Weekly Immigration Update: April 1–7, 2022
April 7, 2022
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- European Union/Ukraine: Many EU Member States have implemented the EU Temporary Protection Directive, offering expedited stay, residence, and work status for Ukrainian citizens and eligible Ukrainian residents leaving Ukraine. Some other European countries are implementing their own national versions of the Directive. See our consolidated alert for more information.
- Estonia: The visa suspension for Russian citizens has been limited by a new government policy. See the full update here.
- Russia: A presidential decree implements several entry restrictions due to the situation in Ukraine.
- United Kingdom: As a reminder, starting April 6, it will become mandatory for employers to complete right to work checks using the Home Office’s online checking system for individuals holding a current Biometric Residence Permit, Biometric Residence Card, status under the EU Settlement Scheme, Frontier Worker Permit, or eVisa.
These items and other news from the European Union, Germany, Greece, Israel, Russia, the United Arab Emirates, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United Kingdom, April 5, 2022
Reminder: New Right to Work Process Effective from April 6, 2022
- As a reminder, starting April 6, 2022, it will become mandatory for employers to complete right to work checks using the Home Office’s online right to work checking system for individuals holding a current Biometric Residence Permit, Biometric Residence Card, status under the EU Settlement Scheme, Frontier Worker Permit, or eVisa.
- Employers will need to complete the online right to work check and also validate the individual’s identity on a video call or in person.
- The temporary COVID-19 adjusted right to work checks measures will remain in place until September 30, 2022.
To view entire article, click here.
Russia, April 5, 2022
Entry Restrictions Decree Implemented
- In response to sanctions over Ukraine, the Russian president signed a decree implementing visa restrictions for several categories of citizens of countries that Russia deems “unfriendly.” The following categories are affected: journalists, diplomatic passport holders, members of official delegations, and government officials.
- Specific provisions of Russia’s simplified visa issuance program with EU countries and Norway, Switzerland, Denmark, Liechtenstein, and Iceland have also been suspended.
- The Russian government also granted the Ministry of Foreign Affairs and other bodies authority to implement personal entry restrictions on “foreign citizens and stateless people who commit unfriendly actions against Russia, its citizens or its legal entities.”
To view entire article, click here.
Other weekly news briefs
European Union: European Union Publishes Recommendation Regarding Golden Visa – The European Commission has published recommendations to prevent fraud and abuse of Golden Visa programs. These types of visas are available to third-country nationals investing funds in the country issuing the permit. The recommendations include: a need for stricter vetting of applicants, checks on conditions of residence and security, verification of continuous residency in the issuing EU countries, immediate withdrawal or refusal of permit renewals for Russian or Belarussian nationals targeted by EU sanctions, and suspending all such programs for citizens of Russia and Belarus. EU countries have been advised to scrutinize current Russian and Belarussian beneficiaries of these programs to ensure there are no links to the EU list of sanctions currently in place in response to the Ukraine situation. These are EU recommendations (not legally binding) and would need to be adopted into national legislation and practice to take effect.
Germany: Pre-Approval No Longer Required for Some Russian-based German Work Visa Applicants – The German Federal Employment Agency has issued a blanket ‘Pre-Approval’ until September 30, 2022 for Russian-based employees of international companies in Russia who apply for German work visas to work at the entity of that company in Germany. Generally, a pre-approval (issued by the Federal Employment Agency) is required for each visa and work permit applicant and has a processing time of one to three weeks. Due to this new concession, processing times are expected to decrease, as the Federal Employment Agency’s involvement is no longer required for issuance of the work visa. The German Embassy in Russia will still review whether work visa requirements, such as the salary level, are met.
Greece: Visa Suspensions Lifted for Russian Citizens – The Ministry of Migration lifted the suspension of pending Golden Visa renewals for Russian and Belarussian citizens and their families; initial and renewal residence permits for senior level employees; and Digital Nomad visas. Currently, initial Golden Visa applications for Russian and Belarussian citizens remain suspended.
Israel: Government Offices Closed for Holidays – Israeli immigration offices will close for Passover and Mimuna from April 14 through to April 26, and for Independence Day on May 5. During these holidays, no permits or visa applications will be issued, and most consular posts will suspend their operations and limit processes. Delays can be expected after re-opening due to a backlog of cases.
Israel: Visa and Apostille Services Delayed/Unavailable Due to Strike – Due to an ongoing strike at the Ministry of Foreign Affairs (MFA) and Israeli consular posts, the Ministry of Foreign Affairs in Israel may not perform apostille services in some cases. Consular service delays can also be expected, and some Israeli consular posts may not accept or process visa applications in some cases. Applicants seeking services are advised to contact the MFA or the Israeli consular post before seeking services at either office, to check on processing status and on the availability of services.
Russia: Highly-Qualified Specialists’ Salary Notification Due Soon for Q1 2022 – Employers have until April 29, 2022 to file first quarter notifications for salaries paid to highly-qualified specialists (HQS). The notification must state the salary paid to HQS from January 1, 2022 through March 31, 2022. The reported HQS salary should be no less than RUB 167,000 per calendar month or RUB 501,000 per quarter (if there was a break in work during the reported period). Violations of the established notification procedures, including failure to notify, will result in administrative fines for the employer. Failure to pay the minimum salary set for HQS may result in a ban on the company from employing new HQS employees for two years.
United Arab Emirates: Discontinuation of UAE Residence Visa Stamp – Foreign nationals obtaining a UAE Residence Visa will no longer be issued a UAE Residence Visa stamp endorsed in their passport, which foreign nationals have heretofore received as proof of residence status. Instead, foreign nationals will be issued an Emirates Identity card, which will serve as their residency document. This change is expected to be implemented for all visa applications processed after April 11, 2022. The change is aimed at making the immigration process more efficient. Further details are expected in the coming weeks on how this change will affect residence visa processing in the future.
United States: Latest DOL PERM and PWD Processing Times – As of March 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in September 2021 or earlier, and processing audited cases with priority dates of July 2021 or earlier. DOL is working on standard reconsideration requests that were filed in October 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM prevailing wage requests filed in October 2021 (OES) and August 2021 (non-OES), and for H-1B prevailing wage requests filed in October 2021 (OES) and September 2021 (non-OES). The agency has been processing H-1B and PERM redeterminations requested in February 2022 and PERM Center Director reviews requested in February 2022. These reports are available on the DOL FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
