Global immigration news round-up

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, China, Denmark, the European Union, Finland, Russia, South Korea, Türkiye and the United States.

Australia: Extension of work rights exemption for Working Holiday Makers

The government has decided to continue the previous exemption process relating to visa condition 8547, while consultation on the Working Holiday program settings and reform process is underway, in line with the recently published Migration Strategy.

From 1 January 2024, Working Holiday Makers can work for the same employer in Australia for more than six months without asking permission if the work is:

• in different locations and work in any one location does not exceed 6 months;
• in plant and animal cultivation anywhere in Australia;
• in certain industries, including  aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in northern Australia only;
• natural disaster recovery work;
• in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia;
• in the critical sector of tourism and hospitality anywhere in Australia.

For any other situations not covered above, Working Holiday Makers must request for permission to work longer than six months with one employer.

China: Simplified tourist visa requirements for US nationals

Effective 1 January 2024, tourist visa applicants within the United States will no longer be required to submit proof of a round-trip air ticket booking, proof of a hotel reservation, an itinerary or an invitation letter.

Denmark: Updated Positive Lists

The Danish Agency for International Recruitment and Integration (SIRI) has updated the Positive Lists for people with a higher education and for skilled work. The new lists are applicable from 1 January 2024.

The Positive Lists are lists of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme.

The new Positive List for People with a Higher Education includes 72 job titles, while the Positive List for Skilled Work includes 38.

European Union: Kosovans qualify for visa-free travel

Effective 1 January 2024, Kosovo passport holders can travel to the EU without a visa for up to 90 days in any 180-day period.  Equally, EU citizens are able to travel to Kosovo without a visa.

The proposal to grant visa free travel to Kosovo was approved by the European Union co-legislators in April 2023.

The EU Member States covered by the visa waiver are:

• the following EU Member States which are part of the Schengen area: Austria, Belgium, Croatia,  Czechia,  Denmark,  Estonia  Finland,  France,  Germany,  Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, and Sweden;
• the EU Member States which are not yet part of the Schengen area but do apply the EU acquis related to the EU visa lists Bulgaria, Cyprus and Romania;

The visa waiver also applies to the associated Schengen states: Iceland, Liechtenstein, Norway and Switzerland.

Although Ireland is an EU Member State, it is not part of the Schengen Area, so the visa waiver does not apply.

Kosovans can enter the EU as a tourist, to visit friends or family, to attend cultural or sports events, business meetings, for journalistic or media purposes, medical treatment, for short-term studies or training and any similar activities. However, the visa waiver does not apply to persons travelling for those who come to work in the EU.

Finland: Increased financial requirement for Schengen visas

Effective 1 January 2024, Finland has increased the daily financial requirement for short-stay visitors to EUR 50 per day of stay (previously EUR 30). This financial requirement applies to visits of no more than 90 days. The financial requirement is raised as it has been lagging behind the cost of living.

Also effective 1 January 2024, Finland has introduced a proof of sponsorship and/or accommodation form, which allows visa applicants to finance their visit using the funds of the inviting party. This applies Article 14.4 of the EU’s Visa Code.

With the introduction of the proof of sponsorship, the fact that a Finnish citizen or a person residing in Finland with a residence permit undertakes to finance the travel of the visa applicant may be taken into account in the visa consideration. The inviting party must fill in a proof of sponsorship form to be attached to the visa application.

Finland: Increased processing fees

The Finnish Immigration Service (Migri) has announced an increase to certain of its processing fees, effective 1 January 2024.

The key changes are as follows:

• The processing fees for permanent residence permits will be different depending on whether you apply online in Enter Finland or submit a paper application. The fee for an online application for a permanent residence permit will be EUR 220. The processing fee for a paper application will be EUR 270. Before the changes, the fee was EUR 160 for both paper and online applications.
• The processing fee for a citizenship application submitted online will be EUR 490. Previously, the fee was EUR 460.
• The processing fee for an online application for a first residence permit for an employed person will be EUR 540. Previously, the fee was EUR 490.
• The processing fee for an online application for an extended permit will be EUR 170. Previously, the fee was EUR 160.
• The fee for renewing a residence permit card will be different depending on whether you submit the application online in advance or apply for a new card at a service point without having filled in an application form beforehand. The processing fee for an online application will be EUR 60. Without an online application, the processing fee will be EUR 75. Previously, the fee was EUR 54 in both cases.

Russia: Updated forms and new notification procedure

Effective 1 January 2024, there are changes in the forms for applications and notifications concerning foreign employees submitted to the Ministry of Internal Affairs, as well as to the notification submission procedure.

Forms:

The following new forms are available:

• quarterly salary notification;
• Notification of termination of an employment agreement with a foreign national;
• Application for work permit issuance;
• Application for work permit renewal;
• Application for duplicate work permit issuance;
• Application for work permit amendment;
• Application by a foreign national for involvement as an HQS;
• Notification of employment of a foreign national by an organization providing employment services for foreign nationals in Russia.

Notification procedure:

A single electronic signature or an enhanced unqualified electronic signature should now be used for the notification of conclusion and termination of an employment agreement and for quarterly salary notifications.

Previously, it was necessary to use an enhanced qualified electronic signature.

South Korea: New remote worker visa

The government has introduced a digital nomad visa for remote workers, effective 1 January 2024.

The “Workation” (Digital Nomad) Visa (F-1-D), valid for one year, is applicable to foreign nationals aged 18 years or above who have been employed by a foreign company for more than one year (or who own a foreign company) and are able to work remotely in South Korea.  Family members can also obtain this visa.

• Applicants must earn more than twice the Korean GNI (Gross National Income) per capita of the previous year as announced by the Bank of Korea, after tax deduction. This is currently approximately EUR 61,000 per year or EUR 5,083 per month after tax.
• Applicants must have no criminal record.
• Applicants must have medical insurance with coverage of EUR 70,000 for medical treatment and flight transfer to home country during stay in Korea.
• Holders must not take employment in South Korea or conduct profitable work in Korea.
• For stays more than 91 days in South Korea, applicants need to apply for foreigner registration with the immigration (branch) office which has jurisdiction over their place of residence within 90 days from the date of entry into the country.
• The authorized period of stay is one year from the date of entry and can be extended up to one year.

Türkiye: Visa-free travel extended to six more countries

Effective 2 December 2023, citizens of Bahrain, Canada, Oman, Saudi Arabia, the United Arab Emirates and the United States can travel to Türkiye visa-free.

The visa-free regime was extended in a decree published on that date in the official gazette of Türkiye.

Ordinary passport holders from those six countries are now able to enter Türkiye for tourism or business purposes for up to 90 days within a 180-day period.

United States: Increased fees for Premium Processing

US Citizenship and Immigration Services (USCIS) has announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation.

The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security (DHS) to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases certain premium processing fees from USD 1500 to USD 1685, USD 1750 to USD 1965, and USD 2500 to USD 2805.

The fee change will go into effect on 26 February 2024. If USCIS receives a Form I-907 postmarked on or after 26 February 2024 with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

Applicants may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.

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