Latest updates in global
immigration

18 December 2023

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Canada, China, Denmark, Finland, Ireland, New Zealand, Switzerland and the United States.

Canada: 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.

China: Temporary reduction of visa fees

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.

Denmark: 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.

Finland: 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:
• Fill in the application carefully.
• Have documents legalised before submitting the application.
• If there are any changes in the family relationships, inform the Finnish Immigration Service.
• Remember to renew the passport if it is about to expire.

Ireland: ISD announces 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.

New Zealand: 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.

Switzerland: 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.

United States: 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.

United States: 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.

United States: 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.

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