Immigration Updates – 4th of February

Contributor(s): Daniel King
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    General Updates

    Poland

    Effective 29 January 2022, the long-anticipated amendments to Poland’s Foreigners Act have taken effect. The key changes are as follows:

    Application procedures

    • Temporary residence and work permit applicants no longer need to show that:
      • they have a source of stable and regular income, sufficient to support themselves and dependant family members;
      • they have a place of residence in Poland (i.e., proof of accommodation such as a rental contract).
    • All temporary residence and work permit applications must be processed and decided within 60 days after receipt of all required documents. Applications that have not yet been determined and were submitted before 1 January 2022 may be reviewed under an expedited method.

    Employment conditions

    • The amended legislation requires that a foreigner’s monthly remuneration cannot be less than the Polish minimum wage, regardless of the person’s working duration or contract type.
    • Foreign workers no longer have to apply for new work permits in the following situations:
      • their job title changes but the scope of duties remains the same or
      • they work longer hours while receiving proportionally higher pay.

    Declaration of an employer’s intent to hire a foreigner

    • Citizens of Armenia, Belarus, Georgia, Moldova, Russia, or Ukraine will be eligible to work in Poland for up to 24 months after signing a “Declaration of intent to employ a foreigner”. (Previously, this document could only be granted for a period of no more than six months in a period of 12 months.)

    COVID-19 Updates

    This week, many governments have again updated their COVID-19 measures and/or the lists of countries or regions affected.

    Please find some highlights below – for more information on COVID-19 restrictions in any country, please get in touch. We’re happy to help.

    Bulgaria

    • Effective 1 February 2022:
    • Dark red countries:
      • Travellers from these countries are required to present a valid digital EU COVID certificate for vaccination or recovery (or equivalent); AND a test result (PCR up to 72 hours before entry OR proof of a booster dose.
      • Entry without a valid digital EU COVID certificate or equivalent, but instead with a 10-day home quarantine, is permitted for Bulgarian citizens and residents and their family members.
      • Dark red countries currently includeAfghanistan, Andorra, Belgium, Bonaire, Denmark, Faroe Islands, France, Gibraltar, Greenland, Iceland, Israel, Maldives, North Korea, Palau, Portugal, Saba, Saint Pierre and Miquelon, San Marino, Seychelles, Sint Eustatius, Slovenia, Switzerland, Tanzania.
    • Red countries:
      • Travellers are required to present a valid digital EU COVID certificate for vaccination or recovery or negative test result (PCR up to 72 hours before entry, antigen up to 48 hours before entry) or equivalent.
      • Entry without a valid digital EU COVID certificate or equivalent, but instead with a 10-day home quarantine, is permitted for Bulgarian citizens and residents and their family members.
      • Red zone countriescurrently include Albania, Anguilla, Antigua and Barbuda, Argentina, Aruba, Australia, Austria, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, British Virgin Islands, Canada, Cape Verde, Cayman Islands, Chile, Colombia, Costa Rica, Croatia, Curacao, Czech Republic, Dominica, Dominican Republic, Ecuador, Estonia, Finland, Georgia, Germany, Greece, Grenada, Guyana, Hungary, Ireland, Italy, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Netherlands, New Caledonia, Northern Macedonia, Norway, Panama, Paraguay, Peru, Poland, Qatar, Romania, Saint Lucia, Saint Vincent and the Grenadines, Serbia, Singapore, Slovak Republic, Spain, St. Kids and Nevis, Suriname, Sweden, Tajikistan, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, United Kingdom, United States of America, Uruguay.
    • Green countries (currently none):
      • Travellers are required to present a valid digital EU COVID certificate for vaccination or recovery or negative test result (PCR up to 72 hours before entry, antigen up to 48 hours before entry) or equivalent.
      • Entry without a valid digital EU COVID certificate or equivalent, but instead with a 10-day home quarantine, is permitted.
    • Orange countries (all those not in the green, red or dark red lists):
    • Travellers are required to present a valid digital EU COVID certificate for vaccination or recovery or negative test result (PCR up to 72 hours before entry, antigen up to 48 hours before entry) or equivalent.
    • Entry without a valid digital EU COVID certificate or equivalent, but instead with a 10-day home quarantine, is permitted.

    Norway

    • Effective 1 February 2022, on-arrival testing is removed.
    • Effective 26 January 2022, travel quarantine is removed.
    • All travellers arriving in Norway are required to complete entry registration.
      • An exemption will be made for children under the age of 16 and selected groups.
    • All arriving travellers are required to produce confirmation of entry registration and a COVID-19 certificate, if applicable, to the police at border control.
      • COVID-19 certificates are accepted from the following countries:
        • EU member states; Albania, Andorra, Armenia, Faroe Islands, Georgia, Iceland, Israel, Liechtenstein, Morocco, Moldova, Monaco, New Zealand, North Macedonia, Norway, Panama, San Marino, Serbia, Switzerland, Turkey, Ukraine, United Kingdom, Vatican.
    • Proof of a negative pre-entry test taken less than 24 hours before arrival is required for individuals over the age of 18, travelling from any country, who cannot produce a verifiable COVID-19 certificate showing that they are fully vaccinated or have recovered from COVID-19 during the past 6 months.
      • For persons arriving by air, the test may be taken within the 24 hours prior to the scheduled departure time of the first leg of air travel
      • The certificate must be in Norwegian, Swedish, Danish, English, French or German.
      • This requirement does not apply to fully vaccinated travellers and recovered travellers (in the last 6 months) if their status can be documented with a secure and verifiable QR code solution.

    Spain

    • Effective 1 February 2022, antigen tests for entry into Spain are effective only up to 24 hours before arrival, rather than 48 hours as previously.
      • PCR tests for entry remain valid for up to 72 hours before arrival.
    • All international arrivals are required to complete a health control form (SpTH) no more than 48 hours in advance of travel and present the issued QR code to the authorities on entry.
      • Passengers in international transit are exempt from health control, however, they must also obtain a QR code.
    • Entry is permitted for non-EU nationals holding a vaccination certificate (valid between 14 and 270 days after the second dose, or after a booster dose).
      • Please note that it is necessary to get a booster dose at least 14 days before travelling to Spain if your 2nd vaccination was administered more than 270 days (9 months) ago.
    • Entry is also permitted for EU nationals; and for non-EU nationals who are resident in the EU, or resident in certain third countries and travelling directly from those countries (Bahrain, Chile, Colombia, Hong Kong, Indonesia, Kuwait, Macau, New Zealand, Peru, Qatar, Rwanda, Saudi Arabia, South Korea, Taiwan, United Arab Emirates, Uruguay).
      • If travelling from a risk country (all except Chile, China, Hong Kong, Indonesia, Macau, New Zealand, Rwanda, Saudi Arabia, South Korea, Taiwan), these travellers are required to present a vaccination certificate (valid between 14 and 270 days after the second dose, or after a booster dose) OR a recovery certificate (valid up to 180 days after first positive test) OR a certificate of a negative result of a PCR test carried out up to 72hr before arrival or an antigen test carried out up to 24 hours before arrival.
      • Effective 7 to 13 February 2022:
        • Risk countries in the EU/EEA include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden.
        • Safe third countries include China, Hong Kong, Indonesia, Macau, New Zealand, Rwanda, Saudi Arabia, South Korea, Taiwan.
        • Risk third countries include all those not on safe or high-risk lists.
        • High-risk countries: NONE
      • Effective 31 January to 6 February 2022:
        • Risk countries in the EU/EEA include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden.
        • Safe third countries include Chile, China, Hong Kong, Indonesia, Macau, New Zealand, Rwanda, Saudi Arabia, South Korea, Taiwan.
        • Risk third countries include all those not on safe or high-risk lists.
    • High-risk countries: NONE.

    Sweden

    • The entry ban for travel to Sweden from non-EU/EEA countries is extended until 31 March 2022.
      • Travellers to Sweden from countries outside the EU/EEA must be covered by at least one of the exemptions from the entry ban and also be able to present a negative COVID-19 test taken in the last 72 hours or be exempt from the test requirement.
      • Travellers are exempt from the entry ban and the test requirement if they can present an EU Digital COVID Certificate or avaccination certificate issued in Albania, Andorra, Armenia, Cabo Verde, El Salvador, the Faroe Islands, Georgia, Guernsey, Isle of Man, Israel, Jersey, Lebanon, Moldova, Monaco, Montenegro, Morocco, New Zealand, North Macedonia, Panama, San Marino, Serbia, Singapore, Switzerland, Taiwan, Thailand, Togo, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay or the Vatican.
      • Exemptions from the entry ban include:
        • Swedish citizens and their family members.
        • Those entitled to residence status in Sweden following Brexit.
        • Citizens of EEA member states, Switzerland, Andorra, Monaco, San Marino or the Vatican, and their family members.
        • Individuals with a long-term residence status, a residence permit or a national visa (3+ months) from Sweden or from another EEA state, and their family members.
        • Residents of Bahrain, Chile, Colombia, Hong Kong, Indonesia, Jordan, Kuwait, Macau, New Zealand, Peru, Qatar, Rwanda, Saudi Arabia, South Korea, Taiwan and United Arab Emirates, Uruguay.
          • On 27 January 2022, Argentina, Australia and Canada were removed from this list.
      • Exemptions from the entry ban can also be made for foreign nationals with particularly urgent personal needs or who are to perform essential functions in Sweden, such as:
        • people with imperative family reasons.
        • passengers in transit.
        • frontier workers.
        • people who travel for the purpose of studying.
        • personnel transporting goods and other staff in the transport sector.
        • seasonal workers in the agricultural, forestry and horticulture sectors.
        • healthcare workers, researchers in health and medical care and elderly staff.
        • people who work in international organisations or are invited by such organisations and whose presence is necessary for the organisations’ activities, military personnel and other personnel within the scope of international defence cooperation, aid workers and civil defence staff.
        • people travelling for the purpose of performing highly skilled work, if their contribution is necessary from an economic perspective and the work cannot be postponed or performed remotely, including people who will take part in or perform necessary tasks at elite sports competitions.
        • Seafarers.
        • people covered by Chapter 2, Section 10 of the Aliens Act (2005:716), for example diplomats and consular staff stationed in Sweden, and their families and staff.
        • people in need of international protection or for other humanitarian reasons.
      • Exemptions from the negative test requirement include:
        • people under the age of 18.
        • people with long-term resident status in Sweden.
        • people who have a right of residence or a residence permit in Sweden.
        • citizens of the United Kingdom or family members of such citizens, provided that they are covered by Article 10 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p.7), i.e., UK citizens who are holding or have applied for residence status.
        • people with imperative family reasons.
        • people in the transport sector.
        • Seafarers.
        • people covered by Chapter 2, Section 10 of the Aliens Act (2005:716), for example diplomats and consular staff stationed in Sweden, and their families and staff.
    • The entry ban for travel to Sweden from EU/EEA countries is extended until 28 February 2021.
      • Entry is permitted on presentation of the EU Digital COVID Certificate or a corresponding certificate showing one of the following:
        • A negative COVID-19 test taken in the last 72 hours.
          • For those who commute for work or study, i.e., people who repeatedly cross the border to work or study in Sweden or another state, may use the results of a test conducted within a week prior to arrival in Sweden.
          • Exemptions from the negative test requirement include:
            • Swedish citizens
            • People who repeatedly cross the border to work or study in Sweden or another state, and who can present a vaccination certificate or a certificate showing a negative result for ongoing COVID-19 infection from a test conducted within a week prior to arrival in Sweden
            • Children under the age of 18
            • People who live in Sweden
            • People with imperative family reasons
            • Personnel transporting goods and other staff in the transport sector
            • People who carry out, are involved in or are being transported by medical transport services
            • People who are to undergo surgery or other types of care that cannot be delayed
            • People who need to cross the border to engage in reindeer husbandry
            • Seafarers
            • People covered by Chapter 2, Section 10 of the Aliens Act (2005:716), including diplomats and consular officers who are employed in Sweden by foreign states and their families and employees
            • People who have been invited in a separate procedure by the Government Offices
            • Personnel within the scope of international police, customs or emergency services cooperation
            • People travelling between Bornholm and another part of Denmark via Sweden
            • People in need of international protection or who have other humanitarian grounds.
        • COVID-19 vaccination.
        • Recovery from COVID-19 in the last six months.
      • No certification is required for Swedish citizens or foreign nationals entering from Denmark, Finland, Iceland or Norway.
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