax agreement with France for cross-border workers

On 22 November 2023, the Swiss Federal Council adopted the dispatch on the approval and implementation of an additional agreement supplementing the double taxation agreement (DTA) with France. The additional agreement regulates in particular the taxation of cross-border remote working of up to 40% of working hours per year.

The additional agreement signed with France on 27 June 2023 regulates the taxation of cross-border remote working of up to 40% of annual working hours. Within the limits, the agreement makes provision for remuneration in connection with remote working to be taxed in the contracting state in which the employer is located. The agreement also envisages that the country of the employer will transfer to the employee's country of residence 40% of the tax which it has levied on the remuneration from remote working in the country of residence. In order to ensure that the new rules are applied, an automatic exchange of salary data is planned.

The additional agreement also updates other provisions in the double taxation agreement between Switzerland and France. In particular, it brings the double taxation agreement into line with the results of the OECD's efforts to combat base erosion and profit shifting.

Furthermore, the Federal Council dispatch makes provision for the federal government to contribute around CHF 50 million per year to the equalization payments made annually by the canton of Geneva to two French departments. This will achieve a certain degree of equal treatment with other cantons that have federal rules for the taxation of cross-border commuters.

The cantons and interested business sectors have welcomed the conclusion of the additional agreement. It still has to be approved by the legislator in both countries before it can come into force.

11/3/23

Special status for Ukrainian refugees to continue

On 1 November 2023, the Federal Council decided not to lift the protection status S for Ukrainian refugees before 4 March 2025, unless the situation changes fundamentally before then. For the first time, it has also defined a target for labour market integration: By the end of 2024, 40 per cent of persons capable of employment with protection status S should be in work. The currently level is about 20%.

Protection status S has been granted to Ukrainian refugees since 12 March 2022. The specific support measures for people with protection status S (Programme S), which were first adopted on 13 April 2022 and extended on 9 November 2022, will also be extended until 4 March 2025. The Swiss federal government contributes CHF 3000 per person per year to these measures, in particular for language courses, which is paid to the cantons in stages.

Close Open Taiwan

1/3/25

Proof of polio vaccination required for certain visa applicants

In accordance with World Health Organization recommendations, applicants for Taiwan visas who have resided in or visited countries or regions at high risk for polio transmission for four weeks or longer within the past year must submit proof of having been administered the oral polio vaccine (OPV) or the inactivated polio vaccine (IPV) from four weeks to one year before applying.

The relevant countries are Afghanistan, Pakistan, Mozambique, DR Congo, French Guiana, and Guinea.

9/9/24

Polio vaccine required for certain visa applications

On 3 September 2024, the Bureau of Consular Affairs announced that applicants for Taiwan visas must submit proof of having been administered the oral polio vaccine or the inactivated polio vaccine from four weeks to one year before applying if they have resided in or visited countries at high risk for polio transmission (namely, Afghanistan, Pakistan, Madagascar, Mozambique, and the Democratic Republic of the Congo) for four weeks or longer within the past year.

6/7/24

One-year extension of trial visa-free entry for nationals of New Southbound Policy partner countries Brunei, the Philippines and Thailand

The Ministry of Foreign Affairs (MOFA) has announced a one -year extension of the trial visa-free entry programme for nationals of Brunei, the Philippines and Thailand, from 1 August 2024 to 31 July 2025.

In addition, the Project for Simplifying Visa Regulations for High-end Group Tourists from Southeast Asian Countries will be extended for a further year through 31 December 2025, and the conditional visa-free entry through the Taiwan Authorization Certificate (TAC) scheme will remain in place.

3/22/24

Immigration Changes in March 2024

Several changes to the immigration rules were implemented effective 1 March 2024.

These include the following:

  • A foreign national who is permitted to stay in Taiwan for 60 days or longer via a visitor visa (that does not state “no extension will be granted”) may apply for extension for a fee of TWD 300. Each extension cannot exceed the original permitted duration of stay and the cumulative stay cannot exceed six months.
  • A foreign national holding an Alien Resident Certificate (ARC) can now apply to extend their ARC up to three months before it expires (previously one month).
  • The maximum entry ban for overstay has been increased from three to seven years.
  • An entry ban for overstay or illegal work may be halved for parents of Taiwan nationals or foreign permanent residents.
  • The fine for overstaying has been increased to TWD 10,000 - 50,000 (from TWD 2000 – 10,000)
Close Open Thailand

Jan - 2025

Upcoming updates to rules for Long-Term Resident Visa

The Thailand Board of Investment (BOI) has announced the approval by the Cabinet of updates and adjustments to the qualifications, criteria, and conditions for the Long-Term Resident (LTR) Visa program.

The LTR program offers successful applicants a ten-year residence permit, access to a digital work permit and personal income tax privileges, among other benefits. The LTR targets four categories, namely Highly-Skilled Professionals, Work-from-Thailand Professionals, Wealthy Global Citizens and Wealthy Pensioners. 

The approved changes include an expansion of the list of target sectors for the Highly Skilled Professionals category.

The requirement for a minimum of five years of work experience in a relevant field for applicants to the Highly Skilled Professionals and Work-from-Thailand Professionals categories has been removed to reduce requirement redundancy and increase accessibility.

Also in the Work-from-Thailand Professionals category, the corporate revenue requirement for overseas-based employers sponsoring an applicant has been lowered to a minimum of USD 50 million over the last three years, down from USD 150 million.

Furthermore, employees of wholly-owned subsidiaries of major multinational corporations are now eligible for the LTR, provided they can demonstrate financial stability through the parent company’s financial statements. (rather than through the subsidiary, as previously required).

The minimum annual income requirement for Wealthy Global Citizens category applicants has been removed to prioritize the cumulative wealth and investments in Thailand which are the core requirements for this category.

The rights for dependents of the principal applicant to any of the four LTR categories have been expanded without a limitation on the number of dependents. The rights of the principal LTR holder will now include parents and legal dependents.

All changes will take effect following the official BOI announcement on the updated LTR criteria and the Ministry of Interior's announcement on the expansion of dependents' rights.

8/2/24

New post-graduate and remote worker visas

Effective 15 July 2024, Thailand has introduced new visa routes for foreign graduates and for remote workers (or digital nomads), in addition to new measures to expand visa exemptions and visa on arrival.

The so-called Non-ED Plus visa allows foreign graduates to extend their stay for more than one year after graduation. It also allows holders to seek work during their extended stay period and, if employed locally, to apply for a relevant employment visa without leaving the country. While studying, they will also be permitted to depart and re-enter Thailand without the need for a re-entry permit.

The ”Destination Thailand Visa (DTV)” allows certain foreign nationals to be resident in Thailand while working remotely for an employer abroad (or as a freelancer). Also eligible for the DTV are participants in Muay Thai courses, sports training, medical treatment, seminars and music festivals. The spouse and dependent children of DTV holders are also eligible for the DTV.

To be eligible to apply for a DTV, applicants must have proof of funds or a guarantee of at least THB 500,000 for the duration of the stay. The visa costs THB 10,000 with a permitted stay of up to 180 days per visit, with multiple stays allowed during a five-year period. Each stay can be extended once by another 180 days. Holders must exit the country between stays.

7/26/24

New visa on arrival and visa exemption policies

Effective immediately, nationals of 93 countries (up from 57 countries previously) are entitled to visa exempt entry for tourism, short-term business and urgent/ad-hoc work for a period of up to 60 days. This can be extended for a further 30 days.

Under the visa exemption, those needing to perform urgent /ad-hoc work are required to notify the registrar in person at any international airport or labour office in Thailand after arrival. The process takes one working day and the urgent or ad-hoc work must be completed within 15 days.

Urgent /ad-hoc work can include the following activities:

  • Organizing/ setting up conferences, trainings, seminars, exhibitions, or trade fairs
  • Machinery maintenance and installation
  • Electric train technician
  • Conducting special academic lecture
  • Aircraft or aircraft equipment system technician
  • Aviation superintendent
  • Consulting work on machinery maintenance or machinery control system
  • Occasional internet audit
  • Technical skill testing for overseas job placement
  • Follow-up/ resolve technical issues
  • Machinery demonstration and testing
  • Quality control of products/ goods or products/ goods quality inspection
  • Movie filming and slide photographing
  • Recruitment of job seeker for overseas job placement
  • Inspection or improvement of production process
  • Machinery and electric generator equipment system inspection or maintenance/

In addition, nationals of Argentina and Chile (90 days) and Myanmar (14 days, via international airport only) are entitled to a visa exemption under existing bilateral agreements.

Moreover, Ordinary Passport holders from 31 countries are permitted to apply for visa on arrival at Thailand’s immigration checkpoints for the purpose of tourism, for a period not exceeding 15 days, for a fee of THB 2000.

Eligible nationalities are listed here.

6/7/24

Visa facilitation measures approved

The Thai government has approved a number of visa and travel facilitation measures aimed at stimulating Thailand’s economy and promoting tourism.

The measures are divided into three stages.

Five short-term measures expected to take effect in late June or early July 2024 include the following:

  • Extending visa exemption for tourists and short-term business visitors for a period of up to 60 days (from the period of 30 days) for passport holders from 93 countries/ regions; 
  • Increasing the number of countries/regions whose passport holders qualify for Visa on Arrival (VOA) from 19 to 31;
  • Introducing the new Destination Thailand Visa (DTV) for long-term travel, “digital nomads,” and participants in certain cultural activities, with a period of stay up to 180 days per visit, on a multiple-entry basis within 5 years;
  • Improving the non-immigration visa to facilitate the travel of international students and those nearing graduation in Thailand;
  • Establishing a “Visa Policy Committee” to develop Thailand’s entry processes and improve the efficiency of immigration procedures.

Three medium-term measures are as follows:

  • Grouping and streamlining non-immigrant visas into seven categories;
  • Lowering health insurance requirements and expanding the list of countries eligible for long-term non-immigrant visa applications;
  • Implementing the e-Visa system at all embassies and consulates by December 2024.

One long-term measure is the introduction of the Electronic Travel Authorization (ETA) system, which will be implemented in line with the e-Visa system.

5/17/24

Cabinet approves ten-year Eastern Economic Corridor visa

The Cabinet has approved a special visa for foreign nationals working in the Eastern Economic Corridor (EEC) to attract specialists and executives in various fields to work in the Corridor and promote the country’s target industries.

The EEC is a special economic area across three eastern provinces of Thailand, designated for foreign investment in target industries, such as future automotive, smart electronics, health tourism, agriculture and biotechnology, food for future, robotics and automation, aviation and logistics, bio-fuels and bio-chemical, and medical services. 

The EEC visa has a ten-year validity, depending on the employment contract. Multiple entries and exits are allowed. The visa grants a period of stay in Thailand on the first entry not exceeding five years. The visa scheme also provides the benefit of a limited personal income tax rate of 17%.

The scheme is divided into four categories: EEC Visa “S” for Specialist, EEC Visa “E” for Executive, EEC Visa “P” for Professional, and EEC Visa “O” for Other, such as spouses and persons under the visa holder’s supervision.

The fee for issuing and changing the type of visa to an EEC visa is THB 10,000 (USD 273) per person per year. The EEC work permit application is THB 20,000 (USD 547) per person.

3/8/24

Visa-free entry extended for nationals of China and Kazakhstan

Effective 1 March 2024, Thailand and China signed a mutual visa exemption agreement, permitting holders of ordinary Chinese and Thai passports to enter, exit or transit each other’s territory for stays of up to 30 days for tourism or business. Cumulative stays must not exceed 90 days in any 180-day period.

Separately, Thailand has extended the 30-day tourist visa waiver for nationals of Kazakhstan until 31 August 2024. A Memorandum of Understanding is expected to be signed in April to make the visa waiver permanent.

Close Open Turkey

10/29/24

Work permit exemption extended to three years for certain foreign nationals

On 15 October 2024, the government published amendments to the Regulation on the Implementation of the International Labour Force Law.

The work permit exemption previously granted to foreign nationals contributing to economic, socio-cultural, technological and educational fields for up to six months has been extended to three years.

Moreover, application procedures have been simplified for work permit exemptions for holders of humanitarian residence permits or temporary protection status, now requiring only the submission of an information form.

Another work permit exemption has been extended to foreign journalists holding a permanent press card and with approval from the Presidential Directorate of Communications.

Finally, it is no longer necessary to apply for a work permit exemption within 30 days of arrival in Türkiye. Instead, applications can now be submitted at any time during a foreign national’s legal stay in the country.

Visa-free travel extended to six more countries

Effective 2 December 2023, citizens of Bahrain, Canada, Oman, Saudi Arabia, the United Arab Emirates and the United States can travel to Türkiye visa-free.

The visa-free regime was extended in a decree published on that date in the official gazette of Türkiye.

Ordinary passport holders from those six countries are now able to enter Turkey for tourism or business purposes for up to 90 days within a 180-day period.

Close Open Ukraine

4/24/24

Government restricts consular services for Ukrainian men of conscription age

On 25 April 2024, the Foreign Minister of Ukraine, Dmytro Kuleba, announced a temporary suspension of the acceptance of applications for consular services for Ukrainian men of conscription age (18-60) living abroad.

All applications for the provision of consular services submitted before 23 April 2024 will be considered and processed by consulates in full, including applications submitted for registration of a passport of a citizen of Ukraine for travelling abroad.

The restrictions do not apply to consular applications by Ukrainian men of conscription age on behalf of their children. Moreover, emergency consular assistance is not affected by these restrictions.

The Minister added that further clarifications will soon be provided on the procedure for obtaining consular services for men of conscription age once the new law "On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration" comes into force on 18 May 2024. According to the law, once male citizens of Ukraine have updated their military registration details, they will be able to access consular services abroad.

 

Close Open United Arab Emirates

April 2025 - Free Zone companies can operate in Dubai mainland

The Executive Council of Dubai has issued Resolution No. (11) of 2025 (effective 21 March 2025), which applies to free zone companies seeking to operate outside their relevant free zone, in mainland Dubai. 
According to the resolution, any company or institution licensed by a relevant free zone authority may operate outside the free zone and within mainland Dubai, as long as it obtains one of three types of  license or permit from the Dubai Department of Economy and Tourism (DET).
•    A license to establish a branch of the free zone entity in mainland Dubai (as per the existing requirements);
•    A license to establish a branch of the free zone operating out of the free zone (one year validity with an AED 10,000 issuance or renewal fee);
•    A permit for the free zone entity to practice some activities within mainland Dubai  (up to six months validity with an AED 5000 issuance or renewal fee).

The DET, in coordination with the relevant licensing authority, will issue, within a period not exceeding six months from the effective date of this resolution, a list of economic activities that a company may conduct within Dubai, specifying which type of licence or permit each activity requires.

A company licensed or authorised under this resolution to conduct its activities within mainland Dubai can engage its existing workforce registered on the Free Zone portal, and may continue to benefit from all Free Zone employment privileges applicable to that workforce.
Companies conducting activities outside the Free Zone and within Dubai by the effective date of this Resolution (21 March 2025) must comply with its provisions within one year from that date. The Director General may, where necessary, extend this grace period once for the same period.

10/14/24

Reduced passport validity requirement for immigration amnesty

The Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) has reduced the passport validity required for foreign nationals to take advantage of the current immigration amnesty,

Those in the country with an expired residence status can now apply to have their status regularized if their passport has at least one month of validity remaining, rather than six months as previously.

During the amnesty period, which runs from 1 September 2024 to 31 October 2024, violators can either adjust their status or leave the country and will be exempt from any financial penalties in accordance with the Federal Law on the Entry and Residency of Foreigners.

5/19/24

Grace period for residency violations

The Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) has announced a decision to grant a grace period for individuals violating residency regulations.

Effective 1 September 2024 and lasting for two months, violators will be exempt from any financial penalties in accordance with the Federal Law on the Entry and Residency of Foreigners.

The Authority will undertake all necessary measures to implement this initiative, including waiving fines and legal consequences, allowing violators to either adjust their status or leave the country with ease.

5/24/24

Government expands “work bundle” to cover all emirates

The UAE Government has announced the launch of the second phase of the Work Bundle, expanded to include all emirates through the digital Work in UAE platform, providing a range of services enabling private-sector companies, individuals, and investors to complete employment and residency procedures using a single unified, integrated platform.

The platform is built on the principle of requesting data only once, reducing duplication of procedures and requirements.

The Work Bundle was launched for Dubai in March 2024, and provides a range of services including issuing a new work permit, requesting a status adjustment, issuing and renewing a visa and employment contract, Emirates ID, residency and medical examination services, as well as cancelling a worker’s employment contract, work permit and residency.

The necessary steps are reduced from 15 steps requiring 16 documents to five steps needing only five documents. It also reduces the number of visits customers are required to make to service centres from seven to just two, significantly decreasing the processing time from 30 business days to just five.

New Blue Residency visa

On 15 May 2024, the Cabinet announced approval of a new, ten-year Blue Residency visa for specialists in the field of environmental conservation and sustainability.

This visa is given to supporters of environmental action, including members of international organisations, international companies, members of associations and non-governmental organisations, global award winners, and distinguished activists and researchers in environmental work. It is given to both Emiratis and resident advocates of the environment.

Sustainability advocates and experts interested in obtaining the UAE’s Blue visa can apply directly to Federal Authority for Identity, Citizenship, Customs and Port Security, or through nomination by competent authorities in the UAE.

3/15/24

“Work Bundle” initiative to streamline applications

The UAE government has launched the “Work Bundle” initiative to facilitate employee residency procedures and work permits in private sector companies. The initiative will initially be implemented in Dubai and then gradually expanded to include other emirates.

The "Work Bundle" offers a single platform to

complete employment services including renewal, cancellation, medical examination, and fingerprinting.

The project is a result of close cooperation between federal and local government entities, including the Ministry of Human Resources and Emiratisation, the Federal Authority for Identity and Citizenship, Customs and Ports Security, the General Directorate of Residency and Foreigners Affairs in Dubai, and Dubai Health. It is supported by the Dubai Department of Economy and Tourism and by Digital Dubai, which provides the digital infrastructure and services to allow seamless data exchange between the relevant entities.

The "Work Bundle" provides one platform in place of five and reduces procedures from eight services to a unified single platform, while the required steps are reduced from 15 steps requiring 16 documents to five steps and five documents. The number of visits is reduced from seven to only two, which in turn affects the time taken to complete the procedure, which is reduced from 30 working days to five working days.

More information is available here.

3/8/24

New temporary work permit for medical professionals in Dubai

The Dubai Health Authority (DHA) has launched the Permit to Practice Initiative.

The initiative allows health facilities in Dubai to obtain a temporary permit for a healthcare professional who has not yet obtained their full licence. The professional can then practice at the facility for up to three months.

The medical director of the health facility can apply for the permit to practice from the health facility’s account.

  • The temporary permit is non-renewable and non-transferable;
  • Healthcare professional can be granted a temporary permit to practice once only;
  • The permit duration is selected by the healthcare facility with a maximum permit period of three months;
  • The medical director can submit only one application at a time;
  • The facility is responsible for ensuring the availability of valid malpractice insurance to cover the professional obtaining the temporary permit;
  • The facility/medical director is liable for all clinical/administrative services provided by the professional obtaining the permit;
  • The Dubai Health Authority reserves the right to immediately suspend or cancel the temporary permit to practice without notice in cases where fraudulent information is provided;
  • The application is subject to DHA review and, if rejected, a refund is not applicable;
  • Draft applications that are inactive for over three months will be cleared from the account. A 15-day reminder will be sent to the registered mail.
Close Open United Kingdom

April 2025 - Extended right to work checks for gig economy and zero-hours employers

The government has announced that it plans to introduce right to work checks to companies hiring people in the gig economy and zero-hours workers. Currently, companies using these flexible arrangements are not legally required to check the status of these workers.

Where businesses fail to carry out these checks, they will face hefty penalties already in place for those hiring illegal workers in traditional roles, including fines of up to £60,000 per worker, business closures, director disqualifications and potential prison sentences of up to five years.

All employers are required to check that job applicants have the right to work in the UK.

March 2025 - Application fees to increase from 9

As proposed by the government on 16 January 2025, the Home Office has now published updated immigration and nationality fees which are due to take effect from 9 April 2025.

Many of the fees will increase, including those for visit, study and work routes, for naturalisation and for sponsorship by employers.   There are no changes to optional premium services.

Some of the key fee increases for applications made outside the UK are listed below. Fees are also being increased for in-country applications.

Click here.

March 2025

UK (Update provided by Smith Stone Walters)

The Home Office will be implementing a fee increase on 09 April 2025. The major changes include:

Sponsorship:

  • Certificate of Sponsorship: from 239 GBP to 525 GBP
  • No change in the Immigration Skills Charge (ISC). It remains to be 1000 GBO per year of sponsorship for large sponsors.

For applications made outside the UK:

  • Skilled Worker Entry Clearance (duration is 3 years or less) – from 719 GBP to 769 GBP
  • Skilled Worker Entry Clearance (duration is over 3 years) – from 1420 GBP to 1519 GBP

For applications made inside the UK:

  • Skilled Worker (duration is 3 years or less) – from 827GBP to 885 GBP
  • Skilled Worker (duration is over 3 years) – from 1636 GBP to 1751 GBP
  • Indefinite Leave to Remain – from 2885 GBP to 3029 GBP

Immigration Health Surcharge

  • No change in HIS fees. It remains from 1035 GBP per year for applicants 18 years old and above, and 776 GBP per year for applicants below 18 years old at time of application.

 

Optional Premium Services

  • Premium service fees both outside and inside the UK remain the same at 500 GBP for Priority and 1000 GBP for Super Priority

The full list of fees can be found here. As these changes take effect on 09 April 2025, all applications submitted from that date will be impacted.

New statement of changes in immigration rules

On 12 March 2025, the government published a statement of changes in immigration rules (HC 733). An explanatory memorandum and a written parliamentary statement accompanied the statement of changes. Most of the changes take effect on 9 April 2025.

Introduction of a visit visa requirement on Trinidad and Tobago

 

Effective 12 March 2025, the government has introduced a visa requirement on all visitors from Trinidad and Tobago. Nationals of Trinidad and Tobago will also be required to obtain a direct airside transit visa if they intend to transit via the UK having booked travel to another country. The visa requirement comes into force at 15:00 GMT today.

As a result, nationals of Trinidad and Tobago will no longer be eligible to apply for an electronic travel authorisation for travel to the UK.

There will be a six-week, visa-free transition period for those who already hold an electronic travel authorisation and confirmed bookings to the UK obtained on or before 15:00 GMT on 12 March 2025 where arrival in the UK is no later than 15:00 BST on 23 April 2025.

Arrangements are in place so that nationals of Trinidad and Tobago can apply for visas.

Changes to the Ukraine scheme

 

The Ukraine permission extension scheme (UPE) opened on 4 February 2025, and allows Ukrainians, and their eligible family members, who have been living in the UK with permission under one of the existing routes within Appendix Ukraine scheme, or outside the immigration rules in specified circumstances, to apply for a further period of 18 months’ permission to stay in the UK.

The government is making some minor changes to UPE to extend the validity requirements further. This will include bringing in scope children under 18 who were granted leave to enter the UK outside the immigration rules so they could join or stay with their parents who already held Ukraine scheme permission. Going forward, a change to the Homes for Ukraine scheme guidance that was published on 31 January 2025 will enable eligible parents to sponsor their children to come to the UK under the Homes for Ukraine route. However, making this change to the UPE requirements now will enable children who have already been granted leave outside the rules in these circumstances to align their status with their parents by enabling them to apply to UPE when their current permission is due to expire.

There will also be some minor drafting changes to the eligibility rules for UPE to better reflect the existing policy intention.

Changes are also being made to the Homes for Ukraine (HfU) scheme, to include the “approved sponsor” requirements for eligible minors in both validity and eligibility sections of the rules. This will enable decision makers to determine applications which do not have an approved sponsor. The definition of parent will be aligned across HfU and UPE, so it is consistent with the wider immigration system. A requirement is being introduced that parents who wish to be joined by their children in the UK under the HfU scheme must be lawfully resident in the UK.

Finally, changes to the immigration rules were laid in November 2024 (HC 334) to end the use of “permission to travel” (PTT) letters on the Ukraine schemes from 13 February 2025 onwards. The rules currently allow PTT arrivals to vary their permission in country within six months of their arrival. As there will be no further PTT arrivals from 13 February 2025, no one will be able to vary their permission in this way from 13 August 2025 onwards. This provision is being removed from the rules from that date, as it will no longer be required.

Changes relating to the EU settlement scheme (EUSS)

 

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK before the end of the post-EU exit transition period at 11 pm on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK, consistently with the citizens’ rights agreements.

The main changes:

  • enable a non-EEA national applicant to use a UK-issued biometric residence card or permit which has expired by up to 18 months as proof of their identity and nationality;
  • confirm that a person with a pending administrative review of an EUSS decision, who has not left the UK or has been granted entry into the UK—except on immigration bail—will not be removed from the UK;
  • confirm that a person who became an EU, other EEA or Swiss citizen after the end of the transition period cannot sponsor an EUSS family permit application; and
  • enable an application to be refused on suitability grounds, without a deportation or exclusion order being in place, where the applicant’s conduct before the end of the transition period meets the relevant EU law public policy test applicable under the agreements.

Changes relating to care workers in the skilled worker route

 

The government is making changes to address the growing pool of care workers and senior care workers in the skilled worker route who no longer have sponsorship, because their sponsors have been unable to offer sufficient work and or have lost their sponsor licences.

The changes require providers to try to recruit from this pool of workers who are seeking new employment, before seeking to sponsor new recruits from other immigration routes or from overseas.

The changes do not apply to workers outside England, or where providers are seeking to sponsor someone switching from another immigration route who has already been working for them for at least three months.

Changes to the minimum salary for skilled worker visas

 

A routine change is being made to update the minimum salary floor from £23,200 per year, or £11.90 per hour, to £25,000 per year, or £12.82 per hour. It is standard practice to update this and other salary requirements across work visa routes each year, using the latest annual survey of hours and earnings (ASHE) data from the Office for National Statistics (ONS). This ensures these salary requirements continue to reflect the latest pay situation for UK workers. As the Government intend to shortly publish an immigration White Paper, the changes are being limited to only updating the minimum salary floor. This is to ensure it reflects the latest ASHE data and remains significantly above the national living wage, which is also increasing in April 2025.

Appendix ETA—exemptions for British nationals (overseas)

 

  • British nationals (overseas) are removed from the list of nationalities requiring an electronic travel authorisation (ETA) for travel to the UK.
  • All children aged 18 and under visiting the UK in organised French school groups are exempted from the ETA requirement.

Other changes

 

  • A genuine intention to study rule has been added to Appendix Short-term Student to the Immigration Rules. This will enable caseworkers to refuse applications where they are not satisfied the applicant on this route has a genuine intention to study the course listed on their application and to leave the UK at the end of their course.
  • Minor changes are being made to the requirements for the Global Talent routes.
  • On 29 May 2025, a new definition of “nominated guardian” will be added to the immigration rules, relevant to Appendix Child Student.
  • New care and living arrangements requirements are being added to Appendix Child Student.
  • The free out-of-country error correction team is going to be expanded to cover cases in-country where there is an error in the conditions or time period in a grant of permission. 

Effective dates

For the changes that introduce a visa requirement on Trinidad and Tobago, due to safeguarding the operation of the UK’s immigration system, those changes will come into effect at 15:00 GMT on 12 March 2025. For the changes relating to the Ukraine scheme, those changes will come into effect on various dates from 2 April 2025, as detailed in the statement of changes. All other changes will come into effect on 9 April 2025

Europeans can now apply for Electronic Travel Authorisation

Effective 5 March 2025, eligible Europeans can apply for an Electronic Travel Authorisation (ETA) and will need one to travel to the UK from Wednesday 2 April 2025.

This expansion follows the rollout of ETAs to all eligible non-European nationals in 2024, including visitors from the USA, Canada and Australia, who now need an ETA to travel to the UK.

Applications for an ETA are submitted through the UK ETA app and most applicants currently receive a decision automatically in minutes. Prospective visitors can also apply on GOV.UK if they do not have access to a smartphone.

Applicants provide their biographic and biometric details and answer questions on suitability and criminality. Once an applicant has successfully applied, their ETA is digitally linked to their passport.

While most applications are approved quickly, it is still recommended to allow up to three working days to account for the small number of cases that require additional review.

An ETA currently costs £10 and allows multiple visits to the UK of up to six months over a two-year period, or until the holder’s passport expires - whichever is sooner. An ETA is not a visa, it is a digital permission to travel.

 

Extension of grace period for accepting expired BRPs and BRCs

 

As part of the transition to eVisas, the government has extended until 1 June 2025 the ‘grace period’ during which expired biometric residence permits (BRPs) or EUSS biometric residence cards (BRCs) can be accepted. The previous end date was 31 March 2025.

This allows people who have a BRP or BRC which expired on or after 31 December 2024, and who continue to hold underlying immigration status, to continue to use their expired document for international travel until the new end date.

From 2 June 2025, expired BRPs and EUSS BRCs will no longer be acceptable evidence of immigration status when travelling to the UK. 

Those yet to create an account to access their eVisa are encouraged to do so as soon as possible.

People with indefinite leave to remain (ILR, also known as settlement) who use an ink stamp or vignette in a passport to prove their rights can continue to use their documents as they do today, including for travel, but are encouraged to make the switch to an eVisa to take advantage of the benefits it brings.

Further information is available here and here.

 

Jan - 2025

Automatic granting of settled status

The Home Office has announced the introduction of a new process to automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EU Settlement Scheme (EUSS) application.

The EUSS allows EEA and Swiss citizens and their family members to continue living and working in the UK following its departure from the European Union.

Successful applicants to EUSS receive ‘pre-settled status’ or ‘settled status’:

  • pre-settled status is limited leave to enter or remain, usually granted if the applicant has been resident in the UK for less than 5 years
  • settled status is indefinite leave to enter or remain, usually granted if the applicant has been resident for at least 5 years.

Pre-settled status holders currently need to make a further application to the EUSS after they’ve completed the required residence in the UK (usually 5 years) in order to obtain settled status.

Under the new process, the Home Office will email pre-settled status holders who are approaching the expiry of their status to inform them that they may soon be considered for an automated conversion to settled status. The government expects to issue the first grants of settled status under this process from late January 2025. Pre-settled status holders will not need to do anything, and will be informed if they cannot be granted settled status.

The Home Office will automatically check pre-settled status holder records against government-held information, for example to ensure they have remained resident in the UK, and to check for any evidence of criminal conduct. These checks are the same as the checks undertaken when the person first applied to the EUSS and will ensure they are eligible for settled status before it is granted.

Later in 2025, the Home Office intends to expand this process to enable more eligible pre-settled status holders to benefit from it. The Home Office is also considering the appropriate next steps for cases where a pre-settled status holder no longer meets the conditions of their pre-settled status, for example because they have not remained continuously resident in the UK. Further information will be provided in due course.

The Home Office already extends pre-settled status by 5 years for people approaching expiry of that status, to ensure that nobody loses their rights because they did not make a further EUSS application.

Pre-settled status holders don’t need to wait to be converted to settled status. They can still apply for it as soon as they are eligible at www.gov.uk/eusettlementscheme. The introduction of this automated process will not prevent people from doing so.

These changes will support the Home Office implementation of the High Court judgment in the judicial review brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) concerning pre-settled status holders under the EUSS.

Proposed changes to immigration fee rules

On 16 January 2025, the government laid changes before parliament that, if adopted, will increase certain immigration fees.

Through the immigration and Nationality (Fees) (Amendment) Order 2025, the government proposes to increase the maximum amounts that can be charged (‘fee maxima’) for an Electronic Travel Authorisation (ETA), for approval of sponsorship by a sponsor on work visa routes, and for naturalisation as a British citizen or a British Overseas Territories citizen and certain nationality related services.

The government aims to implement the following fee increases:

  • Electronic Travel Authorisation (ETA) fee rising to £16;
  • Certificate of sponsorship fee rising to £525;
  • Naturalisation as a British citizen rising to £1605;
  • Naturalisation as a British overseas territories citizen rising to £1070.

 

Separately, following feedback from the aviation industry, the government has agreed a temporary exemption to the ETA requirement for passengers who transit airside, and therefore do not pass through UK border control. This move will primarily affect Heathrow and Manchester airports, as the only UK airports which currently offer transit facilities. The exemption will be kept under review.

1st ballot of the 2025 Youth Mobility Scheme for Hong Kong and Taiwan youth

On 15 January 2025, the government announced that the first ballot for the 2025 Youth Mobility Scheme will open from 12:01am on Tuesday 4 February 2025 and close at 12:01am on Thursday 6 February 2025.

As in previous years there are a total of 1000 places available to Taiwanese youth for 2025, and 1000 places for Hong Kong youth.

Most places will be allocated during the first ballot in February, while the remaining places will be made available in a second ballot in the summer. Those who are successful in the ballot and go on to make an application and be issued a visa will be able to live, work and study in the UK for up to two years.

Once the ballot closes, allocations will be chosen at random by UKVI. Those who are successful will receive a second email by Tuesday 11 February 2025 to confirm acceptance and provide further instructions on how to start the online application, along with documentary evidence required to apply for entry clearance.

Applicants must submit a completed application and attend a visa application centre biometrics appointment by 12 May 2025 for the application to be considered.

Those who are unsuccessful in the ballot will receive an email within two weeks of the ballot closing. The results of the ballot are final. Unsuccessful applicants cannot appeal but can enter future ballots if they continue to meet the eligibility requirements.

Background

Applications for the Youth Mobility scheme visa can be submitted by nationals of Australia, Canada, New Zealand and South Korea aged 18 to 35; and nationals of Andorra, Hong Kong SAR, Iceland, Japan, Monaco, San Marino, Taiwan and Uruguay aged 18 to 30.

Applicants from Hong Kong or Taiwan must be selected in the Youth Mobility Scheme ballot before they can apply for their visa.

1/10/24

Updated guidance for sponsors of foreign workers

On 31 December 2024, the government published updated guidance for sponsors of workers and temporary workers.

The guidance has been updated to reflect a commitment given in the Written Ministerial Statement of 28 November 2024 to prohibit the passing on of Skilled Worker sponsor licence or Certificate of Sponsorship fees to sponsored workers by the end of 2024; to prohibit sponsors from sponsoring workers in a personal capacity; and to make some other minor amendments and clarifications.

New paragraphs have been added to prohibit sponsors from sponsoring workers in a personal capacity:

L1.7. We will not grant you a licence if you intend to sponsor workers in a personal capacity, such as in either of following circumstances:

  • you are an individual person or household who wishes to employ or engage a worker, or workers, in a personal capacity and you are not otherwise conducting business or providing a service in the UK
  • the worker, or workers, will be employed by, or engaged for the personal benefit of, an individual who works for your organisation, or a close relative or partner of that individual, and the role is unrelated to your organisation’s wider activities

L1.8. If you have, or are granted, a sponsor licence, you must not use your licence to sponsor workers in a personal capacity as defined above. If we find you have done this, we will normally revoke your licence. If you have previously been permitted to sponsor workers in a personal capacity, you must not assign any further Certificates of Sponsorship to sponsor workers on this basis.

The only exception to this rule is for private servants in the household of a diplomat or a member of a recognised international organisation, who can be sponsored under the “Sponsor an International Agreement worker” rules.

A new paragraph L6.17 expressly prohibits Skilled Worker sponsors from passing on the cost of the sponsor licence fee or associated administrative costs from 31 December 2024 or the Certificate of Sponsorship (CoS) fee (for CoS assigned on or after 31 December 2024) or the Immigration Skills Charge.

Further amendments and clarifications are listed here.

12/9/24

Expired residence permits can be used to travel until 31 March 2025

The UK government has announced that airlines and other carriers will be able to accept biometric residence permits (BRPs) and EU Settlement Scheme biometric residence cards (BRCs) expiring on 31 December 2024 or later as evidence of permission to travel to the UK, provisionally until 31 March 2025.

This policy will be kept under review. Passengers will remain subject to the usual immigration checks and requirements, and anyone seeking to enter the UK whose underlying immigration status has expired will be liable for refusal of entry.  

Most BRPs and BRCs expire on 24 December 2024. The government is urging everyone using a physical immigration document to switch to an eVisa. From 2025, the immigration status of all persons will be recorded electronically and will be accessible through an online United Kingdom Visas and Immigration (UKVI) account, linked to the person’s travel document.

12/4/24

Changes introduced to visa regime for Colombians and Ukrainians

On 26 November 2024, the UK government published a new statement of changes to the Immigration Rules, which introduces a visa requirement for nationals of Colombia, as well as a number of changes to the visa schemes for nationals of Ukraine. A written ministerial statement is here.

Colombian nationals

Effective immediately, a visa is required for nationals of Colombia travelling to visit or transit the UK.

Consequently, Colombia is removed from the list of countries whose nationals are able to apply for an Electronic Travel Authorisation (ETA) from 27 November 2024 for travel to the UK on or after 8 January 2025.

There will be a four-week, visa-free transition period for those who already hold confirmed bookings to the UK obtained on or before 15:00 GMT 26 November 2024 where arrival in the UK is no later than 15:00 GMT 24 December 2024.

According to the Uk government, this measure has been. taken due to an increase in the number of Colombian nationals travelling to the UK for purposes other than those permitted under visitor rules since the visa requirement was lifted in November 2022.

Ukrainian nationals

On 4 February 2025, the existing Ukraine Extension Scheme (UES) will close, and a new Ukraine Permission Extension (UPE) Scheme will open.

In February 2024, the UK Government announced that Ukrainians with permission under one of the Ukraine Schemes would be able to extend their permission for a further 18 months under the UPE, which will provide the same rights and entitlements to access work, benefits, healthcare, and education that Ukrainians have enjoyed under the existing schemes. The scheme will also be fee-free, with applications being accepted within the last 28-days of their current permission expiring – in line with most other visas routes – to ensure Ukrainians have sufficient time to apply to the scheme.

Applicants will be required to have been resident in the UK (and Islands) and/or Ukraine since holding permission under the Ukraine Schemes.

Under UPE, children will need adequate care and accommodation arrangements in place in order to meet our safeguarding obligations. Where a child is not in the UK with their parent, the government will seek parental consent to confirm their current living situation. In some cases, referral to the Local Authority where the child is living will be necessary.

Where a Ukrainian child is resident in the UK with their parent and both hold permission under the Ukraine Schemes, the child's period of permission granted to them under UPE will be aligned with that of their parent.

In May this year, the Ukraine Extension Scheme (UES) was closed to all individuals, except to UK-born children with a parent who has, or has had, Ukraine scheme permission, who have still been able to apply under UES to regularise their permission in the UK.

Upon the opening of the UPE scheme in early 2025, the UES route will be closed completely and UK-born children will instead apply through UPE, though they will not need to have had prior permission.

Additionally, the government is ending the use of permission to travel (PTT) letters on the Ukraine schemes, effective 13 February 2025. PTT letters were issued as part of an exceptional biometric deferral application process, implemented in response to the full-scale invasion of Ukraine, to allow those fleeing war to quickly reach sanctuary in the UK. However, this process closed to new applicants on 7 December 2023 and all Ukraine scheme applicants are now required to attend a Visa Application Centre (VAC) to provide their biometrics before travelling.

Applicants who have been issued with a PTT letter but not yet travelled to the UK, can use it before restrictions take effect. Any applicants who have not travelled to the UK when the restrictions take effect will be informed that their PTT letters can no longer be used.

The Homes for Ukraine scheme will remain open and uncapped for those who wish to reapply for sanctuary in the UK. 

Changes to Long Residence route

The government is making a minor change to the eligibility requirements for the Long Residence route, effective 18 December 2024, to make clear that permission to stay in the UK under the Ukraine Schemes, including the new UPE, cannot be used to qualify for permission to stay or settlement under the Long Residence route. This change brings the Rules in step with the already established policy position.

Electronic Travel Authorisation now open to non-Europeans

From 27 November 2024, all eligible non-European visitors can apply for an Electronic Travel Authorisation (ETA) and will need one to travel to the UK from 8 January 2025.

Eligible Europeans will be able to apply for an ETA from 5 March 2025 and will need an ETA to travel to the UK from 2 April 2025. From April 2025, all visitors to the UK who do not need a visa for short stays and who do not already have a UK immigration status will need an ETA.

Eligible visitors should apply for their ETA through the UK ETA app. Visitors can also apply via the gov.uk website if they do not have access to a smartphone.

An ETA costs GBP 10, permits multiple journeys, and lasts for two years or until the holder’s passport expires – whichever is sooner. Once granted, ETAs are digitally linked to a traveller’s passport and allow for stays of up to six months at a time – including both short trips and more extended stays. An ETA is not a visa, it is a digital permission to travel.

All travellers to the UK – except British and Irish citizens – will need permission to travel in advance through either an ETA or an eVisa.

11/22/24

Changes to visa application services

The UK has provided more information on upcoming changes to its visa application services.

It was previously announced that, between September 2024 and January 2025, the commercial provider would change from TLScontact to VFS Global in some locations in Africa, Europe, the Middle East and Central Asia.

  • From 19 November 2024, the commercial provider changed in Angola, Botswana, Cameroon, Egypt, Ethiopia, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, Tanzania, Turkmenistan, Uganda, Zambia and Zimbabwe.
  • From 4 December 2024, the commercial provider will change in Albania, Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Germany, Ireland, Italy, Netherlands, Russia, Serbia, Spain and Switzerland.
  • From 14 January 2024, the commercial provider will change in Armenia, Finland, Georgia, Greece, Hungary, Iceland, Kosovo, Latvia, Lithuania, Malta, Moldova, Montenegro, North Macedonia, Norway, Poland, Portugal, Romania, Slovenia, Sweden.

More locations and dates will be added to this page.

These changes will not affect the decision on an application or how long it takes to get a decision.

Those whose applications are affected will receive emails from TLScontact and VFS Global. Those who have already booked an appointment with TLScontact should attend the appointment as normal.

10/29/24

New UK visa application supplier in Ghana

The Foreign Office has announced that, effective 22 October 2024, anyone in Ghana applying for visas to enter the UK will need to use a new visa application centre (VAC).

The UK’s third-party VAC supplier in Ghana is changing to VFSGlobal on this date. This means applicants in Ghana will need to complete their applications with VFSGlobal, even if they have begun the process with the previous supplier, TLScontact.

Affected applicants will be contacted by email. However, this change will not affect visa application decisions, processing times or prices.

The change is expected to lead to shorter biometric and application submission times on average.

The UK’s global network of VACs is managed by third party suppliers on behalf of UK Visas and Immigration (UKVI).

The new location for the Ghanaian VAC is Mezzanine Floor, Grand Oyeeman Building, South Liberation Link, Accra.

10/14/24

Changes to visa application services

The UK has provided more information on upcoming changes to its visa application services.

Applications outside the UK

It was previously announced that, between September 2024 and January 2025, the commercial provider would change from TLScontact to VFS Global in some locations in Africa, Europe, the Middle East and Central Asia.

The visa application centre in Belgium, has been operated by VFS Global since 3 October 2024.

From 22 October 2024, VFS Global will operate visa application centres in these locations:

  • Algeria
  • Democratic Republic of the Congo
  • Gabon
  • Gambia
  • Ghana
  • Ivory Coast
  • Kenya
  • Madagascar
  • Mauritius
  • Morocco
  • Seychelles
  • South Africa
  • Tunisia

From 5 November 2024, VFS Global will operate visa application centres in these locations:

  • Cyprus (North)
  • France
  • Iraq
  • Israel
  • Jordan
  • Kazakhstan
  • Kyrgyzstan
  • Lebanon
  • the Occupied Palestinian Territories
  • Tajikistan
  • Turkey
  • Ukraine
  • Uzbekistan

More locations and dates will be added to this page.

These changes will not affect the decision on an application or how long it takes to get a decision.

Those whose applications are affected will receive emails from TLScontact and VFS Global. Those who have already booked an appointment with TLScontact should attend the appointment as normal.

Applications inside the UK

On 15 October 2024, the commercial partner for UK Visa and Citizenship Application Services will change from Sopra Steria to TLScontact. Appointments on or after 15 October will be at TLScontact service points.

You do not need to do anything.

This change will not affect:

  • the decision on your application
  • how long it takes to get a decision
  • how many appointments are available.

9/13/24

Statement of Changes establishes Electronic Travel Authorisation system

On 10 September 2024, the Home Office published a Statement of Changes to the Immigration Rules. A written ministerial statement was also made in Parliament.

The principal changes are as follows:

Imposition of a Visa regime on Jordan

Effective immediately, the changes impose a visa regime on Jordan.

  • This means the Home Office will be able to assess an individual against the requirements of the Immigration Rules prior to them traveling to visit or transit the UK; where it is not satisfied that an individual meets these requirements, the Home Office can refuse their application for a visit visa.
  • Following the lifting of the visa regime in February 2024, there has been a significant increase in Jordanian nationals who have travelled to the UK for purposes that are not permitted under the visit and Electronic Travel Authorisation (ETA) provisions, such as to live, work or claim asylum in the UK.
  • The imposition of the visa regime will include a transition period for Jordanian nationals to travel to the UK without a visa where they hold a valid ETA and confirmed travel booking prior to the imposition. This period will commence at the same time as the visa regime is imposed and run until 28 days after the imposition date. During this period, Jordanian nationals who hold both a confirmed travel booking to the UK for travel within the 28-day transition period at the time of imposition, and who hold a valid ETA before the time of the imposition, and where arrival in the UK is no later than 28 days after the imposition, will not be required to obtain a visit visa before travel. Those who do not meet these conditions during the transition period will require a visa. Jordanian nationals who hold confirmed bookings for travel to the UK on a date after the transition period ends will need to obtain a visa in advance of travel. Amending the date of travel on a confirmed booking to an earlier date that falls within the transition period would still require the person to have a visa and they would not be permitted to travel on their ETA.
  • The visa imposition will also be accompanied by amendments to the Immigration (Passenger Transit Visa) Order 2014, to ensure that Jordanian nationals will also require a direct airside transit visa (DATV) when conducting airside transit travel. Airside transit passengers are those who do not need to change airports and do not need to pass through the UK border.

Implementation of the UK Electronic Travel Authorisation (ETA) scheme

A change is being made which extends the requirement to obtain an ETA to all nationalities who can currently travel to the UK without a visa and sets out the date from which the requirement applies.

  • An additional Appendix will be inserted following Appendix Electronic Travel Authorisation, to set out the remaining rollout for all non-visa nationalities to be onboarded onto the ETA scheme:
    • The requirement already applies to nationals of Qatar, Bahrain, Kuwait, Oman, UAE and Saudi Arabia.
    • The ETA requirement will apply to all remaining non-European visa-exempt nationalities for travel to the UK on or after 8 January 2025; the ETA will be available for these nationalities from November 2024.
    • The ETA requirement will apply to all European visa-exempt nationalities for travel to the UK on or after 2 April 2025; The ETA will be available for these nationalities from March 2025.
  • Changes are being made to amend the suitability criteria relating to overstayers, which will bring ETAs in line with the current approach to visitors under part 9 which is applied across other routes.
  • Changes are also being made to specify that the passport provided in the application process must be a national passport and establish a nationality eligible for an ETA.
  • Finally, the ETA suitability criteria are being expanded to include two additional suitability grounds:
    • Firstly, those that have previously been refused a visit visa or permission to enter as a visitor will be refused an ETA, unless a visit visa has been granted subsequent to the refusal or a valid permission was held and not cancelled as a result of the refusal.
    • Secondly, this change will allow for refusal where the applicant has previously had an ETA cancelled for reasons not relating to suitability.

End Diplomatic Visa Waivers and introduce a “Diplomatic Visa Arrangement” (DVA) Visitor visa

A new Diplomatic Visa Arrangement visa route, which will replace Diplomatic Visa Waivers with select visa national countries, will provide a bespoke visitor visa for select diplomatic passport holders. The route aims to support and better facilitate official travel to the UK but will also enable DVA visitors to undertake a range of standard visitor activities.

  • DVA visa applications must be supported by the government of the applicant’s nationality though the inclusion of the applicant’s name in a Note Verbale provided by their government to the UK. The applicant must complete a DVA visitor visa light- touch application form, which does not incur a fee. There is no requirement to provide fingerprint biometrics. Applicants will normally be issued a two-year multi-entry visit visa, with a maximum stay of six months on each visit. Applicants must be over 18 years old.
  • There will be a three-week transition period between the introduction of DVA and the withdrawal of DVW to ensure that those applying for DVA visas have sufficient time to obtain a visa prior to the withdrawal of There are six months prior to implementation of these provisions to enable the countries which currently have DVW to prepare for the transition.

Introduction of the VIP Delegate Visa

This change implements a long-term solution for a capped number of delegates accompanying heads of state and government ministers visiting the UK on official government business, by introducing a new route and product: the VIP Delegate Visa.

  • The upper limit for the number of applicants eligible for this route will be set at 20 for heads of state delegations and 10 for ministerial delegations.
  • Applicants eligible for the product will be expected to submit a light touch application form, along with providing biographical information and a facial image. This legislation will not introduce an application fee and there will be no requirement for applicants to submit fingerprints.

Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997

Changes are being made to Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997, to allow bereaved partners and their dependents to benefit from a fee waiver if they are destitute.

Changes to the EU Settlement Scheme (EUSS)

In accordance with the Citizens’ Rights Agreements, the changes in respect of the. Immigration Rules for the EUSS in Appendix EU are as follows:

  • To refer to the scope for the Secretary of State to automatically convert pre-settled status under the EUSS to settled status (indefinite leave to enter or remain under Appendix EU) where the person qualifies for this and without the need for them to make a further valid application.
  • To apply the procedural provisions in Annex 2 to the consideration of whether a person granted limited leave to enter or remain under Appendix EU continues to meet eligibility requirements.
  • To enable a child applying to the EUSS who was resident in the UK before the end of the transition period, and has turned 21 years of age since then, to rely on the fact that they were aged under 21 at the end of the transition period and therefore have to meet no requirement as to dependency on their parent(s).
  • To enable an EEA or Swiss citizen applying to the EUSS as a family member who has retained the right of residence, following the death or divorce of the relevant EEA or Swiss citizen who was resident in the UK before the end of the transition period, to meet simpler criteria.
  • To require a joining family member to apply to the EUSS within three months of their first (not latest) arrival in the UK since the end of the transition period (or later where there are reasonable grounds for their delay).
  • To enable limited leave to enter or remain granted under the EUSS (also referred to as pre-settled status) to be curtailed (subject to a right of appeal) for helping a person after the end of the transition period to obtain, or to attempt to obtain, EUSS leave or an EUSS family permit fraudulently.

There are several other minor changes, set out in the Statement of Changes and its accompanying Explanatory Memorandum.

9/9/24

Error in going rate salaries for some occupations in immigration rules

The Home Office has confirmed errors in the salary going rates for certain occupation codes as published in the statement of changes to the immigration rules in March 2024.

The Home Office advises sponsors of skilled workers to refer instead to the going rates in the guidance which was updated with the correct, lower rates on 10 July 2024.

For example, the correct going rate for ship and hovercraft officers (occupation code 3512) is GBP 50,200 (as stated in the updated guidance) rather than GBP 66,300 (as listed in Appendix Skilled Occupations of the immigration rules).

The salary changes announced on 14 March 2024, which took effect on 4 April 2024, increased the general salary threshold for the skilled worker route from GBP 26,200 to GBP 38,700. The going rate salary is now based on the median salary for the occupation code, rather than the 25th percentile as previously.

Under transitional provisions, individuals granted permission as a skilled worker under the rules in place before 4 April 2024 and who have held continuous permission as a skilled worker since. For these individuals a lower general salary threshold of GBP 29,000 applies, as well as a lower going rate based on the 25thpercentile for their occupation code. This also applies to workers sponsored for a Health and Care visa, or in occupations where going rates are set using national pay scales.

The Home Office has promised to correct the erroneous going rates in the immigration rules in the autumn.

8/30/24

New Super Priority Visa service in Hong Kong

The Super Priority Visa (SPV) service is now available to those applying for a UK visa in Hong Kong.

A Super Priority Visa (SPV) is an optional, paid-for service that customers in select locations around the world can purchase, in addition to the visa fee, to receive a faster decision on their visa application. 

This is the first time customers in Hong Kong will be able to take advantage of the optional service. 

Customers who choose SPV will usually receive a decision on their UK visa application by the end of the next working day if the appointment is on a weekday. It could take two working days after the appointment if the appointment is at the weekend or on a bank holiday. 

Customers should be aware that it can take longer than two working days, for example if the Home Office needs to ask for more information. 

The fee for the Super Priority Visa Service is currently GBP 1000, plus the standard fee for the type of visa being applied for.

The processing time for a Standard UK visa is 15 working days, although this excludes evenings, weekends or national, public holidays, and in some instances applications may take longer. 

 

Additional information

 

  • UKVI starts processing an application only once the applicant attends their appointment at the VAC to provide fingerprints and a photograph.
  • If the decision takes longer, the applicant will not usually get their money back.
  • Using the priority service usually takes up to 30 working days for Family visa applications from outside the UK for applications as a partner or spouse; a parent, a child; or an adult coming to be cared for by a relative.
  • Applicants cannot get a decision by the end of the next working day if they use the ‘UK Immigration: ID Check’ app.
  • The SPV service is currently not available for (BN(O) visa applicants. Further announcement will be made in due course if there are any changes to this although customers applying for a BN(O) visa already have the option of a five-day Priority Visa (PV) service as part of their application process.

8/19/24

Government pauses salary threshold increases

The new Home Secretary has announced in a statement to Parliament that the government will freeze the minimum income requirement for Skilled Worker visas at the current level of GBP 29,000 until the Migration Advisory Committee (MAC) has reviewed the financial requirements in the family immigration rules.

The previous government planned to increase the Skilled Worker salary threshold by 48% from GBP 26,200 to GBP 38,700.

The Home Secretary states that the government will continue to implement other changes introduced by the previous government in 2024, including:

  • Restricting most overseas students from bringing family members to the UK.
  • Restricting the ability of care workers and senior care workers to bring dependants with them and requiring all care providers sponsoring migrants to register with the Care Quality Commission.
  • Abolishing the 20% going rate discount, so that employers can no longer pay migrants less than UK workers in shortage occupations.

The government has also commissioned the MAC to review the IT and engineering sectors. These sectors have consistently, over a decade or more, been included on shortage occupation lists and relied on significant levels of international recruitment. They are in the top 10 occupational groups in the UK that have the highest percentage of their workforce made up of new foreign workers who have been issued visas.

7/12/24

2nd ballot of the 2024 Youth Mobility Scheme for Taiwanese youth

The second ballot for the 2024 Youth Mobility Scheme for Taiwanese youth will open in July. 

800 places were allocated during the first ballot in February, while the remaining 200 places will be made available in the second ballot in July. Successful applicants will be able to live, work and study in the UK for up to two years.

Applications are submitted by email, according to the instructions here. The email account will only be open for 48 hours between 00:01 on Tuesday 23 July 2024 and 00:01 on Thursday 25 July 2024 (Taiwan time) and all emails received within this timeframe will be sent an automated reply confirming receipt. 

Once the ballot closes, allocations for the 800 places will be chosen at random by UK Visas and Immigration (UKVI). Successful applicants will be sent a second email by 31 July 2024 to confirm acceptance and provide further instructions on how to start their application, along with documentary evidence required to apply for their entry clearance.

Successful applicants must prepare online applications and online credit card payments and attend a Visa Application Centre biometrics appointment by 31 October 2024.

Taiwanese youth living overseas can also apply following the instructions above and, if chosen to apply, they will be able to do so in their country/territory of residence. Applications cannot be submitted for the Youth Mobility Scheme in the UK.

Unsuccessful applicants will receive an email by 31 July 2024.

Next date announced for India Young Professionals Scheme ballot

UK Visa and Immigration (UKVI) has announced that the next ballot for the India Young Professionals Scheme will open at 1:30pm India Standard Time (IST) on 16 July 2024 and will close at 1:30pm IST on 18 July 2024.

Anyone intending to apply for a visa for the India Young Professionals Scheme must enter the ballot and can do so at any time while the ballot is open.

  • The ballot is open to Indian citizens who are eligible for the India Young Professionals Scheme visa.
  • Successful entries will be picked at random. Results will be sent by email within two weeks of the ballot closing.

6/28/24

Updated guidance on right-to-work checks

On 21 June 2024, the Home Office issued updated guidance for employers on right-to-work checks.

The principal updates are as follows.

EU Settlement Scheme (EUSS).

The guidance confirms that employers no longer have to conduct repeat right-to-work checks on holders of pre-settled status under the EU Settlement Scheme (EUSS). Accordingly, a check on holders of pre-settled and settled status is only required before the work starts.

In May 2024, the government announced it would extend the duration of pre-settled status extensions from two to five years, and remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove; and also that employers, landlords and letting agents will not be required to conduct a further right to work or rent check where the individual remains in their employment or as part of that tenancy agreement.

Biometric Residence Permits (BRPs)

The guidance clarifies that an employer does not need to recheck an employee’s permission until their permission is due to expire, even if their physical BRP card is due to expire on 31 December 2024.

Physical residence documents are to be phased out by the end of 2024 and replaced with digital proof of immigration status (eVisas). Therefore, employers may see BRP cards with an expiry date of 31 December 2024, even though the holder has permission to stay in the UK beyond that date. The holder’s online profile will display the expiry date of their immigration permission.

Where 31 December was taken as the expiry date, a follow up check will be required.

Asylum claimants

The guidance clarifies the requirements for employers of asylum claimants with Application Registration Cards (ARCs) issued as proof that they have made an asylum claim.

Claimants can apply for and may be granted permission to work if their claim has been outstanding for more than 12 months through no fault of their own.

Those granted permission to work on or before 3 April 2024 are restricted to working in jobs on the shortage occupation list. Their ARC will state “work permission shortage OCC”.

Those granted permission to work on or after 4 April 2024 are restricted to working in jobs on the Appendix: Immigration Salary List. Their ARC will state “Permission to work para 360”.

Employers oof asylum claimants can accept an ARC provided that they verify the right to work and any work restrictions by obtaining a Positive verification notice (PVN) issued by the employer checking service (ECN). This excuse will expire within six months from the date of the PVN, before which expiry date a follow-up check must be carried out if the statutory excuse is to be retained.

5/24/24

Upcoming changes to EU Settlement Scheme announced

On 21 May 2024, the Home Office announced further changes to pre-settled status under the EU Settlement Scheme (EUSS).

The changes support the Home Office’s practical implementation of the High Court judgment in the judicial review proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA). In response to that judgment, in July 2023 the Home Office confirmed that, from September 2023, people with pre-settled status under the EUSS would automatically have their status extended by two years before it expires if they have not obtained settled status.

Now the Home Office has announced that it will increase the duration of pre-settled status extensions from two to five years, and will also remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove.

Alongside this change, employers, landlords and letting agents will not be required to conduct a further right to work or rent check where the individual remains in their employment or as part of that tenancy agreement.

In July 2023, the Home Office stated that it would automatically convert as many eligible pre-settled status holders as possible to settled status once they are eligible for it, without them needing to make an application. This is not mentioned in the most recent announcement.

Changes to the Creative Worker route

Effective 16 May 2024, the government updated the sponsorship requirements for the Creative Worker route to reflect changes previously published in the Statement of Changes of 14 March 2024.

The principle change is that creative roles no longer need to fall under the Immigration Salary List (formerly known as the Shortage Occupation List). This is expected to broaden the situations in which this route can be used by employers.

In the new guidance, the sponsor must ensure that:

  • they have complied with the relevant code of practice in Appendix Creative Worker Codes of Practice, if one exists for the role; OR
  • if there is no code of practice, that the role is in the creative industries and is in an occupation code listed in any of the tables of Appendix Skilled Occupations; and that the worker will be making a unique contribution to creative life in the UK.

Appendix Creative Worker Codes of Practice covers the following seven areas:

  • ballet
  • dancers (other than ballet)
  • performers in film and television
  • performers in opera
  • performers in theatre
  • workers in film and television
  • models in the fashion industry.

Occupation codes in Appendix Skilled Occupations include, among others:

  • 3411: Artists
  • 3412: Authors, writers and translators
  • 3413: Actors, entertainers and presenters
  • 3414: Dancers and choreographers
  • 3415: Musicians
  • 3416: Arts officers, producers and directors
  • 3417: Photographers, audio-visual and broadcasting equipment operators
  • 3421: Interior designers
  • 3422: Clothing, fashion and accessories designers.

Those sponsoring a worker who applied for entry clearance or permission before 16 May 2024, and who met the requirements of the Immigration Rulers in force before that date on the basis that their role is in a shortage occupation, must ensure the job was listed in Appendix Immigration Salary List (or its predecessor Appendix Shortage Occupation List) on the date the Certificate of Sponsorship (CoS) was assigned.

Pop-up visa application centre in Guinea

The UK government has announced that from 28 to 30 May 2024 only, applicants can submit their UK visa application at the British Embassy in Conakry, Guinea.

Only applications for a visit visa (for a validity of six months, two years, five years or ten years) can be made at the “pop-up” visa clinic. Applicants for other visa routes (such as student, work, settlement) will not be able to use this service.

Limited appointments are available, so places should be booked as soon as possible.

Note that individuals should not apply through this clinic if they need your passport within a month of submitting the application. Passports will have to be sent to Ghana for processing and the British Embassy in Conakry will have no access to them until a decision has been made and they have been returned to Conakry.

For those applying for a six-month visa, the intended date of travel to the UK should not be after December 2024.

5/17/24

Migration Advisory Committee publishes rapid review of Graduate route

On 14 May 2024, the Migration Advisory Committee (MAC) published its rapid review of the Graduate route commissioned by the government in March 2024. The MAC recommends retaining the Graduate in its current form.

The accompanying letter states:

We have not found evidence of widespread abuse on the Graduate route, where we define abuse as deliberate non-compliance with immigration rules, and we conclude that the route is not undermining the integrity and quality of the UK higher education system. However, we have reason to believe that some agents and subagents recruiting international students are mis-selling UK higher education and exploiting students in the process. We expect the impact on public finances of Graduate visa holders on the route to be small but positive, as most appear to work, are young, and have no recourse to public funds.

The MAC also notes:

The changes to the rules on student dependants which were implemented in January and are in effect a change to the dependant rules of the Graduate route, will likely have a significant effect on Graduate route usage going forward. Whilst initial data suggests these changes are already substantially reducing international student numbers, we believe their full impact should be assessed before considering further changes.

The MAC also recommends:

  • that the government establishes a mandatory registration system for international recruitment agents and subagents to help ensure that the quality of UK higher education is upheld, and students are protected from exploitation; and
  • that the government only opens new routes or makes significant policy changes when it has a plan for how it will collect and monitor data to assess the effectiveness of the route and understand wider impacts.

 

5/10/24

Government extends seasonal worker visa route for 5 years

The UK government has announced that it will extend the seasonal worker visa route for five years until 2029, “to give businesses time to plan effectively… to invest in automation and move away from a reliance on migrant labour”.

43,000 visas will be available to the horticulture sector in 2025, with another 2000 visas for poultry. Further detail of the number of visas available for 2026 to 2029 will be set out later this year. This represents a reduction of 2000 visas in addition to removing the extra 10,000 visas potentially available if sector demand had required.

The Migration Advisory Committee’s ongoing inquiry into the Seasonal Worker visa route is due to be published in summer 2024.

4/19/24

Holders of biometric residence permits invited to switch to eVisas

On 17 April 2024, the government began to send emails to all those with physical immigration documents, called biometric residence permits (BRPs), inviting them to create a UK Visas and Immigration (UKVI) account to access their eVisa, a digital proof of their immigration status.

Invitations will be issued in phases before the process opens to all BRP holders in summer 2024.

Creating a UKVI account is free of charge and does not affect immigration status or rights. Millions of foreign nationals in the UK already use eVisas across routes including the EU Settlement Scheme (EUSS). Most physical documents, such as biometric residence permits or cards (BRPs or BRCs), are being gradually phased out, with most BRPs expiring at the end of 2024.

Foreign nationals who already have an eVisa do not need to do anything as we make this change, but should continue to update their UKVI account with any changes to personal information, such as a new passport or contact details. They should tell the Home Office about any passport on which they intend to travel using the online Update your UK Visas and Immigration account details service on GOV.UK, if this is not already linked to their account, to avoid delays when travelling.

Those who have indefinite leave to enter or indefinite leave to remain (also known as settlement) and currently prove their rights through a different type of physical document, such as a wet-ink stamp in the passport or a vignette sticker, should make a ‘no time limit’ (NTL) application.

If the NTL application is successful, they’ll get a BRP to prove their rights. They should carry their BRP, along with their passport, when travelling internationally. Once they have a BRP, they’ll be able to create a UKVI account to access their eVisa later this year.

Those who have a biometric residence card (BRC) and have been granted status under the EU Settlement Scheme already have an eVisa and do not need to take any action to obtain one. They should continue to carry their BRC with them when they travel internationally.  

For those who have a BRC and have not been granted status under the EU Settlement Scheme, obtained another form of immigration leave, or become a British citizen, their BRC is no longer valid, even if it appears to still be in date. This is because the UK has left the EU, and the EU free movement law no longer applies.

To continue living in the UK they should get an immigration status as soon as possible. They may be able to make a late application to the EU Settlement Scheme as a family member of a relevant EU, other EEA or Swiss citizen. They should not travel internationally until they have obtained a proof of their immigration status.

4/5/24

New Super Priority Visa service in Indonesia

UK Visas and Immigration (UKVI) has launched a new Super Priority Visa (SPV) service in Jakarta, Indonesia.

Super Priority Visa (SPV) is an optional, paid service that customers in select locations around the world can purchase, in addition to the visa fee, to receive a faster decision on their visa application. This is the first time that customers in Jakarta will be able to take advantage of the optional service.

Customers who choose SPV will be able to receive a decision on their UK visa application by the end of the next working day, if the appointment is on a weekday. It could take two working days after the appointment, if the appointment is at the weekend or on a bank holiday.

Customers should be aware that it can take longer than two working days, for example if the Home Office requests more information.

The processing time for a Standard UK visa is 15 working days, although this excludes evenings, weekends or national, public holidays, and in some instances applications may take longer.

The very latest visa decision waiting times for each visa category are published on gov.uk. This also includes additional information about the priority services for those applying outside of the UK.

The fee for the Super Priority Visa Service is currently £1000, plus the standard fee for the type of visa being applied for.

3/22/24

Sponsorship Management System offline

In an update to Part 2 of its guidance for sponsors of foreign workers, the government has noted that the sponsorship management system (SMS) will be unavailable from 19:00 hours on 2 April 2024 until 09:00 hours on 4 April 2024.

The sponsor management system will be updated to implement the changes to the Immigration Rules which are due to take effect on 4 April 2024, including:

  • Replacing the Standard Occupational Classification (SOC) 2010 system currently used in Appendix Skilled Occupations with the SOC 2020 system – with changes to some occupation codes numbers and job descriptions; and
  • Increasing salary thresholds for skilled workers, global business mobility workers, scale-up workers and seasonal workers.

These changes will affect any application for entry clearance or permission supported by a Certificate of Sponsorship (CoS) assigned on or after 4 April 2024.

During this period, sponsors will not be able to:

  • Apply for a sponsor licence, apply to add routes to a licence, or renew a licence;
  • Apply for any Skilled Worker Defined Certificates (DCoS);
  • Ask to increase or renew the allocation of Undefined Certificates of Sponsorship (UCoS);
  • Assign any CoS to workers they wish to sponsor.

Sponsors will therefore need to take action if they wish to apply for or assign any CoS before these changes take effect:

  • Any applications outstanding at 7pm on 2 April 2024 will be cancelled and a new application will have to be made after 9am on 4 April 2024 based on the relevant SOC 2020 codes and revised salary thresholds.
  • Any DCoS granted before 7pm on 2 April 2024 with a SOC 2010 code must be assigned before that time and date or it will be cancelled.
  • Any UCoS with the status of “work in progress” or “ready to go” which has not been assigned by 7pm on 2 April 2024 will need to be updated with the relevant SOC 2020 code and with a salary that meets the revised salary thresholds before it can be assigned to a worker.
  • DCoS or UCoS which have been assigned to workers before 7pm on 2 April 2024 will not be cancelled and will remain valid for the normal 3-month validity.
  • Applications for entry clearance or permission made using these CoS will be considered with reference to salary thresholds and SOC 2010 codes under the Immigration Rules in place before 4 April 2024, even if the worker applies on or after that date.
  • Updated guidance for holders of physical immigration documents

    The UK government has updated its guidance for holders of physical immigration documents, as it replaces them with online records of immigration status, known as eVisas.

    Holders of a biometric residence permit (BRP) that expires on 31 December 2024, will be contacted by UK Visas and Immigration (UKVI) to explain how to create a UKVI account and access their eVisa before the expiry date of their BRP. 

    Those who have already been contacted to create an account, either by email or in a decision letter, can now follow the instructions sent by UKVI to create a UKVI account. 

    Those who have not yet been contacted about creating an account will be able to create their account and access their eVisa later in 2024.

    Those who have permission to stay in the UK will be able to sign in to the view and prove service to access their eVisa, once they’ve created their UKVI account.

    Those who have indefinite leave to enter or indefinite leave to remain (also known as settlement) and currently prove their rights through a different type of physical document, such as a wet-ink stamp in the passport or a vignette sticker, should make a ‘no time limit’ (NTL) application.

    If the NTL application is successful, they’ll get a BRP to prove their rights. They should carry their BRP, along with their passport, when travelling internationally. Once they have a BRP, they’ll be able to create a UKVI account to access their eVisa later this year.

    Those who have a biometric residence card (BRC) and have been granted status under the EU Settlement Scheme already have an eVisa and do not need to take any action to obtain one. They should continue to carry their BRC with them when they travel internationally.  

    For those who have a BRC and have not been granted status under the EU Settlement Scheme, obtained another form of immigration leave, or become a British citizen, their BRC is no longer valid, even if it appears to still be in date. This is because the UK has left the EU, and the EU free movement law no longer applies.

    To continue living in the UK they should get an immigration status as soon as possible. They may be able to make a late application to the EU Settlement Scheme as a family member of a relevant EU, other EEA or Swiss citizen. They should not travel internationally until they have obtained a proof of their immigration status.

3/15/24

Statement of Changes to increase minimum income requirements

On 14 March 2024, the Home Secretary laid before parliament a Statement of Changes to the Immigration Rules which implements several previously announced changes to the skilled worker and partner routes, and which comes into effect on 4 April 2024.

The Minister of State for Legal Migration and the Border has published a written statement setting out the changes.

Changes to the Skilled Worker Route

  • The general salary threshold is being raised from £26,200 (based on 25th percentile UK earnings in eligible occupations) to £38,700 (based on median UK earnings in eligible occupations). Going rates are also being raised from the 25th percentile to the median. The new thresholds and going rates are based on the latest Office for National Statistics (ONS) pay data. Workers sponsored for Health and Care visas, or in occupations where going rates are set using national pay scales, are exempt from the new median salary requirements. Instead, a general threshold based on the 25th percentile continues to apply, and is being updated from £26,200 to £29,000, based on the latest ONS pay data.
  • The Shortage Occupation List is being removed and replaced by a new Immigration Salary List (ISL). The contents of the new list have been informed by a review carried out by the independent Migration Advisory Committee (MAC). The MAC will carry out a full review of the list later in 2024. As with the previous list, included occupations have a 20% discount to the general salary threshold (to £30,960 or £23,200, depending on whether they would otherwise be subject to the £38,700 or £29,000 threshold), but the previous 20% discount to the going rate requirement is being removed.

These measures are on top of changes already implemented in March, where the government removed the right of care workers and senior carers to bring dependants, and introduced a requirement that care providers in England can only sponsor migrant workers if they are undertaking activities regulated by the Care Quality Commission (CQC).

Changes to the partner routes 

  • The financial requirement that must be met to sponsor a partner and child(ren) under the family rules, has increased to £29,000. This is the first step to bringing this requirement into line with the new minimum general salary threshold for skilled workers of £38,700. This will no longer include an additional income requirement for children.
  • The minimum income requirement (MIR) for HM Armed Forces (which includes the Royal Navy, the Royal Marines, the Army, including the Brigade of Gurkhas and the Royal Air Force) partner route has also been brought into line with the HM Armed Forces salary minimum threshold, which is currently £23,496. This will similarly no longer include an additional income requirement for children.
  • Other aspects of the MIR under both routes will remain unchanged, such as the various ways in which it can be met and the consideration of exceptional circumstances where it may not be met in certain cases. The rules also make transitional provisions for those already granted under the family or armed forces rules.

Changes relating to the EU Settlement Scheme (EUSS)

The changes expand the scope of the immediate settlement provisions in Appendix Victim of Domestic Abuse (VDA) to include a spouse, civil partner, or durable partner with pre-settled status under the EUSS (meaning that the relationship was formed before the end of the transition period), and their dependent children.

These dependents will also be included within the scope of the Migrant Victims of Domestic Abuse Concession (outside the Immigration Rules) so that they can obtain leave outside the rules with access to public funds pending the outcome of an application in the UK under Appendix VDA. This will ensure that partners of EEA and Swiss citizens with EUSS status are treated equally under these domestic abuse provisions, regardless of whether the relationship was formed before or after the end of the transition period.

A person granted immediate settlement under Appendix VDA will still be able to apply for settled status under the EUSS at the point at which they would otherwise have been eligible for it, based on their continuous residence in the UK. However, in line with Article 18(1)(h) of the Withdrawal Agreement, the changes also require a person resident in the UK before the end of the transition period – where they seek to obtain settled status under the EUSS in place of indefinite leave to enter or remain granted to them under another route – to have held their existing indefinite leave at the end of the transition period.

Immigration Salary List and Asylum

The government is replacing the Shortage Occupation List with a new Immigration Salary List. Eligible asylum seekers granted permission to work in the UK can currently only work in roles on the Shortage Occupation List. Given the Shortage Occupation List’s replacement with the Immigration Salary List, asylum seekers who are eligible and granted permission to work in the UK from 4 April 2024 will only be able to work in roles on the Immigration Salary List.

Changes to Appendix AR: Administrative Review EU 

Appendix AR: Administrative Review EU has been redrafted and simplified in line with Appendix AR: Administrative Review. It has also been amended to remove the scope to apply out-of-time for administrative review of a relevant EUSS decision taken before 5 October 2023. Individuals will have had more than five months to apply out-of-time for administrative review, and they will continue to be able to apply to the First-tier Tribunal to appeal out-of-time and the tribunal will consider that application on its merits. The scope to apply for administrative review of a relevant EUSS decision taken from 5 October 2023 was removed by HC 1780.

Updated guidance for sponsors of foreign workers

On 5 March 2024, the government released updated the Workers and Temporary Workers Guidance for Sponsors Part 3: Sponsor Duties and Compliance to clarify reporting requirements on hybrid and remote working, include details of revised reporting requirements for offshore workers, and advise sponsors whose licences are due to expire on or after 6 April 2024 they no longer need to apply to renew their licence.

On hybrid working, the guidance now states: 

“We recognise that many organisations have adopted a “hybrid working” model, where their workers work remotely (from either their home or another remote site, such as a work hub space) on a regular basis, as well as regularly attending a ‘traditional’ work location (such as one or more of your offices or branches, or a client site). 

You no longer need to tell us if a sponsored worker is moving to a hybrid working pattern but you must continue to report any changes to their main office work location, or of any new client sites, if applicable, and maintain suitable records of your sponsored workers’ working patterns.

You must, however, tell us, via your SMS account, if any sponsored worker is, or will be, working entirely remotely, with little or no requirement to attend your premises or a client site (a contractual home worker). In these cases, we reserve the right to ask you to explain why you need to sponsor the worker to come to the UK if (for example) they could work remotely from their home country.

You do not need to report day-to-day changes in work location (for example, if a worker occasionally works at a different branch or site, or from home). You need only tell us about changes to their regular working patterns”

The guidance has also been updated with a new procedure for sponsors notifying the Home Office of the dates when an offshore worker arrives in UK waters at the beginning of the job they are being sponsored for, and when they leave UK waters at the end of the job they are being sponsored for. these notifications for sponsored offshore workers must now be made via the online Sponsorship Management System (SMS), rather than via email.

The guidance has also been updated to reflect the previously announced change that sponsors will no longer need to renew their sponsor licence:

“If your licence is due to expire on or after 6 April 2024, you no longer need to renew your licence. We will publish further information about this change in a future update to this guidance.”

3/1/24

Migration Advisory Committee publishes rapid review of the Immigration Salary List

On 23 February 2024, the Migration Advisory Committee (MAC) published a report on the upcoming new Immigration Salary List (ISL).  

On 4 December 2023, the Home Secretary announced several changes to the immigration system related to the Skilled Worker route. Subsequently on 17 January 2024 the government commissioned the MAC to carry out a rapid review of the ISL.

Background

The government announcement on 4 December 2023 (to be implemented from April 2024) includes:

  • Shortage Occupation List (SOL) to be replaced with the Immigration Salary List (ISL);
  • Abolishing the 20% ‘going rate’ discount, previously a benefit of placing an occupation on the SOL;
  • Skilled Worker route (except Health and Care Worker visa):
    • General threshold raised from £26,200 to £38,700.
    • Raising the occupation-specific thresholds from the 25th percentile to the 50th percentile (median) full-time salary of the occupation or the national pay scale where applicable; and,
    • For occupations on the ISL, a threshold of either £30,960 or their occupation-specific threshold, whichever is higher.
  • Exception for Health and Care Worker Visa:
    • General threshold of £29,000 rather than £38,700;
    • Occupation-specific thresholds set at the 25th percentile or the national pay scale where applicable; and,
    • For occupations on the ISL, a threshold of either £23,200 or their occupation-specific threshold, whichever is higher.

 

The MAC states that it has considered only those occupations currently on the Shortage Occupation List (SOL) and those which the MAC recommended for inclusion in its 2023 SOL review. This is intended to be an interim measure for the implementation of the new rules announced on 4 December 2023, ahead of a full review of the ISL starting later in the year.

Recommendations

The MAC has recommended 21 occupations be included on the ISL, which represents 8% of job roles eligible for the Skilled Worker route by employment. This means that the interim ISL is smaller than the current Shortage Occupation List (SOL) as, previously, approximately 30% of job roles eligible for the SW route were on the SOL. These 21 occupations consist of 18 recommendations for the UK-wide ISL and 3 recommendations for the Scotland-only ISL.

 

 

 

Non-H&CW occupations

H&CW occupations not on a pay scale (including care workers and senior care workers)

Pay scale occupations

General threshold

(not on SOL/ISL)

Current

£26,200

£26,200

£20,960

From April 2024

£38,700

£29,000

£23,200

Threshold

on SOL/ISL

Current

£20,960

£20,960

£20,960

From April 2024

£30,960

£23,200

£23,200

Occupation-specific threshold

Current

25th percentile

25th percentile

National pay scales

From April 2024

50th percentile

25th percentile

National pay scales

 

Placement on the ISL will give occupations a 20% discount on the general salary threshold, subject to not reducing salaries below the level of the occupation-specific threshold. This will mean that for many occupations even the ISL-reduced threshold will be above the salaries paid for the vast majority of workers in that occupation. The new general threshold in effect will mean that the Skilled Worker route becomes unavailable for many occupations.

The government has announced that, for now, the new entrant discount available for those aged 26 and under will continue. In its current form, this discount provides a 30% discount on the occupation-specific threshold and a 20% discount on the general salary threshold, the higher of which must be paid. Employers may take advantage of the new entrant discount (more than they have historically done) as the increased salary thresholds will make this discount more attractive and for some occupations may be the only way to recruit migrant workers on the SW route.

2/23/24

Changes to Ukraine schemes and care worker route

On 19 February 2024, the government published a new statement of changes to the immigration rules which makes significant amendments to the humanitarian schemes for Ukrainian nationals and to the Skilled Worker route for care workers.

On 30 January 2024, the immigration minister confirmed that the Home Office intended to use this statement of changes to make previously-announced changes to the route for care workers. Effective 11 March 2024, the government has removed the right for care workers to bring dependents to the UK, and now required that a sponsor be registered with the Care Quality Commission and is performing regulated activity. The Care Quality Commission requirement does not apply to care workers who have applied on the route and are sponsored in these occupations before these changes come into effect, and who wish to extend their permission with the same sponsor or to settle.

The changes to the Ukraine scheme, on the other hand, were not announced in advance.

Effective 19 February 2024, the Ukraine Family Scheme (UFS) is closed to new applicants. This route allowed UK residents to bring Ukrainian national family members to the UK.

The same Ukrainian nationals who qualified under UFS can qualify under the Homes for Ukraine (HFU) Sponsorship Scheme if their UK family member is approved as a sponsor and they meet the other requirements of the HFU. However, third country (non-Ukrainian) nationals are not eligible for HFU if they are not immediate family members of Ukrainian nationals who qualify or hold permission under the scheme (unlike under UFS). Previously, a sponsor only needed to hold at least six months' permission to stay in the UK from the date of the visa application.

Holders of permission under UFS will continue to hold that permission despite the closure of the scheme to new applicants.

Meanwhile, new visas issued under the Homes for Ukraine route will grant a reduced period of leave of 18 months, rather than three years as previously.

The Ukraine Extension Scheme (UES) will close to new applications on 16 May 2024.

Applications can be made under the UES until it closes on 16 May 2024 if one of the following is true:

  • The applicant had permission to be in the UK for any period between 18 March 2022 and 16 November 2023; or
  • The applicant previously had permission to be in the UK and that permission expired on or after 1 January 2022.

Amendments have been made to the UES to allow children born in the UK after 18 March 2022 to those who have permission under the Ukraine Scheme (including under the now closed Ukraine Family Scheme) to be eligible to apply under this route beyond 16 May 2024. They will be granted permission aligned to the length of permission under the Ukraine Scheme held by their parent. Where the parents hold differing lengths of permission under the Ukraine Scheme, a child will be granted in line with the parent who holds permission that expires last.

The government also announced that it intends to launch a new Ukraine Permission Extension (UPE) Scheme. Ukraine Scheme visa holders will be able to apply three months before their existing visa is due to expire. The government states that it will provide further details “shortly”.

The government has also applied to Appendix Ukraine Scheme several grounds for refusal from part 9 of the immigration rules that had been previously omitted from the Ukraine routes.

2/16/24

Next date announced for India Young Professionals Scheme ballot

UK Visa and Immigration (UKVI) has announced that the next ballot for the India Young Professionals Scheme will open at 2:30pm India Standard Time (IST) on 20 February 2024 and will close at 2:30pm IST on 22 February 2024.

Anyone intending to apply for a visa for the India Young Professionals Scheme must enter the ballot and can do so at any time while the ballot is open.

  • The ballot is open to Indian citizens who are eligible for the India Young Professionals Scheme visa.
  • Successful entries will be picked at random. Results will be sent by email within two weeks of the ballot closing.
  • Entry to the ballot is free but the visa application costs £298 and there are financial, educational and other requirements.
  • There are 3000 places available for the India Young Professionals Scheme visa in 2024. Most places will be made available in the February ballot. The remaining places will be made available in the July ballot.
  • Applicants can only submit one entry per person for each ballot. Any further attempts to enter will not be counted.
  • Successful entrants in the ballot will be invited to apply for a visa.
  • Visa applicants will have 90 days from the date of the email to apply online, pay the visa application fee, including the immigration health surcharge and provide biometrics.
  • Successful entrants in the ballot who choose not to apply for the visa do not need to inform UKVI.
  • The results of the ballot are final. With no right to appeal. Unsuccessful entrants can enter future ballots.

An India Young Professionals Scheme visa allows Indian citizens between 18 and 30 years old to live and work in the UK for up to two years. To be eligible for the visa, applicants must:

  • be an Indian citizen;
  • be between 18 and 30 years old;
  • have an eligible qualification;
  • have £2530 in savings.

Visa holders can:

  • study - for some courses they’ll need an Academic Technology Approval Scheme certificate;
  • work in most jobs;
  • be self-employed and set up a company - as long as the premises are rented, the equipment is not worth more than £5000 and there are no employees.

Visa holders cannot:

  • extend their stay;
  • apply for most benefits (public funds);
  • include family members on their application - they must apply separately;
  • work as a professional sportsperson (for example as a coach).

2/2/24

Changes to visitor rules take effect

Changes to the rules for business visitors took effect on 31 January 2024.

The following amendments, published in a statement of changes on 7 December 2023, expand the range of business activities visitors can undertake without requiring sponsorship or obtaining another category of immigration permission.

  • The scope of activities permitted for intra-corporate transferees (those employed abroad but working in the UK for a branch or entity within the same corporate group) is expanded to remove the prohibition on working directly with clients. However, client-facing activity must now be incidental to the visitor’s employment abroad and must not amount to the offshoring of a project or service to their overseas employer.
  • Permission for flight crew to enter the UK as part of a Civil Aviation Authority approved wet lease agreement between the months of March and October is now part of the standard Visitor rules, rather than a concession outside the rules.
  • Visitors are now permitted to work remotely while in the UK, although remote work must not be the primary purpose of their visit.

Scientists, researchers and academics can now conduct research in the UK as part of their visit. Previously, scientists and researchers could only conduct independent research, and academics could only conduct research for their own purposes if they are on sabbatical leave from their home institution. This change does not apply to academics applying for a 12-month visit visa or to those applying to extend their permission within the UK.

  • The activities permitted for legal professionals has been expanded to include advice (no longer limited to a UK-based client), providing advocacy for a court or hearing, appearing in arbitrations or courts, acting as an arbitrator, mediator or expert witness, participating in conferences and teaching, litigation and transactional legal services (including drafting contracts).
  • Speaking at conferences is now included in the list of Permitted Paid Engagements (PPE), and can now be paid.
  • Permitted Paid Engagements (PPE) are now part of the Standard Visitor Visa, meaning that those entering for PPE can in principle be issued permission for up to six months, rather than one month. However, the PPE must be completed within 30 days of entry.

Government announces details of upcoming immigration changes

On 30 January 2024, the immigration minister made a written statement announcing further details of the changes to the immigration rules which were announced on 4 December 2024. A statement of changes to the Immigration Rules will be laid on 19 February 2024 for the care worker changes and on 14 March 2024 for the skilled worker and family/spouse visa changes.

 

  • On 19 February 2024, the government intends to lay Immigration Rules which will remove the right for care workers and senior care workers to bring dependants, which will come into force on 11 March 2024. The rules will ensure that care providers in England will only be able to sponsor migrant workers if they are undertaking activities regulated by the Care Quality Commission (CQC).
  • On 14 March 2024, the government intends to lay Immigration Rules to increase the earnings thresholds for those arriving on the Skilled Worker route, with the minimum threshold rising by 48% from £26,200 to £38,700. These changes will come into force from 4 April 2024. Those coming on the Health and Care Visa route will be exempted from this specific threshold.       Workers on national pay scale occupations are also exempted.
  • The minimum income for Family visas will be raised incrementally, in stages. The Immigration Rules the government intends to lay on 14 March 2024 will set out that from 11 April 2024 the threshold will be raised to £29,000 - that is the 25th percentile of earnings for jobs which are eligible for Skilled Worker visas. The government will incrementally increase the threshold to the 40th percentile (currently £34,500), and finally to the 50th percentile (currently £38,700, and the level at which the General Skilled Worker threshold is set) by early 2025.
  • On 17 January 2024 the government commissioned the Migration Advisory Committee (MAC) to carry out a rapid review of the Shortage Occupation List to inform which occupations should be temporarily added to an Immigration Salary List from early April. The Immigration Rules the government intends to lay on 14 March 2024 will remove the 20% going rate discount for occupations on the Shortage Occupation List, as well as temporarily add any occupations as recommended by the MAC to the new Immigration Salary List.

Electronic Travel Authorisation (ETA) now required for nationals of Gulf Cooperation Council and Jordan

On 1 February 2024, the Electronic Travel Authorisation (ETA) scheme opened for nationals of Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia and Jordan, who will require an ETA to travel to the UK from 22 February 2024. Qatari nationals already need an ETA. Other nationalities cannot and do not need to apply yet.

The ETA scheme is broadly for visitors who do not need a visa for short stays to the UK, or who do not already have a UK immigration status prior to travelling.

An ETA costs £10, permits multiple journeys and is valid for two years or until the holder’s passport expires – whichever is sooner.

Previously, Gulf nationals paid £30 through the electronic visa waiver scheme and Jordanians paid £115 for a single-use visitor visa.

Expanded Youth Mobility schemes

Changes to the UK’s Youth Mobility schemes (YMS) came into effect on 31 January 2024.

Enhancements to the existing Youth Mobility schemes with Australia, Canada, Japan and South Korea have come into force.

  • The age range for the Australia, Canada, and South Korea schemes has been expanded to 18-35.
  • Australian and Canadian nationals in the UK on a Youth Mobility visa can also now apply for a one-year extension, taking the total amount of time they can be in Britain to three years.
  • The reciprocal quota with Japan is being increased to 6000, while the quota with South Korea is rising to 5000. Citizens from both countries will now no longer be required to enter a ballot before applying.

New schemes with Andorra and Uruguay have also taken effect for individuals aged between 18 to 30, with 100 and 500 places available for Andorran and Uruguayan youth respectively to come to the UK for a maximum stay of up to two years. 

The UK now has YMS agreements in place with Andorra, Australia, Canada, Hong Kong, Iceland, Japan, Monaco, New Zealand, San Marino, South Korea, Taiwan and Uruguay.

Government announces date of increase to civil penalty fines for employers and landlords

The government has published updates to its Code of Practices for the Right to Work Scheme and the Right to Rent Scheme which come into force on 13 February 2024. The new rules include the previously announced increase to civil penalty fines for employers and landlords who employ or let property to foreign nationals who do not have the right to work or rent in the UK.

From 13 February 2024:

  • The civil penalty for employers will increase from £15,000 to a maximum £45,000 per illegal worker for a first breach of the Scheme, and from £20,000 to a maximum £60,000 per illegal worker for repeat breaches.
  • For landlords, the civil penalty for a first breach will increase from £80 per lodger and £1,000 per occupier, to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches will increase from £500 per lodger and £3,000 per occupier to £10,000 and £20,000 respectively.

1/5/24

Fee increase for legalising public documents

Effective 1 January 2024, the fees for the legalisation of UK public documents have increased. Legalised documents form the UK may be required for work visa applications and other procedures outside the UK.

  • The standard legalisation service in the UK has increased from GBP 30 to GBP 45.
  • The standard next-day fee has increased from GBP 30 to GBP 45.
  • A digital e-Apostille has increased from GBP 30 to GBP 35.
  • The urgent service in the UK has increased from GBP 75 to GBP 100.
  • The overseas service has increased from GBP 30 to GBP 45.

12/26/23

Further information on net migration plan

On 4 December 2023, the government announced a plan to curb immigration abuse and cut net migration.

The government has now published further information about these measures:

  • The government still intends to raise the minimum income requirement for family visas in lien with the new general salary threshold for Skilled Workers (i.e., GBP 38,700). However, it now states that it intends to raise the minimum income for family visas incrementally, in stages.
  • In Spring 2024, the government will raise the threshold to GBP 29,000, that is the 25th percentile of earnings for jobs at the skill level of RQF3, moving to the 40th percentile (currently GBP 34,500) and finally the 50th percentile (currently GBP 38,700 and the level at which the General Skilled Worker threshold is set).

Until the Immigration Rules are amended, the current thresholds and policies remain in place The government has set out an indicative timetable for introducing the changes in 2024:

Carers and senior carers – these changes will be introduced as soon as possible in the new year.

  • Care workers and senior care workers already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​
  • Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).
  • Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.
  • Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

Salary thresholds – these changes will be introduced via Immigration Rules with implementation in April.

  • Those already in the Skilled Worker route before the Immigration Rules changes should be exempt from the new median salary levels when they change sponsor, extend, or settle. They would, however, be subject to the updated 25th percentiles using the latest pay data when they next make an application to change employment, extend their stay, or settle.

Immigration Salary List –the Migration Advisory Committee (MAC) will be commissioned in January.

  • The Shortage Occupation List (SOL) will be renamed the Immigration Salary List and the MAC will advise on which of the current SOL occupations should remain on the list in line with the new salary thresholds.
  • The current SOL will remain in place until the new salary thresholds are put in place in late Spring.

Family migration minimum income.

  • Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold. This will also be the case for children seeking to join or accompany parents.
  • Anyone granted a fianc(é)e visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.
  • Those already in the UK on a different route who apply to switch into the five-year partner route, after the minimum income requirement has been increased, will be subject to the new income requirement.

Graduate route review

  • The MAC will review the visa route to ensure that it is operating in the best interests and priorities of the UK, and ensuring the integrity and quality of the UK higher education system is maintained.  The MAC will be commissioned in January and their work is expected to continue until late 2024.

Youth Mobility Scheme for Taiwan 2024

The first ballot for the Youth Mobility Scheme (YM) for Taiwanese youth will run between 31 January and 2 February 2024.

Applications are submitted by email, according to the instructions here. The email account will only be open for 48 hours and all emails received within this timeframe will be sent an automated reply confirming receipt.

Once the ballot closes, allocations for the 800 places will be chosen at random by UK Visas and Immigration (UKVI). Successful applicants will be sent a second email by 7 February 2024 to confirm acceptance and provide further instructions on how to start their application, along with documentary evidence required to apply for their entry clearance.

Successful applicants must prepare online applications and online credit card payments no later than 6 March 2024. Failure to submit payment online by this date will automatically remove their name from the list and their allocation will be retracted. After payment online, applicants have 90 days to book an appointment at the Visa Application Centre (VAC) and submit their paperwork for consideration.

12/8/23

Plan to reduce net migration

The Home Secretary has made a statement outlining the government’s five-point plan to reduce net migration, which is due to come into force in spring 2024.

The plan consists of the following five measures:

  1. Holders of Health and Care Worker visas will no longer be able to bring dependent family members to the UK. Overseas care workers wishing to bring their families with them to the UK will then only be eligible for a regular skilled worker visa, with no minimum salary discount and no exemption from the immigration health surcharge. In addition, care providers will have to be regulated by the Care Quality Commission in order to sponsor foreign national care workers.
  2. The skilled worker salary threshold will be increased by nearly 50% from £26,200 to £38,700. Health and Care Worker visas will be exempt from the increase, along with those on national pay scales, for example teachers.
  3. The government will remove the 20% “going rate” salary discount for roles on the Shortage Occupation List. A new “Immigration Salary List”, with a reduced number of occupations and a general salary threshold discount, will be published in coordination with the Migration Advisory Committee (MAC).
  4. The minimum income requirement for family visas for dependents of British citizens and those settled in the UK will also be raised, from £18,600 to £38,700.
  5. The MAC has also been asked to review the Graduate route “to prevent abuse and to protect the integrity and quality” of the higher education sector. The Graduate route, allowing international graduates two or three years to find skilled employment in the UK, was introduced only two years ago. It is not clear whether the 30% “going rate” salary discount for new entrants, including those switching from the Student or Graduate routes, will be maintained, amended or abolished.

The announced changes are expected to make it more expensive and more difficult for employers to sponsor migrant workers, especially in the health and care sector and in other lower-wage industries, and outside of London, where salaries tend to be lower.

 

Statement of changes to immigration rules

On 7 December 2023, the government published a statement of changes to the immigration rules. The changes will come into effect on various dates between 7 December 2023 and 31 January 2024.

According to the government’s own Explanatory Memorandum, the changes include “changes to the EU Settlement Scheme and to travel document requirements for school groups visiting the UK from France. The Youth Mobility Scheme has also been updated to reflect changes and enhancements to the arrangements in place between the UK and specific countries. Three new Appendices to the Rules have also been introduced: Appendix Bereaved Partner and Appendix Statelessness which replace existing provisions and Appendix Victims of Domestic Abuse which introduces an out of country settlement route for victims of transnational marriage abandonment."

In a written statement to the House of Commons, the Home Secretary summarised the changes as follows:

“Changes to Visitor Rules

As set out in the Spring Budget 2023, we are amending the list of permitted business activities that can be undertaken by individuals on a UK Visit visa, including by: (a) removing the restriction on visitors working directly with clients in an intra-corporate context (subject to the activity being incidental to their employment abroad and to the delivery of a wider project by the UK branch of their overseas employer), (b) naming remote work as a permitted activity, providing this is not the primary purpose of the visit, (c) expanding the list of unpaid work activities that legal professionals can undertake in the UK, allowing scientists to conduct research in the UK as part of their visit, and (d) allowing pilots and cabin crew members to travel to the UK as part of a Civil Aviation Authority approved wet leasing agreement.

We are also reforming Permitted Paid Engagements (PPE), by including speaking at conferences in the list of permitted engagements. By incorporating the provisions of the route into the Standard visitor route, to enable easier switching between PPE activities and the other permitted business activities, and to enable easier travel across the UK border for nationalities eligible to use e-passport gates. 

Introduction of new Appendix Statelessness

A partner or child will no longer be eligible to apply for permission as a dependent under the stateless route but will instead need to meet the requirements to come to, or stay in, the UK as a partner or child of a stateless person under the family rules in Appendix FM. A person who already has permission as a partner or child of a stateless person under the current Stateless Immigration Rules in Part 14 will be able to continue to extend their permission or stay in the UK under those provisions. 

Changes to the EU Settlement Scheme (EUSS)

 

We are making two particular changes where the EUSS is concerned.

First, to reinforce the Government’s approach to tackling illegal migration, we will prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK (which will include small boat arrivals) as well as by an illegal entrant.

Second, consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK, we will require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying).

 

Changes to travel document requirements for school groups visiting the UK from France

 

We are making changes to allow children aged 18 and under, studying at a school in France, to visit the UK on an organised educational trip without the usual passport or visit visa requirements. EU, other EEA and Swiss national children will be able to travel on their national identity card. Visa national children will still be required to travel on their passport but will not have to obtain a visit visa. 

Introduction of new Appendix Victim of Domestic Abuse

We are introducing an out of country settlement route for victims of transnational marriage abandonment.

 

Changes to the Youth Mobility Scheme

We are adding Uruguay to the list of countries and territories participating in the YMS and making changes to reflect that the UK’s existing reciprocal, bilateral arrangements with Japan and the Republic of Korea have been enhanced.” 

11/27/23

Government proposes business visitor visa reform

In its Autumn Statement published on 22 November 2023, the government proposed expanding the business visitor rules to allow businesspeople in an intra-corporate setting to engage in a wider range of permitted activities and paid engagements, including wider coverage for the legal services sector, to take effect from January 2024.

The government is also signing and expanding new and existing Youth Mobility Schemes.

11/17/23

Electronic Travel Authorisation opens for Qatari nationals

Effective 15 November 2023, Qatari nationals require an electronic travel authorisation (ETA) to travel to the United Kingdom.

ETA applications have been open to Qatari nationals since 25 October 2023.

Nationals of the remaining Gulf Cooperation Council (GCC) states (Bahrain, Kuwait, Oman, Saudi Arabia and United Arab Emirates) and Jordan will need an ETA if they’re visiting the UK from 22 February 2024, and can apply for their ETA from 1 February 2024. It will be expanded worldwide throughout 2024.

The move to the ETA scheme means that the visa requirement will be removed for nationals from GCC states and Jordan.

The ETA, which allows multiple entry to the UK over a two-year period, applies to those visiting or transiting through the UK who do not need a visa for short stays, or who do not currently hold another UK visa. Currently, Gulf nationals pay £30 per visit to the UK under the current Electronic Visa Wavier (EVW) scheme and Jordanian nationals £100 for a visit visa.

When applying for an ETA, applicants need to provide biographic and biometric information, and answer questions on suitability and criminality. Once individuals have successfully applied, their ETA is digitally linked to their passport.

While the standard processing time for an application is three working days, government sources claim that the majority of applications so far have been decided within hours.

 

10/31/23

UK Sponsors are required to take the below actions at your earliest convenience. These updates will be reflected on the license immediately.

  1. The current Authorising Officer (AO) or Key Contact (KC) or Level 1 users should add their National Insurance Number (NINO) to their details in Sponsorship Management System (SMS).
  2. If your organization is registered with Companies House, you should add your Companies House reference number (CHN)on SMS.

If you need our assistance with the CHS update, please contact us.

10/27/23

Electronic Travel Authorisation now available for Qatari nationals

Effective 25 October 2023, applications are open for the electronic travel authorisation (ETA) required for nationals of Qatar travelling to the UK on or after 15 November 2023.

Nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia or the United Arab Emirates travelling to the UK on or after 22 February 2024 will also require an ETA, and will be able to apply from 1 February 2024.

The ETA scheme will eventually be rolled out to all nationalities who do not need a visa for short stays (up to six months) to the UK for tourism, visiting family and friends, business or short-term study; for stays of up to three months on the Creative Worker visa concession; and for transiting through the UK.

 

An ETA permits multiple journeys and is valid for two years or until the holder’s passport expires – whichever is sooner.

  • The easiest way to apply for an ETA is through the ‘UK ETA app’. Individuals can also search for ‘Apply for an Electronic Travel Authorisation to come to the UK’ on GOV.UK if they do not have access to a smartphone.  
  • To apply for an ETA, individuals need to:  
    • Pay the £10 fee 
    • Provide contact and passport details 
    • Provide a valid photo, complying with our rules for digital photos on GOV.UK 
    • Answer a set of questions.
  • Most applicants will receive a response within three working days, with many receiving a result sooner.  
  • If an individual’s ETA application is refused they will need to apply for a visa if they wish to seek permission come to the UK. 
  • British and Irish citizens will not require an ETA. 

Immigration Health Surcharge Increase Confirmed

In July 2023, the government announced it intended to increase the rates of the immigration health surcharge. On 18 and 19 October 2023, the government laid before parliament the Immigration (Health Charge) (Amendment) Order 2023, which confirms that the increase will take effect on 16 January 2024.

As previously announced, the annual cost of the Health Charge will increase from £470 to £776 for students, dependents of students, applicants for entry clearance as a Tier 5 (Youth Mobility Scheme Applicant) and persons under 18 years of age. For all other applications made in respect of a person aged 18 or over at the date of the application, the Health Charge will increase from £624 to £1035.

 

The order also clarifies that applicants who are applying for the Stateless immigration route are exempt from the requirement to pay the Health Charge. This will put applicants in a similar position to migrants who are granted refugee status.

 

The order also formalises existing exemptions under the Ukraine Schemes. The Ukraine Schemes were launched in March 2022 following the Russian invasion of Ukraine to support migrants displaced by the war in Ukraine to either enter or remain in the UK.

In its own explanatory memorandum, the government admits that these substantial increases will likely have a significant impact on businesses, charities and volunteer bodies. “The indirect cost to businesses is estimated in the order of tens of millions of pounds per year”.

 

10/6/23

New report on shortage occupation list

The Migration Advisory Committee (MAC) has published a report recommending the abolition of the shortage occupation list (SOL).

In the interim, the MAC has recommended including only eight occupations on the SOL and a further two occupations on the Scotland-only SOL.

The Mac also recommends that, while the SOL continues, the going rate discount for occupations on the list should be removed; that asylum seekers be given the right to work in any job, not just in occupations on the SOL; and that the Creative Worker (CW) visa route be opened up to any occupation without a labour market test.

The MAC also recommends that, if the SOL is retained, the Government changes the name of the SOL to the Immigration Salary Discount List (ISDL) to correctly reflect its function in the immigration system.

9/22/23

Increased immigration fees

The previously-announced Increases to immigration and nationality fees are set to come into effect on 4 October 2023, following legislation laid in Parliament on 15 September 2023.

The changes mean that the cost for a visit visa for less than six months is rising by £15 to £115, while the fee for applying for a student visa from outside the UK will rise by £127 to £490, to equal the amount charged for in-country applications.

On 13 July 2023, the government announced a 15% increase in the cost of most work and visit visas, and an increase of at least 20% in the cost of priority visas, study visas and certificates of sponsorship.

The changes include:

  • Fees for up to six months, and for two-, five- and ten-year visit visas;
  • The majority of fees for entry clearance and certain applications for leave to remain in the UK including those for work and study;
  • Fees for indefinite leave to enter and indefinite leave to remain;
  • Convention travel document and stateless person’s travel document;
  • Health and Care visa fees;
  • Fees in relation to certificates of sponsorship and confirmation of acceptance for studies;
  • The in and out of country fee for the super priority service and the out of country fee for the priority service.  The settlement priority service will reduce so it is aligned with the cost of using the priority service;
  • Applications to Register and Naturalise as a British Citizen;
  • The fee for the User Pays Visa Application service.

Subject to Parliamentary approval, the immigration and nationality fees will increase from 4 October 2023. These changes do not include the planned increase to the Immigration Health Surcharge (IHS) which is scheduled to be introduced later in 2023.

A full list of the new fees can be found here.

Georgians and Russians require transit visas

Effective 8 September 2023, the UK government has amended the Immigration (Passenger Transit Visa) Order 2014 to require citizens of Georgia and Russia to obtain a transit visa to pass through the UK without entering while transiting to another country.

This amendment, via a statutory instrument, took effect one day after it was laid before Parliament, rather than after the usual 21-day scrutiny period. The government explained that there were concerns that giving notice of introducing a visa requirement may have triggered a substantial increase in Georgian and Russian nationals travelling to the UK and potentially claiming asylum on arrival, before the new transit visa regime came into force.

However, during a 28-day transition period until 5 October 2023, nationals from these countries can transit through the UK without a Direct Airside Transit Visa (DATV), if their travel was booked on or before 8 September 2023 and who arrive on or before 5 October 2023.

The government states that the amendment will prevent these nationals from travelling to the UK on the pretence of transiting but claiming asylum on arrival and that, since 2018, Georgian and Russian nationals have consistently ranked top in the nationalities abusing the UK’s transit provisions to claim asylum.

The Immigration (Passenger Transit Visa) Order 2014 was previously amended, effective 20 July 2023, to require citizens of Dominica, Honduras, Namibia, Timor-Leste and Vanuatu to obtain a transit visa to pass through the UK without entering while transiting to another country. In that case also, a 21-day scrutiny period was not applied, for similar reasons, and a transition period was allowed. A Visa Regime was imposed on citizens of those countries, requiring them to obtain a visa to enter the UK.

 

9/25/23

On 7 September 2023, the Home Office published a statement of changes to the immigration rules. According to the accompanying explanatory memorandum,

“The changes being made primarily deliver changes to the EU Settlement Scheme and changes to Appendix Electronic Travel Authorisation.”

The majority of the changes take effect on 5 October 2023, with some changes to the Youth Mobility Scheme only becoming effective from 31 January 2024.

Below are highlights of the changes – further details are available in the explanatory memorandum and in the written statement by the Immigration Minister.

EU Settlement Scheme (EUSS) and EUSS family permits

The changes in respect of Appendix AR and Appendix AR (EU) remove the right of administrative review for all decision types where it currently applies for the EUSS, the EUSS family permit and the S2 Healthcare Visitor visa. The right of appeal against those decisions will be maintained as the mechanism for meeting the government’s obligations under the Citizens’ Rights Agreements (CRAs) to provide judicial redress. The changes will apply to all relevant decisions made on or after 5 October 2023.

Some minor technical amendments are also being made to the Immigration Rules for the EUSS in Appendix EU to clarify the existing policy position that where a dependent parent or child has already been granted limited leave under Appendix EU, they will not need to evidence dependency for any further applications under Appendix EU.

Appendix Electronic Travel Authorisation

The UK will launch an Electronic Travel Authorisation (ETA) scheme in October 2023 in a phased manner on a nationality basis. The ETA scheme will ultimately apply to all those passengers visiting the UK or transiting through the UK who do not currently need a visa for short stays and do not have any other immigration status before travelling.

At present, Appendix Electronic Travel Authorisation states than an application for an ETA may be refused if an applicant has failed to pay relevant NHS charges with a total value of at least £500. The statement of changes removes NHS debt as a ground for refusal of an ETA application.

However, a successful ETA application does not guarantee that an applicant will be granted permission to enter at the UK border. Therefore, travellers seeking permission to enter the UK who have outstanding NHS debts, and who do not take the necessary steps to settle their debts in advance of travel, may be refused entry at the UK border on arrival.

At present, Appendix Electronic Travel Authorisation stipulates that an applicant who is lawfully resident in Ireland and is travelling to the UK from elsewhere in the Common Travel Area (CTA) does not need to obtain an ETA.

The statement of changes clarifies that the ETA exemption for applicants lawfully resident in Ireland, who are travelling within the CTA, will require a person aged 16 or over to demonstrate residency in Ireland, if required by a UK official, in order to benefit from this exemption. On 20 July 2023, the Home Office published guidance detailing which documents can be used to demonstrate residency for the purpose of this exemption, including a Permanent Residence Certificate, European Health Insurance Card, Irish driving licence/learner permit, medical card and GP visit card, National Age card and Irish Residence Permit.

Youth Mobility Scheme (YMS)

The UK’s existing reciprocal, bilateral arrangements with Australia and Canada have been enhanced – the age range is being expanded from 18-30 to 18-35 and the length of stay is being increased from 2 to 3 years. The Rules changes bring these enhancements into effect.

A minor technical edit is also being made to clarify the limitations on self- employment on this route.

The UK has negotiated a YMS arrangement with Andorra. Therefore it will be added to the list of countries and territories participating in this route and the Rules will be amended to reflect the requirements for Andorran citizens coming to the UK.

Appendix Children

The government is introducing an Appendix Children that will include common requirements for both children applying as dependants of a lead applicant, and children applying in their own right. Common requirements for dependent children relate to age, independent life, care, and relationship requirements. A common parental consent requirement will apply where a child is applying for entry clearance or permission to stay in their own right. No policy changes have been made to these requirements, but this approach is intended to provide clarity and consistency across over 20 routes.

Appendix English Language

This is being updated to allow applicants in an additional six routes to demonstrate they meet the English Language requirement if they have a GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher in English.

Appendix Tuberculosis

The rules for tuberculosis testing are being placed into a new Appendix Tuberculosis.

Appendix Returning Resident is being added to the immigration rules, for “clarity and consistency”.

Gurkhas and Hong Kong Military Units

The 2009 concession enabling settlement applications from pre-1997 Gurkhas will be brought into the Rules and at the same time extended to cover pre-1997 members of Hong Kong military units, and their families, as announced in March 2023

Long Residence

In April 2023 the definition of ‘lawful residence’ for the purposes of long residence was changed to exclude time spent on immigration bail, as a visitor, short-term student, or seasonal worker. The rules are being changed to clarify that this exclusion extends to time spent on previous versions of immigration bail (temporary admission and temporary release) and previous visitor, short-term student visa, or seasonal worker routes.

Skilled Workers

Prison service officers are being made eligible for this route. This occupation meets the skills threshold, and workers can be sponsored where the Civil Service nationality requirements are met.

Further minor policy and technical changes are also being introduced, as described in the explanatory memorandum.

Close Open United States

April 2025 - USCIS announces Employment Authorization Document application procedures for certain Hong Kong residents covered by Deferred Enforced Departure

US Citizenship and Immigration Services today posted a Federal Register notice for public inspection establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through 5 February 2027. The notice automatically extends through 5 February 2027, the validity of current Hong Kong DED-related EADs with an expiration date of 5 February 2023, or 5 February 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for Form I-9, Employment Eligibility Verification.   

A memorandum on DED was issued on 15 January 2025, deferring through 5 February 2027, the removal of certain eligible Hong Kong residents who were present in the United States as of 15 January 2025. 

There is no application for DED. Certain Hong Kong residents are covered under DED based on the terms described in the memorandum and are authorized to work in the United States. Eligible Hong Kong residents can apply for an EAD by filing Form I-765, Application for Employment Authorization. The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED. Individuals who wish to travel outside of the United States and re-enter must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.  

USCIS adjudicates each request for an EAD on a case-by-case basis to determine if it meets all standards and eligibility criteria and completes screening and vetting to determine if there are any fraud, public safety or national security concerns. 

DHS to begin screening foreign nationals’ social media activity for antisemitism

On 9 April 2025, US Citizenship and Immigration Services (USCIS) began considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status, foreign students and foreign nationals affiliated with educational institutions linked to antisemitic activity.

This policy is consistent with the executive orders on Combatting Anti-SemitismAdditional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.

Minor Changes to Form I-9 and E-Verify Updates

On 2 April 2025, US Citizenship and Immigration Services (USCIS) announced that it has made minor changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and updated the DHS Privacy Notice.

Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.

The revised Form I-9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download, while multiple previous editions remain valid until their respective expiration dates: 

  • Form I-9 (08/01/23 edition) that is valid until 05/31/2027 (31 May 2027) 
  • Form I-9 (08/01/23 edition) that is valid until 07/31/2026 (31 July 2026). (Employers using this form must update their electronic systems with the 05/31/2027 expiration date by 31 July 2026). 

Key updates include: 

  • Renaming the fourth checkbox in Section 1 to “An alien authorized to work” 
  • Revising the descriptions of two List B documents in the Lists of Acceptable Documents 
  • Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions .

Starting 3 April 2025, E-Verify and E-Verify+ will have updated the Citizenship Status selection during case creation to reflect this statutory language. The selection “A noncitizen authorized to work” will be updated to “An alien authorized to work.” 

Employers should note: 

  • If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify. 
  • E-Verify cases will display "An alien authorized to work," while employees and employers may continue to see "A noncitizen authorized to work" on Form I-9, depending on the form edition being used. 
  • E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG. 

Additionally, E-Verify users creating cases through Web Services applications will see the employee status attestation automatically updated to “An alien authorized to work”—even if the WS application submits “A noncitizen authorized to work” if the employee selected citizenship status number four on Form I-9. 

This change does not affect the current Interface Control Agreement (ICA) version 31.1, which already provides the necessary guidance for Web Services developers. WS developers should update their platforms to transmit “An alien authorized to work” instead of “A noncitizen authorized to work” as soon as possible.

April 2025 - FY 2026 H-1B Initial Registration Selection Process Completed

On 31 March 2025, US Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

USCIS has randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Registrants’ online accounts will display a registration status

H-1B cap-subject petitions for FY 2026, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning 1 April 2025, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition.

Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.

USCIS Updates Policy to Recognize Two Biological Sexes

US Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to clarify that it only recognizes two biological sexes, male and female.

Consistent with the 20 January 2025 executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, USCIS is returning to its historical policy of recognizing two biological sexes.

Under this guidance, USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.

USCIS will not deny benefits solely because the benefit requestor did not properly indicate his or her sex. However, USCIS does not issue documents with a blank sex field, and does not issue documents with a sex different than the sex as generally evidenced on a birth certificate issued at the time of birth (or issued nearest to the time of birth). Therefore, if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication. 

USCIS may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request. 

This guidance, contained in Volumes 111, and 12 of the Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after 2 April 2025. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. 

March 2025 - USCIS Reaches H-2B Cap for Second Half of FY 2025 and Filing Dates Now Available for Supplemental Visas

United States Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. The filing dates for supplemental H-2B visas for the remainder of FY 2025 are now available. 

5 March 2025 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after 1 April 2025, and before 1 October 2025.

USCIS will reject new cap-subject H-2B petitions received after 5 March 2025 that request an employment start date on or after 1 April 2025 and before 1 October 2025.

Filing Dates for Second Half of FY 2025 Supplemental Visas are listed here.

DHS reviews designation of Romania into Visa Waiver Program (VWP)

The US Government is reviewing the recent designation of Romania into the Visa Waiver Program (VWP) to ensure adherence to VWP’s stringent security requirements.

During this review the United States is pausing implementation of the Electronic System for Travel Authorization (ESTA) for Romanian citizens. This pause will remain in effect until the United States completes its review. Romanians seeking to travel to the United States for short-term business or tourism purposes should continue to apply for the appropriate nonimmigrant (“B”) visa at a US embassy or consulate.

The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the Department of State, permits citizens of designated countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those countries must permit US citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.

March 2025

Interim Final Rule implements new Alien Registration Requirement

On 12 March 2025, the US Department of Homeland Security (DHS) published an Interim Final Rule (IFR) implementing the Alien Registration Requirement announced in February, in response to the president’s Executive Order 14159. The IFR will take effect on 11 April 2025.

  • All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a US visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting.
  • Parents and legal guardians of foreign nationals below the age of 14 must ensure that those foreign nationals are registered.
  • Within 30 days of reaching his or her 14th birthday, all previously registered foreign nationals must apply for re-registration and to be fingerprinted.

Many foreign nationals in the United States have already registered, as required by law. However, a significant number of foreign nationals present in the United States have had no direct way to register and meet their obligation under INA 262. USCIS has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered foreign nationals may register and comply with the law as required by the INA. 

Submission of the registration in myUSCIS (currently free of charge) initiates the process for the foreign national’s Biometrics Services Appointment at a USCIS Application Support Centre (ASC). USCIS contacts the registrant regarding the biometrics services appointment and the collection of biometrics, including fingerprints, photograph and signature.

Once a foreign national successfully completes his or her biometrics appointment at an ASC, the ELIS case management systems will trigger the creation of “Proof of Alien Registration” with a unique identifier printed on the document.

For those foreign nationals, such as Canadian nonimmigrants and those under the age of 14, required to register but for whom the fingerprint requirement is waived, the ELIS case management system will trigger the creation of the “Proof of Alien Registration” upon receipt of Form G-325R. This Proof of Alien Registration document will then be posted to the foreign national’s myUSCIS account. This can be downloaded and printed.

Once a foreign national has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which foreign nationals over the age of 18 must carry and keep in their personal possession at all times.

DHS has requested public comment on the option of adding a biometric services fee per registrant of USD 30.

Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other US law.

Feb 2025

Amendments to Temporary Protected Status for Haiti

On 20 February 2025, the Secretary of Homeland Security partially vacated the 1 July 2024, notice that extended and redesignated Haiti for Temporary Protected Status (TPS).

The announcement amends the period of extension and redesignation of Haiti for TPS from 18 months to 12 months, with a new end date of 3 August 2025 (previously 3 February 2026), and makes a corresponding change to the initial registration period for new applicants under the redesignation, which will now remain in effect until 3 August 2025 (instead of 3 February 2026).

FY 2026 H-1B Cap Initial Registration Period Opens on March 7

On 5 February 2025, US Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern Time on 7 March 2025 and continue until noon Eastern Time on 24 March 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated USD 215 H-1B registration fee for each registration submitted on behalf of each beneficiary.

H-1B petitioning employers which do not have a USCIS online account will need to create an organizational account. H-1B petitioning employers which had an H-1B registrant account for the FY 2021 – FY 2024 H-1B registration seasons but did not use the account for FY 2025, will find their existing account is converted to an organizational account after their next log in. First-time registrants can create an account at any time.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until 7 March 2025 to enter beneficiary information and submit the registration with the USD 215 fee. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens.

The FY 2026 H-1B cap will use the beneficiary-centric selection process launched in FY 2025. Under the beneficiary-centric process, registrations are selected by unique beneficiary rather than by registration. If USCIS receives registrations for enough unique beneficiaries by 24 March 2025, it will randomly select unique beneficiaries and send selection notifications via users’ USCIS online accounts. If USCIS does not receive registrations for enough unique beneficiaries, all registrations for unique beneficiaries that were properly submitted in the initial registration period will be selected. USCIS intends to notify by 31 March 2025 prospective petitioners and representatives whose accounts have at least one registration selected.

The US Department of Treasury has approved a temporary increase in the daily credit card transaction limit from USD 24,999.99 to USD 99,999.99 per day for the FY 2026 H-1B cap season. This temporary increase is in response to the volume of previous H-1B registrations that exceeded the daily credit card limit.  Transactions more than USD 99,999.99 may be made via Automated Clearing House (ACH). Use of ACH may require the payor to alert their bank in advance to remove any potential ACH block on their account. USCIS will provide additional information before the start of the initial H-1B registration period.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process. Additional information on the electronic registration process is available on the H-1B Electronic Registration Process page.

Organizational Account Enhancements for FY 2026

For FY 2026, USCIS has made multiple enhancements for organizational and representative accounts for H-1B filing. These enhancements include:

  • The ability for paralegals to work with more than one legal representative. A paralegal will now be able to accept invitations from multiple legal representative accounts, allowing them to prepare H-1B registrations, Form I-129 H-1B petitions, and Form I-907 requests for premium processing for different attorneys, all within one paralegal account;
  • An easier way for legal representatives to add paralegals to company clients.
  • Pre-population of certain Form I-129 fields from selected H-1B registrations; and
  • The ability to prepare a spreadsheet of H-1B beneficiary data and upload the information to pre-populate data in H-1B registrations. 

These enhancements will be live before the start of the initial registration period.

DHS Terminates the 2023 Designation of Venezuela for Temporary Protected Status

After reviewing country conditions and consulting with the appropriate US government agencies, the Secretary of Homeland Security has determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for Temporary Protected Status (TPS), which was due to expire on 2 April 2025.

TPS and related benefits associated with the 2023 designation will no longer be in effect starting on 7 April 2025. After this date, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela designation will no longer have TPS.

This termination determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until 10 September 2025, or to individuals who are registered for TPS under the 2021 designation

Background

TPS is a temporary immigration benefit granted to eligible nationals of a country designated for TPS under the Immigration and Nationality Act (INA), or to eligible aliens without nationality who last habitually resided in the designated country.

During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and obtain an Employment Authorization Document (EAD) so long as they continue to meet the requirements of TPS. TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion. The granting of TPS does not result in or lead to lawful permanent resident status or any other immigration status.

When the Secretary terminates a country's TPS designation, beneficiaries return to the same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or been terminated), or any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid on the date TPS terminates.

Jan 2025

Update on Form I-134A

Due to the 20 January 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until it reviews all categorical parole processes as required by that order.

USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants On

Effective 22 January 2025, United States Citizenship and Immigration Services (USCIS) is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record received the COVID-19 vaccination.

USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

 

Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2025

US Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025 with start dates on or before 31 March 2025, under the H-2B supplemental cap temporary final rule (FY 2025 TFR). 7 January 2025 was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 first half returning worker allocation.

USCIS is still accepting petitions for H-2B nonimmigrant workers with start dates on or before 31 March 2025, for the additional 20,000 visas allotted for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras (country-specific allocation), as well as those who are exempt from the congressionally mandated cap.

The FY 2025 TFR was published on 2 December 2024, with an immediate effective date. USCIS immediately began accepting H-2B petitions with start dates on or before 31 March 2025, for the 20,716 returning worker allocation for the first half of FY 2025, and the 20,000 allocation for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras who are exempt from the returning worker requirement.

Petitioners with start dates on or before 31 March 2025, whose workers were not accepted for the 20,716 returning worker allocation are encouraged to file under the country-specific allocation while visas remain available. As of 7 January 2025, USCIS has received petitions requesting 3,678 workers under the 20,000 visas set aside for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Effective 17 January 2025

The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on 17 January 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs.

 

USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on 17 January 2025 reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on 17 January with no grace period, because the revised edition is necessary to apply the final rules.

The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labour laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on 18 December 2024.

Effective 17 January 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. Those who file Form I-129 on paper by mail, please note that:

  • USCIS will accept the 04/01/24 edition of Form I-129 if it was receivedbefore 17 January 2025;
  • USCIS will reject the 04/01/24 edition of Form I-129 if it is receivedon or after 17 January 2025; and
  • USCIS will only accept the 01/17/25 edition of Form I-129 if it is receivedon or after 17 January 2025.

USCIS Updates Filing Procedures for Form I-140

US Citizenship and Immigration Services (USCIS) today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labour certification, application for Schedule A designation, or national interest waiver (NIW) request.

On 1 June 2023, the US Department of Labor (DOL) implemented a new system for permanent labour certifications, called the Foreign Labour Application Gateway (FLAG), and revised the Application for Permanent Employment Certification (Form ETA-9089) for use within the FLAG system. The revised Form ETA-9089 collects more detailed information about the job opportunity, including specific worksite locations, telecommuting options, and the foreign worker's qualifications. Employers who file Form ETA-9089 through the FLAG system and who receive a labour certification approval generally receive a two-page Final Determination from DOL electronically.

The instructions to Form ETA-9089 state that only a signed Final Determination must be submitted with the Form I-140 petition as evidence of a permanent labour certification approval. This limited requirement is because, as a part of this process change, USCIS receives most of the information about the permanent labour certification directly from DOL under a data sharing agreement (PDF).

USCIS is announcing through this FRN that employers whose labour certifications were processed in the FLAG system must include a printed copy of the electronic Final Determination with their Form I-140, and that USCIS will consider this printed copy as an original, approved labour certification. The Final Determination must be completed and electronically signed by DOL, and must be signed by the foreign worker, employer, and the employer’s attorney or agent, if applicable. In addition, the FRN states that Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089. Finally, the FRN states that a Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A, and a signed Final Determination.

Since 1 June 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labour certification Final Determinations, Schedule A applications, and NIW requests using the edition of the Form ETA-9089 and applicable appendices, developed for the FLAG system, so this FRN does not change any operations or processes. Instead, this FRN is meant to make the public aware of the new documentary requirements for permanent labour certification approvals, Schedule A applications, and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.

USCIS Updates Guidance on EB-2 National Interest Waiver Petitions

US Citizenship and Immigration Services (USCIS) is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).

In general, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labour certification from the Department of Labor. USCIS, however, can waive the requirement of a job offer, and thus, the labour certification if it is in the interest of the United States. In addition, individuals seeking an NIW may file a petition on their own behalf.

A petitioner seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business.

The new guidance explains how, for advanced degree professionals seeking an NIW, USICS considers whether the occupation in which the petitioner proposes to advance an endeavour is a profession and, if applicable, whether the five years of post-bachelor’s experience is in the specialty. The guidance also addresses how, for persons of exceptional ability seeking an NIW, that exceptional ability must relate to the endeavour proposed as part of the NIW request. USCIS determines the relationship of exceptional ability to the proposed endeavour on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.

In addition, this new guidance provides information about how USCIS evaluates whether a proposed endeavour has national importance and explains how USCIS evaluates evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavour.

This new guidance builds on a previous Policy Manual update that discussed the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

This guidance, contained in Volume 6, Part F, Chapter 5 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. For more information and filing tips, see Employment-Based Immigration: Second Preference EB-2.

1/3/25

USCIS to Publish Revised Form I-129, Petition for a Nonimmigrant Worker

On 17 January 2025, United States Citizenship and Immigration Services (USCIS) will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). The form has been revised to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule.  

The 01/17/25 edition of Form I-129 replaces the 04/01/24 edition of Form I-129. There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. Effective 17 January 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of the form.  

USCIS is providing a preview version of the 01/17/25 edition of Form I-129 (PDF, 2.19 MB) and its instructions. Applicants must not file the 01/17/25 edition of Form I-129 before 17 January 2025. USCIS will only accept the 01/17/25 edition of this form if it is received on or after 17 January 2025.  

Those who file Form I-129 on paper by mail should note that:

  • USCIS will accept the 04/01/24 edition of Form I-129 if it is received before 17 January 2025;
  • USCIS will not accept the 04/01/24 edition of Form I-129 if it is received on or after17 January 2025; and 

USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after 17 January 2025.

12/27/24

Updated policy guidance on evidence for applicants under the International Entrepreneur Rule

United States Citizenship and Immigration Services (USCIS) has issued updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule. The guidance covers evidence of the applicant’s central and active role in the startup entity and of the applicant’s position to substantially help the entity grow and succeed.

The guidance also expands on the types of evidence that can show qualified investments and qualified government awards or grants, and the types of alternative evidence that an applicant may submit. It also clarifies the types of evidence that can support a finding of significant public benefit.

The guidance, contained in Volume 3 of USCIS Policy Manual, is effective immediately and applies to requests pending or filed on or after 12 December 2024.

DHS amends H-1B programme

On 17 December 2024, the Department of Homeland Security (DHS) announcedfinal rule that aims to significantly enhance US companies’ ability to fill job vacancies in critical fields.

The new rule modernizes the H-1B program by streamlining the approvals process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.

The H-1B nonimmigrant visa program allows US employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

The final rule aims to provide greater flexibilities for employers and workers by modernizing the definition and criteria for specialty occupation positions as well as for nonprofit and governmental research organizations that are exempt from the annual statutory limit on H-1B visas.

The rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorization for those F-1 students. To improve program efficiency, the final rule will allow USCIS to more quickly process applications for most individuals who had previously been approved for an H-1B visa. It will also allow H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to reasonable conditions.

Finally, the rule strengthens program integrity by codifying USCIS’ authority to conduct inspections and impose penalties for failure to comply; requiring that the employer must establish that it has a bona fide position in a specialty occupation available for the worker as of the requested start date; clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in court in the United States.

In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker is required for all petitions.

DHS amends H-2 programmes

On 17 December 2024, the Department of Homeland Security (DHS) announcedfinal rule which aims to allow US companies that need seasonal workers to more quickly and efficiently fill those jobs.

The H-2 nonimmigrant visa programs allow qualified US employers who are unable to hire qualified US workers to petition for foreign nationals to fill temporary or seasonal agricultural and non-agricultural jobs. The final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labour laws, and provides greater flexibility for H-2A and H-2B workers.

The rule’s provisions span three areas:

Improving Program Efficiency

  • This final rule removes the requirement that USCIS may generally only approve petitions for H-2 nonimmigrant status for nationals of countries designated as eligible to participate in the H-2 programs, eliminating the need for DHS to compile and publish annual lists of designated countries.
  • It also simplifies the rules regarding the effect of a departure from the United States on the three-year maximum period of stay for workers participating in the H-2 programs, by eliminating the “interrupted” stay provisions and instead providing a uniform period of absence from the United States (at least 60 days) to reset the 3-year clock.

Strengthening Worker Protections and Increasing Program Integrity

  • This final rule revises and clarifies provisions regarding prohibited fees by strengthening the existing bar on charging certain fees to H-2A and H-2B workers, including by imposing new consequences for companies that charge these fees and denying their H-2 petitions in certain circumstances.
  • The final rule also institutes certain mandatory and discretionary grounds for denying an H-2A or H-2B petition filed by a petitioner who, among other things, has been found to have committed certain labour or other legal violations or misused the H-2 programs.
  • Under the rule, H-2A and H-2B workers will now have whistleblower protections comparable to the protections that are currently offered to H-1B workers.
  • The final rule clarifies requirements for petitioners and employers to consent to, and fully comply with, USCIS compliance reviews and inspections. It also clarifies USCIS’ authority to deny or revoke the approval of a petition if USCIS is unable to verify information related to the petition, including where such inability is due to lack of cooperation from a petitioner or an employer during a site visit or other compliance review.

Enhancing Worker Flexibility

The final rule harmonizes and adds new grace periods. Specifically, it:

  • Adds a new grace period for up to 60 days following a cessation of employment, during which an H-2 worker may seek new qualifying employment or prepare for departure from the United States without violating their H-2 status or accruing unlawful presence;
  • Extends the existing 30-day grace period following certain revocations to a period of up to 60 days and expands the provision to cover all revocations of H-2 petition approvals;
  • Affirms that H-2A and H-2B workers are considered to be maintaining their H-2 status for a period of up to 10 days before the petition’s validity period and up to 30 days following the expiration of that period.

The final rule allows for “portability,” meaning that eligible H-2 nonimmigrants can immediately begin to work with a new employer as soon as the employer properly files an extension of stay petition, rather than requiring them to wait until the petition is approved.

The final rule clarifies that H-2 workers will not be considered to have failed to maintain their H-2 status and will not be denied H-2 classification on the sole basis of having taken certain steps toward becoming lawful permanent residents of the United States.

In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker is required for all petitions.

 

12/13/24

Permanent Increase of the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants

On 10 December 2024, The Department of Homeland Security (DHS) announced a final rule that will support US employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers.

The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022. 

This final rule aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the US economy. In addition to today’s final rule, USCIS has taken a number of steps to reduce EAD processing times overall and streamlined adjudication processing, including:

  • Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date;
  • Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants;
  • Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median;
  • Extending the EAD validity period for certain categories of applicants from two years to five years;
  • Streamlining the processing of refugee EAD applications; and
  • Expanding online filing of EAD applications to asylum applicants and parolees.

 

USCIS Revised Form I-485, Application to Register Permanent Residence or Adjust Status

On 10 December 2024, United States Citizenship and Immigration Services (USCIS) published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status, which includes updates to questions and instructions. Starting 10 February 2025, USCIS will accept only the 10/24/24 edition of Form I-485 and will reject any older editions of Form I-485.

The new edition of Form I-485 features these major changes:

  • Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485.  If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected;
  • Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support. Form I-864W has been discontinued and removed it from uscis.gov;
  • A clarification of the form questions about the public charge ground of inadmissibility. The questions now will require an applicant to identify their immigrant category so that USCIS can more easily determine whether or not they are exempt from this ground of inadmissibility and can adjudicate the application accordingly. USCIS expects that this change will reduce confusion among applicants; and
  • Streamlines the collection of information and consolidates and clarifies instructions and requirements.

Revising the form is part of an agency-wide initiative to reduce the burden on people who apply for immigration benefits and services. Specifically, incorporating Form I-864W into Form I-485 eliminates the need for a separate form.

12/9/24

USCIS Reaches Fiscal Year 2025 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025.

USCIS will send non-selection notices to registrants through their online accounts over the next few days. Once these non-selection notifications are all sent, the status for properly submitted registrations that were not selected for the FY 2025 H-1B numerical allocations will show:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap.

USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

US businesses use the H-1B program to employ foreign workers in specialty occupations.

USCIS Now Requires Report of Immigration Medical Examination and Vaccination Record to be Submitted with Form I-485 for Certain Applicants

United States Citizenship and Immigration Services (USCIS) now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected.

Applicants for adjustment of status generally must complete an immigration medical examination and all required vaccinations and submit a properly completed Form I-693 signed by a civil surgeon to show they are free from health conditions that would render them inadmissible under the health-related grounds.

Those who are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record) must submit it with their Form I-485. Otherwise, USCIS may reject the Form I-485. USCIS has revised the Form I-485 instructions to make filing the two forms together a requirement.

UCIS has made this change to reduce the number of Requests for Evidence issued before adjudicating a Form I-485.

12/4/24

Nearly 65,000 Additional H-2B Visas Available for Fiscal Year 2025

As expected, the Department of Homeland Security (DHS), and the Department of Labor (DOL) issued a temporary final rule (TFR) making available an additional 64,716 H-2B temporary non-agricultural worker visas for fiscal year (FY) 2025.

These supplemental visas are aimed at helping US employers who are unable to find US workers who are available, willing, and qualified to do the temporary work in industries such as hospitality and tourism, landscaping, seafood processing, and many other sectors.

DHS, in coordination with DOL, has authorized supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for each of those fiscal years by Congress.

The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or held H-2B status in FY 2022, FY 2023, or FY 2024, regardless of their country of nationality. The remaining 20,000 visas are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether they are returning workers.

The supplemental H-2B visas have been divided into the following four allocations:

  • First half of FY 2025 (1 October 2024, to 31 March 2025): 20,716 immediately available visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality.  These petitions must request employment start dates on or before 31 March 2025.
  • Early second half of FY 2025 (1 April 2025, to 14 May 2025): 19,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality.      These early second half of FY 2025 petitions must request employment start dates from 1 April 2025 to 14 May 2025.
  • Late second half of FY 2025 (15 May 2025, to 30 September 2025): 5,000 visas are limited to returning workers - those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality.  These late second half of FY 2025 petitions must request employment start dates from 15 May 2025 to 30 September 2025.
  • Entirety of FY 2025: 20,000 visas immediately available are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 may file their petitions immediately after the publication of this TFR. Employers requesting an employment start date in the second half of FY 2025 must file their petitions no earlier than 15 days after the second half statutory cap is reached.

Employers seeking to hire H-2B workers under the FY 2025 supplemental cap must attest that they are suffering or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on the petition. Employers seeking to hire H-2B workers must take a series of steps to test the US labour market. They must provide certification from DOL that proves there are not enough US workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers.

It is critically important to protect H-2B workers from exploitation and abuse. The temporary final rule features several provisions to protect H-2B workers. DHS will subject employers that have committed certain labour law violations in the H-2B program to additional scrutiny in the supplemental cap petition process. This additional scrutiny is aimed at ensuring compliance with H-2B program requirements and obligations. Further, on 20 September 2023, DHS published a notice of proposed rulemaking to modernize and improve both the H-2B and H-2A programs, including by providing greater flexibility and protections for participating workers.

The H-2B program permits employers to temporarily hire noncitizens to perform non-agricultural labour or services in the United States. The employment must be for a limited period of time, and the petitioner must have a temporary need for services or labour to be performed, that is, a one-time occurrence, peak load need, seasonal need, or intermittent need.

Japan joins Global Entry

On 26 November 2024, US Customs and Border Protection (CBP) announced that Japan is now an official Global Entry partner country, marking a significant step in strengthening travel and security cooperation between the two nations.  

Global Entry partnership allows pre-vetted, low-risk Japanese citizens to expedite customs and immigration processing upon arrival to the United States. Japanese Global Entry applicants will undergo the same rigorous and recurring background checks as US applicants, including an in-person interview before initial enrolment, and require vetting by Japanese authorities. To maintain low-risk traveller status, Global Entry members must not violate any of the program’s terms and conditions, doing so will result in appropriate enforcement action and termination of the traveller’s membership privileges.  

Global Entry is part of CBP’s Trusted Traveler Programs, with millions of travellers benefiting from its expedited entry services every year. The program also provides the benefit of access to TSA PreCheck® for eligible members, offering quicker security screening for domestic travellers at participating US airports.   

Additional Global Entry partner countries include Argentina, Bahrain, Brazil, Colombia, Croatia, the Dominican Republic, Germany, India, Mexico, the Netherlands, Panama, South Korea, Singapore, Switzerland, Taiwan, the United Arab Emirates, and the United Kingdom. 

Approved members have the option of using the Global Entry Mobile App to digitally confirm their eligibility and arrival to the US, further streamlining and expediting the entry process.

11/22/24

DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

The Department of Homeland Security (DHS), in consultation with the Department of State (State), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the next 12 months. The notice listing the eligible countries was published in the Federal Register on 8 November 2024.

Effective 8 November 2024, the Secretary of Homeland Security, with the concurrence of the Secretary of State, has decided to:

  • Add Belize to the list of countries eligible to participate in the H-2A and H-2B programs.
  • Not remove any country previously designated to be eligible to participate in the H-2A and H-2B programs.

DHS, in consultation with State, maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, if a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to US interest.

The H-2A and H-2B visa programs allow US employers to bring foreign nationals to the United States to fill temporary agricultural and non-agricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Effective 8 November 2024, nationals of the following countries are eligible to receive H-2A and H-2B visas:

 

Andorra, Argentina, Australia, Austria, Barbados, Belgium, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Eswatini, Fiji Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Monaco,. Mongolia (H-2B only), Montenegro, Mozambique, Nauru, Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama, Papua New Guinea, Paraguay (H-2A only), Peru, Philippines (H-2B only), Poland, Portugal, Romania, Saint Lucia, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved before the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from 8 November 2024, until 7 November 2025.

DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2025

the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it expects to make an additional 64,716 H-2B temporary non-agricultural worker visas available for Fiscal Year (FY) 2025, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.

These additional H-2B visas represent the maximum permitted under the authority provided by Congress and are identical to the additional temporary visas provided in FY 2024. DHS, in coordination with DOL, has authorized supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for each of those fiscal years by Congress.

American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand for their goods and services. The supplemental visa allocation will help address the need for seasonal and temporary workers in areas where too few US workers are available, willing and qualified to do the temporary work and address the labour needs of American businesses.

Consistent with prior years, the Department is publicly announcing its plans to make these supplemental visas available early in FY 2025—just as it did in FY 2023 and FY 2024—to ensure American businesses with workforce needs are able to plan ahead and find the seasonal and other temporary workers they need. At the same time, DHS and DOL have put in place robust protections for American and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the H-2B program requires, and that foreign workers hired are not exploited by unscrupulous employers.

The H-2B supplemental rule would include an allocation of 20,000 visas to workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica and a separate allocation of 44,716 supplemental visas that would be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The regulation would allocate the supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season.

The H-2B visa program permits eligible employers to hire noncitizens to perform temporary non-agricultural labour or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, peak load need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the US labour market. They must obtain certification from DOL that there are not enough US workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers. The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.

11/19/24

Immigration Medical Examination Documentation Will Be Valid Indefinitely for Certain Afghan Nationals

United States Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual, Volume 8, Part B, Chapter 3, to reflect that immigration medical examination documentation for certain Afghan nationals who arrived in the United States during Operation Allies Welcome (OAW) is valid indefinitely.

This means that Afghan nationals who arrived in the United States during OAW and meet certain conditions will not have to repeat an immigration medical examination when they apply to adjust their status to lawful permanent resident (also known as getting a Green Card).

This updated guidance is effective immediately and applies to any Form I-485, Application to Register Permanent Residence or Adjust Status, that is pending or filed on or after 13 November 2024. This updated guidance applies to Afghan nationals who arrived in the United States during OAW and received a full immigration medical examination either in the United States (documented on Form I-693, Report of Immigration Medical Examination and Vaccination Record) or outside the United States (documented on Form DS-7794, Electronic Medical Examination for Visa Applicant, or Form DS-2054, Medical Examination for Immigrant or Refugee Applicant).

USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization

US Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.

USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent re-entries to the United States.

This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date.

10/29/24

USCIS Updates Policy Manual Guidance for T Visa

United States Citizenship and Immigration Services (USCIS) has updated its guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on 30 April 2024.

T nonimmigrant status, also called a T visa, allows certain victims of human trafficking to stay in the United States for an initial period of up to four years. The final rule strengthens the integrity of the T visa program and ensures eligible victims of human trafficking can get protections and stabilizing benefits in a timely way.

USCIS’ updated policy guidance (PDF, 232.24 KB) is effective immediately and applies generally to applications pending or filed on or after 28 August 2024, except for the bona fide determination process, which generally only applies to applications filed on or after 28 August 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before 28 August 2024, if it would make an applicant who was eligible under the previous regulations, ineligible.

Specifically, this policy guidance:

  • Emphasizes and expands on the “any credible evidence” provision and its applicability to applications for T nonimmigrant status;
  • Emphasizes a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status;
  • Explains the bona fide determination process for applicants for T nonimmigrant status;
  • Provides additional exceptions to the general rule that departures from the United States after trafficking render an applicant unable to establish physical presence on account of their trafficking;
  • Revises the definition of “law enforcement agency”;
  • Clarifies the requirement that an applicant must establish that a perpetrator engaged in a specific prohibited action “for the purpose of” inducing a commercial sex act or subjecting the applicant to involuntary servitude, peonage, debt bondage, or slavery; and
  • Explains that an applicant generally must report their trafficking to law enforcement authorities with jurisdiction to investigate their trafficking to satisfy the reporting requirement.

In addition, when an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, under category (c)(40), USCIS will consider whether to grant them deferred action and an Employment Authorization Document while the application for T nonimmigrant status is adjudicated. USCIS recommends that applicants submit Form I-765 with their Form I-914, Application for T Nonimmigrant Status. Applicants for T nonimmigrant status do not need to pay

10/14/24

Updated guidance on the International Entrepreneur Rule

United States Citizenship and Immigration Services (USCIS) has updated guidance on the International Entrepreneur Rule in its Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how we arrange biometrics appointments for certain applicants.

The updated guidance reflects the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount Requirements Final Rule published in July 2024. The final rule codifies the automatic adjustment of the investment, award, grant, and revenue amounts for applicants under the International Entrepreneur Rule.

The guidance also clarifies that USCIS generally coordinates with the US Department of State when arranging biometrics appointments for conditionally approved applicants under the International Entrepreneur Rule who are outside the United States or who choose to receive their parole documentation at a US embassy or consulate.

The revised investment and revenue amounts are effective 1 October 2024 and apply to requests filed on or after 1 October 2024.

This guidance updates Volume 3 of the Policy Manual and is effective immediately.

10/7/24

USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability

US Citizenship and Immigration Services (USCIS) is issuing policy guidance in its Policy Manual to further clarify the types of evidence that may be evaluated to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

This policy guidance:

  • Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavour;
  • Clarifies that USCIS considers past memberships under the membership criterion;
  • Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and
  • Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that we will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence

This new guidance builds on a previous EB-1 policy update, providing more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

This policy update is effective immediately and is controlling and supersedes any related prior guidance on the topic. For more information, see the Policy Manual, Volume 6, Part F, Chapter 2.

9/20/24

USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

Effective 10 September 2024, US Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.  

Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card. 

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. On 10 September 2024, USCIS began printing amended receipt notices for individuals with a pending Form I-90.  

These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

Those who no longer have their Green Card and who need evidence of lawful permanent resident status while waiting to receive a replacement Green Card may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and may be issued an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after filing Form I-90. 

More information is available at the Replace Your Green Card page.

9/13/24

California Service Centre Relocates

On 12 August 2024, the California Service Centre (CSC) moved to a new facility as USCIS centralizes processing for immigration benefits. The new address is:

USCIS CSC
2642 Michelle Drive
Tustin, CA 92780

The CSC has three new P.O. boxes to intake US Postal Service mail while UPS, FedEx, DHL, and all other commercial carrier mail will go to CSC’s new facility address. Individuals should refer to form filing address and contact pages on uscis.gov in the coming days to find the specific address information depending on the form or correspondence type being submitted.

The previous mailing address for the CSC was WS 13057 P.O. Box 10751, Laguna Niguel, CA 92607-1075. USCIS will continue to accept mail at this address until 30 September 2024. After 30 September 2024 there will be a two-week grace period, during which time any mail received at the Laguna Niguel P.O. box will be forwarded to the Tustin P.O. box. Beginning 15 October 2024, all mail received at the Laguna Niguel P.O. box will be returned as “Return to Sender.”  Individuals responding to USCIS correspondence issued on or before 12 August 2024, such as a Request for Evidence, Notice of Intent to Deny, or Notice of Intent to Revoke, should mail their responses to:

USCIS CSC
P.O. Box 30113/ALL OTHER
Tustin, CA 92781

On 1 September 2024, USCIS changed the filing location for Form I-865, Sponsor’s Notice Change of Address, to the Texas Service Centre address below:

USCIS TSC
Attn: I-865
6046 N. Belt Line Road, Suite 865
Irving, TX 75038-0021.

There is a 60-day grace period for filings mailed to the California, Nebraska, or Vermont Service Centre. These centres will reject any filing postmarked after 1 November 2024. The reason for this change is to support the service centres’ ongoing efforts to increase efficiency and centralize the intake and digitization of forms.

 

The CSC also has a new filing address for paper inquiries related to Form I-751 waivers based on battery or extreme cruelty. These inquiries will now be mailed to the addresses below:

US Postal Service:

US Citizenship and Immigration Services
California Service Centre
P.O. Box 30113 / ALL OTHER
Tustin, CA 92781

FedEx, UPS, and DHL Deliveries:

US Citizenship and Immigration Services
California Service Centre
2642 Michelle Drive
Tustin, CA 92780

 

As a reminder, service centres do not provide in-person services, conduct interviews, or receive walk-in applications, petitions, or questions. They work only on certain applications or petitions that applicants have mailed, filed online, or filed with a USCIS Lockbox.

8/30/2024

USCIS Updates Guidance for F/M Nonimmigrant Student Classification

United States Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.

The Policy Manual update:

  • Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
  • Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.
  • Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
  • Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
  • Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.
  • Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.

This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

 

8/26/24

Implementation of keeping Families Together process

On 19 August 2024, The Department of Homeland Security today announced a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of US citizens. 

USCIS will immediately begin accepting requests from eligible individuals for this process on Aug. 19, 2024. Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of US Citizens, online after creating a myUSCIS account. The filing fee is USD 580. Fee waiver requests for Form I-131F will not be accepted.

In order to be eligible for consideration, noncitizen spouses of US citizens must:

  • Be present in the United States without admission or parole;
  • Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
  • Have a legally valid marriage to a US citizen on or before June 17, 2024;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

Noncitizen stepchildren of US citizens must:

  • Have been under the age of 21 and unmarried on June 17, 2024;
  • Be present in the United States without admission or parole;
  • Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
  • Have a noncitizen parent who entered into a legally valid marriage with a US citizen on or before June 17, 2024, and before their 18th birthday;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.

DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens may meet these eligibility criteria. If granted parole, these noncitizen spouses and noncitizen stepchildren of US citizens, if otherwise eligible, could apply for lawful permanent residence without leaving the country.

 

USCIS has published additional information on eligibility criteria, the application process, examples of the types of evidence noncitizens must submit to establish eligibility; how to create an online account and file Form I-131F online; and how to avoid scams in this process. You can find more information on the Keeping Families Together page.

US Embassy in Havana expands visa services to include some work and exchange visas; B1/B2 visa services remain suspended

On 19 August 2024, the US Embassy in Havana will expand visa services to include certain categories of temporary work and exchange program visas.  Cubans with temporary work petitions approved by US Citizenship and Immigration Services (USCIS) and participants in exchange visitor programs with an approved Certificate of Eligibility will be able to schedule a visa interview at the US Embassy in Havana.

This change does not include nonimmigrant visas for persons who want to enter the United States temporarily for business (B-1 visa) or for tourism (B-2 visa).   Cubans must still travel to another US Embassy or consulate for routine B1/B2 visa interviews.

The expanded visa services at the US Embassy in Havana will include the following categories:

 

Temporary workers or trainees

J

Exchange visitors

L

Intracompany transferees

O

Workers with extraordinary ability or achievement

P

Athletes, artists, and entertainers

Q

International cultural exchange participants

R

Members of a religious denomination performing religious work

 

A visa appointment is not a guarantee of visa issuance. Applicants must demonstrate their qualifications for the visa under U.S. law and regulations.

To be scheduled for an interview appointment for categories H, L, O, P, Q, and R, applicants will be required to submit evidence of their approved petition (Form I-797 Notice of Action) from USCIS.  

To apply for an interview for a J visa, applicants must submit a Certificate of Eligibility for Exchange Visitor Status, Form DS-2019, issued by the exchange program sponsor. 

Interviews will be scheduled only after an approved Form I-797 or Form DS-2019 have been submitted to the Embassy.

Applicants also need to provide the required application, fees, a valid passport, and a current photo.

8/19/24

Second Random Selection from Previously Submitted Registrations Complete for FY 2025 H-1B Regular Cap

United States Citizenship and Immigration Services (USCIS) has announced that it has randomly selected a sufficient number of additional registrations for unique beneficiaries as needed to reach the fiscal year 2025 H-1B regular cap from the remaining properly submitted FY 2025 registrations. 

At the end of July 2024, USCIS announced that it would need to select additional registrations to reach the regular cap numerical allocation. Additionally, it has notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2025, and only for the beneficiary named in the applicable selected registration notice.

USCIS did not conduct a second selection for the advanced degree exemption (the master’s cap), as enough masters cap registrations had already been selected and sufficient petitions were received based on these registrations as projected to meet the masters cap numerical allocation.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.

Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

On 31 January 2024, USCIS published a final rule that adjusted the fees required for most immigration applications and petitions. The new fees are effective as of 1 April 2024. Petitions must include the new fees, or USCIS will not accept them. Additionally, there is a new edition of Form I-129, Petition for a Nonimmigrant Worker. USCIS will only accept the 04/01/24 edition of this form.

As a reminder, USICS recently announced final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective 26 February 2024. If USCIS receive a Form I-907 postmarked on or after that date, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee.

8/2/24

USCIS Will Conduct Second Random Selection for Regular Cap from Previously Submitted FY 2025 H-1B Cap Registrations

In March 2024, United States Citizenship and Immigration Services (USCIS) conducted an initial random selection on properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including for beneficiaries eligible for the advanced degree exemption.

Only those petitioners with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions during the filing period on their registration selection notice. The initial filing period for those with selected registrations for FY 2025 was from 1 April until 30 June 2024.

USCIS recently determined that it would need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation. Soon, USCIS will select additional registrations for unique beneficiaries from previously submitted electronic registrations using a random selection process, and will notify prospective petitioners with selected registrations from this second round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. USCIS will announce when it has completed this second process of selections and notifications.

USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), as enough master’s cap registrations were already selected and sufficient petitions were received based on those registrations as projected to meet the FY 2025 masters cap numerical allocation. The second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.

Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which includes details of when and where t

7/26/24

USCIS to Begin Triennial Investment and Revenue Threshold Updates for International Entrepreneur Rule

Effective 1 October 2024, US Citizenship and Immigration Services (USCIS) will increase the investment and revenue thresholds under the International Entrepreneur Rule, as required every three years. The application fee will not change.

Background

The International Entrepreneur Rule, published in 2017, provides a framework for the Department of Homeland Security to use its parole authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who would provide a significant public benefit through their startup entity’s potential for rapid growth and job creation. If granted parole, the entrepreneur is authorized to work for their startup entity incident to their parole, and their spouse, if also granted parole, is eligible to apply for employment authorization to work in the United States.

The final International Entrepreneur Rule required that USCIS adjust the investment and revenue thresholds in 8 CFR 212.19 for inflation every three years. The next automatic adjustment will take effect on 1 October 2024.

Key Changes

As required by regulation, USCIS will make the following dollar figure adjustments:

  • For an initial application, entrepreneurs must demonstrate the startup entity’s substantial potential for rapid growth and job creation by showing at leastUSD311,071 (currently USD264,147) in qualified investments from qualifying investors, at least USD124,429 (currently USD105,659) in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  • For a second period of authorized stay under the International Entrepreneur Rule, the entrepreneur generally must demonstrate that the start-up entity has either:
    • Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at leastUSD622,142 (currently USD528,293);
    • Created at least five qualified jobs; or
    • Reached annual revenue in the United States of at leastUSD622,142 (currently USD528,293) and averaged at least 20% in annual revenue growth.
  • The definition of a “qualified investor” requires the investor to have a history of substantial investment in successful startup entities. We generally consider such an individual or organization a qualified investor if, during the preceding five years, the following apply:
    • The individual or organization made investments in startup entities of at leastUSD746,571(currently USD633,952) in total, in exchange for equity, convertible debt, or other security convertible into equity commonly used in financing transactions within the startup entities’ respective industries; and
    • After such investment by such individual or organization, at least two such startup entities each created at least five qualified jobsor generated at least USD622,142 (currently USD528,293) in revenue with average annualized revenue growth of at least 20%.

The Department of Homeland Security (DHS) will publish the adjusted dollar amounts in a final rule on 25 July 2024. The final rule will be effective on 1 October 2024.

7/19/24

Further details of upcoming measures to facilitate lawful permanent residence for noncitizen family of US citizens

US Citizenship and Immigration Services (USCIS) has announced that on 19 August 2024 it will begin accepting applications for a (previously-announced) new process to help noncitizen spouses and children of US citizens to apply for lawful permanent residence without leaving the country.

This is known as the Process to Promote the Unity and Stability of Families.

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, applicants must:   

  • be present in the United States without admission or parole;
  • have been continuously present in the United States for at least 10 years as of 17 June 2024;
  • have a legally valid marriage to a US citizen as of 17 June 2024;
  • not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • otherwise merit a favourable exercise of discretion.

USCIS may also consider certain noncitizen children of requestors under this process if, as of 17 June 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a US citizen.

More information about these eligibility criteria will be available in a forthcoming Federal Register notice.

Potential applicants can begin to prepare to file a parole application by gathering evidence of eligibility.

Updated guidance on children’s citizenship

Effective 18 July 2024, US Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual regarding provisions for children’s acquisition of citizenship.

The guidance, contained in Volume 12 of the Policy Manual applies to applications that are pending or filed on or after the date of publication.

The guidance:

  • Affirms that applicants who already filed an application for a Certificate of Citizenship and were denied, but become eligible following a change in USCIS policy, may file a motion to reopen the prior USCIS denial of their application.
  • Clarifies that a US citizen parent may meet the requirement of physical presence in the United States (or outlying possession) before the child’s birth while in any immigration status, or no status.
  • Clarifies that in cases where a child is born out of wedlock to two US citizen parents and cannot acquire US citizenship from the father, the mother meets the requirement by demonstrating one year of continuous physical presence in the United States or one of its outlying possessions before the child’s birth.
  • Affirms that, for purposes of acquiring citizenship at birth, USCIS requires that a parent must be recognized as a legal parent of the child by the relevant jurisdiction at the time of the child’s birth.
  • Clarifies that a child acquires citizenship under statutes requiring all conditions to be met while the child is under 18 years of age if the last condition was satisfied on the day of the child’s 18th birthday. Similarly, a child is eligible to obtain citizenship under INA 322 if USCIS approves the application and the child takes the oath (if required) on the day of the child’s 18th birthday.
  • Confirms that USCIS accepts a valid and unexpired US passport or a Consular Report of Birth Abroad (CRBA) as evidence of US citizenship. However, USCIS also determines whether the applicant properly acquired US citizenship and if necessary, may request that the Department of State revoke the US passport or cancel the CRBA before USCIS adjudicates an application for a Certificate of Citizenship.
  • Clarifies processes when USCIS, in addition to an applicant’s claim of US citizenship, adjudicates claims to US citizenship for an applicant’s parents or grandparents (sometimes called “nested claims of US citizenship”). When adjudicating applications for a Certificate of Citizenship, if an applicant’s parent or parents’ US citizenship is unknown or unclear, the officer must determine the applicant’s parents’ (and, if necessary, grandparents’) US citizenship status before adjudicating the applicant’s citizenship claim.
  • Clarifies that for purposes of an application for naturalization filed under the provision for children of a US citizen who subjected them to battery or extreme cruelty, a stepchild’s relationship with the US citizen stepparent does not need to continue to exist at the time of the application for naturalization.

The update also includes various changes to nationality charts in the Policy Manual.

6/24/24

Measures to facilitate lawful permanent residence for noncitizen family of US citizens

On 18 June 2024, the President and the Department of Homeland Security (DHS) announced a new process to help noncitizen spouses and children of US citizens to apply for lawful permanent residence without leaving the country.

They also announced a program to allow Deferred Action for Childhood Arrivals (DACA) recipients and other Dreamers (children brought to the US without documentation), who have earned a degree at an accredited US institution of higher education in the United States, and who have received an offer of employment from a US employer in a field related to their degree, to more quickly receive work visas.

In order to be eligible for a green card, noncitizens must – as of 17 June 2024 – have resided in the United States for 10 or more years and be legally married to a US citizen, while satisfying all applicable legal requirements. On average, those who are eligible for this process have resided in the US for 23 years.

Those who are approved - after a case-by-case assessment of their application by the Department of Homeland Security (DHS) - will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.  

 

The announcement states that this action will protect approximately half a million spouses of US citizens and approximately 50,000 noncitizen children under the age of 21 whose parent is married to a US citizen.

USCIS Extends Employment Authorization Documents under Temporary Protected Status Designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan

US Citizenship and Immigration Services (USCIS) is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through 9 March 2025. USCIS will send a Form I-797, Notice of Action, notifying beneficiaries who are affected by this extension.

Current TPS beneficiaries under one of these designations who have not yet re-registered for TPS under the most recent extension for that designation must submit Form I-821, Application for Temporary Protected Status, during the current re-registration period to keep your TPS benefits. DHS previously extended the re-registration periods for individuals to submit TPS applications:

  • El Salvador now runs until 9 March 2025;
  • Honduras now runs until 5 July 2025;
  • Nepal now runs until 24 June 2025;
  • Nicaragua now runs until 5 July 2025; and
  • Sudan now runs until 19 April 2025.

While the re-registration periods end on different dates, EADs are all extended until the same date: 9 March 2025. Instructions for re-registration for TPS and renewal of EAD can be found in the most recent Federal Register notice that extends TPS for the relevant country (or extends and redesignates that country for TPS).

 

Portuguese nationals now eligible for E1/E2 visas

 

Effective immediately, Portuguese nationals are eligible to apply for E-1 and E-2 trade and investment visas. The E-1 and E-2 visas allow individuals to enter the United States to conduct substantial trade or invest a substantial amount of capital respectively.

The US embassy in Lisbon recently announced the full implementation of the Advancing Mutual Interests and Growing our Success (AMIGOS) Act, signed by the US president in December 2022, which includes Portuguese access to these visas.

Further information is available here.

6/17/24

New visa appointment system for Kazakhstan, Kyrgyzstan and Uzbekistan

The U.S. embassies in Kazakhstan, Kyrgyzstan and Uzbekistan have announced the launch of a new visa appointment booking service, effective 10 June 2024.

All visa applicants should use this website beginning June 10 to obtain visa information, pay any required nonimmigrant visa fees, schedule a nonimmigrant visa appointment, and receive document courier services.

Through the new appointment system, applicants qualifying for interview waiver will be able to submit their visa application documents through a courier service and collect their documents following adjudication at designated pick-up locations.

Please note that the visa application fee will not increase as a result of these process changes.

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5/24/24

Updated guidance for family-based immigrant visas

Effective 22 May 2024, US Citizenship and Immigration Services (USCIS) has updated its guidance in the USCIS Policy Manual on family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant), including explaining the handling of approval notice error correction, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for approved petitions.

Petitioners submitting Form I-130, Petition for Alien Relative, must inform USCIS of the beneficiary’s current address and whether the beneficiary wants consular processing with the Department of State National Visa Center (NVC) or adjustment of status in the United States, if eligible. Providing this information causes USCIS to keep the approved petition for adjustment of status processing or send it to the NVC for consular processing, as appropriate. If accurate information is not provided on the petition, it can delay the immigrant visa or adjustment of status process. For example, if USCIS keep a petition because inaccurate information was provided, the petitioner must generally file Form I-824, Application for Action on an Approved Application or Petition, with the appropriate fee, to transfer the petition to the NVC.

Before issuing this update, USCIS generally kept approved petitions that did not clearly indicate whether the beneficiary wanted adjustment of status or consular processing. This update clarifies procedures for family-based immigration petitions, to promote more efficient processing where the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed or a correction is needed.

This updated guidance provides that if petitioners do not clearly indicate whether their beneficiary wants consular processing or adjustment of status, USCIS will use discretion to decide whether to send the approved petition to the NVC for consular processing or keep the petition for adjustment of status processing, based on evidence of the beneficiary’s most recent location, including the beneficiary’s address on the petition.

This updated guidance also explains how petitioners can contact USCIS to correct an error or update a pending or approved Form I-130. This includes updating the beneficiary’s location and indicating whether they want consular processing or adjustment of status.

Finally, this updated guidance provides general guidance on how USCIS decides whether to approve or deny a family-based immigrant petition, including relevant notices.

5/10/24

Japanese language and culture specialists can now stay for up to three years

Under a new Memorandum of Cooperation with Japan, the US Department of State (DOS) has extended the permitted duration of stay under the J-1 visa classification for Japanese language and culture specialists from one year to three years.

The J-1 Exchange Visitor Program facilitates work-based and study-based exchanges in a range of professional fields. The “specialist” category is established for experts who can thereby visit the United States to observe, consult, or demonstrate their special skills.

Eligible Japanese-national specialist are issued a J-1 nonimmigrant visa valid initially for one year, with the option of a one-time extension for up to an additional 24 months, at the sponsor’s discretion.

Japanese exchange visitors are expected to share their specialized knowledge of Japanese, language, education and culture in community-based non-profit organisations, US government offices and secondary and post-secondary schools and institutions.

4/26/24

USCIS to Open International Field Offices in Qatar and Turkey

On 23 April 2024, US Citizenship and Immigration Services (USCIS) announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation.

The Biden-Harris administration set the refugee admissions ceiling for fiscal year 2024 at 125,000 refugees. Establishing USCIS field offices in Qatar and Turkey will support the US Refugee Admissions Program’s infrastructure in the region. It also will directly support long-established and increasing USCIS refugee processing circuit rides.

Qatar is a critical location and a regional refugee processing hub. Refugee coordinators from the US Department of State’s Bureau of Population, Refugees, and Migration (PRM), as well as a suboffice for the Resettlement Support Centre for the Middle East and North Africa, are already in Qatar. USCIS’ Doha Field Office will be located in the US embassy facility at Camp As Sayliyah, and staff will also periodically meet with the public for scheduled appointments at the US Embassy in Qatar.

Turkey is also a critical location and regional refugee processing hub. The headquarters office for the Resettlement Support Centre for Turkey and the Middle East is in Turkey, as are PRM refugee coordinators and a regional office for the United Nations High Commissioner for Refugees. USCIS’ Ankara Field Office will be located in the US Embassy Ankara.

USCIS staff will assume responsibility for processing Form I-730, Refugee/Asylee Relative Petition, from State Department consular staff, assist with certain fraud detection-related activities, and provide other limited services. Services at both locations will be available only by appointment. USCIS will update the International Immigration Offices webpage to include information about the field offices, services and appointments.

With the opening of the Doha Field Office on 7 May 2024, and the Ankara Field Office on 9 May 2024, USCIS will have 11 international field offices. Other international field offices include Beijing; Guangzhou, China; Guatemala City; Havana; Mexico City; Nairobi, Kenya; New Delhi; San Salvador, El Salvador; and Tegucigalpa, Honduras.

Application period announced for the Citizenship and Integration Grant Program

US Citizenship and Immigration Services (USCIS) has announced the application period for the Citizenship and Integration Grant Program, which provides funding for citizenship preparation programs in communities across the country. The 16-year-old program, specifically Citizenship Instruction and Naturalization Application Services, will provide up to USD 10 million in grants to prepare legal immigrants for naturalization and promote civic integration through increased knowledge of English, US history and civics.

USCIS expects to award up to 40 organizations up to USD 300,000 each for two years to expand availability of high-quality citizenship and integration services. This grant opportunity will fund public or non-profit organizations that offer both citizenship instruction and naturalization application services to lawful permanent residents. Applications are due by 21 June 2024.

Since 2009, the USCIS Citizenship and Integration Grant Program has awarded USD 155 million through 644 grants to immigrant-serving organizations. These grant recipients have provided citizenship preparation services to more than 300,000 immigrants in 41 states and the District of Columbia. In fiscal year 2024, USCIS received support from Congress through appropriations to make this funding opportunity available to communities and expects to announce award recipients in September 2024.

To apply, applicants should visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov before the application deadline to obtain registration information needed to complete the application process.

4/19/24

Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2024

US Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2024 with start dates from 1 April to 14 May 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR). 17 April 2024 was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2024 early second half returning worker allocation.

USCIS is still accepting petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement, as well as those who are exempt from the congressionally mandated cap.

Starting 22 April 2024, USCIS will begin accepting petitions for workers for the late second half of FY 2024, requesting employment start dates from 15 May to 30 September 2024. The 5000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2021, 2022, or 2023, regardless of country of nationality.

4/16/24

Updated policy guidance includes new definition of “science or art”

US Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the US Department of Labour (DOL) definition of “science or art” for Schedule A, Group II cases.

For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, employers must obtain a labour certification from DOL before filing Form I-140, Immigrant Petition for Alien Workers, with USCIS. For certain occupations, referred to as Schedule A occupations, DOL has predetermined that there are not sufficient US workers who are able, willing, qualified, and available. For these occupations, employers submit the labour certification directly to USCIS, bypassing DOL review. Currently, DOL has designated two groups of occupations under Schedule A: registered nurses and physical therapists (Group I); and beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts (Group II). 

Since USCIS considers DOL regulations when adjudicating petitions based on Schedule A occupations, it is now adding reference to DOL’s regulatory definition of “science or art” into its policy to align with DOL, as it relates to Group II. When designating Schedule A, Group II, DOL defines science or art as “any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.” USCIS made an additional update to explain that, as with all adjudications, it reviews both the quantity and the quality of the evidence provided.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication. This update does not change policy or operations.

4/5/24

New guidance on Form I-693 validity period

On 4 April 2024, US Citizenship and Immigration Services (USCIS) announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after 1 November 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.

In consultation with the Centres for Disease Control and Prevention (CDC), and based on advances in public health electronic notification, USCIS has determined that a Form I-693’s evidentiary value should no longer be limited to a certain period if it is properly completed and was signed by a civil surgeon on or after 1 November 2023. USCIS officers have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds.

If an applicant’s immigration medical examinations were completed before 1 November 2023, the prior policy still applies. Before 1 November 2023, civil surgeons did not need to share or report certain information to the CDC electronically. USCIS has consulted with the CDC and determined that a properly completed Form I-693 signed by a civil surgeon before 1 November 2023, continues to retain evidentiary value for two years from the date of the civil surgeon’s signature.  This does not apply to Forms I-693 filed by Operation Allies Welcome parolees. Their Forms I-693 retain their evidentiary value for three years from the date of the civil surgeon signature, through policy and in consultation with CDC.

Increased automatic extension of certain employment authorisation documents

On 4 April 2024, US Citizenship and Immigration Services (USCIS) announcedtemporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days.

The temporary measure announced today will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers.

This TFR aligns with an ongoing effort at USCIS to support employment authorized individuals’ access to work. USCIS has reduced EAD processing times overall and streamlined adjudication processing, including:

  • Reducing by half EAD processing times of individuals with pending green card applications from FY2021 to date,
  • Processing a record number of EAD applications in the past year, outpacing prior years,
  • Engaging with communities to educate work-eligible individuals who were not accessing the process and provide on-the-ground intake support of applications,
  • Reducing processing time for EADs for asylum applicants and certain parolees to less than or equal to 30-day median,
  • Extending EAD validity period for certain categories from 2 years to 5 years,
  • Streamlining the process for refugee EADs, and
  • Expanding online filing for EADs to asylum applications and parolees.

This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after 27 October 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.

Absent this measure, nearly 800,000 EAD renewal applicants – including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants – would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse. EADs are generally valid for the length of the authorized parole period. This TFR does not extend the length of parole.

As part of this temporary final rule, USCIS is soliciting feedback from the public that would inform potential future regulatory action. For more information, visit our Automatic Employment Authorization Document Extension page.

Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders

H-1B Initial Electronic Registration Selection Process Completed

US Citizenship and Immigration Services (USCIS) has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS has randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap and has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted:The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected:Selected to file an H-1B cap petition.
  • Not Selected:Not eligible to file an H-1B cap petition based on this registration.
  • Denied – duplicate registration:Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated –failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
  • Deleted:The submitted registration has been deleted and is no longer eligible for selection.
  • Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.

For more information, visit the USCIS H-1B Electronic Registration Process page.

FY 2025 H-1B Cap Petitions May Be Filed Starting 1 April 2024

H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning 1 April 2024, if filed for a selected beneficiary and based on a valid registration.

Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.

Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the USCIS H-1B Cap Season page.

Receipt Notice Delays

When USCIS receives a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a paper petition is timely and properly filed by mail, but issuance of the Form I-797 is delayed. Petitioners who have confirmation from the delivery service that the petition was delivered, but have not yet received a Form I-797 confirming receipt of the petition, should not submit a second petition. Those who have confirmation from the delivery service that the petition was delivered and who then submit a second H-1B cap petition for the same beneficiary, will be considered to have submitted multiple H-1B cap petitions. This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and the petitioner has still not received a Form I-797, they may contact the USCIS Contact Centre for assistance.

If the petitioner receives notification from the delivery service, or the tracking information suggests that there may be a delay or damage to the package or that the package was misrouted, they should follow the Delivery Service Error Guidance on the USICS H-1B Cap Season webpage.

USCIS Provides Third Gender Option on Form N-400

United States Citizenship and Immigration (USCIS) has revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” USCIS is also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option.

The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after 1 April 2024, will have X immediately available as a gender option on their form.

Applicants who have a pending Form N-400 using the edition in effect before 1 April 2024, may request to update their gender on or after 1 April 2024, as well. For all other forms, individuals must wait until USCIS revises those forms to include the X gender option.

Form N-400 is the only USCIS form that offers the X gender option at this time. Therefore, until the completion of additional form revisions that add the X gender option, naturalization certificates are the only USCIS-issued secure identity documents that can reflect the gender X. The X gender option is not yet available on the Form N-565.

Those who have other benefit requests pending with USCIS and would like to choose X as their gender, or who would like to change their existing USCIS-issued secure identity documents to reflect X as their gender, must wait until USCIS updates the relevant forms. Once USCIS updates additional forms to offer the X gender option, benefit requestors may follow the instructions on the Updating or Correcting Your Documents webpage to select the X gender option. 

Supporting Documentation Not Needed

Applicants do not need to provide supporting documentation to select X as their gender initially or to change their gender selection for Form N-400. The gender selected does not need to match the gender listed on their other immigration documents or on supporting identity documents, such as their birth certificate, passport, or state identification.

Social Security Card

Note that if the X gender option is selected on the new Form N-400, users may need to visit a Social Security office for a Social Security card or to update their citizenship status. The Social Security Administration is still developing systems to accept the X gender option.

Background

Historically, USCIS forms and associated documents have only offered two gender options: “Male (M)” and “Female (F).” This has created significant barriers for requestors who do not identify with either of those options. Limiting benefit requestors to two gender options also creates administrative challenges for USCIS when receiving birth certificates or other official government-issued documents with a gender other than M or F. Adding a third gender option helps ensure that secure identity documents and biographical data are accurate and helps both external stakeholders and individuals requesting immigration benefits. It is also consistent with federal and state agencies that have adopted a third gender option, such as the US Department of State’s expanded passport services to offer gender X in their application.

In March 2023, USCIS updated the Policy Manual to allow for the self-selection of gender on USCIS forms. (PDF, 333.48 KB) This policy update allows benefit requestors to select their gender on all USCIS forms without providing supporting documentation (except for Form N-565, which requires a formal form revision to implement this policy). Benefit requestors may also change a prior selection without the need to provide specific supporting documentation, or to match prior documentation provided. This revision is consistent with efforts to break down barriers in the immigration system and reduce undue burdens in accessing immigration benefits, while still maintaining identity verification and fraud prevention procedures.

Filing location change for certain employment-based I-485 and related forms

 

On 1 April 2024, US Citizenship and Immigration Services (USCIS) is changing the filing location for concurrently filed Forms I-907, Request for Premium Processing ServiceI-140, Immigrant Petition for Alien Worker; and I-485, Application to Register Permanent Residence or Adjust Status, and for related Forms I-131, Application for Travel DocumentI-765, Application for Employment Authorization; and I-824, Application for Action on an Approved Application or Petition, filed with the application package, from USCIS service centres to a USCIS lockbox. 

The addresses to use when mailing concurrently filed Forms I-907, I-140, and I-485, and for any related Forms I-131, I-765, and I-824 filed with the application package. Starting May 2, 2024, we may reject concurrently filed Forms I-907, I-140, and I-485, and any related Forms I-131, I-765, and I-824 filed with the application package, that are received at the USCIS service centres are listed here.

Applicants, petitioners and requestors are advised to file online when possible.  

3/29/24

Simplified process for social security update requests

US Citizenship and Immigration Services (USCIS) has announced that, effective 1 April 2024, applicants filing Form N-400, Application for Naturalization, will have the option to request an original or replacement Social Security number (SSN) or card and update their immigration status with the Social Security Administration (SSA) without having to visit an SSA office.

Noncitizens applying for naturalization using the new edition of Form N-400 (edition date 04/01/24) will be able to request an SSN or replacement card when submitting Form N-400. New citizens may no longer need to visit an SSA field office to apply for an SSN or replacement card or to provide documentation as evidence of their new US citizenship status. Note that SSA may request additional information, if needed.

Applicants who use the 09/17/19 edition of Form N-400 will not have this option as the SSA questions are only included in the 04/01/24 edition. The 04/01/24 edition of the Form N-400 will be available for online filing on 1 April 2024. To file Form N-400 online, applicants must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.

H-1B Form I-129 Filing Location Change and FY 2025 H-1B Cap Season Updates and Reminders

United States Citizenship and Immigration (USCIS) has issued the following updates and reminders about the H-1B process.

H-1B Initial Registration Period Closed

The initial registration period for the fiscal year (FY) 2025 H-1B cap season closed at noon, Eastern Time, on 25 March 2024. USCIS will soon randomly select enough unique beneficiaries of properly submitted registrations projected as needed to reach the FY 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), and will notify all prospective petitioners with selected beneficiaries that they are eligible to submit an H-1B cap-subject petition for such beneficiaries. USCIS will issue another web alert when this process has been completed.

H-1B Form I-129 Filing Location Change to Lockbox

Effective 1 April 2024, H-1B and H-1B1 (HSC) Form I-129 petitions must no longer be submitted at the USCIS service centres. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions must be submitted at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.

USCIS will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service centre on or after 1 April 2024. There will be no grace period provided.

USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see our Form I-129 Direct Filing Addresses page.

If a petition is submitted at the wrong location, USCIS may reject the petition. Rejected petitions will not retain a submission date. If USCIS reject a petition because it was submitted at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be resubmitted at the correct location, or online, as long as the petition is resubmitted during the designated 90-day submission window listed on the selection notice.

New Fees and Form Edition

On 31 January 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective 1 April 2024. Petitions postmarked on or after 1 April 2024, must include the new fees or will not be accepted. Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.

  • USCIS will accept the 05/31/23 edition of this form if it is postmarked before1 April 2024;
  • USCIS will not accept the 05/31/23 edition of this form if it is postmarked onor after 1 April 2024; and
  • USCIS will only accept the 04/01/24 edition of this form if it is postmarked onor after 1 April 2024.

USCIS has published a preview version of the 04/01/24 edition of Form I-129 (PDF, 2.07 MB) and its instructions (PDF, 428.11 KB).

USCIS will use the postmark date of a submission to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.

As a reminder, USCIS recently announced a final premium processing fee rule that increased the submission fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective 26 February 2024. If USCIS receives a Form I-907 postmarked on or after 26 February 2024, with the incorrect submission fee, USCIS will reject the Form I-907 and return the filing fee. For submissions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt.

Online Filing and Organizational Accounts

On 28 February 2024, USCIS launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Information on organizational accounts is available on the Organizational Accounts Frequently Asked Questions page.

USCIS also launched online submission of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On 1 April 2024 USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of s a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

No More Pre-paid Mailers

Prepaid mailers are no longer used to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions as of 25 March 2024 With H-1B intake now occurring at the lockbox or online, USCIS will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) submissions.

The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. MyUSCIS account holders will also receive an email or text message notification when there is a case status change on a case in their account, followed by a paper notice by mail.

US Embassy in Mexico allows limited rescheduling of appointments

The US Embassy in Mexico City launched a program on 20 March 2024 to offer the opportunity to first-time visitor visa (B1/B2) applicants to move their appointments to an earlier date with no additional fee, which will reduce the wait time for hundreds of thousands of applicants. 

Throughout 2024, new earlier appointment slots will be opened and offered at no cost to certain Mexican visitor visa applicants who have an existing visitor visa appointment in 2025 or later.

If eligible and selected, applicants will receive an email notification with instructions on how to reschedule to an earlier appointment date.

Legitimate offers to reschedule to an earlier appointment will come directly from the online appointment website via donotreply@usvisa-info.com.

If offered the opportunity to reschedule to an earlier appointment date and the appointment system does not show availability, applicants should periodically check back as appointments specifically for those selected will be continuously added throughout the year.

3/22/24

USCIS Extends Initial Registration Period for FY 2025 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern Time on 6 March 2024, and was originally scheduled to run until noon Eastern Time on 22 March 2024, will now run until noon Eastern Time on 25 March 2024. USCIS is aware of a temporary system outage experienced by some registrants, and is extending the registration period to provide additional time due to this issue.

During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. USCIS still intends to notify selected registrants by 31 March 2024.

On 28 February 2024, USCIS launched myUSCIS organizational accounts that allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process.

USCIS Updates Policy Guidance Clarifying Expedite Requests

United States Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to clarify how it considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.

Government Interests

This update clarifies that USCIS may expedite cases identified as urgent by federal, state, tribal, territorial, or local governments of the United States because they involve public interest, public safety, national interest, or national security interests. This update clarifies that when an expedite request is made by a federal government agency or department based on government interests, USCIS generally defers to that agency or department’s assessment.

Travel-Related Requests

USCIS issues several types of travel documents. This update clarifies that it will consider expediting Form I-131, Application for Travel Document, for benefit requestors in the United States when they have a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.

When the need is related to a planned event, USCIS considers whether:

  • The applicant timely filed Form I-131; and
  • Processing times would prevent USCIS from issuing the travel document by the planned date of departure.   

Submission and Processing of Expedite Requests

This update also clarifies how to make an expedite request, including how requestors can use USCIS online tools with secure messaging, such as submitting their expedite request and uploading evidence to support their expedite request if they have a USCIS online account.

This update explains how USICIS processes expedite requests by clarifying that it will generally respond to benefit requestors who submit their request through the USCIS Contact Center to inform them when it has made a decision on their expedite request. 

This guidance is effective immediately and is controlling and supersedes any related prior guidance.

3/15/24

USCIS Reaches H-2B Cap for Second Half of FY 2024 and Announces Filing Dates for the Second Half of FY 2024 Supplemental Visas

US Citizenship and Immigration Services (USCIS) has received enough petitions to meet the H-2B cap for the second half of fiscal year (FY) 2024 and is announcing the filing dates for supplemental H-2B visas for the reminder of FY 2024 made available under the FY 2024 H-2B supplemental visa temporary final rule.

H-2B Cap for Second Half of FY 2024

USCIS has received enough petitions to meet the congressionally mandated H-2B cap for the second half of FY 2024. 7 March 2024 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after 1 April 2024, and before 1 October 2024. USCIS will reject new cap-subject H-2B petitions received after 7 March 2024, that request an employment start date on or after 1 April 2024, and before 1 October 2024.

USCIS continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • Workers performing labour or services in the Commonwealth of the Northern Mariana Islands and/or Guam (until 31 December 2029).

Filing Dates for Second Half of FY 2024 Supplemental Visas

The Department of Homeland Security (DHS) and the Department of Labour (DOL) jointly published a temporary final rule on 17 November 2023, increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2024. These supplemental visas are available only to US businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on the DOL Form ETA 9142-B-CAA-8 (PDF). These supplemental H-2B visas are for US employers seeking to petition for additional workers at certain periods of the fiscal year.

Below are the filing start dates for each of the remaining supplemental visa allocations under the temporary final rule:

  • For employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers:USCIS will begin accepting petitions for employers requesting an employment start date from 1 April 2024 to 30 September 2024, on 22 March 2024. USCIS began accepting petitions from employers with employment start dates from 1 October 2023 to 31 March 2024, in November 2023. A cap count for this country-specific allocation is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 
  • For employers seeking returning workers for the early second half of FY 2024 (1 April to 14 May): USCIS will begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality on 22 March 2024.
  • For employers seeking returning workers for the late second half of FY 2024 (15 May to 30 September): USCIS will begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on 22 April 2024.

USCIS will stop accepting petitions under this temporary final rule received after 16 September 2024, or after the applicable cap has been reached, whichever occurs first.

USCIS has already announced that we have received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2024 with employment start dates on or before 31 March 2024.

Additional information on the FY 2024 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page.

 

Streamlined Process for Refugee Employment Authorization Documents

US Citizenship and Immigration Services (USCIS) has announced that it has begun implementing a streamlined process for Form I-765, Application for Employment Authorization, to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States. USCIS launched this process on 10 December 2023, following a successful trial period.

This streamlined process shortens the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after 10 December 2023, will receive EADs pursuant to this new process.

Under US law, a refugee is legally authorized to work as soon as they arrive in the United States. Obtaining proof of this work authorization in the form of an EAD, however, was previously a paper-based process that led to undue delays. The new process is fully automated and no longer requires refugees to apply for an EAD, allowing for more efficient processing and adjudication of Form I-765 and quicker delivery of EADs after approval.

With this new process, USCIS will digitally create a Form I-765 for arriving refugees and begin adjudicating it as soon as they are admitted into the United States. After USCIS approves a refugee’s Form I-765, refugees will generally receive their EAD within one to two weeks. USCIS will mail their EAD via US Postal Service Priority Mail to their address of record. The time frame for a refugee to receive their EAD card may vary, depending on delivery times, but refugees should allow a total of 30 days before inquiring.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail a Social Security card to the refugee.

This process does not apply to following-to join refugees admitted into the United States based on an approved Form I-730, Refugee/Asylee Relative Petition. Additionally, refugees seeking a replacement or renewal EAD will still need to complete and submit Form I-765.

3/8/24

Certain Updated Forms Take Effect on April 1 with No Grace Period

United States Citizenship and Immigration (USCIS) has issued a reminder that, effective 1 April 2024, applicants must use new editions of the following forms:

Although USCIS usually provides a grace period when publishing new forms, the forms listed above include changes necessary to administer the new fees. USCIS has published preview versions of each of these forms on each form’s webpage linked above.  Beginning 1 April 2024, applicants and petitioners must submit the “04/01/24” edition of these forms with the appropriate fee listed on the USCIS Fee Schedule G-1055. USCIS will reject prior versions of the above forms, but will only accept the “04/01/24” edition of these forms if they are postmarked on or after 1 April 2024.

3/1/24

Premium processing fee change takes effect

As previously announced, US Citizenship and Immigration Services’ new inflation-adjusted premium processing fees took effect on 26 February 2024 , increasing the filing fee for Form I-907, Request for Premium Processing. USCIS published a final rule announcing the change on 28 December 2023.

The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 until June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases certain premium processing fees from USD 1500 to USD 1685, USD 1750 to USD 1965, and USD 2500 to USD 2805.

If USCIS receives a Form I-907 postmarked on or after 26 February 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.

Applicants may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.

FY 2025 H-1B Registration Period and myUSCIS Organizational Account Reminders

US Citizenship and Immigration Services (USCIS) has reminded its customers about the financial year 2025 (FY 2025) H-1B registration period and the new myUSCIS organizational accounts.

The new organizational accounts, launched on 28 February 2024, allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process, starting in March 2024.

The initial registration period for the FY 2025 H-1B cap will open at noon (Eastern time) on 6 March 2024, and run until noon (Eastern time) on 22 March 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.   

Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

In March 2024, USICS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Re-parole for eligible Ukrainian nationals

Starting 27 February 2024, eligible Ukrainian citizens and their immediate family members who are physically present in the United States can now be considered for re-parole so they can continue to temporarily remain in the United States. Ukrainian citizens and their immediate family members who were paroled into the United States on or after 11 February 2022, can apply for re-parole under this process. As with any parole application, USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit.  

Following Russia’s invasion of Ukraine in 2022, the secretary of homeland security exercised his discretionary authority to allow certain Ukrainians to seek temporary parole in the United States, as well as apply for work authorization. The extraordinary circumstances in Ukraine that supported the prior exercise of discretionary parole authority continue to exist. USCIS will take these current extraordinary circumstances into account on a case-by-case basis when evaluating requests for re-parole.

Ukrainian citizens and their immediate family members may apply for re-parole by submitting Form I-131, Application for Travel Document, along with supporting documentation and the proper filing fee or fee waiver request. They can submit Form I-131 online or on paper by mail.  

To be eligible for re-parole under this process, applicants must demonstrate the following:

  • That they are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after 11 February 2022;
  • That there are continued urgent humanitarian reasons or significant public benefit for issuance of a new period of parole, including the urgent humanitarian reasons or significant public benefit factors identified above, as well as any additional factors;
  • That they warrant a favourable exercise of discretion;
  • That they are physically present in the United States as a parolee;
  • That they have complied with the conditions of the initial parole; and
  • That they clear biographic and biometric background checks.

Applicants can find their initial date of parole on their Form I-94, Arrival/Departure Record, issued by US Customs and Border Protection. 

Employment Authorization

If USCIS approves the re-parole application, the applicant may then file Form I-765, Application for Employment Authorization, in category (c)(11), to apply for a new Employment Authorization Document (EAD) as proof of employment authorization consistent with their re-parole period.

During adjudication of EAD applications, certain parolees will be able to show their new Form I-94 as acceptable evidence of identity and employment authorization for a period of up to 90 days from the date they are hired (or for reverification, when employment authorization expires).  To be eligible, a parolee must have been: 

  • Granted re-parole as a certain Ukrainian citizen or an immediate family member; 
  • Have a most recent date of entry on or before 30 September 2023; and 
  • Have new I-94 with “UHP” listed as the class of admission. 

Within 90 days, the employee must present an unexpired EAD or unrestricted Social Security card and a List B identity document such as a state-issued driver’s license or identification card to meet the Form I-9 requirements. 

2/2/24

USCIS adjusts certain immigration and naturalization fees

On 30 January 2024, US Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016.

The new fees under the final rule will go into effect on 1 April 2024.

The final rule is the result of a comprehensive fee review, as required by law. The review concluded that the current fee schedule falls far short in recovering the full cost of agency operations, including the necessary expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and other essential investments.

The final rule:

  • Lowers the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
  • Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; US military service members and Afghan allies; and families pursuing international adoption;
  • Provides special fee discounts for non-profit organizations and small business employers;
  • Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations;
  • Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and
  • Implements a standard $50 discount for online filers.

Every fee in the final rule is the same or lower than in the proposed rule. For most individual filers, the final rule limits how much newly established fees may increase. Under the final rule, the new fees will not increase by more than 26%, which is equivalent to the increase in the Consumer Price Index since the last fee rule was issued in 2016.

USCIS will accept both previous and new editions of certain forms during a grace period from 1 April 2024, until 3 June 2024. 

There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition before the 1 April 2024, effective date:

USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the receipt date for purposes of any regulatory or statutory filing deadlines.

USCIS announces strengthened integrity measures, FY 2025 H-1B Cap Initial Registration Period and Online Filing of H-1B Petitions

On 30 January 2024, US Citizenship and Immigration Services (USCIS) announced a final rule to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process, including by reducing the potential for gaming the registration system so that each beneficiary has the same chance of being selected, regardless of the number of registrations submitted on their behalf. 

USCIS has also announced the initial registration period dates for the fiscal year (FY) 2025 H-1B cap, and the launch of an online filing option for Forms I-129, Petition for a Nonimmigrant Worker and Form I-907, Request for Premium Processing Service for H-1B petitioners.

H-1B Registration Final Rule

Under the new beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

USCIS is also clarifying requirements regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap to permit filing with requested start dates that are after 1 October of the relevant fiscal year, consistent with current policy.

Additionally, the H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission.

USCIS has also announced the Fee Schedule final rule. That rule will go into effect after the initial registration period for the FY 2025 H-1B cap. Therefore, the registration fee during the registration period starting in March 2024, will remain $10.

A new edition of Form I-129 with the H-1B Registration final rule and Fee Schedule final rule changes will soon be available to preview on uscis.gov. From 1 April 2024, only the 04/01/24 edition of Form I-129 will be accepted.

The H-1B Registration final rule makes final some provisions proposed in the Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM). Note that DHS intends to publish a separate final rule to address the remaining provisions contained in the NPRM.

FY 2025 H-1B Cap Initial Registration Period

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern Time (ET) on 6 March 2024, and run until noon ET on 22 March 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.   

Organizational Accounts and Online Filing for Forms I-129 and I-907

On 28 February 2024, USCIS will launch the previously announced new organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. 

Also on 28 February 2024, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On 1 April 2024, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

As a reminder, USCIS recently announced a final rule that will increase the filing fee for Form I-907, to adjust for inflation, effective 26 February 2024. If USCIS receives a Form I-907 postmarked on or after 26 February 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier, the postmark date is the date reflected on the courier receipt.

New Fee Payment Process for Filing In-Person

US Citizenship and Immigration Services (USCIS) is starting a new process for most applicants, petitioners, and requestors, and their attorneys and accredited representatives to pay for certain benefit request forms by mail or remotely instead of in person at a field office.

Under the new process, applicants may mail either a check or Form G-1450, Authorization for Credit Card Transactions, to the field office with their benefit request. Applicants, petitioners, and requestors, and their attorneys and accredited representatives should carefully read the filing instructions to ensure that their benefit request form can be submitted by mail or remotely and that they are filing at the correct location. USCIS will return any incorrect filings to the applicant, who must then resubmit their filing to the correct office.

In addition, attorneys and accredited representatives now can process payments for EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, through a link in the email they receive or via text from the USCIS Contact Centre. Once such payment has processed, attorneys and accredited representatives must mail their client’s EOIR-29; their EOIR-2; their EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, and their Pay.gov receipt to the field office.

An exception to the new process is emergency advance parole (EAP) requests. Applicants submitting Form I-131, Application for Travel Document, with an EAP request must still make an appointment with the USCIS Contact Centre, apply in person with their package (completed form and supporting documentation), and pay the application fee (if applicable) by credit card with Form G-1450 or check at the field office.

1/5/24

Increased fees for Premium Processing

US Citizenship and Immigration Services (USCIS) has announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation.

The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security (DHS) to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases certain premium processing fees from USD 1500 to USD 1685, USD 1750 to USD 1965, and USD 2500 to USD 2805.

The fee change will go into effect on 26 February 2024. If USCIS receives a Form I-907 postmarked on or after 26 February 2024 with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

Applicants may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.

12/26/23

Pilot program for domestic renewal of H-1B visa

The US Department of State has announced a pilot program to resume domestic visa renewal for qualified H–1B nonimmigrant visa applicants who meet certain requirements.

The pilot program will accept applications from 29 January 2024 to 1 April 2024. Applicants who meet the requirements will be able to participate during the application window by applying online here.

Eligibility

Participation in this pilot will be limited to applicants who(se):

  • Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;
  • Prior H–1B visa that is being renewed was issued by Mission Canada with an issuance date from 1 January 2020 to 1 April 2023; or by Mission India with an issuance date of 1 February 2021 to 30 September 2021;
  • Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
  • Are eligible for a waiver of the in-person interview requirement;
  • Have submitted ten fingerprints to the Department in connection with a previous visa application;
  • Prior visa does not include a “clearance received” annotation;
  • Do not have a visa ineligibility that would require a waiver prior to visa issuance;
  • Have an approved and unexpired H–1B petition;
  • Were most recently admitted to the United States in H–1B status;
  • Are currently maintaining H–1B status in the United States;
  • Period of authorized admission in H–1B status has not expired; and
  • Intend to re-enter the United States in H–1B status after a temporary period abroad.

The Department is limiting the scope of the pilot to applicants who were previously issued visas within specified dates by Missions Canada or India to properly assess the performance and capabilities of contractors who manage the majority of the Department's worldwide visa processing.

Procedure

In order to control the number of applications received, the Department will, each week, release approximately 2000 application slots for applicants whose most recent H–1B visas were issued by Mission Canada, and approximately 2000 application slots for those whose most recent H–1B visas were issued by Mission India (approximately 4000 total each week) on the following dates:

  • 29 January 2024
  • 5 February 2024
  • 12 February 2024
  • 19 February 2024
  • 26 February 2024

Once the limit is reached, the online portal will be locked until the next tranche of slots are released for each participating Mission group on the next application date. Applicants who are unable to apply on one application date may attempt to apply on any of the remaining application dates during the entry period. The application period for the pilot will close when all application slots are filled or on 1 April 2024, whichever comes first. 

After online submission of the DS–160 and payment of the non-refundable, non-transferrable MRV fee (USD 205), applicants will receive instructions through the portal to send their passports and other required documents (as specified in section d. Required Documents of this notice) via the U.S. Postal Service or commercial courier service to the Department. 

The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time that the passport and other required documents are received by the Department. The Department aims to complete processing of all applications no later than 1 May 2024.

Background

In 2004, the State Department discontinued the domestic renewal of non-diplomatic nonimmigrant visas primarily because of the passage of the Enhanced Border Security and Visa Entry Reform Act of 2002, which required that US visas issued after 26 October 2004, include biometric identifiers.

Then, as now, the State Department did not possess the capacity to collect fingerprints in the United States, so all non-diplomatic visa applicants were required to apply for new visas outside of the United States where fingerprints can be collected at a US embassy, consulate or, for certain posts, at an offsite contract facility.

For purposes of implementing this pilot, however, those prior concerns are overcome, as participation in the pilot is limited to individuals who have previously submitted fingerprints in connection with the application for the prior visa, are eligible for a waiver of the in-person interview requirement and meet other applicable requirements.

Updated policy guidance for international students

US Citizenship and Immigration Services (USCIS) has issued policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.

This guidance consolidates existing policy. USCIS expects that this will provide welcome clarity to international students and US educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.

For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labour certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.

In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a science, technology, engineering, and mathematics (STEM) field may be employed by start-up companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated US workers, among other requirements.

The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized non-academic programs, other than language training programs.

12/15/23

Updated guidance on family-based conditional permanent residence

US Citizenship and Immigration Services (USCIS) has issued updated guidance on family-based conditional permanent residence in its Policy Manual. The update consolidates and updates guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence.

The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if a noncitizen’s conditional permanent resident status is terminated for failing to timely file Form I-751, they may be eligible to adjust permanent resident status on a new basis. This is true even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status.

Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if:

  • They obtain permanent resident status based on marriage; and
  • That marriage began less than two years before they obtain that status.

To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before the two- year anniversary of when they obtained conditional permanent resident status.

New filing location for certain forms

US Citizenship and Immigration Services (USCIS) has announced that it will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centres to appropriate USCIS lockboxes on 15 December 2023.

The change in filing location allows USCIS to centralize digitization of these forms for downstream electronic adjudication. This is the second of three phases of this transition.

This change in filing location does not apply for those filing Form I-140 concurrently with an associated application (such as Form I-485, I-765, or Form I-131). USCIS will soon announce a filing location change for these forms, but at this time, such forms should be filed with the service centres, as listed on the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker page.

USCIS previously announced that effective 13 November 2023, the filing location for Form I-907 filed together with Form I-140 has changed from the service centres to the USCIS lockbox (phase 1). As a reminder, starting on or after 13 December 2023, USCIS will reject any Form I-907 filed with Form I-140 that is received at the previous service centre address.

Starting 15 December 2023, applicants should use the addresses listed here when mailing Form I-907 to USCIS for a currently pending Form I-140. Starting on or after 14 January 2024, USCIS will reject any Form I-907 filed for a pending Form I-140 that is received at the previous service centre address.

 

USCIS Reaches Fiscal Year 2024 H-1B Cap

On 13 December 2023, US Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.

USCIS will send non-selection notices to registrants through their online accounts, after which the status for properly submitted registrations that it did not select for the FY 2024 H-1B numerical allocations will show:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2024 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

US businesses use the H-1B program to employ foreign workers in specialty occupations.

11/27/23

USCIS extends myProgress to Forms I-485 and I-821

US Citizenship and Immigration Services (USCIS) announced on 21 November 2023 that it is expanding myProgress (formerly known as personalized processing times) to Form I-821, Application for Temporary Protected Status, and Form I-485, Application to Register Permanent Residence or Adjust Status. myProgress will initially only be available for family-based or Afghan special immigrant I-485 applicants.

myProgress provides applicants with access, in their online account, to personalized estimates of their wait time for major milestones and actions on their case, including their final case decision. While estimates are based on case type and historical patterns, they are not a guarantee of timing, and cannot take into consideration all possible unique application processing factors.

In addition to Form I-485 and Form I-821, myProgress is available for applicants with a USCIS online account who file Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document; Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.

To view myProgress, applicants must first create a USCIS online account or log into their online account and select their pending application. If they filed online or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside milestones as they are completed:

  • Confirmation that the application was received;
  • Movement of the application through preprocessing and adjudicative steps; and
  • Case decision.
  •  

Applicants will still need to visit the public Check Case Processing Times webpage to determine if they are eligible to file an Outside of Normal Processing Times service request. 

11/17/23

FY2024 H-2B availability

The Department of Homeland Security (DHS), through the US Citizenship and Immigration Services (USCIS), and the Department of Labour (DOL) have published a temporary final rule making available an additional 64,716 H-2B temporary non-agricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year.

The H-2B supplemental includes an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.. 
 
In addition to the 20,000 country-specific allocation, 44,716 supplemental visas will be available to returning workers who received H-2B visas or were otherwise granted H-2B status during one of the last three fiscal years. The rule allocates these supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the summer season. The semi-annual cap of 33,000 H-2B visas authorized under the Immigration and Nationality Act (statutory cap) for the first half of FY 2024 was reached on 11 October 2023.

The supplemental H-2B visas have been divided into the following allocations:

  • First half of FY 2024 (1 October to 31 March): 20,716 visas are immediately available to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality.  These petitions must request employment start dates on or before 31 March 2024.
  • Early second half of FY 2024 (1 April1 to 14 May): 19,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality. These early second half of FY 2024 petitions must request employment start dates from 1 April 2024 to 14 May 2024.  
  • Late second half of FY 2024 (15 May to 30 September): 5,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality. These late second half of FY 2024 petitions must request employment start dates from 15 May 2024 to 30 September 2024.
  • For the entirety of FY 2024: 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers. Employers requesting an employment start date in the first half of FY 2024 may file such petitions immediately after the publication of this temporary final rule.  

The H-2B program permits employers to temporarily hire noncitizens to perform non-agricultural labour or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the US labour market. They must obtain certification from DOL that there are not enough US workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers. The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.

Petitions requesting supplemental allocations under this rule must be submitted at the USCIS Texas Service Centre. Petitions filed under the supplemental allocations in this rule at any location other than the Texas Service Centre will be rejected, and the filing fees will be returned.

11/10/23

Additional H-2B visas made available

On 11 November 2023, the Department of Homeland Security (DHS) announced that it would make available an additional 64,716 H-2B temporary nonagricultural worker visas for the Fiscal Year (FY) 2024.  

This is a supplement to the congressionally mandated 66,000 H-2B visas available every fiscal year. These additional H-2B visas represent the maximum permitted under the September 2023 Fiscal Year 2024 Continuing Resolution.

The H-2B supplemental is expected to include an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

In addition to the 20,000 country-specific allocation, 44,716 supplemental visas would be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The regulation would allocate these supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season..

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labour or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the US labour market. They must obtain certification from DOL that there are not enough US workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers.

The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.

The forthcoming temporary final rule implementing this allocation is expected to feature several provisions to protect both U.S. and H-2B workers. Additional details on H-2B program safeguards, as well as eligibility and filing requirements, will be available in the temporary final rule when published and on the USCIS webpage.

Bolivia added to list of eligible H-2A and H-2B countries

The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries was published in the Federal Register on 9 November 2023.

Effective 9 November 2023, DHS and DOS have added Bolivia to the list of countries eligible to participate in the H-2A and H-2B programs.

The H-2A and H-2B visa programs allow US employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register Notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved prior to the date of publication of the Federal Register Notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from 9 November 2023, until 8 November 2024.

New filing locations for premium processing form

US Citizenship and Immigration Services (USCIS) will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed with Form I-140, Immigrant Petition for Alien Workers, from the service centres to the relevant USCIS lockbox (as listed here) on 13 November 2023.

This change in filing location does not apply for applicants filing Form I-907 for a currently pending Form I-140, or for those filing Form I-140 with an associated application (such as Form I-765, Form I-131, or Form I-485). USCIS will soon announce filing location changes for these forms, but at this time, they should be filed with the service centres, as listed on the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker page.

Starting 13 December 2023, USCIS will reject any Form I-907 filed with Form I-140 that is received at the previous service centre address.

11/3/23

180-day extension of Employment Authorization for certain renewal applicants

US Citizenship and Immigration Services (USCIS) has announced that, effective 27 October 2023, eligible renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic 180-day extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. This includes those who have applied for or have received Temporary Protected Status or asylum.

In May 2022, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. The latest change is not retroactive; all previous up to 540-day automatic extensions will remain in place.

USCIS is in the process of determining whether there is a need for a new regulatory action similar to the May 2022 TFR.  

As announced in the May 2022 TFR, automatic extensions of employment authorization and EAD validity will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after 27 October 2023.  

For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

Meanwhile, USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after 27 September 2023, for the following categories:

  • Certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and
  • Certain noncitizens who must apply for employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.

New Form I-9

Effective 1 November 2023, all employers must use a new Form I-9. The revised version of the form was published on 1 August 2023 by US Citizenship and Immigration Services (USCIS).

The revised Form I-9:

  • Reduces Sections 1 and 2 to a single-sided sheet;
  • Is designed to be a fillable form on tablets and mobile devices;
  • Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
  • Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
  • Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
  • Reduces Form instructions from 15 pages to 8 pages; and
  • Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination (see below).

10/27/23

J-1 Policy Clarified

US Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual, effective immediately, clarifying the two-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.

 

The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.

 

It also corrects an omission, from existing Policy Manual content, of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. This update includes the ground and clarifies employment requirements.

 

The J-1 nonimmigrant classification is for exchange visitors who intend to participate in an approved program in the United States for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.

 

L-1 Policy Clarified

US Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual clarifying that a sole proprietorship may not submit a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.

This Policy Manual update affirms the existing guidance. The update distinguishes a sole proprietor from a self-incorporated petitioner (such as a corporation or a limited liability company with a single owner), where the corporation or the single member limited liability company is a separate and distinct legal entity from its owner, which may petition for that owner.

This update also clarifies guidance regarding blanket petitions. International organizations submit blanket L-1 petitions on behalf of all individual entities named in the petition. USCIS is updating policy guidance to clarify that the failure to submit an extension of the blanket petition on time does not trigger the three-year waiting period before another blanket petition may be submitted.

This guidance, contained in Volume 2 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic.

The L-1 nonimmigrant visa classification enables a US employer that is part of a qualifying organization to temporarily transfer employees from one of its related foreign offices to locations in the United States. Existing USCIS policy and practice provide that a sole proprietorship may not submit an L-1 petition on behalf of its owner.

 

Proposed modernization of H-1B program

On 23 October 2023, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.

The H-1B nonimmigrant visa program allows US employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the possibility of misuse and fraud. Under the current process, the more registrations that are submitted on behalf of an individual, the higher chance that individual will be selected in a lottery.

Under the new proposal, each unique individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf. This would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection.

Furthermore, it could also give beneficiaries more choice between legitimate job offers because each registrant who submitted a registration for a selected beneficiary would have the ability to submit an H-1B petition on behalf of the beneficiary.

Among additional provisions, the proposed rule would improve the H-1B program by:

  • Streamlining eligibility requirements – criteria for specialty occupation positions would be revised to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position;
  • Improving program efficiency –The proposed rule codifies that adjudicators generally should defer to a prior determination when no underlying facts have changed at time of a new submission;
  • Providing greater benefits and flexibilities for employers and workers – certain exemptions to the H-1B cap would be expanded for certain non-profit entities or governmental research organizations as well as beneficiaries who are not directly employed by a qualifying organization. DHS would also extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. Additionally, DHS would establish new H-1B eligibility requirements for rising entrepreneurs; and
  • Strengthening integrity measures – in addition to changing the selection process, misuse and fraud in the H-1B registration process would be reduced by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’ authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition.

A 60-day public comment period follows publication of the NPRM in the Federal Register.

10/20/23

Visa-free entry opens for Israelis

The US Department of Homeland Security (DHS) has announced the start of visa-free travel for short-term visits to the United States for eligible Israeli citizens and nationals under the Visa Waiver Programme (VWP).

The VWP allows eligible travelers to apply online for authorization to travel to the United States through ESTA. These authorizations allow successful applicants to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a US visa. Israeli citizens and nationals with valid B-1/B-2 visas may continue to use them for business and tourist travel to the United States.

Eligible Israeli citizens and nationals must have a biometrically enabled passport book. Travelers who possess non-biometric, temporary, or emergency travel documents, or travel documents from a non-VWP designated country, are not eligible for travel under the VWP and may instead apply for a US visa. ESTA applications may take up to 72 hours for processing. The ESTA application will be available in English only at this time and will be available in other languages no later than 1 November 2023.

Individuals traveling under the VWP for an intended stay beyond 90 days may be determined to be inadmissible to the United States. Individuals determined to be inadmissible will be refused admission to the United States under the VWP individuals admitted under the VWP who WP and ineligible for future Visa Waiver Program travel.

Traveling on a visa may still be the best option for some travelers such as those who would like to stay in the United States longer than 90 days or those who think they may wish to extend their stay or change their status once in the United States.

ESTA applications may be found atesta.cbp.dhs.govor via the “ESTA Mobile” app.

10/13/23

New online change of address tool

US Citizenship and Immigration Services (USCIS) has launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. E-COA will significantly improve the speed and efficiency of the process for USCIS customers to update their address with USCIS.

With E-COA, most individuals with a USCIS online account can update their mailing and physical address with USCIS for pending applications, petitions, or requests in a single place, eliminating the need to update the address in multiple places; fill out a paper AR-11, Alien’s Change of Address Card; call the Contact Centre; or visit a USCIS Field or Asylum Office. E-COA will automate address changes for almost all form types (the exceptions are listed at uscis.gov/addresschange).

Customers who do not have any pending applications, petitions, or requests can use the tool to meet the requirement to notify USCIS if they have moved. The E-COA tool is available in English only and can be accessed via a USCIS online account regardless of whether an individual’s pending case was submitted online or by mail.

Individuals protected under 8 USC 1367 (persons who have pending or approved applications or petitioners for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status and their beneficiaries or derivatives) cannot use E-COA during the initial phase. Represented applicants or petitioners with VAWA-, T-, or U-related cases can request a change of address by emailing the designated mailbox under the Inquiries for VAWA, T, and U Filings section. Unrepresented individuals with VAWA-, T-, or U-related cases can request a change of address by following the instructions on the How to Change Your Address webpage. Individuals who requested parole for an Afghan national can request a change of address for beneficiaries who have relocated outside of Afghanistan by following the instructions on the Information for Afghan Nationals webpage.

To use the E-COA tool, individuals need a USCIS online account, and must enter their last name, date of birth, and new physical and mailing addresses. Individuals are also encouraged to include information about their pending application, petition, or request.

Changing an address with the US Postal Service (USPS) will not change an address with USCIS. Users should update their information with both USCIS and USPS. Address changes made through E-COA will not affect Freedom of Information Act (FOIA) or Privacy Act (PA) requests. Those who need to change their address for a FOIA or PA request should email FOIAPAQuestions@uscis.dhs.gov.

9/29/23

Israel designated into Visa Waiver Program

On 27 September 2023, the Secretary of Homeland Security and the Secretary of State announced the designation of Israel into the Visa Waiver Program (VWP).

By 30 November 2023, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Israel to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a US visa. Following updates in Israel’s travel policies, all US citizens may request entry to Israel for up to 90 days for business, tourism, or transit without obtaining a visa.

In advance of this designation, Israel made updates to its entry policies to meet the VWP requirement to extend reciprocal privileges to all US citizens without regard to national origin, religion, or ethnicity.

Increased Employment Authorization Document validity period for certain categories

United States Citizenship and Immigration Services (USCIS) is updating guidance in the Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

USCIS is also increasing the maximum validity period to five years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.

The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

 

Form I-539 applicants exempt from biometric services fee

US Citizenship and Immigration Services (USCIS) has announced that, effective 1 October 2023, it is exempting the USD 85 biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.

Applicants do not need to pay the fee if the application is postmarked 1 October 2023 or later. However, for Forms I-539 filed prior to that date, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled. In most cases, after 1 October 2023, applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.

If applicants mistakenly submit the biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539. If applicants mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, this is considered an incorrect filing and USCIS will reject the Form I-539. If applicants mistakenly authorize a credit card payment that combines the biometric services fee with the Form I-539 application fee, USCIS will accept the application, and only charge the application fee.

The biometric services fee exemption will apply to all applicants filing on or after 1 October 2023, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through 30 September 2023.

Online registration for Diversity Visa 2025

The online registration period for the FY 2025 Diversity Visa (DV-2025) Program opens 4 October 2023 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and concludes on 7 November 2023, at 12:00 noon, Eastern Standard Time (EST) (GMT-5).  Submission of more than one entry for a person during the registration period will disqualify all entries for that person. Further instructions can be found here and here.

9/15/23

USCIS Clarifies Guidance for EB-1 Eligibility Criteria

US Citizenship and Immigration Services has issued policy guidance in its Policy Manual to clarify the types of evidence that may be evaluated to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications.

The update, effective immediately, adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability.

Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self- petition for first preference immigrant visa classification (E11) without a job offer or certification from the U.S. Department of Labour.

A US employer, including a university, institution of higher learning, or private employer, may petition for a professor or researcher who is internationally recognized as outstanding in a specific academic area to receive a first preference immigrant visa classification (E12) to work in a tenured or tenure-track position or a comparable position to conduct research.

Part 2

Digital Visa Authorization (DVA) Proof of Concept

The State Department’s Bureau of Consular Affairs is developing the capability to issue a digital visa authorization (DVA) instead of the traditional visa printed and placed in applicants’ passports. The US Embassy in Dublin is conducting a limited DVA proof of concept with a small number of K-1 (fiancé(e)) visas.

If this initial proof of concept is successful, the DVA could be extended to other visa classes and additional posts in the future.

US Customs and Border Protection’s Document Validation program will digitally notify airlines when a traveller has valid travel credentials, including a DVA.

The Department of State is conducting this proof of concept with K-1 visas as they are single-entry (single use) visas and will only be issued to travellers who plan to travel directly to the United States from Dublin.

United States

DHS Extends TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to 18 Months

The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. 

The 18-month re-registration period under the designation of: 

  • El Salvador now runs until 9 March 2025; 
  • Haiti now runs until 3 August 2024; 
  • Honduras now runs through 5 July 2025; 
  • Nepal now runs through 24 June 2025;  
  • Nicaragua now runs through 5 July 2025; and 
  • Sudan now runs through 19 April 2025. 

This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries. 

Note that this announcement does not change the previously announced extensions of the TPS designations for these six countries, and it does not change the eligibility requirements. It extends the period when existing beneficiaries may re-register for their benefits.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

9/8/23

The US Department of State has confirmed that all receipts for payment of Machine-Readable Visa (MRV) fees issued before 1 October 2022 will expire 30 September 2023.

There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before 30 September 2023 to avoid paying a new fee. Please note that the interview itself does not need to take place before 30 September 2023, but an interview appointment needs to be made in the system, even if it is scheduled months into the future.

Furthermore, applicants using MRV fees paid before 1 October 2022 to book an appointment are cautioned not to attempt to change their appointment dates on or after 1 October 2023. Doing so will result in forfeiture of both the original appointment slot and the MRV fee receipt. The applicant will be required to pay a new fee and submit a new application package.

Under a temporary COVID pandemic policy, all receipts for payment of MRV fees issued before 1 October 2022 were extended until 30 September 2023.

All MRV fee payment receipts issued on or after 1 October 2022 are valid for 365 days from the issuance date.

Close Open Vietnam

9/29/23

Updated requirements for foreign workers

Effective 18 September 2023, the government issued Decree No 70/2023/ND-CP which amends Decree No. 152/2020/ND-CP and changes some requirements for foreign national workers in Vietnam. Key changes are listed below:

Labour market testing

From 1 January 2024, employers will be required to advertise the job position on the jobs website of the Ministry of Labour, Invalids and Social Affairs (MOLISA), or the relevant Employment Service Centre. for at least 15 days before applying for permission to hire a foreign national for the position.

Qualifications and work experience

Foreign nationals are no longer required to have bachelor's degrees or training which is directly related to their intended job positions in Vietnam, as was previously required.

Now, foreign nationals are required to have a bachelor's degree or higher, or a graduation certificate, and at least three years of suitable working experience for the position to be taken in Vietnam to be considered as an "expert"; or be trained for at least one year and have at least five years of suitable working experience for the position to be taken in Vietnam to be considered a "technical worker".

Work permit exemption

 

The new decree introduces a new work permit exemption for managers, executives, principals, and deputy principals of educational institutions established by foreign diplomatic representative agencies or intergovernmental organisations.

Document requirements

Vietnamese companies can now certify copies of a foreign national’s passport, removing the need for notarised or certified true copies, which will expedite the application process. The new decree also recognises that Vietnamese translations of legalised documents issued by foreign organisations can be either notarised or certified instead of certified only as previously.

Foreign lawyers and foreign workers married to Vietnamese citizens no longer require job position approval, and can apply for work permit exemption certificates.

Moreover, job position approval must now be sought at least 15 days prior to the employment begins, rather than 30 days as previously.

Finally, previously-issued work permits or work permit exemption certificates can now be used as evidence of work experience.


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