Immigration updates – 12th of July

Ireland

New visa requirement for nationals of Botswana and South Africa

Effective 10 July 2024, holders of South African and Botswanan passports, previously permitted to enter visa free, are now required to obtain an Irish visa before travelling to Ireland.

South African and Botswanan passport holders who have booked travel to Ireland before 10 July 2024 and will travel to Ireland before 10 August 2024 may travel to Ireland provided they are in possession of the following documentation:

• A valid passport; and
• Documentary proof from their carrier (not a Travel Agent) showing the date of purchase of their ticket(s), their name as the passenger, the flight number(s) and date of travel.

This documentation must be produced where requested to do so by a carrier or an Immigration Officer. Normal immigration rules that apply to non-nationals on seeking entry to Ireland will apply to any person availing of the transitional arrangements.

• Any person who has booked travel to Ireland before 10 July 2024 and is travelling to Ireland after 9 August 2024 cannot avail of the limited transitional arrangements and will need to have obtained an Irish visa before travelling.
• Any person who books travel to Ireland after 10 July cannot avail of the limited transitional arrangements and will need to have obtained an Irish visa in advance of travel, even if travelling to Ireland before 10 August 2024.
• Persons who are in possession of a valid Irish Residence Permit (IRP) card do not separately need to have an Irish visa.

Note that Botswanan or South African nationals holding valid Irish Residence Permit (IRP) cards are not subject to the visa requirement.

Lithuania

Stricter requirements for employment of foreign nationals

Effective 1 July 2024, foreign nationals arriving in Lithuania using the visa-free regime, national or Schengen visas, or residence permits issued by other countries will no longer be able to work in Lithuania without first obtaining a temporary residence permit issued in Lithuania, according to the Migration Department.

The following exceptions apply:

• Foreign nationals who are sent to Lithuania to work as employees of a company established in a member state of the European Union or the European Free Trade Association;
• crew members of ships sailing international routes under the flag of Lithuania;
• foreign nationals coming to Lithuania for no more than three months a year to conduct affairs related to the conclusion and execution of contracts, staff training or equipment installation;
• entrepreneurs who are shareholders and managers of companies;
• highly skilled athletes;
• performers;
• journalists accredited by the Ministry of Foreign Affairs;
• individuals officially engaged in religious activities;
• foreign nationals who come to Lithuania to carry out governmental or voluntary programs recognized by the European Union or its member states;
• lecturers and researchers who come to conduct scientific research as researchers, having labour or copyright contracts signed with scientific or research institutions; 
• nationals of economically developed countries (Australia, Japan, United Kingdom of Great Britain and Northern Ireland, United States of America, Canada, New Zealand, South Korea) who come to work or engage in other legal activities.

Foreign nationals who started working in Lithuania before the amendments to the Law on the Legal Status of Aliens came into effect will have the right to work until the end of their legal stay or until they acquire the right to work on other grounds provided for by the said law. The migration department gives the following example:

… a Belarusian citizen who came to Lithuania with a Polish national visa and is employed here per the shortage occupation list will be able to work as long as his or her visa remains valid. If such a foreigner wishes to continue working in Lithuania, he or she should apply for a Lithuanian work-based temporary residence permit as soon as possible. In such cases, the Migration Department advises to apply for new permits at least four months before the expiration date of the existing documents.

The submission of an application for a temporary residence permit does not grant the permission to stay and work in Lithuania if the previously held permit has already expired. Working without a valid permit is illegal, and in such cases the employer who violates the legislation will become subject to administrative liability. In addition, the employer fined for allowing illegal or undeclared work or violations of the procedure for employment of foreign nationals will be prohibited from hiring new foreigners for one year.

Additional transparency and responsibility criteria for companies employing foreigners in Lithuania

After the amendments to the Law on the Legal Status of Foreigners entered into force on 1 July 2024, transparency requirements for Lithuanian companies employing foreign nationals have been tightened, and additional restrictions introduced for foreign nationals employees.

Effective immediately:

• It is mandatory to conclude a minimum six-month employment contract with the employed foreigner;
• The foreign national must be employed full time.
• The employer must EITHER pay the foreign national a monthly salary of at least the last published average monthly gross salary for the calendar year (currently EUR 2013.8) OR to provide information about the foreign national’s relevant qualifications AND at least one year of work experience in the last three years. Previously, either qualifications or experience was sufficient.
• The company must have been carrying out the activity for which the foreign national is invited for at least the last six months;
• Foreign nationals are now permitted to work for no more than four employers. All additional employers will need to be specified by the employer providing the mediation letter.
• It is now possible to submit a request for permission to change employer only after six months from the date of obtaining the existing temporary residence permit.
• The employer must have any necessary licenses and/or permits for the activities to be carried out by the foreign national;
• The employer must not have been penalized administratively for not reporting changes in the foreign national’s data or for providing false data or other assistance to the foreigner in obtaining an immigration document; or for allowing illegal work, undeclared work or violations of the procedure for hiring foreigners in the past year; or for providing false data, or illegally obtained or forged documents.
• There must be no serious reason to believe that the company is fictitious or that the foreign nationals it invites may pose a threat of illegal migration.

If the Migration Department determines that the company intending to employ a foreign national fails to meet any of these requirements, it will be prohibited from employing foreign nationals for six months from the date of determination of such circumstances.

Holders of revoked residence permits no longer able to deliberately delay departure

Effective 1 July 2024, the decision of the Migration Department to cancel a residence permit will no longer be automatically suspended if an appeal is submitted. This means that the residence permit will be declared invalid, regardless of whether the foreign national appeals against the cancellation decision.

Previously, the temporary or permanent residence permit card remained valid even though the holder failed to meet the usual requirements. Those who remained in Lithuania could attempt to legitimize their stay in the country in a variety of ways, for example by finding another employer, by starting studies, by entering into marriages with Lithuanian citizens.

Now, if the foreign national does not leave Lithuania within 14 days after the cancellation of the residence permit, a decision of his or her return will be issued.

If the return decision is not enforced, the foreign national will be deported and prohibited from entering the Republic of Lithuania.

United Kingdom

2nd ballot of the 2024 Youth Mobility Scheme for Taiwanese youth

The second ballot for the 2024 Youth Mobility Scheme for Taiwanese youth will open in July. 

800 places were allocated during the first ballot in February, while the remaining 200 places will be made available in the second ballot in July. Successful applicants will be able to live, work and study in the UK for up to two years.

Applications are submitted by email, according to the instructions here. The email account will only be open for 48 hours between 00:01 on Tuesday 23 July 2024 and 00:01 on Thursday 25 July 2024 (Taiwan time) and all emails received within this timeframe will be sent an automated reply confirming receipt. 

Once the ballot closes, allocations for the 800 places will be chosen at random by UK Visas and Immigration (UKVI). Successful applicants will be sent a second email by 31 July 2024 to confirm acceptance and provide further instructions on how to start their application, along with documentary evidence required to apply for their entry clearance.

Successful applicants must prepare online applications and online credit card payments and attend a Visa Application Centre biometrics appointment by 31 October 2024.

Taiwanese youth living overseas can also apply following the instructions above and, if chosen to apply, they will be able to do so in their country/territory of residence. Applications cannot be submitted for the Youth Mobility Scheme in the UK.

Unsuccessful applicants will receive an email by 31 July 2024.

Next date announced for India Young Professionals Scheme ballot

UK Visa and Immigration (UKVI) has announced that the next ballot for the India Young Professionals Scheme will open at 1:30pm India Standard Time (IST) on 16 July 2024 and will close at 1:30pm IST on 18 July 2024.

Anyone intending to apply for a visa for the India Young Professionals Scheme must enter the ballot and can do so at any time while the ballot is open.

• The ballot is open to Indian citizens who are eligible for the India Young Professionals Scheme visa.
• Successful entries will be picked at random. Results will be sent by email within two weeks of the ballot closing.
• Entry to the ballot is free but the visa application costs £298 and there are financial, educational and other requirements.
• There are 3000 places available for the India Young Professionals Scheme visa in 2024. Most places were made available in the February ballot. The remaining places will be made available in the July ballot.
• Applicants can only submit one entry per person for each ballot. Any further attempts to enter will not be counted.
• Successful entrants in the ballot will be invited to apply for a visa.
• Visa applicants will have 90 days from the date of the email to apply online, pay the visa application fee, including the immigration health surcharge and provide biometrics.
• Successful entrants in the ballot who choose not to apply for the visa do not need to inform UKVI.
• The results of the ballot are final. With no right to appeal. Unsuccessful entrants can enter future ballots.

An India Young Professionals Scheme visa allows Indian citizens between 18 and 30 years old to live and work in the UK for up to two years. To be eligible for the visa, applicants must:

• be an Indian citizen;
• be between 18 and 30 years old;
• have an eligible qualification;
• have £2530 in savings.

Visa holders can:

• study – for some courses they’ll need an Academic Technology Approval Scheme certificate;
• work in most jobs;
• be self-employed and set up a company – as long as the premises are rented, the equipment is not worth more than £5000 and there are no employees.

Visa holders cannot:

• extend their stay;
• apply for most benefits (public funds);
• include family members on their application – they must apply separately;
• work as a professional sportsperson (for example as a coach).