Weekly Immigration Update: August 6–12, 2021
August 12, 2021
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.
- Costa Rica: A remote work visa which is expected to take effect in a few weeks when published in the Official Gazette, will allow eligible foreign nationals who are employed outside of Costa Rica or who provide services to persons or entities outside of Costa Rica to reside in and work remotely from Costa Rica for up to one year, without local employer sponsorship.
- Canada: On August 10, new regulations took effect, which are expected to protect foreign workers’ rights in Canada. Additionally, new features have been launched on the government website, Job Bank, which allows workers to search for jobs.
- United States: Applicants filing for lawful permanent resident status are now able to concurrently apply for a Social Security number (SSN) or replacement Social Security card as part of the adjustment of status (AOS) application process.
These items and other news from Bahrain, Belgium, Botswana, Canada, Ghana, Poland, Portugal, Slovenia, Sweden, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Remote Worker Visa Introduced
- The Costa Rican government has approved a law that will create a remote work visa, which will go into effect when published in the Official Gazette, expected in the next few weeks.
- The remote work visa will allow eligible foreign nationals who are employed outside Costa Rica or who provide services to persons or entities outside Costa Rica to reside in and work remotely from Costa Rica for up to one year, without local employer sponsorship.
- However, the visa does not allow foreign nationals to perform local remunerated work in Costa Rica.
To view entire article, click here.
Canada, August 10, 2021
Regulatory Amendments Increase Foreign Workers’ Rights
- Amendments to the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) are now effective in Canada and are expected to protect foreign workers’ rights, improve government oversight in the Labor Market Impact Assessment process, and strengthen the government’s ability to conduct inspections.
- Additionally, the government has launched new features on the Job Bank website, which allows temporary foreign workers to search for jobs from eligible employers through a trusted source, including updated job search tools and improved security features.
To view entire article, click here.
United States, August 9, 2021
Revised Adjustment of Status Form Allows Foreign Nationals to Apply Concurrently for Permanent Residence and an Unrestricted Social Security Number
- A new edition of Form I-485, dated 03/29/21, allows applicants to request a Social Security Number or a replacement Social Security card permitting unrestricted work authorization when they apply for permanent resident status.
- Under the new process, adjustment of status applicants will not need to submit additional paperwork in person at a Social Security Office to obtain a new number or replacement card.
To view entire article, click here.
Poland, August 6, 2021
New EU Residence Registration Card Format May Require Visit to Submit Additional Documents
- New Residence Registration applicants in Poland will now only receive a plastic identification card and will no longer receive paper decisions confirming their registration.
- As a result of this change, EU nationals and those with non-EU national family members with pending Residence Registration applications may need to submit additional information to the Immigration Office in Poland, which in some cases may mean a personal appearance.
- There are also stricter deadlines for reporting changes of information and lost/damaged Residence Registration cards.
To view entire article, click here.
Other weekly news briefs
Belgium: Search Year Permit Forthcoming – Effective August 15, 2021, Belgium will introduce a 12-month search year permit, allowing foreign students graduating from universities in Belgium to seek employment or pursue self-employment. Search Year Permit holders can start employment with no restrictions on their employer, salary level or position. Upon permit expiry, employees change status to a regular work and residence authorization (single permit). Search Year Permit holders can take preliminary steps to pursue self-employment, but must change to self-employed status (professional card) to start their business and related work activities. Also effective August 15, Belgium will allow foreign nationals holding student permits from other EU Member States to stay in Belgium for up to 360 days to complete their studies, subject to government notification. During their stay, these students can work in Belgium for up to 20 hours per week, or full-time during holidays, as Belgian student permit holders. These measures are the result of Belgium’s partial implementation of the EU Students and Researchers Directive, which was scheduled to be implemented by May 23, 2018. Implementation of the Directive sections on unremunerated trainees, among others, are still pending in Belgium.
Botswana: E-Visa Launched for Tourists and Business Travelers – The Ministry of Nationality, Immigration and Gender Affairs has launched an E-Visa platform for prospective business and tourism travelers to the country. The platform allows online applications for visitor’s visas, business visas, employment visas, investor visas, tourist visas, transit visas and study visas. The visa fee varies from BWP 500 to BWP 2,500 (1 BWP = 0.090 USD) depending on visa type, number of entries and duration of the visit. Applicants can download their visa decision from the platform within five hours of submitting their application. The E-Visa platform launch is aimed at improving access to immigration services for prospective visitors and saving costs and time associated with the visa application process. Botswana joins Angola, Lesotho, Madagascar, Malawi, Tanzania, Zambia and Zimbabwe - countries that have implemented e-visa systems within the Southern African Development Community (SADC).
Ghana: COVID-19 Test Required for Immigration Permits – Ghana Immigration Services has announced that immigration permit applicants must submit a negative COVID-19 PCR test. The authorities have not provided the time within which the applicant must take the test, so applicants are advised to take it on the same day as they undergo their mandatory in-country medication examination. This only applies to principal applicants, and it will cost GHS 150. The introduction of the requirement is due to the rising number of COVID-19 cases in the country.
Portugal: Stricter Golden Visa Requirements in 2022 – Portuguese authorities have confirmed that stricter golden visa requirements will take effect on January 1, 2022. The stricter requirements were initially expected to take effect in January 2021. Effective January 1, 2022, long-term residence by investment applicants ('golden visa') will no longer be possible based on real estate investment in Lisbon, Porto, Algarve and coastal towns like Setúbal and the Silver Coast. Real estate investment in other regions, as well as real estate investment in property for commerce, tourism or services, will still be allowed. Additionally, golden visa applications on other grounds will be subject to higher investment thresholds, with capital investment increasing to EUR 1.5 million from EUR 1 million and investment in funds increasing to EUR 500,000 from EUR 350,000.
Slovenia: Eased Posted Worker Notification, Extension to Staffed Workers – Slovenian authorities have eased posted worker notification requirements to exclude certain information points that were considered excessive, likely in response to the European Commission's letter of formal notice. Slovenia is the first country to streamline its Posted Worker rules in this manner. The online posted worker notification system is still being updated to reflect these changes. Additionally, translation of documents into Slovene is now only required upon request. Separately, Posted Worker rules are extended to individuals who are hired by a temporary work agency and posted to a Slovenian company.
Sweden: Details Published on Funding and Accommodation Requirements to Sponsor Dependents – The Swedish Migration Authority published further details on the funding and accommodation requirements for foreign nationals seeking to sponsor dependents. Applicants must have access to SEK 5,016 gross/month if single; SEK 8,287 if sponsoring a cohabiting spouse or partner; additional SEK 2,662 for children aged 6 years or younger; additional SEK 3,064 for children aged 7 years or older. In general, applicants must have sufficient funds to cover tax, housing, insurance, utilities, and personal expenses for the household. There are also specific rules about the type of accommodation depending on whether applicants sponsor a spouse or children. The rules also state that accommodation shared with a friend, coworker or parents is not acceptable, and that accommodations must be available for at least one year from the arrival date.
United States: Latest DOL PERM and PWD Processing Times – As of July 30, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in March 2021 or earlier, and processing audited cases filed in September 2020 or earlier. DOL is working on standard reconsideration requests submitted in April 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in January 2021 and H-1B requests filed in March 2021. The agency has been processing PERM and H-1B redeterminations requested in June 2021. PERM center director reviews requested in July 2021 remain pending. These reports are available on the DOL FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
