Weekly Immigration Update: January 14–20, 2022

Australia: Temporary Removal of Work Limitations for All Student and Working Holiday Maker Visa Holders – The Australian government has temporarily removed the 40-hour per fortnight work limitation for Student visa holders across all sectors of the economy, including dependent student visa holders and new student visa holder arrivals who start a job prior to their course commencement. Furthermore, Working Holiday Maker visa holders will also benefit from the suspension of the six-month work limitation for any one employer. Lastly, a refund of the applicable Visa Application Charge for Student and Holiday Maker visa holders has been made available for those who will be entering the country in the coming weeks. The refund is available to Student visa holders who will be entering over the next eight weeks and to Working Holiday Maker visa holders who will be entering over the next 12 weeks. These measures are in line with the government’s aim to incentivize Student and Working Holiday Makers, who are fully-vaccinated, to return to Australia to assist in filling vital skills gaps caused by the pandemic. The temporary removal of Student visa conditions will be reviewed in April 2022, while the measures for Working Holiday Makers will remain in place until the end of 2022.

Bahamas: Possible Suspension of BEATS Program for Digital Nomads – According to communications from immigration authorities, it is likely that the Bahamas Extended Access Travel Stay (BEATS) program is suspended at this time. The program allows eligible foreign professionals and students to work and study remotely from the Bahamas for up to one year. Applicants should be aware that their applications may be rejected even though the program is still advertised on the Bahamas Ministry of Tourism’s official website. The government has not issued an official notice or communication regarding the suspension. Individuals seeking to reside in and work or study from the Bahamas should contact their immigration professional to discuss other immigration options and case-specific advice. Fragomen will report on relevant developments as they become available.

Canada: New Expedited Immigration Pathway for Tech Professionals in Alberta – Alberta has introduced the “Immigration Nominee Program Accelerated Tech Pathway,” a new pilot under the Express Entry Stream, which provides expedited processing of Permanent Residence applications to foreign workers who are currently working for, or have a job offer with, an Alberta-based tech industry employer in an eligible tech occupation. Additional eligibility requirements include that candidates have an active Express Entry profile in the federal Express Entry pool with a minimum Comprehensive Ranking System score of 300; meet the criteria of at least one of the federal immigration programs; have a valid immigration status if working in Alberta at the time of the application; and intend to and be able to live and work in Alberta, among other requirements. Interested candidates must first submit an Accelerated Tech Pathway form to the Alberta Immigrant Nominee Program (AINP), which will determine if the candidate meets the minimum eligibility criteria and if so, invite the candidate to apply. Interested candidates should contact their immigration professional for case-specific advice.

Cyprus: Digital Nomad Visa Forthcoming – Cypriot authorities plan to introduce a one-year Digital Nomad Visa by January 31, 2022; the visa would be renewable for an additional two years. Under the current proposal, the visa would be available to those self-employed abroad and seeking to work remotely from Cyprus. Applicants would be required to hold health insurance; a clean criminal record; and access to EUR 3,500 per month, either from employment or from client service, with an additional 20% uplift, in case of an accompanying spouse, and 15% uplift for each dependent child (a family of four, for example, would require EUR 5,250 per month). Dependents would be eligible for dependent visa status but would not be authorized to work or engage in economic activity. Further details on the application process, including government fees and processing times, will be published in the coming weeks.

Italy: 2022 Quota Adjusted – Italy has formally published the 2022 work authorization quotas, which differ slightly from those previously announced, as follows:

• 42,000 spots for seasonal work (up from 18,000);
• 20,000 spots for local hires in shortage industries, reserved for certain nationalities (up from 6,000);
• 500 spots for self-employed work (same as last year’s quota);
• 100 spots for foreign graduates (new allocation as of 2022);
• 100 spots for Venezuelan applicants with Italian ancestry (new allocation as of 2022);
• 4,400 spots for those changing from seasonal to standard work permit status;
• 2,370 spots for those changing from study to (self-)employed status;
• 230 spots for EU Long-Term Residence permit holders seeking status in Italy. Grouped together, there are 7,000 spots for change of status (up from 6,150 spots).

Overall, the 2022 quotas focus on shortage workers and talent retention, matching current European and global policy trends. As a reminder, the quotas do not apply to intracompany transferees, highly-skilled workers, or EU Blue Card applicants, among others. Applications for start-up visas, shortage industries, change of status, or special categories can be filed starting on January 27, 2022 at 9am (local time); and seasonal work permit applications can be filed starting on February 1, 2022 at 9am (local time). Applications must be submitted by March 17, 2022.

Malaysia: MyEntry/MyTravel Pass Exemption Clarification – The Expatriate Services Division (ESD) has issued an update on the exemption to the MYEntry/MYTravelPass requirement for those who have obtained certain pass approvals to enter Malaysia. This applies to expatriates and their dependents, including foreign maids. Those who are entitled to the exemption are as follows: (1) Residence Pass-Talent (RP-T) and their dependent(s); (2) Employment Pass holders (Category EP I, II and III); (3) Professional Visit Pass holders (PVP); (4); Dependent Passes for all categories; (5) Long-Term Social Visit Pass (LT-SVP) for all categories; and (6) Foreign maids for foreign nationals in all categories. The exemption does not apply to Short Term Business travelers, diplomats and foreign embassy staff or their dependents and new foreign maids. In summary, those who have already obtained the pass approval for the above-mentioned categories can enter Malaysia without obtaining a MYEntry/MYTravelPass. All other entry requirements such as the PCR COVID-19 test, downloading the MYSejahtera app, and quarantine still apply. The Malaysia Digital Economy Corporation (MDEC) is expected to publish an announcement on this update soon.

Poland: Poland Business Harbor Program Open to Azerbaijan, Restricted for Non-Sponsored Applicants – Effective immediately, nationals of Azerbaijan are eligible for the Poland Business Harbor Program, a streamlined visa process for Poland. Additionally, effective February 1, 2022, Belarussian applicants will require an invitation from a Polish company participating in the program. Currently, Belarussian nationals can apply without company sponsorship if they have relevant experience and/or education and can seek employment after arrival. The changes will not affect current visa holders.

Russia: Family Members of Russian Nationals Now Eligible for Longer Stay – In a change of policy, visa-exempt family members of Russian nationals and Russian permanent residence permit holders are now eligible for an extension of their stay for up to one year under their visa exempt status, where previously these individuals could only stay in Russia for 90 days in a 180-day period. Alternatively, these individuals could seek resident status, but this process is time-consuming and complex. The new policy provides visa-exempt family members with an easier option to remain with their Russian national family member or permanent residence permit holder.

Russia: Further Details on Medical Examination Process – Russian authorities have published further details on the medical examination and fingerprinting process which took effect on December 29, 2021. Medical examination requires several visits to several different locations (appointments may be required), except at the Sakharovo Labor Migration Center. To complete their medical examination, foreign nationals may be required to submit proof of address registration, valid for at least 90 days from the examination date. Once obtained, foreign nationals must personally carry their medical examination results to the local Ministry of Internal Affairs department, where they complete fingerprinting. Foreign nationals must provide a notarized translation of the passport information page for both medical checks and fingerprinting. All personal details, including the Russian spelling of the applicant's name, must match in all relevant documents. Employers and foreign nationals are advised to account for these additional process steps in their travel and work start date planning.

Zambia: Increased Filing Fees – The immigration authorities have revised the filling fees for employment permits to accommodate payments using cards and mobile money. The new fees are effective immediately. The changes are as follows: employment permit filling fee increased to ZMW 18,180 from ZMW 18,000 for card payment and ZMW 18,090 for mobile money; employment permit renewal increased to ZMW 21,210 from ZMW 21,000 for card payment and ZMW 21,105 for mobile money; temporary employment permit filling fee increased to ZMW 13,635 from ZMW 13,500 for card payment and ZMW 13,568 for mobile money. The temporary employment renewal fee has increased to ZMW 15,908 from ZMW 15,750 for card payment, and the fee for mobile payment will be ZMW 15,829. The spouse permit fee has increased to ZMW 2,273 from ZMW 2,250 for card payment and ZMW 2,261 for mobile money payment. The exchange rate at the time of the publication of this update is 1 ZMW = 0.055 USD.