What's new in global
immigration?

29 June 2022

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Ireland, Sweden, Ukraine and the United States.

Ireland: Updates to the Critical Skills Occupations List

The government of Ireland has updated its Critical Skills Occupations List, as follows:

• The following jobs have been added to the list: Pharmacist, Cardiac Physiologist; Medical Scientist; Occupational Therapist; Physiotherapist; Podiatrist/Chiropodist; Psychologist and Speech and Language Therapist.
• Quota limitations have been removed from the occupations of Bricklayer, Plasterer and a number of other construction sector occupations which were removed from the Ineligible Occupations List in 2019 or 2021.
• The quota for Meat Processing Operatives has been increased by 425.

For the purposes of the employment permits system, occupations fall into three categories:

• 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.  Special “fast-track” conditions attach to this permit type including the eligibility to apply to the Department of Justice for family members to accompany the permit holder immediately; and after two years may apply for permission to work without the requirement for an employment permit.
• Ineligible occupations are those with evidence that there are sufficient Irish/EEA workers to fill such vacancies. Employment permits are not granted for these occupations.
• 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).  This permit type is renewable and after five years the applicant may apply to the Department of Justice for long term residency permission.

Sweden: New ‘talent visa’

Sweden’s new ‘residence permit for highly qualified persons to look for work or start a business’ was voted through parliament in April as part of a set of changes to the country’s work laws. The new ‘talent visa’ allows non-EU citizens with a higher level degree to apply for a visa of up to nine months which they can then use to stay in Sweden and look for work or research setting up a new business.

The Swedish Migration Agency has now released application and eligibility details of this new permit. In order to obtain a residence permit to seek employment or explore the possibilities for starting a business in Sweden, applicants must:

• have completed studies corresponding to an advanced level degree
• plan to seek employment or explore the possibilities for starting their own business
• be able to support themselves during the period for which they are applying for a permit and have money to cover the cost of their journey home
• have comprehensive health insurance valid for care in Sweden
• have a passport valid for the entire period they intend to be in Sweden (if their passport is about to expire, they should extend it because they cannot get a permit for longer than their passport is valid)
• currently be located outside of Sweden.

The permit may be granted for a minimum of three months and for no more than nine months. During this period, the holder’s family cannot move to Sweden to live with them.

Holders who get a job in Sweden during the permit period can apply for a work permit from within the country. They are not allowed to start working before they have applied for the new permit. Once they have applied for a work permit, they will be able to work while the Swedish Migration Agency processes their new application. They are only allowed to work for the employer and in the profession for which they have applied for a permit.

If the holder decides to start a business in Sweden, they can apply for a residence permit as a self-employed person in Sweden and run their business while the Swedish Migration Agency processes their application.

Ukraine: Visas required for Russian nationals

Effective 1 July 2022, Russian nationals will be required to obtain a visa for entry to Ukraine for any purpose. The Ukrainian government has cancelled the previous bilateral visa-waiver agreement with Russia.

United States: H-1B cap-subject petitions

The 90-day filing period for H-1B cap petitions for the fiscal year (FY) 2023, which opened on 1 April 2022, expires on 30 June 2022.

At the end of March, USCIS completed the H-1B initial electronic registration selection process (lottery).  The number of registrations entered into the lottery this year increased by more than 50% over FY 2022.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2023, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed with the correct service centre and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not yet available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2023 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.  Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

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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