Weekly Immigration Update: April 2–8, 2021

Worldwide: Potential Delays for Immigration Applications During Ramadan – Government offices across the Middle East, North Africa and parts of Asia will be working reduced hours during the month of Ramadan. As a result, foreign nationals and employers should expect processing delays which can continue in the weeks following Ramadan. This year, the month of Ramadan is expected to start on April 12 or 13 and end on May 12; however, the exact dates depend on a lunar sighting and are expected to be announced for each country separately. Fragomen will issue an alert at the end of Ramadan concerning government closures for the Eid al Fitr holiday.

Belgium: Certain Article 50 Residence Permits Processed – The Belgian Immigration Office has announced that Article 50 residence permits (locally called M cards) can now be issued for UK nationals with residence rights under the Withdrawal Agreement, resident in Belgium before December 31, 2020; and for their non-EU national family members. Further details on the application process are available on this consolidated news page. Permit applications for eligible UK national cross-border workers (locally called N cards) can be submitted but will remain pending and will not be processed at this time.

Belgium: Flanders Expands Shortage Occupation List – The Flanders region has updated the shortage occupations list (knelpuntberoepen – métiers en pénurie), adding riggers/installers; mechanics of electrical and electronic products; adjuster-operators of CNC machine tools; bakers and pastry chefs. No occupations were removed. Employers hiring foreign nationals for these occupations are exempt from labor market testing for standard Work or Single Permit applications. Labor market testing is also not required for Highly Skilled Permits or EU Blue Cards, the main Belgian work authorization types.

France: Online Work Permit Application Platform Now Available; Use for Other Permits Forthcoming – As an update, the "immi pro" work permit application platform is now available and must be used for work permit applications for foreign nationals starting April 6. Under the online filing process, the Labour Authorities (“DIRECCTE”) are no longer involved in application processing and corporate documents and the CERFA form are not required. Applicants receive a filing confirmation and an online approval notice. Applicants should be able to begin using the online platform for initial and renewal residence permit applications for Talent passports across all prefectures in mid-May. Authorities may also move online the Intra-Company Transferee secondment applications (for initial and renewal filings) and change of status applications.

France: Updated Shortage Occupation List Published – French authorities published a new shortage occupation list, replacing the prior list which was last updated in 2008. Listed occupations are exempt from labor market testing, currently required for certain local hire applications, which expedites the application process by three weeks. The authorities are aiming to update the list annually and to improve regional labor market shortage mapping as announced in November 2019.

Nigeria: Proof of Tax Payment Now Required for Work-Related Permit Renewals – The Nigerian Immigration Services (NIS) issued a directive requiring proof of tax payment when renewing long-term work permits, which is effective immediately. Specifically, the new requirement applies to renewals of Combined Expatriate Residence Permits (CERPAC) and Economic Community of West African States (ECOWAS) Resident Permits. The directive also applies to foreign nationals holding Subject to Regularization (STR) visas or a residence permit who are deemed to be tax residents in Nigeria. Previously, this documentation was not required. Fragomen is awaiting clarification on whether the proof of tax payment must be the companies’ Tax Clearance Certificate or the foreign national’s income tax. The change in policy is a joint initiative between the Nigerian Immigration Service and the Federal Internal Revenue Services to ensure tax compliance in Nigeria. Foreign nationals and employers should expect filing delays caused by the non-receipt of proof of tax payment.

Russia: Highly Qualified Specialist Salary Notifications Due April 30 – Employers have until April 30, 2021 to file first quarter notifications for salaries paid to highly-qualified specialists (HQS) using new notification forms. The notification must state the salary paid to HQS from January 1, 2021 through March 31, 2021. 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.