Latest updates in global immigration

04.10.2024

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, Canada, China, Germany, New Zealand and Portugal.

Australia: New biometric verification app released

On 26 September 2024, the Department of Home Affairs (DHA) launched a new mobile app called Australian Immi App, which provides biometric capture and verification capability. Visa applicants can now self-serve this part of the visa application process by using the app.

DHA has initially released the app for use across the Pacific for visa applicants located in Fiji, Papua New Guinea, Samoa and Tonga.

Applicants who have provided biometrics before at an Australian biometric collection centre can provide facial biometrics and passport details with the app. Eligible applicants will receive a letter from DHA, inviting them to download and use the app.

The app is free to download and use and will save the cost of travel to a biometric collection centre for every new visa application.

Canada: Further changes to Temporary Foreign Worker Program

On 18 September 2024, Employment and Social Development Canada (ESDC) announced further details of changes to the Temporary Foreign Worker Program which will take effect on 26 September 2024.

The 10% employer cap on temporary foreign workers under the Low-wage Stream of the TFW Program will apply across Canada, including occupations that fall under the Traitement Simplifié in Quebec. An exception will be made for employers seeking to fill labour shortages in the healthcare, construction, and food processing sectors, which will be permitted to keep a 20% cap.
All Labour Market Impact Assessments (LMIAs) approved for Low-wage Stream positions will be limited to a work duration of a maximum of one year, including those processed under the Traitement Simplifié, except for occupations under the Primary Agriculture Stream.
The Refusal to Process (RTP) policy will apply to all Census Metropolitan Areas (CMAs) with an unemployment rate of over 6%. An exception will be made for employers seeking to fill labour shortages in the healthcare, construction, and food processing sectors. The CMA unemployment rate information will be updated four times a year, when the first Labour Force Survey of each financial quarter is published. The list will be updated on the same day that the data is published.

In March 2024, Canada announced a plan to decrease the number of temporary residents from 6.5% of the total population to 5% over the next three years, including temporary foreign workers and international students. The government has since launched a series of measures with this aim.

China: Shanghai issues two-year Category B work visas

The Shanghai authorities have extended the duration of a Category B professional talent work visa to two years upon application for a second extension. The initial work permit and first extension will still be issued for a maximum of one year.

In China, the visa duration for foreigners is based on different talent categories, primarily divided into three categories: A, B, and C.

For Category B (professional talent), the work permit approval period is generally one year. The validity period cannot exceed that of the business license or registration certificate, government approval document, employment contract or assignment letter, and the applicant’s passport or equivalent international travel document.

The specific scope of foreign professional talent (Category B) includes:

Foreign professionals with a bachelor’s degree or above and at least two years of relevant work experience. They must meet one of the following criteria:
- Managers or professional technical personnel engaged in research, teaching, or management in special fields such as education, scientific research, journalism, publishing, culture, arts, health, and sports.
- Personnel executing intergovernmental agreements between China and foreign countries, international organization agreements, or China-foreign economic and trade or engineering contracts. Age requirements may be relaxed for individuals dispatched by internationally renowned academic institutions or international organizations in education and science, in accordance with the terms of intergovernmental exchange and cooperation agreements.
- Personnel hired by representative offices of international organizations in China and representatives of foreign expert organizations stationed in China.
- Mid-level and above employees dispatched by multinational companies, chief representatives and representatives of foreign companies’ resident offices in China.
- Foreign management personnel or technical professionals hired by enterprises, public institutions, social organizations, and other entities.
Talent with internationally recognized professional skills certifications or those with urgently needed skills.
Foreign language teaching personnel. In principle, foreign language teachers should teach the language of their home country. They must hold a bachelor’s degree or above and have at least two years of language education experience. Those who hold a degree in education, language, or pedagogy, or possess a national teaching qualification or a recognized international language teaching certificate, can be exempt from the work experience requirement.
Foreign talent whose average salary is at least four times the average local salary from the previous year.
Specialized personnel and project implementation personnel in compliance with the regulations of relevant national departments.
Professionals who score over 60 points on the points-based evaluation system.

China: Shanghai introduces 13 measures to attract foreign talent

At the fourth Shanghai Talent+ Summit on 20 September 2024, Shanghai authorities announced 13 measures to attract and support Category A foreign nationals to work in the city.

The measures include streamlined procedures for obtaining visas, residence permits, permanent residency, work permits and financial services. For example, those who possess doctorates and others deemed to be outstanding foreign talent will benefit from streamlined procedures when applying for permanent residency.

Germany / Colombia: Joint declaration of intent on migration partnership

The governments of Germany and Colombia have signed a joint declaration of intent on a migration partnership between the two countries in Berlin.

A new bilateral steering group, in which topics are defined and progress is discussed, is to meet for the first time in the near future.

The German government has already concluded migration agreements with the following countries: India, Georgia, Kenya and Uzbekistan. A comprehensive migration partnership has existed with Morocco since January 2024. In addition, the federal government is in talks and negotiations with other states.

New Zealand: Extended visa duration for partners of New Zealand citizens and residents

The government has increased from two to three years the maximum duration for work and visitor visas for partners of New Zealand citizens or residence class visa holders who have been living together for at least 12 months.

The aim is to give couples additional time to save for residence application fees and better aligns with the visa durations provided to partners of temporary migrants.

The new maximum visa duration will apply to applications received from 1 October 2024 and applications that have been submitted, but not yet decided, on that date. Current visas will not be automatically extended. A new application will need to be made for the longer duration.

New Zealand: Employers must engage directly with authorities for Job Check

Immigration New Zealand (INZ) has announced that, from 7 October 2024, accredited employers must engage directly with Work and Income for most ANZSCO Level 4 or 5 vacancies at the Job Check stage, rather than using an immigration professional such as a Licensed Immigration Adviser (LIA).

The government states that it is making this change because, where Work and Income only have an immigration professional’s contact details, it has been difficult for them to engage with the employer about potential job applicants from New Zealand.

Employers will need to provide Work and Income with a contact person responsible for hiring decisions, such as a hiring manager, human resources manager or owner/operator.

Employers can still use external organisations, such as recruitment agencies, for their Work and Income engagement, as long as they are involved in hiring decisions and not also providing immigration advice on the Job Check application.

Background:

Accredited employers must advertise the job (and may have to engage with Work and Income) before applying for a Job Check application, unless the job is exempt. A job is exempt if it is on the Green List and meets the Green List requirements, or pays at least NZD$59.32 an hour (twice the February 2023 median wage).

If the job is ANZSCO level 1, 2 or 3, the employer must advertise for at least 14 days.

If the job is ANZSCO skill level 4 or 5, the employer must engage with Work and Income in addition to advertising the role for at least 21 days. The employer can apply for Job Check within 90 days of engaging with Work and Income.

Portugal: Facial verification appointments now required for Cape Verde nationals

VFS Global, the visa services provider contracted by the Portuguese government, has announced that, effective 23 September 2024, a facial verification appointment system has been implemented at the Visa Application centre in Praia to ensure the booking of appointments by genuine applicants.

A facial verification appointment is now mandatory for all Portugal visa applicants in Cape Verde (except minors). Applicants must have their passport with them during the appointment booking stage to complete the online live photo match with the photo on their passport bio page as part of the verification process.

Appointments are free and are available here. Advance online payment of the usual service fee of CVE 4440 is part of the appointment confirmation.

Appointments will be opened ten days in advance to encourage better utilization of the appointment quota by applicants.

VFS states that, with the recent changes introduced by the CPLP’s Agreement on Mobility, visa applications have surged. This has led to scammers posing as employees or associates of the organisation or agents and intermediaries promising early appointments at an additional cost.