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, China, Czechia, Denmark, Finland, India, Ireland, Kazakhstan, New Zealand and Sweden.
Canada: Category-based permanent residence invitations for transport workers
On 18 September, Immigration, Refugees and Citizenship Canada (IRC) announced the first round of invitations for transport occupations through category-based selection in Express Entry, due to take place during the week after the announcement.
This follow the changes to Express Entry through category-based selection announced on 31 May 2023, aimed at addressing labour shortages and supporting economic goals by inviting candidates with specific work experience or French language ability to apply for permanent residence.
Since May 2023, Canada has invited French speakers, STEM professionals, health workers and candidates with trades expertise to apply for permanent residency through Express Entry.
China: Latest immigration updates
The immigration authorities in China have recently announced some changes, including the following.
Simplified visa form
Effective 20 September 2023, the Ministry of Foreign Affairs has optimized the visa application form, reducing the amount of information required.
For example, the applicant must now include their travel history from only the last year, rather than five years; and only their highest educational qualifications need to be included.
Expanded online visa services
The National Immigration Administration (NIA) has announced that, effective 9 October 2023, new online immigration services will be available.
The new services will include online booking for appointments for individual applications, including for visa reissuance, extension and renewal and for stay and residence permits. Applicants will also be able to check the status of their applications online. They can also make enquiries about requirements and application procedures for visas, permits, Foreign Permanent Resident ID Cards and passports and about exit-entry administration service centres.
New Foreign Permanent Resident ID Card
The National Immigration Administration (NIA) has announced that a new version of the Foreign Permanent Resident ID Card will be issued effective 1 December 2023.
The current version of the card will remain valid within its expiration date.
The Foreign Permanent Resident ID Card is a legal identity document issued by NIA to qualifying foreigners whose permanent residence applications have been approved. It can be used as a personal identity document in accommodation registration, paying for train, ship or airline tickets and other occasions that require personal identification, instead of a passport.
Czechia: Updated medical insurance requirements
Effective 20 September 2023, foreign national applicants for a long-term visa or stay are permitted to arrange comprehensive travel and medical insurance with any insurance provider authorised in Czechia. Previously, insurance could only be obtained from Pojišťovna VZP.
Moreover, the contracted limit for one insured accident must now be at least EUR 400,000, rather than EUR 60,000 as previously.
Denmark: Extended deadline for Brexit residence applications
The deadline for submission of applications for residence documents under the Withdrawal Agreement between EU and the United Kingdom has been extended to 31 December 2023.
The extended deadline applies to individuals who have not previously submitted an application. It also applies to applicants who submitted an application after the original deadline expired on 31 December 2021 and whose application was therefore not processed. Eligible applicants will not be individually notified that they should apply.
British citizens and their family members are covered by the Withdrawal Agreement if they had legal residence in Denmark in accordance with the EU rules on free movement before 31 December 2020.
Applications should be submitted according to the online procedure outlined here.
Denmark: Updated income statistics
The Danish Agency for International Recruitment and Integration (SIRI) has published updated income statistics which will take effect 1 October 2023.
The Danish Agency for International Recruitment and Integration (SIRI) uses income statistics made by the Confederation of Danish Employers (DA) in the case processing of applications to decide if an offered job is within the Danish standards for salary. This applies to the Pay Limit Scheme, and the Fast Track Scheme, among other routes.
The new income statistics contain information from the second quarter of 2023 and will take effect for applications submitted from 1 October 2023. In the future it is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 January 2024.
SIRI will usually assume that the salary corresponds to Danish standards, and will not make further assessment, if it is stated in the application form and employment contract that:
- The employer is covered by a collective agreement though a membership of an employers’ association.
- The employment is covered by a collective agreement in the relevant sector.
- The salary is at least DKK 67,812.50 per month (2023 level).
If the above-mentioned terms are not documented in the employment contract, SIRI will assess whether the salary offered corresponds to Danish standards, using the income statistics from the DA as a guideline.
Applications for a residence and work permit after 1 October 2023 will be evaluated according to the income statistics for the second quarter of 2023.
Applications between 1 August 2023 and 30 September 2023 will be evaluated according to the income statistics from the first quarter of 2023.
Finland: Immigration service points
Effective immediately, individuals can avoid visiting a service point of the Finnish Immigration Service in more circumstances.
Customers are no longer required to visit a service point to prove their identity if they use Enter Finland
- to apply for Finnish citizenship (and their children are not applying at the same time); or
- to apply for an extended permit, a new residence permit card or a new residence card and they submit the application from a new Enter Finland account (i.e. a first-time online application).
Previously, avoiding a visit to a service point has been possible for customers who apply for an extended permit, a new residence permit card or residence card if they have had an Enter Finland account and have previously used it to submit an application.
To avoid visiting a service point, applicants must log in to Enter Finland using strong authentication (using their Finnish online banking ID, mobile certificate or citizen certificate). If they have previously created an account with an email address, they should change the login method to strong authentication. They must also submit a photograph retrieval code from the photo shop where they had their passport taken (if relevant) and pay the processing fee before sending the application.
India: Suspension of visas for Canadians
Effective 21 September 2023, India has suspended the issuance of all categories of visa to Canadian citizens until further notice. The ban also applies to Canadian nationals resident in third countries.
The measure was announced by the Ministry of External Affairs during their weekly media briefing and is in response to escalating tension between the two countries over the killing of a Sikh separatist in Canada.
Ireland: Resident permit cards for Temporary Protection beneficiaries
The Department of Justice has begun a project to issue Irish Resident Permit (IRP) cards to beneficiaries of Temporary Protection in a phased manner.
The Department of Justice is currently in the process of contacting, in phases, Ukrainians and third country nationals who have been granted Temporary Protection by email to seek proof of current address in order to issue IRP cards. Beneficiaries of Temporary Protection are not required to contact the Department until requested.
Kazakhstan: Deadline for 2024 quota applications
The deadline for employers to submit quota applications for 2024 is 30 September 2023.
A quota application must be submitted to the Employment Department by an employer which wishes to bring foreign nationals to work in Kazakhstan. Applications must be submitted in all regions where the company plans to employ the foreign workers, and should include the number of foreign nationals the company currently employs and plans to employ in the next year.
A quota application is not required for intra-corporate transferees or those eligible for work permit exemptions (for example investors or directors of 100% foreign-owned companies).
New Zealand: Changes to work rights for Student Visa holders
Effective 9 October 2023, changes will be made to in-study work rights for students visa holders, to maintain in-study work right eligibility once the higher Skilled Migrant Category Resident Visa qualification threshold comes into effect.
The changes include:
- References to Skilled Migrant Category Resident Visa in the in-study work instructions will be removed. Instead, the programme level and type of eligible qualification will be stated.
- References to the requirement for a course to be relevant to the ANZSCO occupation at skill levels 3-5 will also be removed from instructions.
As a result of these changes, all students studying a full-time programme resulting in a New Zealand qualification at Level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF) will be eligible for in-study work rights. Training schemes and micro-credentials are not qualifications and remain ineligible for in-study work rights.
Students generally need to be studying full time to be eligible for a student visa and in-study work rights.
However there is an exception for students who are:
- completing a course of study which would qualify for points under the Skilled Migrant Category Resident Visa, or
- in their final semester of a programme that lasts at least two academic years.
This allows students who may have a part time study load in their last semester to remain on a student visa. These instructions will also be updated to reference level 4 qualifications and higher.
New Zealand: Government to review exempt qualifications list
The government has agreed to update the List of Qualifications Exempt from Assessment (LQEA) ahead of the opening of the Skilled Migrant Category Resident visa on 9 October 2023.
The LQEA is a publicly available list which sets out the comparable New Zealand Qualifications and Credentials Framework (NZQCF) level for specified overseas qualifications. Note that within immigration instructions the NZQCF is referred to as the New Zealand Qualifications Framework or NZQF.
The review will include:
- A review of the existing list;
- Removal of qualifications which do not meet the new Skilled Migrant Category Resident Visa criteria;
- Compiling quality assured, approved, accredited and relevant qualifications that meet the requirements; and
- The addition of ‘qualification type’ to all qualifications on the list.
The updated LQEA will be in effect from 29 September 2023, to coincide with the Green List and Sector Work to Residence categories opening to application. It will be in place for the opening of the revised Skilled Migrant Category Resident Visa on 9 October 2023. It will include the following seven countries:
- Hong Kong
- Malaysia
- Philippines
- South Africa
- United Kingdom
- United States of America
Some of these country lists will be further updated in further phases, and qualification types will be added. For example, further work is being undertaken to confirm which Doctoral-level qualifications will be recognised from the USA and which non-bachelor’s degrees will be recognised from the Philippines.
More qualifications from additional countries will be added to the LQEA in further phases.
The updated LQEA will be used for the Green List Straight to Residence, Green List and Sector Work to Residence categories, and the Accredited Employer Work Visa (AEWV). It will also be used for the new Skilled Migrant Category Resident Visa when it opens on 9 October 2023.
Applicants whose overseas qualification is not listed in the updated LQEA must get an International Qualifications Assessment (IQA) before submitting a visa application and submit the IQA with the visa application.
Sweden: Minimum salary increase postponed
The Migration Agency has postponed an increase in the minimum salary requirement for work permit holders until 1 November 2023. This was originally scheduled for 1 October 2023.
The required monthly salary will be more than doubled from SEK 13,000 to SEK 27,360, which is 80% of the median wage in Sweden.
For existing work permit holders, the new requirement only applies if they apply for an extension after the change, or if they apply for an extension before the change but the Migration Agency only assesses the application after the change.
The increase does not affect holders of EU ICT Permits or EU Blue Cards or seasonal workers, for whom different salary thresholds apply.
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