What’s new in global immigration?
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Canada, Finland, New Zealand, Panama and Spain.
Canada: New International Student Program regulations take effect
On 15 November 2024, Immigration, Refugees and Citizenship Canada (IRCC) confirmed that that new regulations impacting the International Student Program have now taken effect.
The regulations include a new limit to the number of hours international students may work off campus. With this change, eligible students can now work up to 24 hours per week off campus while their classes are in session.
To work off campus without a work permit, international students must be studying full-time in a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, that lasts at least six months and leads to a degree, diploma or certificate.
International students who are eligible to work off campus may work full-time during breaks in their academic calendar, such as the summer break between school years or the winter break between semesters.
Furthermore, international students must now apply and be approved for a new study permit before changing learning institutions.
Twice a year, designated learning institutions are expected to submit a report to IRCC that indicates whether each study permit holder associated with their school has remained enrolled. Students who are no longer enrolled can be investigated and face enforcement action, as they may be breaking their study permit conditions.
There will now be consequences for DLIs that fail to submit compliance reports or verify acceptance letters. With this change, a DLI could be suspended from welcoming new international students for up to a year for failing to provide the required information.
Designated learning institutions in Quebec have not, to date, participated in student compliance reporting. It will take Quebec and IRCC some time to set up this reporting system for Quebec DLIs. As such, Quebec DLIs have a grace period before they are required to comply with the compliance reporting requirement.
Finland: Automated decisions possible for EU citizens who register their right of residence based on work or studies
The Finnish Immigration Service (Migri) has announced that, as of 21 November 2024, citizens of EU Member States, Switzerland or Liechtenstein can receive an automated decision on their EU registration application if they apply for the registration on the basis of work or studies in Finland.
An automated decision is a decision that is automatically made on an application. The automation is based on rules formulated by the Finnish Immigration Service. The system uses these rules to check whether the application meets certain requirements laid down in law. Only positive decisions are made automatically.
Applicants can receive an automated decision on their application if they meet the following conditions:
- The application is submitted on or after 21 November 2024.
- The application is submitted via the Enter Finland online service for registration on the basis of studies.
- All the registration requirements are met. The application does not require case-by-case discretion.
- The applicant does not have a non-disclosure for personal safety reasons.
- The basis for the registration does not change during the processing of the application.
- No family members are applying together with the applicant.
- The applicant is at least 18 years old if they apply on the basis of work, or at least 16 years old if they apply on the basis of studies.
- The applicant has already started their work or studies in Finland.
- The applicant has provided a current document about their work or studies (such as an employment contract or a certificate of attendance from their educational institution).
Before an automated decision can be issued, the applicant must first visit a service point of the Finnish Immigration Service or International House Helsinki to prove their identity.
New Zealand: Changes to requirement to provide evidence of employment module completion and assessment of employment agreements
Immigration New Zealand (INZ) has announced that, from Wednesday 20 November 2024, employers will need to confirm that staff involved in recruitment decisions for Accredited Employer Work Visa (AEWV) holders have completed Employment New Zealand learning modules and paid time has been given to migrant workers to complete these.
However, to make it simpler and quicker for them, they no longer need to provide further evidence with their application to renew their accreditation. Where there are concerns, INZ may ask for further evidence.
Further changes are being considered as part of the next stage of the review into the AEWV scheme, including removing the requirement to provide an employment agreement with a Job Check application and to complete Employment New Zealand modules.
New Zealand: Removal of cap for Fishing Crew Work Visa
The government has agreed to remove the annual cap of 940 foreign workers able to obtain a Fishing Crew Work Visa.
From 2 December 2024, employers can hire more migrants to fill skill shortages on fishing vessels when they don’t have enough qualified and experienced New Zealanders to do to the work.
Employers will still be required to obtain approval in principle from Immigration New Zealand (INZ) if they wish to recruit 7 or more overseas crew members for a single vessel.
INZ has worked with the industry to pause the current allocation process for the upcoming cap year (31 October 2024 to 31 October 2025).
Removing the cap will bring immediate relief to the seafood industry, which employs over 12,000 people and earned over NZD 2 billion from exports for the year ending June 2024. 89 per cent of the seafood workforce are New Zealand nationals.
Panama: Extended deadline for immigration regularization
The National Immigration Service has further extended the deadline for submitting extensions for expired residence permits.
Resolution No. 46625 of 10 October 2024, published in the Official Gazette on 24 October 2024, extends until 31 December 2024 the deadline to submit residence permits that expired on or after 13 March 2020.
The deadline applies to the submission of extension requests for expired Temporary Residence Permits, Provisional Residence Permits, Permanent Residence Permits and Domestic Workers’ Visas.
After 31 December 2024, Resolution No. 15,703 of 24 August 2012 will remain in effect, granting a six-month period to submit extensions for residence permits and visas.
Spain: Congress approves law ending Golden Visas
On 14 November 2024, Spain’s Congress of Deputies approved a law concerning efficiencies in the Public Justice Service, which includes changes abolishing residence permits based on investment (the Golden Visa programme).
According to the bill, eligible applicants who have submitted their application under this route before the changes take effect will still be issued a visa, and the validity of previously issued visas will be honoured.
The bill will now be considered by the Senate for amendments before returning to the Congress for final approval. The change is expected to take effect from January 2025.
Earlier in 2024, the government announced that it is working to abolish Golden Visas based on investment in residential property, a route which has attracted an increasing amount of investment in Spain, but which has been identified as a cause of the country’s housing crisis.
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