Global immigration news round-up

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

Canada: New rules to strengthen temporary resident document cancellations, and border security and integrity

On 12 February,  Immigration, Refugees and Citizenship Canada (IRCC) announced that it had updated Canada’s Immigration and Refugee Protection Regulations to strengthen authorities to cancel temporary resident documents.

These changes give immigration and border services officers explicit authority to cancel electronic travel authorizations (eTAs) and temporary resident visas (TRVs) on a case-by-case basis, including when

• a change in a person’s status or circumstances makes them inadmissible or no longer eligible to hold the document (for example, the person provided false information, has a criminal history or is deceased);
• an officer is not satisfied that someone will leave Canada by the end of their authorized period of stay; or
• the document is lost, stolen, destroyed or abandoned.

The changes also enable officers to cancel TRVs, eTAs, work permits and study permits issued to people when

• they become a permanent resident;
• they are deceased; or
• the document was issued based on an administrative error.

Denmark: Fees charged for residence cards under EU Association Agreement with Turkey can be refunded

The Danish Agency for International Recruitment and Integration (SIRI) and the Danish Immigration Service have notified interested parties that they have adjusted their practice so that no fee is charged for issuing replacement residence cards to economically active Turkish nationals covered by the Association Agreement framework and their family members.

This follows the decision of the Ministry of Immigration and Integration, communicated to these agencies on 4 April 2024, that fees cannot be charged for issuing replacement residence cards to economically active Turkish nationals covered by the EU Association Agreement with Türkiye and their family members, as this is considered to be contrary to Denmark’s obligations under EU law.

In cases where a fee has been paid for issuing a replacement residence card before the adjusted practice took effect, the applicant may be entitled to a refund. This applies to cases where the fee was charged between 4 April 2021 and 4 April 2024. Cases before 4 April 2021 are not eligible for a refund due to the limitation period.

Those who may be entitled to a refund of a fee paid for a replacement residence card can submit a request to have the case reopened by the Danish Immigration Service or SIRI.

Applications processed by the Danish Immigration Service:

If the application for a replacement residence card case was processed by the Danish Immigration Service, those who wish to request a reopening of their case must submit the following information:

• The personal ID;
• The case number from your original application;
• Documentation proving that they were economically active at the time of applying for the replacement residence card, such as for example payslips.

Applications processed by SIRI:

If the application for a replacement residence card was processed by SIRI, those who wish to request a reopening of their case must submit the following information:

• The personal ID;
• The case number from your original application.

Those who do not hold a residence permit based on a work scheme or as an accompanying family member under a work scheme must provide documentation proving that they were economically active at the time of applying for the replacement residence card. To expedite case processing, they may submit such documentation, for example in the form of payslips.

Malaysia: ePass system extended to other pass types

The MYXpats Centre of the Expatriate Services Division (ESD) of the Immigration Department of Malaysia will extend the ePass system to include other pass types, effective 1 March 2025.

ePASS, introduced in December 2022, is an electronic pass currently issued for approved renewal applications (Employment Pass, Dependent Pass and Long-Term Social Visit Pass).

As of 1 March 2025, ePass will be issued for approved applications for the following pass types:

• Employment Pass Category I, II and III (new and renewal);
• Professional Visit Pass;
• Residence Pass-Talent;
• Dependant Pass (new and renewal);
• Long Term Social Visit Pass;
• Transfer of Endorsement / Take Up Balance.

However, for passes issued under Public Universities and Government Agencies, the current endorsement process will remain unchanged.

Currently, there are no changes to i-KAD issuance for applicable passes until further notice.

New Zealand: Changes to Active Investor Plus Visa

Immigration New Zealand (INZ) has announced that changes are being made to the Active Investor Plus Visa to help New Zealand encourage growth and make investing in New Zealand more attractive.

From 1 April 2025, changes to the Active Investor Plus Visa include:

• introducing two simplified investment categories — Growth and Balanced;
• a minimum investment amount of NZD 5 million for Growth category investors and NZD 10 million for Balanced category investors;
• broadening the scope of acceptable investments for Balanced category to include bond and property (new residential, new/existing commercial or industrial developments) investments;
• fewer immigration requirements for migrants who choose more active investments (such as time required to be spent in New Zealand);
• reducing the time Growth and Balanced category visa holders have to make their investments in New Zealand, both categories must make all investments within six  months of their approval in principle but may apply for a six-month extension; and
• removing the English language requirement.

Investors can apply for the visa using the same online application form that they currently use which will be updated to reflect the new changes.

Further details will be available and published in early March.

Portugal: President signs new law for nationals of Portuguese-speaking countries

On 11 February 2025, the government announced that the President has signed the decree amending Law No.º 23/2007, of 4 July, approving the legal regime for the entry, stay, leaving and removal of foreigners from the national territory, implementing in the internal legal system Regulation (EU) 2017/2226 of the European Parliament and of the Council, of 30 November 2017, and modifying the time validity of residence permits to citizens of Member States of the Community of Portuguese-Speaking Countries (CPLP).

The law creates a new visa regime for citizens of the CPLP, under which:

• residence permits will be issued in card format, and existing paper permits will be replaced with cards;
• The validity of residence permits will be extended from one year to two years;
• Residence permit applications can be submitted from within Portugal by applicants holding a short-stay visa (a work visa is no longer required).

The new rules will have to be implemented via new visa regulations.

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