Immigration updates – 16th of January

Contributor(s): Daniel King
Table of Contents
    Add a header to begin generating the table of contents
    Scroll to Top

    Canada

    Changes to open work permits for family members of temporary residents

    Immigration, Refugees and Citizenship Canada (IRCC) has provided details of upcoming changes to open work permit (OWP) eligibility for family members of international students and foreign workers, as part of the broader measures announced in September 2024.

    Effective 21 January 2025, only spouses of certain international students and foreign workers will be able to apply for a family OWP.

    Family OWPs will be limited to spouses of international students who are enrolled in

    Family OWPs will also be limited to spouses of foreign workers who are employed in

    • TEER 0 or 1 occupations, or
    • select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities
      • These include occupations in the natural and applied sciences, construction, health care, natural resources, education, sports and military sectors. The full list will be available on 21 January 2025.

    In addition, the foreign worker must also have at least 16 months remaining on their work permit at the time when their spouse applies for the OWP. Dependent children of foreign workers will no longer be eligible.

    OWPs that were approved under the previous measures and have not expired will remain valid. In situations where students may need more time to complete their program or where family members received a shorter work permit than the principal applicant, in-Canada family members (including spouses and dependent children) can apply to renew their work permit as long as

    • they are applying under the same criteria as the current work permit, and
    • the requested duration of the renewal matches that of the existing study or work permit of the principal applicant

    Spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be impacted by these changes. Family members who will no longer qualify for a family OWP can apply for any type of work permit they are eligible for under Canada’s work permit programs.

    Hong Kong

    Visit visa rules relaxed

    Effective 15 January 2025, the visa-free period for nationals of Saudi Arabia to visit the Hong Kong SAR is extended to 90 days.

    Also from 15 January 2025, Hong Kong Special Administrative Region passport holders can apply for a tourist visa upon arrival through six designated control points in Saudi Arabia.

    The tourist visa can be either a single-entry visa for a maximum stay of 30 days, or a multiple-entry visa for a maximum stay of 90 days.

    Hong Kong SAR passport holders may also apply for an eVisa to visit Saudi Arabia prior to their visit

    Expanded online visa applications

    Effective 17 January 2025, the Immigration Department (ImmD) has adjusted the application submission procedure of the following admission policies/schemes:

    • General Employment Policy (including both employment and investment as entrepreneurs);
    • Admission Scheme for Mainland Talents and Professionals;
    • Capital Investment Entrant Scheme;
    • Training;
    • Working Holiday Scheme; and
    • Residence as Dependants.


    Applicants for the aforementioned admission schemes must submit their applications for visas, entry permits and extensions of stay online from that date. The ImmD will no longer accept such applications submitted in person, or by post or drop-in-box. The eligibility and approval criteria for the relevant policies/schemes remain unchanged. After submitting the applications, applicants can also upload supplementary documents and/or inquire as to the status of applications online if necessary.
     
    Electronic services for a visa application allow applicants to complete the entire process of an application submission, payment and collection of an “e-Visa” through the ImmD mobile application, the ImmD’s website (www.immd.gov.hk/eng/index.html) or the GovHK website (www.gov.hk/en/nonresidents/), without having to visit an Immigration Office in person.

    Ireland

    Transfer of responsibility for Irish immigration residence permission for all remaining counties to Immigration Service Delivery (ISD) of the Department of Justice

    On 13 January 2025, the final remaining responsibility for all nationwide first-time registration of Irish immigration residence permissions will transfer from the Garda National Immigration Bureau to Immigration Service Delivery (ISD) of the Department of Justice.

    From that date, the first-time in person registration of residence permissions for applicants residing in all counties will be done at the Registration Office, 13-14 Burgh Quay, Dublin 2.

    To book an appointment to register a first-time immigration residence permission, permission holders must create an account, or log into their existing account, on the Digital Contact Centre. Each registration appointment is linked to the unique applicant profile that booked it through the online account. Applicants are encouraged to book their appointment as soon as possible.

    For the appointment at the Registration Office in Burgh Quay, individuals must bring:

    • their passport (or other equivalent document, issued by or on behalf of an authority recognised by the Government [of Ireland]);
    • a printed and completed copy of the address form attached to their appointment confirmation email (this is the address their Irish residence permission (IRP card) will be sent to);
    • printed copies of the required supporting documentation relevant to their permission (electronic copies of documents are not accepted); and
    • the registration fee of €300 (per adult person) if applicable, which can be paid by credit or debit card only.

    Those who do not have all required documents or fee with them at the appointment, will be unable to complete their registration and will not be issued with an Irish Residence Permit card.

    Remaining first time registration appointments at a Garda station

    Applicants for first-time registration who are resident outside of counties Cork, Dublin, Kildare, Limerick, Meath and Wicklow, who have a confirmed appointment up to 31 January 2025, should attend the relevant Garda registration office as scheduled. An Garda Síochána will continue to process confirmed appointments for first-time registrations until the end of January 2025. Applicants with such appointments may wish to check with the relevant Garda Station in order to confirm arrangements.

    Alternatively, applicants with such confirmed appointments may wish to notify the Garda Station to remove their application, and then book an appointment with the Registration Office in Dublin by creating an account on the Digital Contact Centre.

    Applicants who do not hold a confirmed appointment at a Garda registration office prior to 31 January 2025, should create an account on the Digital Contact Centre and book an appointment with the Registration Office at Burgh Quay in Dublin.

    First time registration appointments are available for individual applicants or family groups only. Appointments are available at Burgh Quay within the 90 day legally required timeframe.

    Renewal of Irish Immigration Residence Permission

    All nationwide online renewals of permissions are processed using the Immigration Service Delivery (ISD) online renewal portal. Applicants will not need to attend the Burgh Quay Registration Office in person to renew permission. All applications for renewal are accepted up to 12 weeks prior to expiry to allow sufficient time for processing.

    Background

    Nationals of countries outside the EU, EEA, UK or Switzerland who come to Ireland to work, study, live or join family for more than 90 days must register an immigration permission under the terms of the Immigration Act 2004.

    Norway

    Changed income requirement in family immigration cases

    Effective 1 February 2025, the income requirement for the reference person in family immigration cases increases from 2.7 basic amounts (G) to 3.2 G. 

    The change will apply to those who register an application for family immigration and pay the fee as of 1 February 2025.

    The amounts are adjusted annually with a changed basic amount (G). The income requirement for future income is adjusted in May, and the income requirement for last year is adjusted in January.

    For those who register their application for family immigration and pay the fee on or after 1 February 2025, the income requirement is:

    • Future income: 396,890 NOK
    • Income last year: 2.7 average G if the application is processed before 1 February 2026, and 3.2 average G if the application is processed on or after 1 February 2026.

    Those who registered their family immigration application and paid the fee before 1 February 2025, the income requirement is unchanged:

    • Future income: 334,876 NOK
    • Income last year: 330,008 NOK.

    The income requirement for those who have an income requirement upon renewal is still 334,876 NOK for future income and 330,008 NOK for income last year, if they applied for the first family immigration application before 1 February 2025.

    If the reference person receives a retirement pension or disability benefits, there are no changes.

    Switzerland

    Permanent visa requirement for Vanuatu nationals

    Effective 4 February 2025, citizens of Vanuatu will no longer be able to enter the Schengen area (which includes Switzerland) without a visa. According to the EU, citizenship programmes in Vanuatu pose a security risk to Schengen Member States. The Federal Council adopted this amendment to the Schengen acquis at its meeting on 15 January.

    An agreement between the EU and the Republic of Vanuatu has been in force since May 2015, exempting Vanuatu nationals from the short-stay visa requirement to enter the Schengen area. Since then, there has been a sharp increase in the number of passports issued by Vanuatu to foreigners who invest in the country. The EU believes that these citizenship programmes allow people to circumvent the visa procedure, and that they pose a risk to the internal security and public order of the Schengen States, as the Vanuatu authorities do not carry out the necessary checks on people seeking citizenship.

    For the reason stated above, the EU has already suspended the visa exemption for holders of Vanuatu passports issued after 2015. It will now extend this to include all Vanuatu citizens. Although Vanuatu has since adopted a number of legislative amendments, it has not remedied the shortcomings identified. The EU has therefore decided to reintroduce a permanent visa requirement for nationals of Vanuatu from February 2025. As part of its association with Schengen, Switzerland will adopt this regulation and amend its Ordinance on Entry and the Granting of Visas (EGVO) accordingly

    United Kingdom

    1st ballot of the 2025 Youth Mobility Scheme for Hong Kong and Taiwan youth

    On 15 January 2025, the government announced that the first ballot for the 2025 Youth Mobility Scheme will open from 12:01am on Tuesday 4 February 2025 and close at 12:01am on Thursday 6 February 2025.

    As in previous years there are a total of 1000 places available to Taiwanese youth for 2025, and 1000 places for Hong Kong youth.

    Most places will be allocated during the first ballot in February, while the remaining places will be made available in a second ballot in the summer. Those who are successful in the ballot and go on to make an application and be issued a visa will be able to live, work and study in the UK for up to two years.

    Once the ballot closes, allocations will be chosen at random by UKVI. Those who are successful will receive a second email by Tuesday 11 February 2025 to confirm acceptance and provide further instructions on how to start the online application, along with documentary evidence required to apply for entry clearance.

    Applicants must submit a completed application and attend a visa application centre biometrics appointment by 12 May 2025 for the application to be considered.

    Those who are unsuccessful in the ballot will receive an email within two weeks of the ballot closing. The results of the ballot are final. Unsuccessful applicants cannot appeal but can enter future ballots if they continue to meet the eligibility requirements.

    Background

    Applications for the Youth Mobility scheme visa can be submitted by nationals of Australia, Canada, New Zealand and South Korea aged 18 to 35; and nationals of Andorra, Hong Kong SAR, Iceland, Japan, Monaco, San Marino, Taiwan and Uruguay aged 18 to 30.

    Applicants from Hong Kong or Taiwan must be selected in the Youth Mobility Scheme ballot before they can apply for their visa.

    United States

    Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2025

    US Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025 with start dates on or before 31 March 2025, under the H-2B supplemental cap temporary final rule (FY 2025 TFR). 7 January 2025 was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 first half returning worker allocation.

    USCIS is still accepting petitions for H-2B nonimmigrant workers with start dates on or before 31 March 2025, for the additional 20,000 visas allotted for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras (country-specific allocation), as well as those who are exempt from the congressionally mandated cap.

    The FY 2025 TFR was published on 2 December 2024, with an immediate effective date. USCIS immediately began accepting H-2B petitions with start dates on or before 31 March 2025, for the 20,716 returning worker allocation for the first half of FY 2025, and the 20,000 allocation for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras who are exempt from the returning worker requirement.

    Petitioners with start dates on or before 31 March 2025, whose workers were not accepted for the 20,716 returning worker allocation are encouraged to file under the country-specific allocation while visas remain available. As of 7 January 2025, USCIS has received petitions requesting 3,678 workers under the 20,000 visas set aside for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

    H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Effective 17 January 2025

    The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on 17 January 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs.

    USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on 17 January 2025 reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on 17 January with no grace period, because the revised edition is necessary to apply the final rules.

    The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labour laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on 18 December 2024.

    Effective 17 January 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. Those who file Form I-129 on paper by mail, please note that:

    • USCIS will accept the 04/01/24 edition of Form I-129 if it was received before 17 January 2025;
    • USCIS will reject the 04/01/24 edition of Form I-129 if it is received on or after 17 January 2025; and
    • USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after 17 January 2025.

    USCIS Updates Filing Procedures for Form I-140

    US Citizenship and Immigration Services (USCIS) today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labour certification, application for Schedule A designation, or national interest waiver (NIW) request.

    On 1 June 2023, the US Department of Labor (DOL) implemented a new system for permanent labour certifications, called the Foreign Labour Application Gateway (FLAG), and revised the Application for Permanent Employment Certification (Form ETA-9089) for use within the FLAG system. The revised Form ETA-9089 collects more detailed information about the job opportunity, including specific worksite locations, telecommuting options, and the foreign worker’s qualifications. Employers who file Form ETA-9089 through the FLAG system and who receive a labour certification approval generally receive a two-page Final Determination from DOL electronically.

    The instructions to Form ETA-9089 state that only a signed Final Determination must be submitted with the Form I-140 petition as evidence of a permanent labour certification approval. This limited requirement is because, as a part of this process change, USCIS receives most of the information about the permanent labour certification directly from DOL under a data sharing agreement (PDF).

    USCIS is announcing through this FRN that employers whose labour certifications were processed in the FLAG system must include a printed copy of the electronic Final Determination with their Form I-140, and that USCIS will consider this printed copy as an original, approved labour certification. The Final Determination must be completed and electronically signed by DOL, and must be signed by the foreign worker, employer, and the employer’s attorney or agent, if applicable. In addition, the FRN states that Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089. Finally, the FRN states that a Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A, and a signed Final Determination.

    Since 1 June 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labour certification Final Determinations, Schedule A applications, and NIW requests using the edition of the Form ETA-9089 and applicable appendices, developed for the FLAG system, so this FRN does not change any operations or processes. Instead, this FRN is meant to make the public aware of the new documentary requirements for permanent labour certification approvals, Schedule A applications, and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.

    USCIS Updates Guidance on EB-2 National Interest Waiver Petitions

    US Citizenship and Immigration Services (USCIS) is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).

    In general, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labour certification from the Department of Labor. USCIS, however, can waive the requirement of a job offer, and thus, the labour certification if it is in the interest of the United States. In addition, individuals seeking an NIW may file a petition on their own behalf.

    A petitioner seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business.

    The new guidance explains how, for advanced degree professionals seeking an NIW, USICS considers whether the occupation in which the petitioner proposes to advance an endeavour is a profession and, if applicable, whether the five years of post-bachelor’s experience is in the specialty. The guidance also addresses how, for persons of exceptional ability seeking an NIW, that exceptional ability must relate to the endeavour proposed as part of the NIW request. USCIS determines the relationship of exceptional ability to the proposed endeavour on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.

    In addition, this new guidance provides information about how USCIS evaluates whether a proposed endeavour has national importance and explains how USCIS evaluates evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavour.

    This new guidance builds on a previous Policy Manual update that discussed the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

    This guidance, contained in Volume 6, Part F, Chapter 5 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. For more information and filing tips, see Employment-Based Immigration: Second Preference EB-2.

    Table of Contents
      Add a header to begin generating the table of contents
      Scroll to Top
      Would you like to

      Subscribe to our newsletter

      and get notified about new articles?

      Related Posts

      Two people in the office making a planning
      Immigration updates – 13th of February
      two office people working with post-it
      Immigration updates – 6th of February
      Immigration updates
      Immigration updates – 30th of January
      Scroll to Top