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In immigration news this week:
In Brexit news this week, on October 29, UK Parliament decided that a general election will be held on December 12, 2019. This follows this week's agreement between UK and EU government representatives to further postpone the United Kingdom’s exit from the European Union until January 31, 2020.
These items and other news from Antigua and Barbuda, Austria, Belgium, Canada, Chile, Colombia, Czech Republic, Egypt, Israel, Kuwait, Malawi, Namibia, Norway, Russia, Singapore, Thailand, and the United Kingdom follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, October 31, 2019
State Department Clarifies Standard of Review for Blanket L Visa Applications
To view entire article, click here.
Australia, October 31, 2019
Regional Visa Policy Expansion Ahead
On November 16, 2019, the Australian government will be implementing several expansions to the regional migration program including:
To view entire article, click here.
Germany, October 31, 2019
Allowance Prorating Policy Expanded
To view entire article, click here.
Thailand, October 31, 2019
Additional Documents Required to Renew and Extend Long-Term Visas
To view entire article, click here.
United States, October 31, 2019
USCIS Clarifies That Premium Processing Fee Will Increase on December 2
To view entire article, click here.
United States, October 30, 2019
Reminder: FY 2021 Diversity Visa Lottery Registration Ends November 5
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China, October 30, 2019
Transit Visa Exemption Policy to be Further Expanded
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Singapore, October 29, 2019
Stricter Educational Verification Requirements for Some Applicants
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United States, October 28, 2019
U.S.- El Salvador Agreement Results in 12-Month Extension of TPS Work Authorization
To view entire article, click here.
Colombia, October 28, 2019
Degree Validation Process Streamlined
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Indonesia, October 28, 2019
More Permissible Job Titles for Foreign Workers
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Czech Republic, October 28, 2019
Consular Quotas Take Effect Alongside Changes to Streamline Immigration Processes
To view entire article, click here.
Saudi Arabia, October 28, 2019
Suspension on Work Visit Visas Restricts Foreign Nationals Seeking Short-term Work Authorization
To view entire article, click here.
Brexit News and Related News Briefs This Week
European Union/United Kingdom, October 28, 2019
Brexit Date Moved to January 31, 2020; United Kingdom Will Not Hold General Election
To view entire article, click here.
Norway: Open-Ended Transition if No-Deal Brexit – Norwegian authorities have introduced an open-ended transition period for UK nationals and their family members in case of a no-deal Brexit. Under the new rules, UK national workers, self-employed persons and their family members maintain their current residence and work rights until the authorities introduce alternative measures.
United Kingdom: General Election to be Held December 12 – On October 29, UK Parliament decided that a general election will be held on December 12, 2019. This follows this week's agreement between UK and EU government representatives to further postpone the United Kingdom’s exit from the European Union until January 31, 2020, and the rejection of Prime Minister Boris Johnson's most recent push for an early election, which he has been advocating for weeks. On the day of the election, the public will choose 650 constituents as members of Parliament.
Many other EU countries have published contingency plans for UK nationals in case of a no-deal Brexit, with more expected soon. Fragomen will provide updates on the situation as they become available.
Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project. For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.
Other Weekly News Briefs
Austria: Maximum Penalties Set for Employers Failing to Maintain Records – The Austrian Supreme Administrative Court has ruled that the recent European Court of Justice ruling regarding fines for employers who fail to maintain wage-related records must be interpreted to mean that the Austrian authorities may not impose minimum sentences or substitute custodial sentences related to these offences. As a result, employers in Austria who fail to maintain wage documents can be fined up to EUR 20,000, regardless of how many employees are affected; and up to EUR 50,000 for repeat offenses. It is expected that the Austrian legislator will soon change the law to allow for higher penalties. Fragomen will report updates to this law as they occur.
Belgium: Certain Residence Permit Holders May Qualify for Reimbursement of Government Fees – Following a Belgian court ruling which found certain government fees for initial residence registration in Belgium to be disproportionate, certain applicants who paid these fees may be eligible for reimbursements. Specifically, individuals who applied for residence authorization between March 2, 2015 and June 26, 2016 are eligible for a full reimbursement and individuals who applied between March 1, 2017 and January 2, 2019 are eligible for a partial reimbursement. All other applicants who applied in other timeframes are not eligible for reimbursements. Affected individuals are advised to consult with an immigration professional on their eligibility for reimbursement.
Canada: Value Test Forthcoming for Immigrants in Quebec – Starting January 1, 2020, immigrants and their accompanying family members seeking to settle in Quebec will be required to pass a provincial values test. Immigrants will need to take the test before or after they apply for a Quebec Selection Certificate to prove they have learned "democratic values and Quebec values". The Quebec Selection Certificate is the first step toward permanent residency for immigrants seeking to live in the province. Those who score less than 75% can re-take the test after two weeks. Those who fail it again can either take a course in Quebec or take the test a third time while forfeiting the opportunity to take the course. The test will not apply to immigrants seeking entry to Quebec as refugees or through family reunification.
Chile: Immigration Department Open but Delays Expected – Although Chile's Immigration Department in Santiago is currently open and functioning as usual, ongoing civil unrest continues to cause road closures and irregular operating hours for some governmental agencies, notary offices, banks, etc. Foreign nationals and employers can expect processing delays for immigration related applications until the situation normalizes. Fragomen continues to work with affected clients with case-by-case advice.
Egypt: Extended State of Emergency May Delay Residence Permit Processing – A state of emergency, which has been in place in Egypt since June 2018, was recently extended for an additional three months, through January 26, 2020. As a result, foreign nationals seeking employment and residency in Egypt should expect extensive security screening that may delay their immigration process. The security clearance is the first stage of the application process for work and residence permits.
Israel: Strike at Israeli Consulates Worldwide – Worldwide Israeli consular services are suspended as employees of all Israeli consular posts are on an indefinite strike. Applicants with consular applications should expect processing delays during and after the strike and should contact their immigration professional for case-by-case advice.
Kuwait: Visitor Visa Holders Can Now Change Status In Country – Effective immediately, foreign nationals holding Kuwaiti visitor visas are now able to change their immigration status in country and obtain residence permits without having to first exit Kuwait. Previously, foreign nationals who held visitor visas, including visas for tourism and those issued for dependents of Kuwaiti residents, were required to exit Kuwait and obtain a consular visa before returning to Kuwait to obtain residence status. The new rule will significantly reduce the time and cost to obtain residence status for foreign nationals on visitor visas in Kuwait. At this time, it is not yet clear if foreign nationals seeking employment in Kuwait are also allowed to change status in country. Fragomen will report on these details when they become available.
Malawi: E-Visa Program Launching – Effective November 1, 2019, foreign nationals traveling to Malawi for business and tourist purposes can obtain a visa through a new e-visa portal. The portal will allow applicants to submit the application, upload the required documents and pay government fees. Thereafter, applicants will be able to access their account and print their visa within three business days. The e-visa program is meant to make the issuance of business visas for Malawi more efficient as the process previously took seven to 10 business days to complete. Malawi is the 22nd African country out of 49 to implement an online portal for business visa applications.
Namibia: Visa-on-Arrival Now Available at Walvis Bay – Namibia has expanded its visa-on-arrival pilot project to include the seaport entry in Walvis Bay. Namibia previously expanded its visa-on-arrival program to include several new countries through a pilot project at Hosea Kutako International Airport. The Katimo Mulilo border post will be added to the pilot program at the end of November 2019, and more entry points are expected to be added in the first quarter of 2020. The visa-on-arrival is available for stays of up to 90 days for tourism or business activities.
Namibia: Committee Established to Streamline Visa Process – Due to growing demands for short-term employment visas in the Erongo Region of Namibia, the Ministry of Home Affairs has established an Immigration Selection Board Committee to adjudicate applications in this area. The Erongo Region is made up of Arandis, Daures, Karibib, Omaruru, Swakopmund, Walvisa Bay Rural and Walvis Bay Urban. The committee is expected to process work visas faster than the current seven to 28 calendar days, though it has not published the expected processing times. Fragomen will provide an update when more information is available.
Russia/Antigua and Barbuda: Reciprocal Visa Waiver Implemented – Effective immediately, nationals of Antigua and Barbuda are eligible for visa-free entry for tourist and business stays up to 90 days within a 180-day period to Russia and vice versa (though it is not clear if Russian nationals can perform business activities in Antigua and Barbuda). Travelers should check with their immigration professional for case-by-case advice.
Russia: New Address Registration Forms and Grounds for Refusal Confirmed – Foreign nationals completing address registration in Russia must now use new forms, according to a new regulation that eliminates the previously-used forms. The forms have new fields, including a confirmation that the foreign national has the right to use the premises. A related regulation also lists the grounds under which registration document can be refused by authorities, including failure to meet the requirements of the form, an expired identification document, and unreadable or corrected text on the form.
Russia: New Law Under Review Regarding Property Ownership and Registration – A new bill under review by the Duma would grant rights to foreign nationals who own property in Russia to register themselves and their family members under the address of the property. Currently, only highly qualified specialists and permanent residence permit holders have this right. The law would also allow the inviting party to send address registration notifications through a government internet portal (Gosuslugi.ru) instead of by mail; and would require inviting parties registering temporary residence permit and permanent residence permit holders to register the foreign national's address within seven business days from the date of arrival. Most importantly, the new bill would allow the inviting party for foreign nationals who live abroad who sign a lease with a Russian citizen to obtain a power of attorney to complete the responsibilities they would need to perform for the foreign national. Currently, landlords and inviting parties cannot complete registration with a power of attorney; a personal appearance is required or rights to complete registration must be granted to the foreign national. Fragomen will issue an update when these bills pass.
Russia: Bill to Introduce New Work Visa Category for Innovative Development Zone Workers – A bill is under review with the Duma that would introduce a new category of foreign workers – workers of special innovative socio-economic development zones in the Far Eastern Federal District and free port Vladivostok who are hired in relation to an investment agreement. The bill would allow foreign nationals seeking to enter Russia to conduct negotiations related to investment agreements with residents of the special innovative socio-economic development zones in the Far Eastern Federal District and free port Vladivostok to be eligible for expedited processing of work or business visas, with favorable terms such as longer validity periods and multiple-entry options, depending on the terms of the investment agreement. Fragomen will issue an update when the bill passes.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.