Weekly Immigration Update: December 3–9, 2021

Belgium: Wallonia Significantly Expands Shortage Occupation List - Wallonia published a new list of shortage occupations, expanding the list to 42 occupations from 10. The Shortage Occupation Work or Single Permit is aimed at attracting medium-and low skilled employees. When an occupation is included in the shortage list, employers are exempt from labor market testing as there is a presumption that there is a shortage in the local labor market. Wallonia previously had limited applications in this permit category as the list of shortage occupations was so short, compared to Flanders (currently 22 occupations on the list).  The change reflects growing labor shortages in key occupations across Europe, which are being addressed by both traditional means such as shortage lists and application streamlining, and novel methods such as streamlined labor market access for refugees and international protection applicants.

Cyprus: New Company Registration and Highly Skilled Worker Scheme Forthcoming - Effective January 1, 2022, Cypriot authorities will implement a new company registration program under the newly-established Business Facilitation Unit. The Unit offers expedited company registration, expedited visa processing, sponsorship of dependents, and access to social security, tax and Value-added Tax registration in Cyprus. Companies operating in Cyprus, or seeking to establish a presence in Cyprus by relocating their existing headquarters or by establishing an office, can register with the Unit to gain access to a new permit type, the Highly Skilled Work Permit. These companies will be entitled to relocate their employees into Cyprus. To be eligible under the scheme, foreign nationals must earn at least EUR 2,500 monthly salary; must be university graduates or have two years of relevant professional experience at a graduate level; and must hold an employment contract valid for at least two years. Unlike other Cypriot permit types, accompanying dependents will be work authorized. Successful applicants receive a three-year visa and expedited access to long-term residence. Sponsoring companies must maintain a ratio of 30% Cypriot nationals, and can also sponsor foreign support personnel under the new scheme for up to 30% of their total support staff. Lastly, foreign nationals under this scheme will be eligible to apply for citizenship after five years of lawful residence (or four years for fluent Greek speakers), down from seven.

Cyprus: More Investment Types Eligible for Permanent Residence - Effective January 1, 2022, more investment types will be eligible for permanent residence by investment, including dwellings, commercial real estate, share capital, and units of a Cyprus Collective Investment Organization – all at a minimum investment amount of EUR 300,000. Additionally, applicants will no longer be required to retain a EUR 30,000 deposit for three years; the amount will only be required upon the initial investment. Lastly, applicants will be able to work (this was previously not permitted for investors), but only as a director in the company in which they invested; other work is not permitted.

Dominican Republic: Yellow Fever Vaccination Required for Travelers Arriving From Several Brazilian States - Effective immediately, all travelers 10 months or older (including nationals and residents) arriving from the Brazilian states of Espírito Santo, Minas Gerais, Rio de Janeiro, or São Paulo must be vaccinated against yellow fever at least 10 days prior to traveling to the Dominican Republic. They must show their International Certificate of Vaccination or Prophylaxis to enter the country. Exemptions apply for pregnant women, travelers transiting through Brazil for less than 12 hours provided they remain at the airport, and individuals who cannot receive the vaccine due to medical reasons (who must show a medical contraindication certification instead). The measure follows a similar requirement implemented last month for travelers arriving from Venezuela, in response to concerns of recent yellow fever outbreaks.

Equatorial Guinea: Regularization Plan Announced - The Minister of National Security has issued an order granting foreign nationals without valid immigration status three months to regularize their status and to update their documents for stay and residence. Those failing to comply with the order by March 2, 2022 will be arrested and deported. Employers with foreign nationals in the country should ensure their foreign workers’ documents are valid and should submit renewal applications as soon as possible if needed to avoid loss of their foreign workforce.

European Union: Final Brexit Registration for Article 50 Permits Deadline on December 31, 2021 - As a reminder, UK nationals and their family members seeking to secure their status under the EU-UK Withdrawal Agreement have until December 31, 2021 to apply for status in Austria, Belgium, Bulgaria, Denmark, Luxembourg, Norway, Poland, Romania, Slovenia and Sweden. Late applicants risk losing their residence status and work rights. Cyprus, Estonia, Iceland, Ireland, Lithuania, Spain, and Switzerland do not have a set deadline to apply for status. Application deadlines in Croatia, the Czech Republic, Finland, France, Germany, Greece, Hungary, Latvia, Malta, the Netherlands, Portugal, and Slovakia have already expired. Details on each country’s application process are published here.

Gambia and Sierra Leone: Waiver of Residence Permit Fees Forthcoming - The governments of Gambia and Sierra Leone have signed a Memorandum of Understanding mutually waiving residence permit fees for their respective nationals. The date for the implementation of the waiver is yet to be announced by both governments. The measure is aimed at easing the establishment of residence by nationals of both countries in line with the Economic Community of West Africa States (ECOWAS) Treaty. 

Germany: Changes to Citizenship Law Announced - The new German coalition government plans to: permit dual citizenship in more situations than is currently allowed; permit naturalization after five years (down from eight); ease the language requirement to obtain German citizenship; and clarify the civic integration requirement; among other changes. These reforms should make it easier for foreign nationals with stable ties to Germany to obtain German citizenship, benefiting from unrestricted access to local employment, and travel and employment rights across the European Union, among other benefits. These plans must still be implemented through legislation before they can take effect. There is no timeline for implementation.

Russia: Reminder: Broader Medical Exam Requirements Take Effect December 29 - As a reminder, all foreign nationals will be required to complete medical check-ups, fingerprinting and photographing as part of their immigration applications starting December 29, 2021. The measure applies to Highly-Qualified Specialists and their dependents; but excludes children under six years old and Belarussian nationals. New work permit applicants must submit this data within 30 calendar days of entry and before work permit collection; or within 90 calendar days for dependents and business travelers staying over 90 days. Current work permit holders must submit this data within 30 days of returning from their next trip outside Russia; or within 90 calendar days for current dependent permit holders. Applicants should anticipate 5-10 business days of processing between the medical exam and submitting the data. Fingerprinting and photographing are one-time procedures. Medical checkups are valid for three months and must be repeated within 30 days of expiry. Foreign nationals traveling in the December holiday period are urged to pay particular attention to the filing deadlines.

Slovakia: Foreign Police Notifications for Residence Permit Approvals and Extensions Now Issued Through SMS - The Foreign Police is now sending notifications of residence permit approvals and extensions via SMS, instead of paper notifications. The notifications will also be sent through the electronic portal, “e-schranka”, to the employer or employer’s company point of contact (and no longer to the legal representative). However, the Foreign Police will continue to send a paper notification directly to the Slovak consulate for foreign nationals who submitted their residence permit applications through the consulate. Employers should regularly monitor the “e-schranka” portal so they are aware of any residence permit approvals or notifications that have been issued, as their legal representatives will no longer receive these notifications. Additionally, processing times are expected to be reduced for the issuance and approval of residence permit extension applications, as employers and foreign nationals will no longer have to wait for paper notifications to arrive. The government has implemented this change to improve communication with applicants in an effort to streamline the process.

South Africa: Legalization of Documents Suspended - The Department of International Relations and Cooperation (DIRCO) has temporarily suspended the processing of the legalization of documents, effective immediately. Legalization processing will resume in January 2022, though the exact date has not yet been announced.

Switzerland: No Change in Quotas in 2022 - Swiss authorities have published work permit quotas for 2022, with identical quota allocations to 2021. The following quota numbers will become available as of January 1, 2022: 4,000 short-term L Permits and 4,500 long-term B permits for non-EU/European Economic Area (EEA) nationals (issued annually); and 3,000 short-term L Permits and 500 long-term B permits for EU/EEA nationals (issued quarterly). Starting 2022, the previously announced quota for UK nationals will be released: 1,400 short-term L Permits and 2,100 long-term B permits (issued annually). L permits are available for up to 24 months, and B permits for over 24 months. As before, quotas do not apply to applications for L permits for stays under four months, status changes and renewals. Annual quotas are typically exhausted by the end of each year. Quarterly quotas are typically exhausted six to seven weeks after release. Employers are therefore advised to submit applications early, in order to avoid rejections due to the quotas being filled. Lastly, the quota for Croatian nationals will cease on January 1, 2022, meaning Croatian nationals will not be subject to a limited number of spots for work permits.

Thailand: Work Permit Cancellation Process for Board of Investment Companies Amended – Fragomen has observed a practice change in the Employment Department (ED)’s work permit cancellation process for Board of Investment (BOI) companies. The ED will no longer provide an official stamp on the acknowledgment letter to confirm that the BOI company has completed a work permit cancellation for their foreign national employee. Instead, once the BOI approves the application for work permit cancellation, an acknowledgment letter will be sent by the BOI to the ED via the BOI online system. The acknowledgment letter will serve as confirmation of the completion of the work permit cancellation process which can then be used to support the foreign national’s new work permit application with other Thai companies in the future. This change was not formally announced and does not impact the existing work permit cancellation processes and document requirements.

United States: USCIS Waives “60-Day Rule” for Report of Medical Examinations (Form I-693) Until September 30, 2022 - U.S. Citizenship and Immigration Services (USCIS) is temporarily waiving the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit, including Form I-485 adjustment of status applications. The accommodation is effective from December 9, 2021 through September 30, 2022 and applies to all Forms I-693 associated with applications for immigration benefits that have not yet been adjudicated, regardless of when the application was submitted or when the Form I-693 was signed.