Global immigration news from around the world

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, Canada, Denmark, Malaysia, the Philippines, Taiwan and the United States.

Australia: Changes to onshore Student visa applications

From 1 January 2025, the Department of Home Affairs will no longer accept Letters of Offers from individuals applying in Australia for a Student visa. Onshore applicants will be required to include a Confirmation of Enrolment (CoE) at the time of application.

The change will only impact applications lodged on or after 1 January 2025. Visa applications lodged before that date using only a Letter of Offer from an education provider are not affected.

Not providing a CoE at the time of application will make an application invalid. Visa decision makers cannot assess an invalid application. An associated Bridging visa cannot be granted where the substantive visa application is not valid.

This change will align the requirements to provide evidence of an intended course of study for both onshore and offshore Student visa applications. Providing a CoE at time of visa application demonstrates a stronger commitment by the student to study at that institution. This will increase certainty for Australia’s international education sector.

There is no change to the alternative forms of evidence of intended course of study for Foreign Affairs, Defence or secondary exchange students.

Visa holders in Australia are responsible for ensuring they maintain a lawful status. Those intending to study and not able to obtain a CoE before their current visa expires will need to either depart Australia or explore other visa options. However, there are now restrictions to applying for a Student visa while in Australia when holding certain visas.

Canada: Flagpoling no longer permitted

As announced by the Government of Canada as part of Canada’s Border Plan, work and study permits are no longer provided to flagpolers at a port of entry, effective 23 December at 11:59pm ET.

Flagpoling occurs when foreign nationals who hold temporary resident status in Canada, leave Canada and, after a visit to the United States or St. Pierre and Miquelon, re-enter to access immigration services at a port of entry.

Canada Border Services Agency notes that this practice has taken up significant resources at the border, diverting Canadian and American officers away from important enforcement activities and has contributed to wait times for cross-border travellers.

Applications and renewals for work or study permits need to be submitted through Immigration, Refugees and Citizenship Canada (IRCC). Those who attempt to flagpole for a work and study permit will be told to submit their application to IRCC unless they meet limited exemptions, including the following:

• Citizens and lawful Permanent Residents of the United States of America;
• Professionals and technicians under free trade agreements with the United States/Mexico, Chile, Panama, Peru, Colombia and South Korea;
• Spouses or common law partners of professionals and technicians under free trade agreements with Panama, Colombia and South Korea;
• International truck drivers who hold a work permit, where required to depart Canada for the purpose of their employment and held maintained status as a result of applying for renewal prior to departure; and
• Individuals who have a pre-existing appointment booked with the CBSA for permit processing.

Canada: Changes to Express Entry rules

Immigration, Refugees and Citizenship Canada (IRCC) has announced that, effective spring 2025, Express Entry candidates will no longer receive additional points for having a job offer.

This temporary measure is intended to reduce fraud by removing the incentive to illegally buy or sell labour market impact assessments to improve a candidate’s chances of being selected to come to Canada as a permanent resident.

Once it takes effect, the change will impact candidates pursuing permanent residence through the Express Entry system, including those currently working in Canada temporarily. The changes will not affect candidates who have already been invited to apply or who have an application in progress. Once the change is introduced, it will apply to all candidates with job offers in the pool as well as new candidates entering the pool.

Denmark: Positive Lists updated

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 2025. 

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 162 job titles, while the Positive List for Skilled Work includes 48.

In the current update, more positions have been added to the Positive List for People with a Higher Education. This is partly due to slightly more positions where there is a labour shortage, and partly because the positions on the list with effect from 1 April 2023 are on the list for at least 2 years at a time.

The Positive List for Skilled Work has fewer positions as fewer positions where there is a labour shortage have been registered.

Denmark: New residence permit fees

The Danish Agency for International Recruitment and Integration (SIRI) has reduced its fees for processing applications for residence permits.

The new fees are as follows. The amounts are in Danish kroner (DKK).

Foreign nationals applying for a residence permit on the basis of work or studies etc. must generally pay a fee for submitting the application. The fee amounts are generally set once a year based on the tasks associated with the case processing.

Malaysia: New requirement for change of category applications

Malaysia Digital Economy Corporation has reminded employers that, effective 1 January 2025, employers or companies will need to submit a “change of category letter” at the approval stage of an application for change of category. A sample change of category letter can be downloaded here.

The process implemented recently by the Malaysian Immigration Department requires employers to cancel the current Employment Pass when applying for a change of category (Category 1, 2, or 3).

Philippines: Reminder to submit annual report

The Bureau of Immigration (BI) has issued a notice reminding all registered foreign national in the Philippines to report in person to the BI between 1 January and 1 March 2025. 

The following are the requirements for the 2025 Annual Report:

• Completely filled-out online registration which can be accessed here;
• Original valid ACR I-Card of card holder or original paper-based ACR with valid visa.
• Original valid passport;
• Official Receipt covering the latest payment of Annual Report Fee.

In addition, the 2025 Annual Report for the BI Main Office in Intramuros, Manila, will be held at Level 3, Lower Food court Area of Robinsons Manila and at the Government Service Express (GSE) of SM Mall of Asia, from Mondays to Fridays except holidays, from 9am to 6pm.

Additionally, the Virtual Annual Report will be available to all registered foreign nationals (except for paper-based ACR holders) present in the Philippines during the annual report period who are holders of valid visas​ through online registration here.

Clients must choose their preferred date and time of appointment within the Annual Report period for the online interview and pay the assessed fees within 24 hours from the issuance of the Order of Payment Slip thru Maya, Gcash, Credit (Visa/Mastercard) or Landbank.

Further, all departing foreign nationals are required to pay their annual report prior to the issuance of Emigration Clearance Certificate – B (ECC-B) in compliance to section 22(a) of CA 613, as amended and section 10 of RA 562, as amended.

The complete list of BI Offices participating in the 2025 Annual Report may be found here.  

Failure to report will, at the Immigration Commissioner’s discretion, subject the concerned foreign national to an administrative fine or to prosecution and upon conviction, a fine or imprisonment, or both.

Taiwan: Proof of polio vaccination required for certain visa applicants

In accordance with World Health Organization recommendations, applicants for Taiwan visas who have resided in or visited countries or regions at high risk for polio transmission for four weeks or longer within the past year must submit proof of having been administered the oral polio vaccine (OPV) or the inactivated polio vaccine (IPV) from four weeks to one year before applying.

The relevant countries are Afghanistan, Pakistan, Mozambique, DR Congo, French Guiana, and Guinea.

United States: USCIS to Publish Revised Form I-129, Petition for a Nonimmigrant Worker

On 17 January 2025, United States Citizenship and Immigration Services (USCIS) will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). The form has been revised to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule.  

The 01/17/25 edition of Form I-129 replaces the 04/01/24 edition of Form I-129. There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. Effective 17 January 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of the form.  

USCIS is providing a preview version of the 01/17/25 edition of Form I-129  (PDF, 2.19 MB) and its instructions. Applicants must not file the 01/17/25 edition of Form I-129 before 17 January 2025. USCIS will only accept the 01/17/25 edition of this form if it is received on or after 17 January 2025.  

Those who file Form I-129 on paper by mail should note that:

• USCIS will accept the 04/01/24 edition of Form I-129 if it is received before  17 January 2025;
• USCIS will not accept the 04/01/24 edition of Form I-129 if it is received on or after 17 January 2025; and 
• USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after 17 January 2025.

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