Weekly Immigration Update: April 15–21, 2022

Bahrain: Digitalization of Residence Permit Sticker – The Nationality, Passports and Residence Affairs office (NPRA) launched a new e-service which issues digital residence permits through the Kingdom of Bahrain’s National Portal. Effective immediately, this replaces the process whereby foreign nationals holding residence permits are issued a printed residence permit sticker in their passport. Instead, a digital format of the residence permit sticker with a QR code is available. This change is a part of Bahrain’s digital transformation of immigration processes and is expected to reduce administrative procedures.

Belarus: Temporary Visa-Waiver in Effect for Certain Nationals and Residents of Latvia and Lithuania – The State Border Committee of Belarus announced that nationals and residents of Latvia and nationals of Lithuania are able to temporarily enter Belarus visa-free through the Belarusian-Latvian and Belarusian-Lithuanian borders for an unlimited number of times in the period from April 15 through May 15, due to the Orthodox and Catholic religious holidays. These individuals will also be able to visit the border zone without a pass and can do so by verbally informing a border representative of their intention to visit the zone and indicating the localities and purpose of their visit.

Dominican Republic: Identity Card Requirement Implemented – A new resolution requires foreign nationals over the age of 18 who hold temporary or permanent residence in the Dominican Republic to obtain a local Identification Card from the Electoral Board (Junta Nacional Electoral – JCE). This includes foreign nationals who hold or will obtain a temporary residence permit in the RT-2 through RT-9 categories (which includes the residence permit for work purposes and resident permit for dependents). Previously, foreign residents were only required to obtain a Residence Card. To obtain the Identification Card, the General Directorate of Migration (DGM) must first issue a proof of residence document (Constancia) for foreign nationals, but it is not yet clear when the agency will start doing so. Fragomen is monitoring the implementation of the identity card process and will contact affected clients. In the meantime, foreign nationals should continue to use their Residence Cards as evidence of their status in the Dominican Republic.

Georgia: Remote Work Visa Program Suspended – The remote work visa program, which launched in 2020, has been suspended. It is not clear if this is a temporary or permanent suspension. The government did not issue a publication for this change.

Iraqi Kurdistan: Suspension of Exemptions to Mandatory Blood Test Requirement – Effective immediately, the Kurdistan Regional Government has suspended all exemptions to the blood test requirement, which is required for foreign nationals to obtain or renew their Residency card. Previously, males above 65 years of age and females above 50 years of age were exempt from the requirement. As a result, foreign nationals regardless of their age and gender must now undergo a blood test at the government laboratory in downtown Erbil as part of their initial or renewal application for a Residency card. Employers should prepare and schedule a blood test for their employees in order to avoid processing delays.

Mexico: Administrative Changes in Querétaro and Monterrey Causing Processing Delays – The Querétaro branch of the National Immigration Institute is experiencing delays in issuing residence approvals while it appoints and transitions to a new head immigration official. Employers and foreign nationals should expect processing delays of several weeks past regular processing times for all immigration applications filed in Querétaro, including new temporary residence visas, permanent residence applications, and renewals, among others. Also, the Monterrey branch of the National Immigration Institute (one of the largest in the country) has moved to a new location. Employers and foreign nationals should also expect additional delays for all immigration applications filed in Monterrey while authorities finalize the transition to the new location.

Mexico: Sixth Week of Online Appointment System Outage; Resolution Date Not Clear – The online appointment system of the National Immigration Institute (INM) is still offline. This is the sixth week of the online system suspension and it is not clear when it will be resolved. As a result, foreign nationals are still unable to schedule application filing appointments online nationwide, including applications for new temporary residence visas, permanent residence applications, renewals, post-arrival registrations and corporate registrations, among others. In the interim, INM branches continue to implement alternative processes such as allowing applicants to walk in during submission hours to submit applications. The process varies by branch. Foreign nationals and employers should continue to work with their immigration professional to determine if they qualify for alternative processes and should expect continued processing delays for all immigration applications over the next few months.  

Poland: New Residence Permit for Humanitarian Visa Holders and In-Country Visa Applications for Some Applicants – The Polish government has announced that holders of humanitarian visas will be granted a government-fee free residence permit for a period of three years, with a streamlined application process. The list of countries eligible for this permit will be determined in a separate regulation (and will most likely include Belarussian citizens). Benefits of the new type of residence permit will include the right to work under a residence permit (without a work permit), and applicants will not need to provide documents regarding their employment in Poland, health insurance, or proof of funds for support in Poland. Additionally, a new regulation is expected to be implemented that will allow limited groups of foreign nationals (to be published in the regulation but likely to include Belarussian and Ukrainian citizens) to obtain a Polish visa without traveling to their home country to appear at a Polish consulate, as is usually required. Under the new process, visa applications will be submitted through visa centers, instead of directly to the Ministry of Foreign Affairs; however, the Ministry of Foreign Affairs will still process the application.

Poland: Expedited Processing Suspended; New Standard Domestic Visa Application Form – The Polish government has announced the temporary suspension of expedited processing and the ability to seek compensation through court proceedings for delays in issuing residence permits, until January 2023. Additionally, the Immigration Office will no longer be obligated to inform applicants about residence permit processing delays, until January 2023 (this change does not apply to cases that are already at the appeal stage). Lastly, the Polish authorities have announced changes to the standard National visa (domestic visa) form. Effective April 28, 2022, Polish consular posts will request that applicants use the new visa application form, though differences in when and how the new form is implemented should be expected across different consular posts during the initial implementation period.

Poland: Changes to Rules for Ukrainian Citizens – The Polish government has amended previously implemented rules for Ukrainian citizens who entered Poland due to the situation in Ukraine, as follows:

• PESEL registration.
  • The deadline for obtaining registration for PESEL identification numbers has been extended to 90 days after arrival, from 60 days after arrival.
  • Ukrainian applicants who cannot visit Polish authorities to obtain their PESEL identification number due to health problems must still register in person but can now register closer to their residence.
  • Guardians of Ukrainian citizens under 12 years old who hold an identity document can now visit Polish authorities without the minor to obtain the minor’s PESEL identification number.
• Simplified criteria for Ukrainian entrepreneurs. Ukrainian applicants who did not enter Poland under the Polish Special Bill and who file a residence permit application as individual entrepreneurs will no longer need to prove sufficient income or that they hired employees, until December 31, 2022.
• Certificate cancellation. Ukrainian citizens who entered Poland indirectly (e.g. through Slovakia) on or after February 24, 2022 (who were not covered by the Polish Special Bill) and who were issued a “certificate” under the EU Temporary Protection Directive are now covered under the Polish Special Bill, effectively cancelling their previously issued “certificate” under the EU Temporary Protection Directive. Affected individuals will receive a notification and will need to return the statement to the issuing authority (the Head of the Immigration Office in Warsaw) within 15 days.
• Labour Office notification concession. Employers of Ukrainian citizens who have the right to work based on general Polish law and not the Polish Special Bill for Ukrainian citizens no longer need to notify the Local Labour Office when the Ukrainian citizen starts work. Relatedly, Ukrainian citizens whose employers did not submit this notification (before the rule changed) will not be penalized.
• Other rule changes.
  • Holders of a Residence Permit for Humanitarian Reasons now have an automatic extension of their right of stay, until August 24, 2023.
  • Ukrainian citizens who move to another EU country as part of family reunification will lose their EU Temporary Protection status.

United Arab Emirates: Update on Discontinuation of Residence Visa Stamp Endorsement – UAE authorities have implemented a process that employs the Emirates Identity Card as the only proof of residency status. Previously, foreign nationals received UAE Residence Visa stamps in their passports as proof of residence status. Now, the Emirates Identity Card will serve as the sole residency document. This new regulation will eventually benefit all categories of residence permit applicants, but currently, only individuals in select jurisdictions can benefit from this streamlined process. The change also means that the original Emirates Identity Card is now a requirement for international travel for foreign nationals. The electronic version of the residence permit will not be sufficient to enter or exit the United Arab Emirates. Extended waiting times for biometrics appointments (currently up to five weeks) for issuance of the Emirates Identity Card continue to delay the process for obtaining the Card and make it difficult for some foreign nationals to travel internationally. To expedite the process, select free zones in Dubai, including the Jebel Ali Free Zone and Dubai International Financial Centre, are exploring the option of opening their own centers to issue Emirates Identity Cards. Further details related to this development are expected to be announced in the coming weeks.

United States/China: Certain Travelers Departing from Shanghai Exempt from Pre-Departure COVID Testing Through May 11 – Through 11:59 PM EDT on May 11, 2022, U.S. citizens and nationals, U.S. lawful permanent residents (LPRs), valid U.S. immigrant visa holders, and nonimmigrants traveling with U.S. citizens and LPRs who are departing from Shanghai, China, are exempt from providing proof of negative COVID-19 test prior to boarding a flight to the United States, according to the Centers for Disease Control and Prevention. Note that COVID vaccination and vaccine exception rules under current international air travel policy remain in effect, where applicable, for this group of travelers.

United States: SEVP Continues March 2020 Guidance for F/M Students for 2022-23 Academic Year – The Student and Exchange Visitor Program (SEVP) has issued a broadcast message noting that it will extend the guidance originally issued in March 2020 for F and M students for the 2022-23 academic year. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad. This guidance enables schools and existing students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. There are no changes to the original guidance, which will remain in effect during the 2022-23 academic year. Please read the full announcement for more information and to access resources for stakeholders. Visit www.ICE.gov/COVID19 for the latest COVID-19-related information and guidance.