What’s new in global immigration?

25.09.2024

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

Canada: Further restrictions for temporary residents

On 18 August 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced measures to manage the volume of temporary resident arrivals, as part of its plan to decrease the number of temporary residents from 6.5% of Canada’s population to 5% by 2026.

The changes include the following:

There will be a further reduction in the intake cap on international student study permits for 2025 based on a 10% reduction from the 2024 target of 485,000 new study permits issued, and then stabilizing the intake cap for 2026 such that the number of study permits issued remains the same as 2025. For 2025, this means reducing study permits issued to 437,000.

The 2025–2026 study permit intake cap will include master’s and doctoral students who will now have to submit a provincial or territorial attestation letter. IRCC will be reserving approximately 12% of allocation spaces for these students.

As part of changes to the Post-Graduation Work Permit (PGWP) programme, all applicants will be required to demonstrate a minimum language proficiency in French or English. A Canadian Language Benchmark (CLB) level 7 for university graduates and CLB 5 for college graduates will be required for anyone applying for a post-graduation work permit on or after 1 November 2024.

Graduates from programs at public colleges will remain eligible for a Post-Graduation Work Permit (PGWP) of up to three years if they graduate from a field of study linked to occupations in long-term shortage.

Later in 2024, work permit eligibility for spouses of master’s degree students will be limited to only those whose program is at least 16 months in duration;

Also later in 2024, work permit eligibility for spouses of foreign workers will be limited to those in management or professional occupations or in sectors with labour shortages under Canada’s work permit programs (TFWP and IMP).

Background:

On 26 August 2024, the government of Canada announced the following restrictions to the Temporary Foreign Worker (TFW) programme :

The government will refuse to process Labour Market Impact Assessments (LMIAs) in the Low-Wage stream, applicable in census metropolitan areas with an unemployment rate of 6% or higher. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as construction and healthcare;
Employers will be allowed to hire no more than 10% of their total workforce through the TFW Program. This maximum employment percentage will be applied to the Low-Wage stream and is a further reduction from the March 2024 reduction. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as healthcare and construction; and
The maximum duration of employment for workers hired through the Low-Wage stream will be reduced to one year (from two years).

Denmark: Authorities publish updated income statistics applicable from 1 October 2024.

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, the Positive List and the Fast Track Scheme, among other routes.

The new income statistics contain information from the second quarter of 2024 and will take effect for applications submitted from 1 October 2024. It is expected that the income statistics will be updated each quarter and that the next update will take effect from 1 January 2025.

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 71,020.83 per month (2024 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 30 September 2024 will be evaluated according to the income statistics for the second quarter of 2024.

Applications between 1 July 2024 and 30 September 2024 will be evaluated according to the income statistics from the first quarter of 2024.

New Zealand: Reminder of upcoming visa charge increases

The Government announced on 9 August 2024 that increases to visa charges, made up of fees and levies, and the International Visitor Conservation and Tourism Levy (IVL), are being introduced on 1 October 2024.

To ensure applications submitted before the increase are processed as fast as possible, Immigration New Zealand (INZ) is reminding applicants to provide all the required evidence with their applications

Applying without the required evidence or before meeting the requirements, means an application may be declined. People whose application is declined will need to pay the new charges if they reapply.

United States: USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

Effective 10 September 2024, US Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card.

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. On 10 September 2024, USCIS began printing amended receipt notices for individuals with a pending Form I-90.

These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

Those who no longer have their Green Card and who need evidence of lawful permanent resident status while waiting to receive a replacement Green Card may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and may be issued an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after filing Form I-90.

More information is available at the Replace Your Green Card page.