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Weekly Immigration Update: August 26–September 1, 2022

September 1, 2022

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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.
  • Thailand: Effective September 1, certain high-potential foreign nationals, including remote workers for well-established overseas companies, can apply for a 10-year long-term resident (LTR) visa.
  • Russia: Citizens of Ukraine (including those permanently resident in the Luhansk and Donetsk regions) can now stay and work in Russia for an unlimited period of time without a work or residence permit.
  • Canada: Amendments to the Immigration and Refugee Protection Regulations will take effect September 26 and will impact the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) streams. The amendments are aimed at improving employer compliance and protecting foreign workers’ rights.
  • Schengen Area/Vietnam: Germany has resumed visa issuance to Vietnamese citizens with blue-cover passports. See our consolidated alert.
  • Worldwide/Russia: Finland has reduced the available visa filing appointments in Russia. See our consolidated alert.
  • Belgium: Ukrainians with Temporary Protection status and their family members are now also work authorization-exempt for self-employed activities (in addition to work as employees). See our consolidated alert for details.

These items and other news from Denmark, the European Union, France, Germany, Iraq, Kazakhstan, Kuwait, Latvia, Lithuania, Mexico, and Russia follow in this edition of the Fragomen Immigration Update.

Important updates in immigration this week

Thailand, September 1, 2022
New Long-Term Resident Visa for Remote Workers and ‘High Potential’ Foreign Nationals

  • Effective September 1, 2022, certain high-potential foreign nationals, including remote workers for well-established overseas companies, can apply for a 10-year long-term resident (LTR) visa.
  • Holders of the LTR visa benefit from an exemption from obtaining a re-entry permit when traveling to and from Thailand, fast-track service at international airports in Thailand and the opportunity to obtain a digital work permit, among other benefits.
  • Furthermore, the government eased several immigration requirements under this visa scheme, including the removal of the Thai national to foreign national employment ratio and changing the 90-day reporting requirement to a one-year report instead

To view entire article, click here.

 

Russia, August 31, 2022
Ukrainian Citizens Can Now Work Without a Work Permit

  • According to a new decree in Russia, citizens of Ukraine (including individuals permanently resident in the Luhansk and Donetsk regions) can stay and work in Russia for an unlimited period of time without a work or residence permit.
  • President Putin signed this decree to further integrate individuals affected by the situation in Ukraine who currently either reside or work in Russia.

To view entire article, click here.

 

Canada, August 29, 2022
Regulatory Amendments Enhance Foreign Workers’ Rights

  • Amendments to the Immigration and Refugee Protection Regulations in Canada will take effect on September 26, 2022, and will impact both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) streams.
  • The amendments are aimed at improving employer compliance and protecting foreign workers’ rights by remedying existing gaps in worker protections, ensuring adequate access to rights and employment information, ensuring better access to healthcare services, and improving workplace conditions for foreign workers.
  • The changes will place more responsibilities on employers to protect foreign workers’ labor rights.

To view entire article, click here.

Other weekly news briefs

Denmark: Same-day Quick Job Start Biometrics Appointments No Longer Available – When using the Quick Job Start program, visa-exempt nationals and Schengen visa holders must now schedule their biometrics appointment before 12:00 (local time) for appointments the following day. The Quick Job Start program is a process that allows foreign nationals who qualified for Fast Track work permit processing to receive a Provisional Work Permit in order to begin work while their work permit application is pending. Previously, appointments for biometrics using the Quick Job Start were available on the same day as scheduling. This change was implemented in response to short notice bookings overwhelming SIRI, the Danish Agency for International Recruitment and Integration. Appointments are now made via a link in the confirmation email received by the employer after the Fast Track residence and work permit application is submitted.

European Union/Russia: Schengen Visas Will Be Increasingly More Difficult to Secure for Russian Citizens – The EU Ministers of Foreign Affairs have decided to fully suspend the Visa Facilitation Agreement with Russia from 2007 (partial suspension for certain categories has already been in effect since March 2022), extending the current suspension to all Russian citizens. This suspension will make acquiring a Schengen visa as a Russian citizen more expensive (EUR 80 instead of EUR 35), burdensome, and lengthy. Russian citizens will still be able to apply for a Schengen visa, but they can anticipate stricter approval requirements (for instance, a limited number of approvals for visas for tourist purposes, but more exceptions for visiting family members); additional document requests; and long appointment wait times (the 10-day processing time mentioned in the visa facilitation agreement is expected to be extended to at least 15 days, but likely up to 30-60 days). This decision follows several EU Member States initiating visa suspensions for Russian citizens, as previously reported. EU countries may also choose to further suspend long-stay visa issuance for Russian citizens. The European Commission is expected to issue its guidance on the topic, including implementation details . Fragomen will issue an update accordingly.

Germany: Bank Deposit Amount for Student Visas To Increase – Starting January 1, 2023, the amount that must be available in a bank account to secure a student visa in Germany will increase to EUR 11,208, up from EUR 10,332. The same amount will also be required to extend a student residence permit.

Germany: Indonesian Passports Without Signature of Bearer Column Now Accepted – As an update, German authorities have confirmed that Indonesian passports without the signature of the bearer column are now accepted, provided an additional signature is present on the endorsement page. Passport holders affected by this omission are advised to have their signature on page four or five of their passport certified by an official authority in Indonesia as soon as possible.

Iraq: Unstable Security Situation Impacts Immigration Application Processing – Due to the temporary closure of government agencies in Iraq related to security issues in Baghdad, foreign nationals and their employers should anticipate delays in immigration application processing. Also, due to suspended flights by international carriers and potential closures of international and domestic airports, travelers should expect difficulty traveling in and out of Iraq during this time.

Kazakhstan: Foreign Worker Quota Open for 2023, Deadline to Apply is October 1 – Employers seeking to sponsor foreign workers in 2023 can now submit applications for quota numbers and must do so by October 1, 2022. Sponsoring a foreign worker is generally more difficult, and for some regions may be impossible, if the employer has not filed a quota request in the previous year. Fragomen advises employers to file their quota applications as soon as possible because quotas may decrease and early applicants are more likely to receive the requested quota numbers. Employers file quota applications with the regional Department of Labor Office where the foreign national will be working. Applications prove the need for foreign workers, specify the number of foreign workers sponsored throughout 2023 (including renewals), and detail foreign workers’ positions. The Department of Labor will issue decisions on quota applications in December 2022.

Kuwait: Temporary Suspension of Family Residence Visas – As part of the restructuring of Kuwait’s regulatory framework, the Ministry of Interior has temporarily suspended the issuance of family residence visas until further notice, along with the suspension of family visit visas and tourist visas. Eligible foreign nationals may enter Kuwait under an e-visa or visa-on-arrival, or on a valid residence permit. No further details have been announced regarding when the suspensions will be lifted.

Latvia: Online Applications for Residence Permit Processes to Continue – The Office of Citizenship and Migration Affairs has extended the option for invitation applications (submitted by a sponsoring employer) to be submitted online and residence permit applications to be submitted online or by mail. These options were implemented during the COVID-19 pandemic as a concession to avoid in-person contact during the application process. Additionally, applicants not physically present in Latvia can now request a residence permit extension or register their residence permit online or by mail, whereas applicants already in Latvia submitting initial requests can submit their applications by email, signing documents with a secure electronic signature, or by mail. The sponsoring employer can also submit an application if the applicant is not yet resident in Latvia but is present in Latvia.  

Latvia: Eased Documentation Requirements for Intracompany Transferee Residence Permit Holders – Foreign nationals in unregulated professions with an intracompany transferee residence permit issued in another EU Member State are no longer required to show a copy of a validated education document or document certifying three years of work experience to prove their professional experience during the intracompany transferee residence permit application process in Latvia. Regulated professions are those that require a special license or certificate, such as doctors, pilots, architects, attorneys and auditors, among others. Previously, foreign nationals in unregulated professions had to show one of the two documents to prove their qualifications.

Lithuania: Broader Work Options for Students, Graduates – Under a new law, student permit holders are permitted to work full time without the need for additional work authorization, whereas they were previously permitted to work for only up to 20 hours per week without work authorization. Additionally, graduates of Lithuanian universities can apply for a Lithuanian temporary residence permit within 10 years of graduating in Lithuania, up from two years. Employers are not required to demonstrate qualifications for these individuals. Under the new law, employers and foreign nationals benefit from more pathways for educated foreign nationals to stay and work in Lithuania.

Lithuania: Rule Change for Temporary Employment Companies – According to a legal amendment, foreign nationals employed by registered temporary employment companies can now apply for a residence permit on the basis of work. These foreign nationals were previously not eligible for such residence permits. Sponsoring temporary employment companies must be registered with the State Labour Inspectorate and must guarantee at least six months' full-time employment under a temporary employment contract. Foreign nationals must receive at least the average monthly gross national wage (as published by the national statistics department) when employed, and at least the national minimum wage (as approved by the government) for the periods between assignments. Temporary employment companies seeking to sponsor foreign workers require pre-approval from the Lithuanian Employment Service as part of work and residence permit processing. 

Mexico: Appointment Delays at Several Mexican Consular Posts – Foreign nationals are facing significant delays in obtaining visa appointments at Mexican consulates in Argentina, Brazil and India, among others, due to high demand and backlogs. Appointment wait times have increased to approximately two months, up from the usual 15 to 20 days, to submit visa applications, including Temporary Residence Visas for Remunerated Activities approved by the National Immigration Institute, Temporary Residence Visas and Visitor Visas for Non-Remunerated Activities. Foreign nationals applying for visas in the above countries and their employers should account for delays in work start dates, as all Mexican initial long-term work authorization options involve a consular visa application. Fragomen is informing affected applicants of possible delays and will report on relevant developments.      

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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