Immigration updates – 26th of September

Australia

New biometric verification app released

On 26 September 2024, the Department of Home Affairs (DHA) launched a new mobile app called Australian Immi App, which provides biometric capture and verification capability. Visa applicants can now self-serve this part of the visa application process by using the app.

DHA has initially released the app for use across the Pacific for visa applicants located in Fiji, Papua New Guinea, Samoa and Tonga.

Applicants who have provided biometrics before at an Australian biometric collection centre can provide facial biometrics and passport details with the app. Eligible applicants will receive a letter from DHA, inviting them to download and use the app.

The app is free to download and use and will save the cost of travel to a biometric collection centre for every new visa application.

Belgium

New work permit regulations in Brussels

On 1 October 2024, changes to the work permit regulations for non-European nationals take effect in the Brussels Capital region of Belgium. The changes were published in an ordinance issued on 1 February 2024, and implemented by a decree on 16 May 2024.

The changes are as follows:

Simplified calculation of remuneration: From 1 October 2024, the salary thresholds for specific categories of occupation will be calculated based on a percentage of the average gross monthly salary in the Brussels Capital Region, which is €4,604. Only the basic monthly remuneration (corresponding to Code 1 of the DMFA declaration) will be taken into account. For these specific categories, it will amount to at least the following:

Category	Gross amount per month
Senior management	€6,445.60 (140 %)
Highly qualified personnel	€3,591.12 (78 %)
Performing artist	€2,992.60 (65 %)
European Blue Card	€4,604.00 (100 %)
ICT manager	€5,294.60 (115 %)
ICT expert	€4,373.80 (95 %)
ICT trainee	€2,532.20 (55 %)

These amounts will be updated every 1 January based on the latest amounts published each September.

The calculation method for athletes (€6,873.15), and the determination of the guaranteed average minimum monthly income (€2,070.48), are unchanged and will remain in force.

End of work permit B: Work permit B will now be called either a “short-term work authorisation” or a “long-term work authorisation”. The work authorisation will now be sent directly to the employer, who must pass it on to the worker so that they can apply for a visa if necessary. The procedure for au pairs will remain unchanged. 

Fewer formalities for work authorisations valid for more than one year: When a work authorisation for more than one year has been granted, the employer will no longer have to send documents for the annual check. This check will remain but will be automated. The administration reserves the right to request additional information if necessary. 

Unlimited work authorisation granted after 30 months’ residence and occupation in the Brussels Capital Region: To qualify for an unlimited work authorisation, an employee domiciled in the Brussels Capital Region must have resided in Belgium for at least 30 months without interruption and provide proof of 30 months’ employment attested by a single permit or work authorisation obtained in the Brussels Capital Region.
Where time-limited work authorisations have been issued by another Region, the period is extended to four years.  

Additional appendices to be provided: For some categories, additional documents will be required, such as a job description and a company organisation chart. This should enable a better analysis of the application. No additional job market analysis will be carried out for critical functions as published by Actiris.

Actiris will continue to carry out job market analyses for other “non-category” functions, provided that the job offer has been published with Actiris for at least five weeks and the result of this search is provided. 

Transposition of the new Blue Card Directive: The regulations will also include new provisions concerning the blue card. It will be easier to change employer.
Higher education qualifications will no longer be required in the field of information and communications technology. Professional qualifications can be demonstrated by proof of professional experience.

Short-term / long-term work authorisation

If the working period in Belgium is a maximum of 90 days out of 180 (in the case of successive employment without interruption, previous periods are taken into account in the calculation of the 90 days), the employer or their agent must apply for a short-term work authorisation.

This also applies to cross-border workers or workers teleworking from abroad for a Brussels-based employer, for up to 90 days.

If the worker is a cross-border worker, or teleworks from abroad for an employer in the Brussels Capital Region, for more than 90 days, the employer or their agent must apply for a long-term work authorisation.

This authorisation may be granted for three years, depending on the duration of the employment contract, for workers belonging to one of the following categories: 

 

• • highly skilled workers 

• • intra-group transferees (with the exception of trainee employees);

• • workers holding a European Blue Card

• • researchers

Single permit

The single permit procedure remains unchanged if the worker stays in Belgium for more than 90 days.

Canada

Further changes to Temporary Foreign Worker Program

On 18 September 2024, Employment and Social Development Canada (ESDC) announced further details of changes to the Temporary Foreign Worker Program which will take effect on 26 September 2024.

 

• • The 10% employer cap on temporary foreign workers under the Low-wage Stream of the TFW Program will apply across Canada, including occupations that fall under the Traitement Simplifié in Quebec. An exception will be made for employers seeking to fill labour shortages in the healthcare, construction, and food processing sectors, which will be permitted to keep a 20% cap.

• • All Labour Market Impact Assessments (LMIAs) approved for Low-wage Stream positions will be limited to a work duration of a maximum of one year, including those processed under the Traitement Simplifié, except for occupations under the Primary Agriculture Stream.

• • The Refusal to Process (RTP) policy will apply to all Census Metropolitan Areas (CMAs) with an unemployment rate of over 6%. An exception will be made for employers seeking to fill labour shortages in the healthcare, construction, and food processing sectors. The CMA unemployment rate information will be updated four times a year, when the first Labour Force Survey of each financial quarter is published. The list will be updated on the same day that the data is published.

In March 2024, Canada announced a plan to decrease the number of temporary residents from 6.5% of the total population to 5% over the next three years, including temporary foreign workers and international students.  The government has since launched a series of measures with this aim.

China

Shanghai issues two-year Category B work visas

The Shanghai authorities have extended the duration of a Category B professional talent work visa to two years upon application for a second extension. The initial work permit and first extension will still be issued for a maximum of one year.

In China, the visa duration for foreigners is based on different talent categories, primarily divided into three categories: A, B, and C.

For Category B (professional talent), the work permit approval period is generally one year. The validity period cannot exceed that of the business license or registration certificate, government approval document, employment contract or assignment letter, and the applicant’s passport or equivalent international travel document.

The specific scope of foreign professional talent (Category B) includes:

 

• • Foreign professionals with a bachelor’s degree or above and at least two years of relevant work experience. They must meet one of the following criteria:
    

     

    • • Managers or professional technical personnel engaged in research, teaching, or management in special fields such as education, scientific research, journalism, publishing, culture, arts, health, and sports.
    • • Personnel executing intergovernmental agreements between China and foreign countries, international organization agreements, or China-foreign economic and trade or engineering contracts. Age requirements may be relaxed for individuals dispatched by internationally renowned academic institutions or international organizations in education and science, in accordance with the terms of intergovernmental exchange and cooperation agreements.
    • • Personnel hired by representative offices of international organizations in China and representatives of foreign expert organizations stationed in China.
    • • Mid-level and above employees dispatched by multinational companies, chief representatives and representatives of foreign companies’ resident offices in China.
    • • Foreign management personnel or technical professionals hired by enterprises, public institutions, social organizations, and other entities.

• • Talent with internationally recognized professional skills certifications or those with urgently needed skills.

• • Foreign language teaching personnel. In principle, foreign language teachers should teach the language of their home country. They must hold a bachelor’s degree or above and have at least two years of language education experience. Those who hold a degree in education, language, or pedagogy, or possess a national teaching qualification or a recognized international language teaching certificate, can be exempt from the work experience requirement.

• • Foreign talent whose average salary is at least four times the average local salary from the previous year.

• • Specialized personnel and project implementation personnel in compliance with the regulations of relevant national departments.

• • Professionals who score over 60 points on the points-based evaluation system.

Shanghai introduces 13 measures to attract foreign talent

At the fourth Shanghai Talent+ Summit on 20 September 2024, Shanghai authorities announced 13 measures to attract and support Category A foreign nationals to work in the city.

The measures include streamlined procedures for obtaining visas, residence permits, permanent residency, work permits and financial services. For example, those who possess doctorates and others deemed to be outstanding foreign talent will benefit from streamlined procedures when applying for permanent residency.

Germany / Colombia

Joint declaration of intent on migration partnership

The governments of Germany and Colombia have signed a joint declaration of intent on a migration partnership between the two countries in Berlin.

A new bilateral steering group, in which topics are defined and progress is discussed, is to meet for the first time in the near future.

The German government has already concluded migration agreements with the following countries: India, Georgia, Kenya and Uzbekistan. A comprehensive migration partnership has existed with Morocco since January 2024. In addition, the federal government is in talks and negotiations with other states

New Zealand

Extended visa duration for partners of New Zealand citizens and residents

The government has increased from two to three years the maximum duration for work and visitor visas for partners of New Zealand citizens or residence class visa holders who have been living together for at least 12 months.

The aim is to give couples additional time to save for residence application fees and better aligns with the visa durations provided to partners of temporary migrants.

The new maximum visa duration will apply to applications received from 1 October 2024 and applications that have been submitted, but not yet decided, on that date. Current visas will not be automatically extended. A new application will need to be made for the longer duration.

Employers must engage directly with authorities for Job Check

Immigration New Zealand (INZ) has announced that, from 7 October 2024, accredited employers must engage directly with Work and Income for most ANZSCO Level 4 or 5 vacancies at the Job Check stage, rather than using an immigration professional such as a Licensed Immigration Adviser (LIA).

The government states that it is making this change because, where Work and Income only have an immigration professional’s contact details, it has been difficult for them to engage with the employer about potential job applicants from New Zealand.

Employers will need to provide Work and Income with a contact person responsible for hiring decisions, such as a hiring manager, human resources manager or owner/operator.

Employers can still use external organisations, such as recruitment agencies, for their Work and Income engagement, as long as they are involved in hiring decisions and not also providing immigration advice on the Job Check application.

Background

Accredited employers must advertise the job (and may have to engage with Work and Income) before applying for a Job Check application, unless the job is exempt. A job is exempt if it is on the Green List and meets the Green List requirements, or pays at least NZD$59.32 an hour (twice the February 2023 median wage).

If the job is ANZSCO level 1, 2 or 3, the employer must advertise for at least 14 days.

If the job is ANZSCO skill level 4 or 5, the employer must engage with Work and Income in addition to advertising the role for at least 21 days. The employer can apply for Job Check within 90 days of engaging with Work and Income.

Portugal

Facial verification appointments now required for Cape Verde nationals

VFS Global, the visa services provider contracted by the Portuguese government, has announced that, effective 23 September 2024, a facial verification appointment system has been implemented at the Visa Application centre in Praia to ensure the booking of appointments by genuine applicants.

A facial verification appointment is now mandatory for all Portugal visa applicants in Cape Verde (except minors). Applicants must have their passport with them during the appointment booking stage to complete the online live photo match with the photo on their passport bio page as part of the verification process.

Appointments are free and are available here. Advance online payment of the usual service fee of CVE 4440 is part of the appointment confirmation.

Appointments will be opened ten days in advance to encourage better utilization of the appointment quota by applicants.

VFS states that, with the recent changes introduced by the CPLP’s Agreement on Mobility, visa applications have surged. This has led to scammers posing as employees or associates of the organisation or agents and intermediaries promising early appointments at an additional cost.

Sweden

New rules for Swedish citizenship

Effective 1 October, changes are being introduced to the rules for citizenship of Sweden.

Changes for young people who want to become Swedish citi­zens

Young people and young adults apply for Swedish citizenship through so-called “notification”. In order for a person who has reached the age of 15 but who is not yet 21 to be able to obtain Swedish citizenship from 1 October 2024, the applicant must not:

 

• • be reasonably suspected of a crime of a more serious nature;

• • have been convicted of more serious crimes or repeatedly engaged in criminal activities;

• • pose a threat to Sweden’s national security or public safety;

• • be associated with groups or organisations that commit abuse against other people.

It must also be made probable that the applicant’s identity is correct.

The law states that the Swedish Migration Agency must take into account the applicant’s circumstances at the time of the decision, i.e., also those that occur after the notification of citizenship has been submitted.

The new requirements do not apply to stateless young people born in Sweden, nor to Nordic citizens.

Changes for Nordic citi­zens who want to become Swedish citi­zens

Until now, Nordic citizens have been able to acquire Swedish citizenship by notification, via their local county administrative board. From 1 October 2024, these applicants will need to contact the Swedish Migration Agency, which will take over responsibility for all citizenship cases on that date.

Cases that Nordic citizens have submitted to their relevant county administrative board before 1 October 2024 will not be transferred to the Swedish Migration Agency, but will instead be handled by the county administrative board

Changes for appli­cants who apply for release from citi­zenship

At the same time as the requirements for obtaining Swedish citizenship are increasing, the protection of citizenship is also being strengthened. From 1 October 2024, a person can be denied release from their Swedish citizenship if there is reason to suspect that the applicant does not wish to be released.

For children, a provision is being introduced stating that a child shall not be released from their Swedish citizenship if this would be contrary to the best interests of the child. The child’s views will be taken into account in the assessment. Children aged 12 and older must also consent to their release from citizenship.

A new provision is also introduced that makes it possible to revoke a decision on release from Swedish citizenship if it appears that there were impediments to the release, for example that the release was made contrary to the applicant’s will or the best interests of the child. This applies to decisions on release made after 1 October 2024.

Further details

 

• • On Monday 30 September 2024, the citizenship e-service will be completely closed to make the updates that will apply from 1 October. Applicants who do not want to wait until the next day can submit notifications or applications via a form.

• • In connection with the introduction of the amendments to the law, the fee for submitting a notification of citizenship will also be increased. The new fee is SEK 475.

United Kingdom

New measures set out to reduce net migration

The Home Office has announced measures to reduce net migration.

Sectors most reliant on overseas workers will be targeted to ensure they are investing in skills in the UK.

The government will task the Migration Advisory Committee (MAC) with monitoring and proactively highlighting key sectors where skills shortages have led to surges in overseas recruitment and provide a yearly assessment to ministers to inform policy decision making.

Rules around visa sponsorship of migrant workers will also be strengthened so that strong action can be taken against employers who flout employment laws, restricting their ability to hire workers from abroad.

This is in addition to work already underway to clamp down on existing sponsor licence holders and to stop visa abuse, such as the ramping up of investigation visits by UK Visas and Immigration (UKVI), and suspending and revoking licenses where employers abuse the immigration system and exploit migrant workers.

On 6 August 2024, the MAC was commissioned by the Home Secretary to look at IT and engineering – key sectors which have consistently relied on the international workforce, rather than sourcing the workers and skills they need in the UK.

United States

Qatar designated into Visa Waiver Program

On 24 September, Homeland Security and the State Department announced that Qatar will be designated into the Visa Waiver Program (VWP).

The VWP builds comprehensive security partnerships between the United States and designated countries that meet strict requirements related to counterterrorism, law enforcement, immigration enforcement, document security, and border management. These requirements include that the country have a rate of nonimmigrant visa refusals below 3% during the previous fiscal year; issues secure travel documents; extends reciprocal entry privileges to all US citizens and nationals without regard to national origin, religion, ethnicity, or gender; and works closely with U.S. law enforcement and counterterrorism authorities.

Qatar put forth a significant whole-of-government effort to meet all program requirements, including entering into partnerships with the United States to share information on terrorism and serious crimes. As with all VWP countries, DHS will continually monitor Qatar’s compliance with all program requirements.

Starting no later than 1 December 2024, the Electronic System for Travel Authorization (ESTA) online application and mobile app will be updated to allow citizens and nationals of Qatar to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a US visa. These authorizations are generally valid for two years. Travelers with valid B-1/B-2 visas may continue to use their visa for travel to the United States, and B-1/B-2 visas will remain an option for Qatari citizens. ESTA applications may be found on the ESTA website or via the “ESTA Mobile” app.

US citizens already enjoy visa-free travel to Qatar and, from 1 October 2024, will be eligible to stay in Qatar for up to 90 days instead of the previous 30-day limit if they have a passport that is valid for at least three months from arrival and a confirmed hotel booking on arrival.

Qatar will be the 42nd member of the VWP and the third country added under Secretary Mayorkas’s tenure (Croatia in 2021 and Israel in 2023). Qatar will be the first Gulf country to meet the requirements and enter the programme.

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2025

On 19 September 2024, US Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025.

18 September 2024 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before 1 April 2025. USCIS will reject new cap-subject H-2B petitions received after 18 September 20241 that request an employment start date before 1 April 2025.

USCIS is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:

 

• • Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;

• • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and

• • Workers performing labour or services in the Commonwealth of the Northern Mariana Islands and/or Guam from 28 November 2009 until 31 December 2029.

US businesses use the H-2B program to employ foreign workers for temporary non-agricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (1 October – 31 March) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (1 April – 30 September).

USCIS Announces Employment Authorization Procedures for Liberians Covered by Deferred Enforced Departure

On 23 September 2024, US Citizenship and Immigration Services (USCIS) posted a Federal Register notice establishing procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid up to and including 30 June 2026.

President Joe Biden issued a memorandum on DED for Liberians on 28 June 2024, deferring until 30 June 2026 the removal of certain Liberians who were eligible for DED under the president’s 2022 memorandum, including individuals who have been continuously present in the United States since 20 May 2017.

Through this Federal Register notice, USCIS is automatically extending through 30 June 2026, the validity of DED-related EADs bearing a Category Code of A11 and a Card Expires date of 30 March 2020; 10 January 2021; 30 June 2022; or 30 June 2024.

There is no application for DED. Nationals of Liberia, and individuals having no nationality who last habitually resided in Liberia, are covered under DED based on the terms described in the president’s directive. The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Liberians. Individuals who wish to travel outside of the United States may file Form I-131, Application for Travel Document. Individuals can also apply for an EAD by filing Form I-765, Application for Employment Authorization. The Federal Register notice provides additional information about DED for Liberia and how eligible individuals may apply for a DED-based EAD or travel authorization.