Immigration Updates – 5th of May

Contributor(s): Daniel King
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    Denmark

    The deadline for submitting an application for residence based on the Withdrawal Agreement between the EU and the UK has been extended until 31 December 2023.

    SIRI will reopen the processing of pending applications that previously were put on hold.

    The extension of the deadline for submitting an application applies to:

    • Applicants who have submitted their applications too late – i.e., after the original deadline expired on 31 December 2021 – and therefore have received a refusal to process their application;
    • Individuals who have not yet submitted an application.

    The extended deadline for submitting an application does not apply to individuals who have already had an application processed and have received a refusal on the grounds that they did not meet the conditions of the Withdrawal Agreement. These individuals will therefore not be able to have their application processed again.

    Applications submitted after the 31 December 2021 which are still being processed by SIRI, will be processed based on the extended deadline. This means that they will be considered to have been submitted on time.

    Applicants whose applications have been refused processing by the Danish Agency for International Recruitment and Integration (SIRI) due to late submission and who have an appeal pending with the Immigration Appeals Board, will be contacted by the board.

    Applicants whose applications have been refused processing by both SIRI and the Immigration Appeals Board due to late submission or who have not appealed the rejection to the Immigration Appeals Board, can now ask SIRI to have the case reopened, based on the extended deadline.

    It continues to be a requirement to meet the conditions for residence based on the Withdrawal Agreement including legal residence in Denmark before 31 December 2020.

    France

    Effective 1 May 2023, the French government has increased the minimum legal salary requirement (SMIC) to EUR 1747.20 gross per month, or EUR 11.52 gross per hour (up 2.2% from January 2023).

    The SMIC is the minimum legal salary for all workers in France, and it affects the minimum salary thresholds for some types of work permit:

    • Talent Passport – Employee on Assignment: Gross annual pay of at least 1.8 times the statutory national minimum wage (SMIC), i.e., €37,739.52.
    • Talen Passport – Qualified Employee/Employee of an Innovative Company: Gross annual pay of at least twice the statutory national minimum wage (SMIC), i.e., €41,933.

    The salary threshold for the “EU Blue Card” version of the Talent Passport, for highly skilled employees, is not calculated using the SMIC, but is 1.5 times the average annual gross salary set by decree, which equals €53,836.50 as of 1 May 2023.

    Each year, the SMIC is upgraded annually by decree on 1 January, which takes into account the change in inflation observed for the 20% of households with the lowest incomes. In addition, each increase of at least 2% in the consumer price index is automatically followed by a proportional increase in the minimum wage.

    United Kingdom

    The UK government has updated its list of institutions which can endorse Scale-up Visas and Innovator Founder Visas.

    Foreign nationals can be endorsed by Envestors Limited, UK Endorsing Services, Innovator International and the Global Entrepreneurs Program.

    Applications for extensions of these visas and for indefinite leave to remain require an endorsement letter from one of these institutions, issued within three months before the application submission.

    Legacy endorsing bodies, listed here, can only maintain existing endorsements previously issued before 13 April 2023. They cannot accept new applications for endorsement.

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