Immigration Updates – 27th of May

Contributor(s): Daniel King
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    General Updates

    Sweden

    The government has published further guidance on the changes to the work permit rules which take effect on 1 June 2022.

    Key changes in the new rules include:

    • Those applying for a work permit will need to present an employment contract before they can receive a decision.
    • Those who have or are applying for a work permit must show that they can support accompanying family members the first time they apply for a residence permit as a co-applicant.
    • It will be possible to apply for an extended work permit several times. In this way, work permit holders can stay in Sweden for more than four years, even if they do not meet the requirements for obtaining a permanent residence permit.
    • Holders can apply for a visa if they need to travel abroad on a business trip while waiting for a decision on an extended work permit.
    • A new permit is introduced for people who are highly educated who want to come to Sweden to apply for work.
    • In some cases, the employer must notify the Swedish Migration Agency if the terms of employment change after the decision on a work permit.
    • The Swedish Migration Agency will also have greater possibilities to check that the employer complies with the terms of the employment contract. Not complying with the agreement, or not notifying the Swedish Migration Agency of changes, can have negative consequences for the employer.

    The new rules apply to both new applications and to people who are already waiting for a decision. This means that applicants who have already submitted an application for a work permit may in some cases need to supplement their application by submitting a copy of their employment contract. The Swedish Migration Agency will contact these applicants or their employers if more information about the employment is required in order to make a decision.

    The requirement to present an employment contract when applying for a work permit will apply to most workers, but some exceptions exist. The following are not affected by the changes, but should continue to present the same documents as before:

    • EU Blue Card
    • ICT permits
    • Researchers
    • Professional athletes
    • Seasonal workers
    • Au pairs
    • Trainees
    • Volunteers under the European Solidarity Corps
    • Summer jobs for young people (so-called Working Holiday visa.

    COVID-19 Updates

    Belgium

    Effective 21 May 2022, non-EU travellers are permitted to enter from outside the EU/Schengen with a negative certificate of a PCR test carried out up to 72 hours before arrival or an antigen test carried out up to 24 hours before arrival, as an alternative to a vaccination or recovery certificate.

    • Entry requirements are now the same for travellers of any nationality travelling from any country.

    Germany

    • The German health ministry has announced that it intends to suspend the 3G entry rule (proof of vaccination, recovery or negative test) from 1 June 2022.
    • Stricter entry rules for those travelling from virus variant areas (currently none designated) are expected to remain in place.
    • Effective 1 June 2022, the COVID-19 vaccine Covaxin is recognized by the Germany authorities for entry to Germany.
      • A 2-dose course of Covaxin is valid from the 14th day up to 270 days from the second dose, after which a booster is required.

    Ireland

    Since the beginning of the Irish government has announced nine temporary extensions of immigration and international protection permissions.

    This temporary permission means that people who held a valid permission to be in Ireland in March 2020 are legally permitted to remain until 31 May 2022 even if their Irish Residence Permit (IRP) card has expired and they are awaiting a new one.

    At this time there are no plans to issue an extension beyond 31 May 2022. Those covered by the extension are entitled to remain, reside and work in the State if their previously granted permission allowed them to do so.

    If an employee is required to hold an employment permit, they must check with the employment permits division of the Department of Enterprise, Trade and Employment regarding the issuing of a new or renewed employment permit.

    International students who have arrived in the State and who wish to engage in employment should be able to demonstrate to employers that they have a valid landing stamp in their passport indicating they are required to register for a Stamp 2 permission on an approved scheme under the Interim List of Eligible Programmes (ILEP).

    In relation to renewals in the Dublin area, Immigration Service Delivery (ISD) is experiencing a very large volume of applications. The current processing time to renew a permission is 10 weeks. It can then take a further two weeks to receive a new IRP card. If an employee’s IRP card has expired and they are unable to obtain a valid registration card by 31 May 2022, they are still legally permitted to remain in the State provided they show proof that they have applied to renew their registration and are waiting for it to be processed. All renewals are processed online, and applicants are issued with a receipt of application and a unique application number (OREG number).

    Spain

    Effective 21 May 2022, non-EU travellers are permitted to enter from outside the EU/Schengen with a negative certificate of a PCR test carried out up to 72 hours before arrival or an antigen test carried out up to 24 hours before arrival, as an alternative to a vaccination or recovery certificate.

    • Entry requirements are now the same for travellers of any nationality travelling from any country.
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