Latest updates in global
immigration

2 May 2024

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

Finland: Automated decisions to renew residence documents available for some applicants

Effective 25 April 2024, the Finnish Immigration Service (Migri) has introduced automated decision-making in renewing residence permit cards and residence cards.

An automated decision is a decision that Migri’s system automatically makes on an application. The processing of the application may involve automated steps and steps taken by Migri specialists.

The system makes an automated decision only where this is possible under law. Automation is based on the rules formulated by the Finnish Immigration Service. The system uses these rules to check whether an application meets the requirements laid down in law.

A card may be renewed automatically if the holder meets the following conditions:

  • They hold a permanent residence permit or a permanent residence card for an EU citizen’s family member;
  • Their right of residence is not based on the withdrawal agreement conducted between the European Union and the United Kingdom (meaning that you do not have a Brexit permit);
  • They have applied for a new card on 25 April 2024 or thereafter;
  • They have submitted all the information and documents required for renewing the card;
  • They do not have a non-disclosure for personal safety reasons.

Finland: Automated post-decision monitoring of startup entrepreneurs’ residence permits to begin

The Finnish Immigration Service (Migri) has announced that it will begin using automated post-decision monitoring of start-up entrepreneurs’ residence permits on 24 April 2024. The purpose of post-decision monitoring is to verify that start-up entrepreneurs still meet the permit requirements.

A residence permit for a start-up entrepreneur can be granted to a person who establishes a start-up company or owns a recently founded company that aims for growth. Before applying for the permit, the entrepreneur must first obtain a positive eligibility statement from Business Finland. The Finnish Immigration Service will conduct automated monitoring of start-up entrepreneurs’ residence permits that have entered into force on 1 January 2023 or later.

Post-decision monitoring focuses on the key requirements for the residence permit for start-up entrepreneurs. One of the monitored parameters is whether the entrepreneur has moved to Finland. Migri may conduct automatic register checks in a selection of national registers, including the registers of Kela, the Incomes Register and the Population Information System of Finland.

The Finnish Immigration Service has carried out post-decision monitoring since 2017. Automated post-decision monitoring was used for the first time in the autumn of 2023 to help monitor students’ residence permits.

Indonesia: Bridging Visa introduced

Effective 1 April 2024, the Directorate General of Immigration at the Ministry of Law and Human Rights has implemented a Transitional Stay Permit policy, also known as a Bridging Visa. This residence permit acts as a ‘bridge’ between a previous residence permit and a new residence permit.

Foreign nationals holding a Visit Stay Permit can now obtain a Limited Stay Permit without having to leave Indonesia. Equally, holders of a Limited Stay Permit or a Permanent Stay Permit which can no longer be extended, can obtain new Stay Permit without having to leave Indonesia.

The validity period of the Transitional Stay Permit is 60 days; is only valid onshore (i.e., for foreign nationals who are already in Indonesia and is no longer valid if the foreigner leaves Indonesia.

This residence permit can be used by foreign nationals who will apply for a change of status to a Limited Stay Permit. Foreign nationals holding a Transitional Stay Permit are not subject to overstay if their application for a Transitional Stay Permit is approved after the validity period of the previous residence permit expires.

Foreign nationals who wish to use a Transitional Stay Permit must submit an application here and pay the immigration fee no later than three days before the validity period of the previous residence permit expires.

With a Transitional Stay Permit, foreigners can save time, energy and accommodation costs that would otherwise be incurred if they had to leave Indonesia in order to submit an application and wait for approval for a new visa.

Ireland: Update on Stamp 2 bridging permission for English language students

Immigration Service Delivery (ISD) has announced bridging permission for English Language course students who have successfully completed a second or third course and subsequently enrolled in a Higher Education Programme commencing by the end of October 2024.

The bridging permission will be a short-term Stamp 2 permission granted until 30 September 2024, from the date of expiry of their current Irish Residence Permit (IRP) card, on the basis that applicants will be in a position to provide documentary evidence of a confirmed and fully paid Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing September 2024.

The Stamp 2 Bridging Permissions will be granted as follows:

  • Students who have successfully completed a third English Language course (max allowable) and have enrolled in and paid fees for a Higher Education Programme listed on the ILEP, commencing by the end of October 2024, can avail of a bridging permission by applying via their local immigration office if residing outside of Dublin, Meath Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow, provided all other criteria are met.
  • Where students have successfully completed a second English Language course on or after 1 July 2024 and have enrolled in and paid fees for a Higher Education Programme listed on the Interim List of Eligible Providers (ILEP) commencing by end of October 2024, they can avail of this bridging permission by applying via their local immigration office if residing outside of Dublin, Meath, Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow, provided all other criteria are met.

This bridging permission does not apply to students who have successfully completed a second English Language course prior to 1 July 2024 regardless of the date of application. These students have the option to undertake a third English language course and renew a permission on that basis, should they wish to.

Students wishing to avail of this bridging permission must have:

  • An in-date IRP card or a card that has expired within one month when applying for the bridging permission;
  • Successfully completed a third English Language course listed on the ILEP or successfully completed a second English Language course listed on the ILEP on or after 1 July 2024;
  • Have enrolled in and paid fees in full for a Higher Education Programme listed on the ILEP;
  • Apply for a renewal (bridging permission) via their local immigration office if residing outside of Dublin, Meath, Kildare or Wicklow, or via the online portal if residing in Dublin, Meath, Kildare or Wicklow.

Students will be required to:

  • Satisfy renewal criteria;
  • Provide evidence of their enrolment in a Higher Education Programme listed on the ILEP;
  • Provide evidence that the course fees have been paid in full.

Students whose second or third English language course finished on or after 1 July 2024 wishing to avail of this bridging permission will be fee-exempt. (Dublin, Meath, Kildare or Wicklow based customers applying via the online portal will have the fee refunded when the application is processed).

Students whose third English language course finished prior to 1 July 2024 wishing to avail of this bridging permission will pay the standard fee of EUR 300.

Students who avail of this bridging permission will be required to renew their immigration permission prior to the bridging permission expiring on 30 September 2024.

The notice is valid from 1st May 2024 to 31st August 2024 only.

Malaysia: All Employment Pass applications to be submitted through Xpats Gateway

Malaysia Digital Economy Corporation (MDEC) has announced that, effective 24 April 2024, all new and renewal Employment Pass (EP) applications for MDEC-registered companies must be submitted through the Xpats Gateway using the same login credentials as the MDEC Expats System.

The Xpats Gateway was officially launched on 15 June 2023 for non-ICT (information and communication technology) companies registered with the Expatriate Services Division (ESD).

New Zealand: Ballot dates for 2024 Pacific Access Category and Samoan Quota

Immigration New Zealand (INZ) has announced that registrations will open for the 2024 Samoan Quota and the Pacific Access Category on Monday 20 May 2024 at 08:00 New Zealand Standard Time (NZST).  The ballots will close on Sunday 30 June 2024 at 17:00 (NZST).

The Samoan Quota and Pacific Access Category are longstanding resident visa categories that allow people from the Pacific to become permanent residents in New Zealand. Both schemes operate through an annual ballot.

This year, up to 1,650 Samoan citizens, 250 Tongan and 250 Fijian citizens and 75 Kiribati and 75 Tuvaluan citizens will be granted residence. You can register for the annual ballot online.

Further information is available here.

Ukraine: Government restricts consular services for Ukrainian men of conscription age

On 25 April 2024, the Foreign Minister of Ukraine, Dmytro Kuleba, announced a temporary suspension of the acceptance of applications for consular services for Ukrainian men of conscription age (18-60) living abroad.

All applications for the provision of consular services submitted before 23 April 2024 will be considered and processed by consulates in full, including applications submitted for registration of a passport of a citizen of Ukraine for travelling abroad.

The restrictions do not apply to consular applications by Ukrainian men of conscription age on behalf of their children.  Moreover, emergency consular assistance is not affected by these restrictions.

The Minister added that further clarifications will soon be provided on the procedure for obtaining consular services for men of conscription age once the new law “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration” comes into force on 18 May 2024.  According to the law, once male citizens of Ukraine have updated their military registration details, they will be able to access consular services abroad.

United States: Application period announced for the Citizenship and Integration Grant Program

US Citizenship and Immigration Services (USCIS) has announced the application period for the Citizenship and Integration Grant Program, which provides funding for citizenship preparation programs in communities across the country.

The 16-year-old program, specifically Citizenship Instruction and Naturalization Application Services, will provide up to USD 10 million in grants to prepare legal immigrants for naturalization and promote civic integration through increased knowledge of English, US history and civics.

USCIS expects to award up to 40 organizations up to USD 300,000 each for two years to expand availability of high-quality citizenship and integration services. This grant opportunity will fund public or non-profit organizations that offer both citizenship instruction and naturalization application services to lawful permanent residents. Applications are due by 21 June 2024.

Since 2009, the USCIS Citizenship and Integration Grant Program has awarded USD 155 million through 644 grants to immigrant-serving organizations. These grant recipients have provided citizenship preparation services to more than 300,000 immigrants in 41 states and the District of Columbia. In fiscal year 2024, USCIS received support from Congress through appropriations to make this funding opportunity available to communities and expects to announce award recipients in September 2024.

To apply, applicants should visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov before the application deadline to obtain registration information needed to complete the application process.

Expert advice on global immigration

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