What's new in global
immigration?
2 October 2023
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Canada, Egypt, the European Union, Finland, the Netherlands, the United States and Vietnam.
Canada: 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.
Egypt: 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.
European Union: 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.
Finland: 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.
Netherlands: 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.
United States: Latest immigration updates
The immigration authorities in the United States have recently issued a number of key updates that applicants should be aware of, including the following.
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.
Vietnam: 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.
Expert advice on global immigration
If you need support with any aspect of global 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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