Weekly Immigration Update: August 12–18, 2022
August 18, 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.
- United States: The Department of Homeland Security (DHS) is proposing a regulation that would give the agency the authority to permit alternatives to in-person verification of identity and employment eligibility documents during the Form I-9 process.
- Australia: The government released the planning levels for its 2022-2023 Migration Program, which will consist of 160,000 places, with two-thirds allocated to the Skills Stream and one-third allocated to the Family Stream.
- European Union/Russia: EU governments are considering an EU-wide approach to Schengen short-stay visa issuance restrictions for Russian citizens.
- Worldwide/Russia: Estonia has granted an exception to the entry ban for Russian nationals to students who did not complete their studies in Estonia. Finland is limiting the availability of consular appointments to Russian citizens in Russia to reduce the number of visas issued. See our consolidated alert for more information.
- Schengen Area/Vietnam: The Vietnamese Ministry of Public Security has stated that it will consider regulations to incorporate an individual’s place of birth in the new Vietnamese passport going forward, but in the meantime, applicants can request that this information be manually added. See our consolidated alert for more information.
These items and other news from Colombia, the Czech Republic, Germany, Indonesia, Oman, Portugal, Qatar, South Africa, Switzerland, Turkey, the United Kingdom, Uruguay, and Vietnam follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
European Union, Russia, August 18, 2022
Short-Stay Visa Restrictions Under Consideration
- Several EU Member States are in favor of imposing EU-wide restrictions on short-stay visa issuance to Russian citizens. However, there is no unanimous approval of such a measure yet.
- The topic is expected to be discussed at the August 30-31, 2022 EU Foreign Affairs Council meeting. It is likely that no further country-specific short-stay visa restrictions will be imposed in the interim, in anticipation of a potential EU-wide approach.
- Currently, there are suspensions in several EU countries for short-term visa issuance to Russian citizens and/or applications filed in Russia more generally, based on national measures.
To view entire article, click here.
United States, August 17, 2022
DHS Proposes Authority to Permit Alternatives to In-Person Inspection of I-9 Documents
- If the proposed rule becomes final, the Department of Homeland Security (DHS) would have ongoing authority to permit alternatives to in-person examination of Form I-9 employment eligibility verification documents at its discretion.
- The proposal stops short of seeking direct, permanent changes to the I-9 process, but gives DHS greater flexibility to pilot alternative procedures, or permit alternatives during public health or other national emergencies.
- DHS will accept public comments on the proposed regulation for 60 days after publication.
To view entire article, click here.
Australia, August 15, 2022
Migration Program Planning Levels Announced for 2022-2023
- The Australian government announced the planning levels for its 2022-2023 Migration Program, which will consist of 160,000 places, with two-thirds allocated to the Skills Stream and one-third allocated to the Family Stream.
- The Migration Program was designed to ease critical workforce shortages by supporting Australia’s economic recovery from COVID-19 and to reunite Australians with their family members.
- As a result, foreign nationals will find they have additional opportunities to enter the country for work, residency and a pathway to citizenship.
To view entire article, click here.
Other weekly news briefs
Colombia: Visa Waiver Expanded to Nationals of Additional Countries/Territories – The Colombian Ministry of Foreign Affairs published a resolution updating the list of countries/territories whose nationals are eligible for visa-free entry to Colombia. Effective immediately, nationals of Morocco, North Macedonia, Oman and Ukraine no longer require a Visitor Visa (V-3) to enter Colombia for tourism or business and can instead obtain a Tourism Permit (PT) on arrival, like other visa-exempt nationals. The Tourism Permit allows a stay of 90 consecutive days, extendable for an additional 90 days, or 180 cumulative days per calendar year calculated from the first date of entry. While, in practice, nationals of North Macedonia and Ukraine were already permitted to engage in visa-free travel based on bilateral agreements, the new resolution formalizes these exemptions. Additionally, according to the resolution, individuals who would not normally be visa-exempt for entry based on their nationality are now visa exempt if they hold permanent residence in Bolivia, Ecuador or Peru (full members of the Andean Community – CAN). This rule was included in the previously-approved Andean Immigration Statute and is formalized by the new resolution.
Germany: Indonesian Passports Without Signature Field Currently Not Accepted – Until further notice, the German Embassy in Indonesia is not accepting Indonesian passports without signature fields for visa application processing. The Embassy is also not permitting the subsequent addition of the signature in the “Endorsements” field as a substitute for the missing signature. If a visa has already been issued based on one of these passports, the German Embassy strongly advises against traveling to Germany as the Indonesian national may be turned back at the border. As it is not possible to submit a new visa application for Germany (Schengen or national visa) with such a passport, the German Embassy recommends that applicants check with the Indonesian authorities to see if they can obtain an Indonesian passport with a signature field.
Indonesia: New Insurance Program for Short-Term Foreign Workers – The Indonesian government has introduced a new life insurance and medical expense insurance requirement for foreign workers working in Indonesia for six months or less. Employers must enroll such workers into an insurance policy that is licensed by the Financial Services Authority (Otoritas Jasa Keuangan) and integrated with the online application system from the Ministry of Manpower (TKAOnline) based on the following premium schedule - one month: IDR 762,000; three months: IDR 1,715,000; and six months: IDR 2,477,000. The Ministry of Manpower has also introduced a new insurance program called ASTAKA (Asuransi Tenaga Kerja Asing/Insurance for Foreign Worker), which fully complies with the government’s new insurance requirement. To comply with the new requirement, employers may register through the ASTAKA website, purchase the appropriate insurance premium for their foreign national worker, and activate the insurance after the ITAS (temporary stay permit) issuance. Although the government has stated that the new requirement will be effective immediately, the Ministry of Manpower has yet to implement the new requirement. Fragomen is monitoring closely for more updates.
Oman: Updated List of Professions Restricted to Omani Nationals – Effective immediately, the Ministry of Labor (MOL) issued an updated list of professions restricted to Omani nationals, which has decreased to 207 professions, from 257 professions. Professions removed from the list include, but are not limited to: reinsurance specialist, light and optics lab technician, optometrist, systems analysis technician, operator in oil products, paramedic, and purchasing and delivery representatives. Employers seeking to hire new workers in the positions that remain on the list must only hire Omani nationals. The decreased restrictions are a part of Oman’s effort to balance its initiative to boost nationalization efforts with its initiative to recruit and retain foreign nationals in sectors where there are skills gaps in the local population.
Portugal/United Kingdom/Czech Republic: Post-Brexit Permit Issuance Delays – Portuguese authorities are not yet issuing biometric residence permit cards to UK citizens with residence rights under the Withdrawal Agreement. UK citizens who only have temporary proof of residence (and not a biometric residence permit card, which confers Schengen travel rights and is recognized outside Portugal) may face travel and entry issues into other Schengen countries since the temporary proof of residence is not recognized outside of Portugal. The delay in issuance is the result of Portugal’s struggle with ongoing appointment scheduling issues and a pending reorganization of its immigration authorities, which was scheduled to occur in July 2021 but is still pending due to pandemic-related delays. It is not yet confirmed when either issue will be resolved. No similar issues are being reported by other EU countries, although Czech authorities are reminding UK citizens with residence status under the Withdrawal Agreement to exchange their interim permit, issued before Brexit, to an updated residence permit card format by August 31, 2022.
Qatar: Temporary Entry Requirements for Visitors to Qatar – Effective November 1, 2022 through January 23, 2023, entry to Qatar will be restricted to Hayya card holders, residents and nationals of Qatar. The Hayya card will effectively serve as an entry permit for visitors. This requirement is temporarily in place as Qatar will host the 2022 FIFA World Cup tournament. Applications are currently accepted for World Cup ticket holders with a confirmed accommodation. Specific Hayya card application rules for those not attending the World Cup will be announced by the authorities in due course.
South Africa: New Security Measures for Passport Collection Implemented – To bolster fraud prevention, the Ministry of Home Affairs has implemented new security measures for South African passport applicants. Previously, third parties could collect passports on behalf of applicants, but applicants must now collect their passport in person. They must submit fingerprints during the collection process to activate the new passport. Additionally, applicants must now collect their passport from the same office where they submitted the application; they cannot request that their passport be transferred to another office, as was previously allowed. Further details on the passport collection process at South African diplomatic posts have not yet been announced.
Switzerland: In-Country Appointment and Processing Delays – Foreign nationals seeking residence permits may now face several months' delay for in-country processing steps in Switzerland after starting work. Upon arrival, cantonal migration authorities will invite foreign nationals to schedule an appointment to submit biometric data (photograph and fingerprints). Some cantons, mainly in the west part of Switzerland, only send invitations two months after the foreign national's arrival, and corresponding biometric submission appointments may have a two- to three-month scheduling delay. Foreign nationals must await the invitation letter before they can schedule a biometrics submission appointment. As such, processing times to issue a residence permit card are currently three to four months, up from one to two months. Although foreign nationals are permitted to work and stay in Switzerland during these process steps, the delays may restrict Schengen travel options for affected applicants. Employers and foreign nationals are advised to plan for longer in-country processing, particularly if anticipating Schengen travel requirements, and to consider enough time to obtain a re-entry visa.
Turkey: Residence Restrictions Now Also Impact Foreign Workers – The Turkish Migration Directorate now prohibits work permit holders from registering an address in certain designated neighbourhoods considered to have an excessive foreign national population. Additionally, the number of designated neighbourhoods increased to 1,169, up from 781. Previously, residence permit applicants (including dependent family and those seeking in-country change of status from tourist to work authorized) were already prevented from obtaining a residence permit if they were living in a designated neighbourhood. Under the new policy, work permit holders are also affected by these residence restrictions with regard to their address registration, even if they are residing in Turkey without accompanying family.
United Kingdom: Resumption of Priority Visa and Super Priority Visa Services for Work and Student Visa Applications – Effective August 12, 2022, the United Kingdom Visas and Immigration resumed Priority Visa (PV) and Super Priority Visa (SPV) services for out-of-country work and student visa applications, which are available through an online booking system. Work and Student application visas processed through the PV service are issued in five working days and those processed through the SPV service are issued 24 to 48 hours from the date of the biometric appointment, as compared to four to six weeks under regular processing. The cost of the PV service is GBP 250 and SPV is GBP 956. However, applicants should be aware that if they already submitted fingerprints for their application at a Visa Application Center, they cannot obtain retroactive PV or SPV services.
Uruguay: Short-Term Work Authorization Expanded to Include Remote Work and Renewals – Through a recently published decree, the Uruguayan government has made short-term work permits (called Provisional Identity Cards – Hojas de Identidad Provisoria) available to foreign nationals seeking to work remotely from Uruguay for their foreign employer or company without local company sponsorship. Provisional Identity Cards are valid for up to 180 days. Previously, this type of work permit could only be issued to foreign nationals who were directly employed and sponsored by an entity registered in Uruguay. Remote workers are not required to enroll in social security in Uruguay, whereas other work-authorized foreign nationals are. In another change in policy, the decree also authorizes a one-time extension of the Provisional Identity Card for an additional 180 days. Previously, renewals were not available beyond 180 days. Additional details are forthcoming as the National Immigration Directorate implements the new process.
Vietnam: New Requirement for Obtaining Visa Application Slots Results in Delays in Visa Application Process – The Immigration Department is implementing a visa application requirement that a local employee from the sponsoring entity must be physically present during both (1) the queuing for an appointment slot, and (2) the filing of applications. Previously, third parties could file applications on the company’s behalf. The company representative may be required to present their identification, proof of employment with the sponsoring entity (such as company identification or employment contract) and record of social insurance contribution via the VssID app. Fragomen has observed long queues at the Immigration Department; the company representative may need to wait for three to four hours to obtain the slot to file the visa application. The company representative may also be asked to return on another day for the application filing. As a result, applicants must be aware that submissions are being delayed (particularly with the Immigration Departments in Hanoi and Ho Chi Minh City) and regular status updates are also more difficult to obtain from the authorities.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.