Global immigration news
round-up
21 September 2023
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Brazil, Canada, Costa Rica, Egypt, the European Union, Finland, Ireland, Kuwait, Panama, Singapore, Slovakia and Sweden.
Brazil: 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.
Canada: 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.
Costa Rica: 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.
Egypt: 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.
European Union: 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.
Finland: 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.
Ireland: 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.
Ireland: 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.
Kuwait: 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.
Panama: 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.
Singapore: 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.
Slovakia: 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.
Sweden: 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.
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