Latest updates in global immigration

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Canada, New Zealand, Portugal, South Africa, Switzerland and the United States.

Canada: Temporary measures to support family reunification of indigenous people

On 10 October 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced temporary measures to help Indigenous people in the United States reunite with their families in Canada with most application fees waived.

These measures will allow eligible Indigenous people whose family members live in Canada to:

• work or study in Canada with some requirements waived
• extend their stay for up to three years (for those who are already in Canada).

Indigenous people eligible for these measures can apply as of 10 October 2024. Applicants must apply in advance before they travel to Canada. Those who are already in Canada can also apply from inside Canada. Applications cannot be made at the border (port of entry).

To be eligible for these temporary measures, applicants must meet either of the following scenarios: 

1. An eligible Indigenous person is:

• a member of a States or a citizen of the Manitoba Métis Federation and
• a United States citizen or were born there and
• an anchor member of your family who
  • is a Canadian citizen, permanent resident or person registered under the Indian Act and
  • lives in Canada.

2. An eligible family member of an Indigenous person is:

• a family member of an eligible Indigenous person under these temporary measures.
  • those accompanying the eligible Indigenous person must be included on their application.
  • those travelling separately from the eligible Indigenous person who applied under these temporary measures will need to submit their own application. 

New Zealand: Changes to the Migrant Exploitation Protection Work Visa

On 17 October 2024, Immigration New Zealand (INZ) announced that, from 31 October 2024, the ability to be granted a second Migrant Exploitation Protection Work Visa (MEPV) will be removed. This means that, if anyone has an initial MEPV, and applies for a second MEPV on or after 31 October 2024, their application will be declined.

Migrants who have made a credible report of exploitation will still be able to be granted a MEPV of up to six months, or until the expiry of their current visa (whichever is lesser) to allow them to leave the exploitative situation and remain lawfully in New Zealand while they find a new job.

People whose initial MEPV expires up to and including 30 November 2024, will have until 30 October to apply for a second MEPV if they wish to do so.

Other changes include:

• Clarifying that situations involving lawful employment terminations, non-payment of final wages due to liquidation and redundancies do not meet the definition of migrant exploitation.
• Refining the definition of migrant exploitation to specify that exploitation must be linked to a genuine employment relationship.

Portugal: Measures to expedite family reunification

The president of the Agency for Integration, Migration and Asylum (AIMA) in Portugal has announced in an interview an increase in vacancies for family reunification processes to expedite the integration of regularized immigrants.

Immigrants with minor children can now register online to request family reunification appointments, which is expected to lead to uncertainty regarding the number of individuals to be regularized.

Minors must be proven to be in national territory on the date on which the application is submitted on the platform intended for Family Reunification of Minors.

Scheduling of appointments for the collection of biometric data will be carried out by order of registration on the platform.

Form 4 (Term of Responsibility) regarding financial support has been changed and can be consulted here.

South Africa: New remote work visa and points-based system for work visas published

South Africa’s Department of Home Affairs (DHA) has announced the launch of the anticipated Remote Work Visitor Visa and the new Points-Based System for Work Visas, with amendments to the immigration regulations.

The Remote Work Visa enables highly paid individuals who are employed abroad to live in South Africa.  Applicants must earn at least ZAR 650,976 gross per annum (reduced from the previous ZAR 1,000,000 gross per annum and may obtain a remote work visa valid for stays of up to 36 months.

The new Points-Based System for Work Visas introduces a transparent points scale to objectively determine who qualifies for a Critical Skills or General Work Visa.

An applicant must meet all other prescribed requirements (e.g., police clearance, medical report etc.) for a critical skills work visa or general work visa and must earn 100 points to obtain a visa.

• If the 100-point threshold is reached through an occupation contained on the critical skills list, the applicant may be issued with a critical skills work visa.
• If the 100-point threshold is reached through a combination of points rather than through an occupation on the critical skills list, the applicant may be issued with a general work visa.

The points criteria are set out in the below table:

As an interim measure while the Department lays the foundation for digital transformation to shift exclusively to online application and adjudication, applicants for the Remote Work Visa as well as for the Critical Skills Visa and General Work Visa under the new Points-Based System, can continue to submit applications through the relevant service providers and South African missions abroad.

Switzerland / United States: New agreement on exchange of trainees and young professionals

On 11 October 2024, Switzerland and the United States signed a new agreement in Bern on the exchange of trainees and young professionals. The agreement will make it easier for young Swiss people to receive training in the US, and for Americans to do the same in Switzerland, for short periods. This new agreement replaces the agreement from 1980.

The agreement, which will take effect from 30 November 2024, is aimed at young Swiss and American people who are either in training or have a vocational diploma or higher education qualification. People who do not meet these requirements may still be eligible if they have some professional experience. In particular, they must be seeking to complete their studies or to improve their skills in their specialisation.

For both Swiss and American participants, residence and work permits are issued for up to 12 months, with the possibility of a six-month extension.

The new agreement makes it easier for young professionals from both countries to obtain visas, and opens up the exchange programme to a wider range of people than under the 1980 agreement. Under the old programme, more than 100 people each year from Switzerland and as many from the United States benefited from an exchange in the 1980s and early 1990s. This number has fallen steadily since the 2000s, mainly because of changes in the requirements for obtaining a US visa.

Switzerland also has trainee exchange agreements in place with Argentina, Australia, Chile, Canada, Japan, Monaco, New Zealand, the Philippines, Russia, South Africa, Ukraine, Tunisia and Indonesia.

United States: Updated guidance on expedited requests

United States Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify how it considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.

Government Interests:

This update clarifies that USCIS may expedite cases identified as urgent by federal, state, tribal, territorial, or local governments of the United States because they involve public interest, public safety, national interest, or national security interests. This update clarifies that when an expedite request is made by a federal government agency or department based on government interests, USCIS generally defers to that agency or department’s assessment.

Travel-Related Requests:

USCIS issues several types of travel documents. This update clarifies that USCIS will consider expediting Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, for benefit requestors in the United States when they have a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.

When the need is related to a planned event, USCIS considers whether:

• The applicant timely filed Form I-131; and
• Processing times would prevent USCIS from issuing the travel document by the planned date of departure.   

Submission and Processing of Expedite Requests:

This update also clarifies how to make an expedite request, including how requestors can use USCIS online tools with secure messaging, such as submitting their expedite request and uploading evidence to support their expedite request if they have a USCIS online account.

This update explains how USCIS processes expedite requests by clarifying that it will generally respond to benefit requestors who submit their request through the USCIS Contact Centre to inform them when USCIS has made a decision on their expedite request. 

This guidance is effective immediately and is controlling and supersedes any related prior guidance.

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.