Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in "real-time" before traveling internationally.
Please reach out to our Global Mobility Team in advance of any international travel.
Canada – Update on Port of Entry Work Permit Applications – Who is allowed to apply?
As of June 21, 2024, Immigration, Refugees, and Citizenship Canada (IRCC), as well as Canada Border Services Agency (CBSA) officers, have confirmed that applicants seeking post-graduation work permits are no longer able to make an application at a port of entry as a result of new ministerial instructions.
According to these instructions, all applications for a work permit submitted for foreign nationals who are outside Canada at the time of application must be submitted online. Some workers can apply at the time of their entry to Canada. When seeking to enter Canada, some foreign nationals may make an application for their work permit at the port of entry per subsection R198(1) if they fall under one of the following categories:
- They are exempt from the requirement for a temporary resident visa (TRV) under section R190
- They are a national or permanent resident of the United States (U.S.), Greenland, or Saint-Pierre and Miquelon
- They are seeking entry into Canada and meet the requirements of sections R198 and R200
The following foreign nationals cannot apply at the port of entry to Canada per subsection R198(2) if they fall under the following categories:
- All persons applying for a post-graduation work permit (PGWP)
- All persons who require a TRV
- All persons who require a Medical Exam to work in Canada, regardless of whether TRV-required or visa-exempt, unless they have valid Medical Exam results available at the time of entry
- International youth exchange program participants other than U.S. citizens or permanent residents (International Experience Canada)
- Seasonal agricultural workers
- All foreign nationals from electronic travel authorization (eTA) expansion countries, as they are not TRV-exempt as per section R190
China – Update of Work Permit Online System
As of June 3, 2024, the Work Permit online system has been updated. As a result, the Foreign Work Permit system will be integrated into the National Human Resource Platform. During this transition, the Foreign Work Permit system was temporarily suspended.
The official website has changed to: https://www.12333.gov.cn/portal/index [12333.gov.cn]
An HR representative, or the contact person who had previously registered on the old portal, is required to reset the password using the "forgot password" -) "reset login password" function before logging in. If the HR representative forgets the password, please use the "forgot username" function to retrieve it and then reset the password accordingly.
Please see below instructions:
Step 1: Log into the new website: https://www.12333.gov.cn/portal/index [12333.gov.cn] and click "log in."
Step 2: Choose "legal person account" to log in.
Step 3: Insert account name and click "forgot password."
Step 4: Insert account name, company's full name, and Unified Social Credit Code (USCC).
Step 5: Insert the contact person's mobile phone number and verification code; then input the new password and confirm.
Step 6: If you forget the contact person's mobile phone number, choose "forgot mobile phone number" and then insert the required information and upload scanned copies.
Germany – Job Opportunity Card
Germany has introduced the Skilled Immigration Act (FEG), to be implemented in three phases. The third and last phase was implemented on June 1, 2024. This includes the introduction of the so-called Chancenkarte (Opportunity Card) which replaces the job seeker visa.
Applicants can check their eligibility here.
The previous job seeker visa was issued primarily to highly skilled workers (Fachkräfte) who hold a recognized degree. With the introduction of the Opportunity Card, non-skilled workers are able to apply as well.
German Consulates publish checklists for the supporting documentation on their websites. The German Consulate in Mumbai, for example, publishes their checklist here.
India – Fast Track System for Indian Citizens and OCI Card Holders
India implemented a Fast Track Immigration-Trusted Travelers' Program (FTI-TTP) to speed up the Immigration clearance process for eligible persons from the following categories:
- Indian Nationals
- OCI Card Holders
Eligible applicants will need to provide Biometrics (fingerprint and face image) and complete an application form. The FTI-TTP allows Indian nationals and OCI card holders who are registered with the program to utilize e-gates and bypass regular immigration lines free of charge. The program will be implemented in phases, and is currently available at the airports in Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kochi, Kolkata and Mumbai. Please see further details here.
Ireland
Irish authorities will change the process for post-arrival registrations for employees residing in Cork and Limerick to improve processing times.
Beginning on July 8, 2024, first-time registrations for individuals residing in Cork and Limerick will be registered at the Burgh Quay Registration Office in Dublin, and any renewal applications will be submitted using the Immigration Service Delivery (ISD) online renewal portal.
First-time Registrations
From July 8, 2024, first-time registrations for applicants residing in Cork and Limerick will be required to register their immigration permission at the Registration Office located at 13-14 Burgh Quay, Dublin 2 rather than in their home county. Appointments for first-time registration can be booked using the Freephone number (1800 800 630), and operators are available between 9 a.m. and 5 p.m. Monday through Friday to arrange appointments. Applicants will be required to provide the operators with their passport details and a valid email address in order to arrange an appointment.
Renewals
Applicants residing in Cork and Limerick will be able to renew their immigration permissions online from July 8, 2024 and will not need to attend the Burgh Quay Registration Office or their local Garda station in person. Renewal applications can be made at: https://inisonline.jahs.ie.
Schengen Visa Applications – Fee Increase
As of June 11, 2024, consular fees for Schengen visa applications have increased. As of this writing, visa fees for an adult are €90 (previously €80), and children's visas (aged 6 to 12) are €45 (previously €40). This fee increase also applies to pending applications.
Sri Lanka – eVisa Scheme and Extension of Visa Fee Waiver Program
Sri Lanka has transitioned from the ETA system to a new eVisa scheme. All visitors must complete an eVisa application prior to their arrival in the country.
The visa fee waiver program implemented by the Government of Sri Lanka for citizens of China, India, Indonesia, Russia, Thailand, Malaysia, and Japan has now been extended indefinitely. This new visa fee waiver program was introduced for the purpose of attracting more tourists and driving the growth of the tourism industry in Sri Lanka. As a result, citizens of these countries can continue to apply for thirty (30) day single-entry Tourist Visas to Sri Lanka free of charge. Please fee further details here.
United Kingdom – UK General Election and Impact on the UK Immigration Policy
On July 4, 2024, the UK public will vote in the General Elections. The topic of Immigration has been at the front and center of most parties' manifestos and policy announcements. For employers in the UK, the proposals relating to hiring and sponsoring overseas nationals will be crucial in their planning for future talent recruitment. Below is a synopsis of Immigration-related proposal from each major political party, along with a brief analysis of the likely impact on the future of UK immigration:
- Conservative party
The existing Conservative government has sought to reduce the net migration figures and we saw changes implemented to get the numbers down (such as an increase in salary thresholds, a reduction of sponsored roles, and an increase in UK government filing fees). In their manifesto, the Conservatives promise to continue with the policy of limiting further immigration. They intend to re-introduce an "immigration lock," or, as it was previously known, a monthly and annual cap, on new UK immigration applications under work and family routes. The cap was suspended after Brexit as a temporary measure, and we can see its return in the event the existing party remains in power.
- Labour party
The Labour party's manifesto is focusing on training and upskilling British workers in order to reduce the country's reliance on overseas workers. Skills improvement plans will be introduced for certain sectors, such as construction and health care. UK companies may potentially need to introduce training before being able to sponsor overseas workers, as the manifesto refers to a "linking immigration and skills policy." There is also a reference to "appropriate restrictions on visas," but no detail is provided regarding how these restrictions will be implemented. The Labour party also promises to empower the Migration Advisory Committee and help the UK immigration policy to address industry issues.
- Liberal Democrats party
The LibDems propose an overhaul of the existing immigration system. They want to replace the salary thresholds with a flexible merit-based system, but it is unclear how this will be measured. They also want to introduce an EU-wide Youth mobility scheme for younger people under 35 years old, allowing them to work in the UK for 2 years without sponsorship. The scheme will be reciprocal and allow the UK nationals to do the same in the EU.
- Scottish National Party (SNP)
Although their policies affect only Scotland, the SNPs want to make immigration a devolved issue for Scotland which would allow them to tailor the immigration strategy for Scotland separately from the rest of the UK. SNP representatives indicate that this approach would fit their specific demographic and economic needs better than the UK-wide system. They also indicated that they want to review existing immigration rules and expand the shortage occupation list to allow more workers to be sponsored. If the SNPs come to power in Scotland and implement these proposals, it has the potential to shift the dynamic of immigration within the UK territories.
- Reform party
The Reform party's focus on immigration means that out of five key pledges, two relate to the UK immigration topic. They intend to introduce a "freeze" on non-essential immigration, with exceptions for work in health care being essential. Other pledges relate to illegal migration and include changes to the asylum system and the deportation of foreign prisoners.
It has already become increasingly expensive and complicated for employers facing labor shortages to hire overseas workers. The outcome of the General Election, and its aftermath, will determine what eventual shape these UK immigration policies will take. Seyfarth Shaw's global immigration & mobility team will follow the events closely, and if you have any questions or concerns about the changes please reach out to your contacts at the firm.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.