What's new in global
immigration?

20 April 2022

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Canada, Italy and Malaysia.

Canada: Temporary Foreign Worker (TFW) Program

The Canadian government has announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map.

Effective immediately:

  • To address seasonal peaks, there will no longer be a limit to the number of low-wage positions that employers in seasonal industries, such as fish and seafood processing, can fill through the TFW Program. This makes permanent the Seasonal Cap Exemption that has been in place since 2015. In addition, the maximum duration of these positions will be increased from 180 days to 270 days per year.
  • Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months. (Prior to COVID-19, LMIA’s were valid for 6 months).
  • The maximum duration of employment for High-Wage and Global Talent Streams workers will be extended from two years to three years. This extension will help workers access pathways to qualify for permanent residency, enabling them to contribute to Canada’s workforce for the long-term.

Effective 30 April 2022:

  • For seven sectors with demonstrated labour shortages, such as Accommodation and Food Services, employers will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year. All other employers will be allowed to hire up to 20% of their workforce through the TFW Program for low-wage positions until further notice, an increase from the former 10% cap for many employers.
  • The Government will end the current policy that automatically refuses LMIA applications for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6% or higher.

Italy: Disruptions to applications expected until 10 May

The Italian authorities have announced that immigration offices will operate at reduced capacity from 22 April to 10 May 2022, as a new website is launched.

During this period, employers will not be able to submit work permit applications and individuals will not be able to submit applications for family clearance.  Immigration offices may not be fully operational, and in-country formalities, such as contracts of stay, may be delayed.

Malaysia: Business immigration updates

Malaysia Digital Economy Corporation (MDEC) has issued new rules applicable to all companies registered with MDEC for immigration purposes.

For returned applications:

  • Companies must respond within 6 months from the return date.
  • Failure to do so will render the application void and the company will need to submit a new application.
  • Processing fees paid during submission will not be refunded.

For cancellation of pass:

  • Companies must carry out physical cancellation (via submission of the original passports) of the Employment Pass (EP), Dependant Pass (DP) and/or Long-Term Social Visit Pass (LTSVP) of expatriates and their dependants who are permanently leaving Malaysia.

For eVisa:

Meanwhile, the Expatriate Services Division (ESD) has updated the Letter of Undertaking (LoU) in the employer registration section of its website. It is now possible to add up to two Endorsers to the LoU. The previous maximum was one Endorser. Companies can now also include up to four Submission Officers (employees or third-party agents). The previous maximum was two Submission Officers.

As part of the registration process, employers must complete and print an LoU onto the company’s official letterhead once registration approval has been granted. They then need to schedule an appointment for an appointed Director to appear in person and sign the LoU in front of an immigration officer.

Note that this is not the same document as the Letter of Undertaking (or “Travel Notice”) that had to be presented by travellers to Malaysia during the COVID-19 pandemic, until 1 May 2021.

Expert advice on global immigration

If you need support with any aspect of worldwide immigration, Smith Stone Walters is here to help.

To speak to a member of our Global Immigration team, please contact us today.

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