Immigration updates

Immigration updates – 14th of November

Contributor(s): Daniel King
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    Australia

    Mobility Arrangement for Talented Early-professionals Scheme (MATES) announced for India

    The Department of Home Affairs (DHA) has announced that, from December 2024, graduates and early career professionals from India’s top universities can register in the pre-application ballot for a Mobility Arrangement for Talented Early-professionals Scheme (MATES) (subclass 403) visa.

    If selected in the ballot, applicants will be required to meet additional criteria for the grant of a subclass 403 MATES stream visa.

    There will be 3000 temporary visa places each year through the visa pre-application ballot process. Participants will be able to bring eligible dependent family members.

    Eligible fields of study include:

    • renewable energy
    • mining
    • engineering
    • information and ​communications technology
    • artificial intelligence
    • financial technology
    • agricultural technology.

    Applicants, who must be aged from 18 to 30 years (inclusive) can be inside or outside Australia to register in the ballot. There is a ballot registration fee of AUD 25.

    Canada

    End of the Student Direct Stream and Nigeria Student Express

    On 8 November 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced that the Student Direct Stream (SDS) and Nigeria Student Express (NSE) initiatives ended as of that day.

    Prospective students are invited to apply through the regular study permit stream, which accepts Guaranteed Investment Certificates as proof of financial support.

    Eligible SDS and NSE applications received before 2:00 p.m. ET on November 8, 2024, will be processed under these streams. Study permit applications submitted on or after this time will be processed under the regular study permit stream.

    This change will not adversely affect eligibility for those who wish to apply for a study permit from a country where the SDS or NSE initiatives have been offered. All students, regardless of whether they were eligible for the SDS or NSE, are required to meet Canada’s study permit application requirements.

    Background

    The SDS was launched in 2018 to provide faster processing for eligible post-secondary students. The SDS was eventually opened to legal residents of Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Pakistan, Peru, Philippines, Senegal, St. Vincent and the Grenadines, Trinidad and Tobago, and Vietnam. Prospective university students from Nigeria had a similar process with the NSE.

    Upcoming new qualifying conditions for Québec Experience Program

    As of 23 November 2024, in order to qualify for the Québec Experience Program, applicants must have completed an eligible program of study in French, i.e., 75% of courses or credits have been completed in French: 

    • Vocational and college training: 75% of program courses must be completed in French,
    • University programs: 75% of program credits must be completed in French.

    Theses, Master’s dissertations, internships and research laboratories may be completed in a language other than French. However, the 75% threshold must be met for other courses or credits.

    Please note that courses taken abroad, as part of an exchange program for example, count towards the threshold.

    Applicants who have not completed the qualifying program of study in French must have completed three years of full-time secondary or post-secondary studies in French in Québec or abroad.

    The Programme de l’expérience québécoise (PEQ – Québec experience program) is for foreign students who are a Québec graduate or a temporary foreign worker. It allows qualifying applicants to obtain a Québec selection certificate to settle in Québec permanently.

    Note that, from 31 October 2024 until 30 June 2025 at the latest, the government of Québec will not accept any new applications for permanent selection under the “Québec graduate” stream of the PEQ; nor will it accept invitations under the Regular Skilled Worker Program(RSWP) or the Skilled Worker Selection Program (SWSP), which will replace it as of 29 November 2024.

    The “Temporary foreign worker” stream of the PEQ is not affected by the suspensions.

    Closure of Entrepreneur Stream in Ontario

    Following the pause on accepting Entrepreneur Stream applications that took effect on 4 December 2023, the government of Ontario is implementing amendments to the program to wind-down and close the stream.

    All Entrepreneur Stream applications currently in process will continue in accordance with the updated regulations. Under the updated regulations, current applicants may be eligible for a nomination for permanent residence based on the commitments they have made to establish their business in Ontario.

    The authorities will contact all current applicants to the Entrepreneur Stream, and their authorized representatives, with more information and next steps regarding their applications.

    China

    China and Solomon Islands sign mutual visa exemption agreement

    On 7 November 2024, China and the Solomon Islands signed an agreement on mutual visa exemption. The agreement will take effect once both countries have completed their respective domestic legal procedures.

    Finland

    Pause in processing of work-based permits in January 2025

    The decision-making on certain residence permit applications will be paused from 1 to 8 January 2025. The processing pause concerns the residence permit for an employed person and the residence permits for seasonal work where the permit period is at least six months.

    The decision-making on first and extended permits will be on pause.

    Holders of a current permit which is about to expire who require an extended permit, should submit an application as soon as possible.

    The pause does not affect the submission of residence permit applications: Applications can be submitted normally through even during the pause period.

    Permit holders should apply for an extended permit before their current permit expires. An application is considered to have arrived in time it is submitted via Enter Finland before the previous residence permit expires. However, it may take longer than normal for a decision to be issued.

    Work permit services to be transferred from TE Offices to Finnish Immigration Service on 1 January 2025

    The employment and economic development services in Finland are being reformed, and the interruption in decision-making on certain work-based permits in January permits the necessary changes in automation and data systems.

    Until January, applications for a residence permit for an employed person and applications for a residence permit for seasonal work that exceeds six months have been processed in two stages: The TE Office has first issued a partial decision before forwarding the application to the Finnish Immigration Service for further processing. 

    As of 1 January 2025, the Finnish Immigration Service will inspect and assess all the requirements for work-based residence permits all at once. The reorganisation of responsibilities aims to enhance the customer experience and to ensure a more seamless process.

    Hong Kong

    Top Talent Pass Scheme and Quality Migrant Admission Scheme updated

    On 1 November 2024, the government announced the following measures to enhance the Top Talent Pass Scheme (TTPS) and the Quality Migrant Admission Scheme (QMAS).

    1. Expanding the list of eligible universities under the TTPS

    There were originally 185 eligible universities under the TTPS. Effective 1 November 2024, 13 top Mainland and overseas universities/institutions are added to the list of eligible universities under the TTPS, making a total of 198 eligible schools. The newly added universities/institutions include:

    (a) nine Mainland universities ranked from 11th to 20th under the Shanghai Jiao Tong University Best Chinese Universities Ranking in the past five years but yet to be included in the original list of eligible universities, namely, Sichuan University; Beihang University; Southeast University; Beijing Institute of Technology; Tongji University; Renmin University of China; Beijing Normal University; Nankai University and Tianjin University; and

    (b) four top-five specialised institutions on the QS World University Rankings in the discipline of “Art and Design” in the past five years, namely, Royal College of Art; University of the Arts London; Parsons School of Design, The New School; and Rhode Island School of Design.

    The expanded list of eligible universities/institutions has been uploaded to the webpage of the Immigration Department (ImmD) and Hong Kong Talent Engage.

    2. Extending the validity period of the first visas of Category A applications under the TTPS to three years

    Category A applicants under the TTPS are those with an annual income reaching HKD 2.5 million or above in the year immediately preceding the date of application. For applicants with approval given from 16 October 2024, the validity period of their first visa has been extended from two years to three years to facilitate their early planning to move to Hong Kong with their families.

    The new measure also applies to around 21 000 Category A applicants whose applications were approved before 16 October 2024. They may, starting from today onwards, apply to the ImmD for an extension of stay within three months before their limit of stay expires, and will be granted extension of stay for one year unconditionally. If they have secured offers of employment, or have established or joined in a business in Hong Kong upon applying for an extension, they may be granted an extension of stay for up to three years after submitting relevant proof.

    3. Enhancing the assessment criteria and arrangements of the General Points Test under the QMAS

    Effective 1 November 2024, the Government has enhanced the General Points Test (GPT) under the QMAS by adopting a more objective and clear scoring criteria, and streamlining the application and selection process.

    The enhanced GPT replaces the original item-by-item scoring system with an assessment questionnaire. Applicants are required to confirm if they meet the 12 assessment criteria in the questionnaire under six major aspects, namely age, academic qualifications, language proficiency, work experience, annual income and business ownership, and submit supporting documents. The applicants can submit applications if they meet at least six assessment criteria.

    The ImmD will pass eligible applications received to a newly established assessment panel for further selection. The assessment panel is chaired by the Secretary for Labour and Welfare with other relevant bureau secretaries as members. Based on the deliberation outcome, the assessment panel will provide advice to the Director of Immigration for his approval decision.

    There will be no annual quotas under the enhanced GPT.

    For applications submitted under the original GPT before implementation of the enhancement measures, the ImmD will continue the processing in accordance with the original criteria and procedures, and conclude the assessment as soon as possible.

    The electronic application platform for the enhanced GPT has commenced operation. 

    Full-time non-local undergraduate students temporarily exempted from restrictions on taking up part-time jobs

    Effective 1 November 2024, full-time non-local undergraduates are temporarily exempted from the restrictions on taking up part-time jobs.

    Since November 2023, the restrictions on taking up part-time jobs for full-time non-local postgraduate students of locally accredited local programmes have been temporarily exempted. With a “No Objection Letter” (NOL) issued by the Immigration Department (ImmD), full-time non-local postgraduate students are allowed to take up part-time employment. No restrictions are imposed on the number of hours or the location of the part-time work. 

    The ImmD will issue NOLs setting out the suspension arrangement to all eligible students through their institutions. They are not required to submit applications separately. Students approved for visas/entry permits on or after November 1 will also be issued with the NOLs.

    Kazakhstan

    Updated regulations introduce new visa categories

    Effective 18 November 2024, Kazakhstan is implementing updated visa regulations, including several new visa types, aimed at creating favourable conditions for business immigrants, skilled professionals, and travellers.

    The new measures include:

    • B9 Visa – for representatives of sought-after professions, which allows further registration of a residence permit;
    • Digital Nomad Visa – a single-entry electronic or multiple-entry paper visa for Information Technology specialists, allowing long-term residence;
    • Neo Nomad Visa – a tourist visa for “neo-nomads” granting extended stays for those with a verified monthly income of at least USD 3000;
    • The required documentation for a C5 business visa has been significantly reduced, and the minimum duration of marriage for family reunification visas has been shortened from three years to one.

    These measures aim to improve the investment climate, foster international collaboration, attract skilled professionals, and enhance Kazakhstan’s appeal as a tourist destination.

    Singapore

    Shortage Occupation List updated

    The Ministry of Manpower (MOM) has released an updated version of its Shortage Occupation List (SOL), applicable to new and renewal Employment Permit (EP) applications from 1 January 2025.

    The SOL lists all jobs eligible for the COMPASS C5. Skills bonus.

    The updated SOL includes several new occupations, including semiconductor engineers, instrumentation engineers and production engineers.

    The current version of the SOL Employer Guide applies to new and renewal applications submitted up to 31 December 2024 (inclusive).

    The jobs under the infocomm technology sector also qualify for the 5-year duration EP.

    To obtain the C5. Skills bonus or a 5-year duration EP:

    • The candidate needs to perform the job duties listed for the specific shortage occupation;
    • The candidate needs to meet the additional requirements as stated in the SOL Employer Guide;
    • The employer needs to select the shortage occupation in the EP (EP) application

    Updated salary benchmarks

    In addition, new benchmarks under the C1. Salary criteria of COMPASS will apply to new EP applications from 1 January 2025 and renewals of EPs expiring from 1 July 2025. The current C1. Salary benchmarks will continue to apply to new EP applications submitted up to 31 December 2024 (inclusive) and to renewals of Eps expiring until 30 June 2025.

    Background

    Since 1 September 2023, new EP candidates must pass a two-stage eligibility framework. In addition to meeting the qualifying salary (Stage 1), EP candidates must pass a points-based Complementarity Assessment (COMPASS) Framework (Stage 2). COMPASS also applies to renewals for passes expiring from 1 September 2024.

    COMPASS evaluates EP applications based on a set of individual and firm-related attributes, with four foundational criteria (individual salary and qualifications, company diversity and support for local employment) and two bonus criteria (for jobs on the shortage occupation list, and for strategic partnership with government).

    Candidates are exempted from COMPASS if they fulfil any of these conditions:

    • Earning at least SGD 22,500 fixed monthly salary;
    • Applying as an overseas intra-corporate transferee under the World Trade Organisation’s General Agreement on Trade in Services or an applicable Free Trade Agreement that Singapore is party to;
    • Filling a role on a short-term basis (i.e., one month or less).

    United States

    Immigration Medical Examination Documentation Will Be Valid Indefinitely for Certain Afghan Nationals

    United States Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual, Volume 8, Part B, Chapter 3, to reflect that immigration medical examination documentation for certain Afghan nationals who arrived in the United States during Operation Allies Welcome (OAW) is valid indefinitely.

    This means that Afghan nationals who arrived in the United States during OAW and meet certain conditions will not have to repeat an immigration medical examination when they apply to adjust their status to lawful permanent resident (also known as getting a Green Card).

    This updated guidance is effective immediately and applies to any Form I-485, Application to Register Permanent Residence or Adjust Status, that is pending or filed on or after 13 November 2024. This updated guidance applies to Afghan nationals who arrived in the United States during OAW and received a full immigration medical examination either in the United States (documented on Form I-693, Report of Immigration Medical Examination and Vaccination Record) or outside the United States (documented on Form DS-7794, Electronic Medical Examination for Visa Applicant, or Form DS-2054, Medical Examination for Immigrant or Refugee Applicant).

    USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization

    US Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.

    USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent re-entries to the United States.

    This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date.

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