Weekly Immigration Update: April 2–8, 2021
April 8, 2021
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- United States: The State Department has expanded eligibility for national interest exceptions (NIE) to the regional COVID-19 travel bans in place for Brazil, China, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom. Those traveling on immigrant and fiancé(e) visas, as well as certain exchange visitors and pilots and aircrew are now categorically approved for NIEs.
- Bahrain: The Labor Market Regulatory Authority will implement a Wage Protection System for the private sector in three phases, depending on the size of the employer, with phase one beginning May 1.
- Belgium: A Single Electronic Platform, “Working in Belgium”, expected to be launched in May, will allow employers and foreign nationals to electronically file and monitor the status of certain immigration applications.
- Bulgaria: Effective June 1, Bulgaria will streamline the application process of most employment-based work and residence permits but with stricter application deadlines, and will also introduce foreign national accommodation checks.
These items and other news from Belgium, France, Nigeria and Russia follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, April 8, 2021
State Department Expands Exceptions to Regional COVID Travel Bans to Include Immigrant and Fiancé(e) Travelers and Certain Exchange Visitors
- The State Department has expanded eligibility for national interest exceptions (NIE) to the regional COVID-19 travel bans in place for Brazil, China, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom.
- Foreign nationals entering on an immigrant or fiancé(e) visa will qualify for national interest exceptions under the new policy.
- Certain exchange program visitors may also qualify, including certain J-1 au pairs, interns, trainees, and specialized teachers, among others.
- The new policy became effective immediately. However, many consulates worldwide are still operating at reduced capacity and facing steep application backlogs, so appointment delays are to be expected.
To view entire article, click here.
Bulgaria, April 7, 2021
Streamlined Immigration Process Forthcoming
- Effective June 1, 2021, the application process of most employment-based work and residence permits in Bulgaria will be streamlined, but application deadlines will become stricter and foreign national accommodation checks will be introduced.
- Foreign nationals and employers can expect that the changes will modernize and streamline the processing of immigration applications through digitization, but they should also expect potential issues due to new technology and as authorities adjust to using the new system.
To view entire article, click here.
Bahrain, April 6, 2021
Implementation of Wage Protection System Forthcoming
- The Labor Market Regulatory Authority announced the implementation of a Wage Protection System for the private sector in Bahrain.
- The system will be introduced in three phases, depending on the size of the employer, with phase one beginning May 1, 2021.
- Employers should contact their respective banks for specific guidance and instructions.
To view entire article, click here.
Belgium, April 2, 2021
Single Electronic Platform for Filing Work and Single Permits Forthcoming
- Belgium is launching a Single Electronic Platform, “Working in Belgium”, which will allow employers to electronically file and monitor the status of applications for Single Permits, EU Blue Cards and EU Intracompany Transfer permits.
- The platform is expected to be released for use by the general public in May 2021 and denotes a major step towards digitizing immigration applications in Belgium.
- Employers and foreign nationals can expect that the new immigration platform will streamline immigration processes.
To view entire article, click here.
Other weekly news briefs
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.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.