Weekly Immigration Update: January 7–13, 2022

Belgium/Luxembourg: Delayed Long Stay Visa “D” Processing for VFS in the Philippines – The Belgian Visa Facilitation Service (VFS) and Luxembourg VFS office in the Philippines are experiencing processing delays. The standard government processing time for this visa was previously two to three weeks, but is now up to 12 months. Applicants should plan for this delay and should submit applications early to avoid start date delays.

India: Deadline Extended Further for Re-Issuance of OCI Cards – The deadline for individuals holding Overseas Citizen of India (OCI) cards to have their new cards re-issued with new passport numbers has been extended further to December 31, 2022, from a previous deadline of December 31, 2021. According to current regulations, OCI cards must be re-issued each time a cardholder who is 20 years of age or older, obtains a new passport.

Ireland: Dublin-based Applicants to Schedule Registration Appointments by Phone – Effective the week of January 10, 2022, Dublin-based Irish Residence Permit card applicants seeking initial registrations must schedule appointments by phone instead of online. The Irish authorities have retired the current online system  and are expected to launch a new online booking system this year. Applicants frequently encountered problems with the outgoing system due to third-party 'block booking' and appointment availability issues - challenges that are common in online appointment booking systems across Europe. The new system, when launched, is expected to rectify these problems. Fragomen will publish an update when further details are available.

Kazakhstan: Visa Waiver Resumes for 54 Countries – The visa waiver program for nationals of 54 countries for business and tourism, suspended in 2021 due to the pandemic, has resumed. Nationals of these countries can travel to Kazakhstan for up to 30 days per trip, not exceeding 90 days in a 180-day period. Unless exempt, travelers must obtain Interdepartmental Committee (IDC) entry permission before travel under pandemic-related restrictions. Similarly, the transit visa waiver for nationals of India and Mainland China has resumed. These nationals can once again transit through Kazakhstan without requiring an additional visa. Note that travel to Kazakhstan is affected by current political events.

Luxembourg: Significant Increase in Digital Inspections – Luxembourg authorities are conducting a significantly increased number of audits, particularly checking compliance with posted worker rules. Inspections target immigration, tax, social security and labor law compliance. Supporting documents are now typically required to be in French and German, where they were previously accepted in English as well. As inspection officials typically grant only 15 days to provide additional information or correct documents before imposing fines, employers are advised to arrange document translations in a timely manner. A significant number of audits are conducted via the online posted worker notification platform and are not conducted at the physical worksite. Fragomen will monitor the situation and will report on relevant developments.

Montenegro: Relaxed Requirements for Work and Residence Permits – The government of Montenegro has introduced two amendments to work and residence permit documentary requirements and processes. An offer of employment is now considered to be valid proof of means of support for employment-based work and residence permits; additional documents, such as pay slips, are no longer required. The offer of employment must state that the future employer will pay at least the minimum net salary (currently EUR 450) to the foreign national. Additionally, foreign nationals may authorize their employer, legal representative, or any other individual to take over their residence permit or work and residence permit. This must be requested during the filing of the initial residence or work and residence permit and must be approved by a police clerk.

Russia: Upcoming Deadline for Q4 2021 Salary Notifications for Highly-Qualified Specialists – Employers have until January 31, 2022 to file fourth quarter notifications for salaries paid to highly-qualified specialists (HQS) using new notification forms. The notification must state the salary paid to HQS from October 1, 2021 through December 31, 2021. The reported HQS salary should be no less than RUB 167,000 per calendar month or RUB 501,000 per quarter (if there was a break in work during the reported period). Violations of the established notification procedures, including failure to notify, will result in administrative fines for the employer.

Singapore: Further Delays in Issuance of Vaccination Verifications Prolonging Visa Application Processing for Certain Dependents – Fragomen has observed that Vaccination Requirements (VR) applications are taking longer than two months to process, which is up from the government-published standard processing time of 10 working days, and even beyond the 20 working day processing time during periods where the government experiences a higher volume of applications. The Verification of VR approval from the Health Promotion Board (HPB) in Singapore – to confirm the completion of measles and diphtheria vaccinations according to Singapore schedule – must be obtained before immigration pass (Dependant Pass, Long Term Visit Pass or Student Pass) applications can be filed for foreign-born children 12 years old and younger.

Sweden: Fast-Track Company Registration Applications to be Temporarily Suspended – The Swedish Migration Agency will not accept applications for sponsoring companies to register under the Fast-Track program between February 1 and March 31, 2022. Fast-Track registered companies benefit from expedited and streamlined processing. Complete applications filed by close of business on January 31, 2022 will still be processed in approximately four weeks. Applications requiring additional documents or information will be placed on hold until April 1, 2022. Companies are advised to submit extensive supporting documents and information on their operations to prevent such additional information requests. Companies interested in registering under the Fast-Track program are advised to seek immigration counsel and/or apply by January 31, 2022. The temporary suspension does not affect work authorization applications for foreign nationals sponsored by registered Fast-Track sponsoring companies.

United Arab Emirates: New Business License for Freelancers Announced in the Dubai Airport Free Zone – The Dubai Airport Free Zone Authority has announced the introduction of a special business license for freelancers seeking to do business in the fields of art, consulting, marketing, media, technology, and education. The new license, called “Talent Pass,” is available to self-employed individuals with specific skills and expertise. License holders can practice commercial activities within the Free Zone based on a three-year employment residence permit. The Authority has not yet published eligibility criteria and information on the application process for the License.

United States: Latest DOL PERM and PWD Processing Times – As of December 31, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2021 or earlier, and processing audited cases with priority dates of March 2021 or earlier. DOL is working on standard reconsideration requests that were appealed in July 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in April 2021 (OES) and March 2021 (non-OES), and H-1B requests filed in May 2021 (OES) and March 2021 (non-OES). The agency has been processing PERM and H-1B redeterminations requested in November 2021. PERM center director reviews requested in December 2021 remain pending. These reports are available on the DOL FLAG page.