Weekly Immigration Update: July 1–7, 2022

Albania: Delayed Implementation of New Immigration Law – The implementation of Albania’s immigration law changes, which will introduce a legislative framework for a single permit for work and residence called the Unique Permit, has been delayed until September 2022, from the mid-2022 projection previously published. As the Unique Permit would be available for digital nomads, the delayed implementation will impact the possibility to apply for this visa type. Fragomen will report on relevant developments.

Australia: Increase in Superannuation Guarantee Rates Affecting Certain Visa Holders – The Australian government has increased the Superannuation Guarantee (SG) percentage rate to 10.5%, up from 10%, and will further increase the rate in increments of 0.5% on July 1 of the next three years. The SG dictates the minimum percentage of earnings that an employer must pay into a superannuation fund and is a compulsory employer contribution. The Australian government sets and indexes this percentage. Packaged employees, who are subject to a salary package inclusive of superannuation, including any Temporary Skills Shortage (TSS), Subclass 457 and Subclass 494 visa holders whose employment contract specifies that their salary includes superannuation, will generally see their base salary decrease by the amount the SG was increased. Employers must ensure compliance with requisite immigration obligations by adjusting their affected sponsored visa holders’ base salary to ensure that they continue to be paid their approved Guaranteed Annual Earnings (as required for TSS, Subclass 457 and Subclass 494 visa holders) or by applying for new TSS nominations to rectify decreased earnings for sponsored visa holders.

Australia: New Job Advertisement Portal Implemented – The Australian government announced that employers who are required to advertise positions because of labor market testing requirements must do so through the Workforce Australia Online portal instead of the JobActive website, effective July 4, 2022. To ensure that businesses are not disadvantaged by the change, the government is automatically migrating all advertisements from the JobActive website onto the new labor market testing platform. Applicants with JobActive accounts are no longer able to access these accounts but may continue to use their existing credentials and sign-in details to sign into the new Workforce Australia Online platform.

Belarus: Temporary Visa-Free Entry for Polish Citizens Introduced – Until December 31, 2022, Polish citizens can enter Belarus without a visa for tourism or business for an unlimited number of times and for stays of up to 90 days. For visa-free entry to Belarus, Polish citizens must present a valid document for traveling abroad (such as a valid passport or other document for traveling abroad issued by relevant foreign authorities or international organizations), car insurance certificate ‘Green card’ (if traveling by car), and proof of medical insurance. Also until December 31, 2022, Polish citizens can visit the border zone without a pass for the right to enter issued by Belarusian authorities.

Belgium: In-Country Status Change Forthcoming – The Belgian government is working on draft legislation that would allow dependents or temporary protection status holders to apply for an in-country change of status to an employment-based sponsored permit under standard in-country processing. Currently, these foreign nationals must apply from abroad which delays the process and is not always feasible. The implementation date of this change and application process have not yet been published.

Belgium: Families Residing in Brussels Must Complete Civic Integration – Effective July 1, 2022, the Brussels region requires mandatory civic integration for family members of employment-based permit holders who are staying in the region for over three months. Individuals subject to integration requirements are required to enroll in an integration course within six months of receiving a valid residence permit and must complete the integration program within 18 months of enrollment. Family members with prior education in Belgium may be exempt; however, current permit holders are not exempt from this requirement. Authorities are expected to be lenient in penalizing individuals for late or incomplete integration during a transitional phase.

Cameroon: Skills Transfer Plan Requirement Introduced – Effective immediately, the Ministry of Employment and Vocational Training has issued a directive requiring work permit applications to be accompanied by information about a Cameroonian national who will be an understudy of the foreign national. This new rule is aimed at transferring skills to a local resource who will take over at the end of the work permit.

Cameroon: eVisa to be Launched – The Ministry of External Affairs announced the launch of an eVisa system by the end of 2022 for tourists and business travelers, although details of the eVisa have not yet been released. When implemented, the eVisa system is expected to include the ability for consular posts to provide biometric visas to eligible foreign travelers. The move to modernize the issuance of the country’s visas is in line with its long-term plan to become a digital economy by 2035. 

Denmark: Danish Master Graduates Permitted to Work More Quickly – Foreign nationals who obtained a master’s degree at a Danish university may start working in Denmark from the time they apply to change status to an employment-based permit. Applicants must have a local job offer to be eligible. Most employment-based permit types are eligible for this expedited work start, including the Positive List Program for listed shortage occupations, Pay Limit Scheme for those meeting a high salary threshold, and the researcher permit, among others. Previously, applicants required permit approval to start working, which currently takes one to four months to process.

Denmark: Positive List of Shortage Occupations Updated – The Danish immigration authority updated the Positive Lists for graduates and skilled workers, notably removing the job titles ‘Information Technology architect’ and ‘electronic engineer’, and adding the job title ‘Information Technology consultant’. The Positive Lists designate shortage occupations eligible for a Positive List Program residence and work authorization in Denmark. These changes do not affect current Positive List permit holders, who can renew their permits provided they continue to meet general renewal conditions, even if their job title was removed from the Positive List.

Denmark: Relaxed Fast-Track Sponsorship Criteria Forthcoming – Starting December 1, 2022, Fast-Track immigration sponsorship will be accessible to eligible Danish employers with at least 10 full-time employees, down from 20. Fast-Track sponsors benefit from expedited government processing (currently 30 to 60 days compared to the standard 90 to 120 days). Additionally, visa-exempt nationals and Schengen visa holders sponsored by Fast-Track certified employers can start working while their applications are being processed, whereas other applications require approval.

Dominican Republic: Yellow Fever Vaccination No Longer Required for Travelers – The General Immigration Directorate is no longer requiring travelers arriving from Venezuela or Brazil to present a yellow fever vaccination certificate to enter the country. The government had implemented this requirement in late 2021 in response to concerns of yellow fever outbreaks at the time.

Ecuador: Changes to Short-Term Visa and Mercosur Visa Categories Implemented – The Ministry of Foreign Affairs and Human Mobility has implemented several changes for the stay and work rights of foreign nationals. Firstly, Mercosur nationals can now renew their Temporary Mercosur Visa for an additional two years, whereas previously Mercosur Visa holders were required to seek permanent residence or another type of visa after two years to remain in the country. Additionally, the Ministry has decreased the maximum period of stay in Ecuador for Short-Term Visa holders (Visa de Excepción de Corta Duracion) to 180 consecutive days from the date of issuance of the visa. Previously, the maximum allowable stay for Short-Term Visa holders was 180 consecutive or cumulative days in a 12-month period from the date of visa issuance. Lastly, Short-Term Visa applicants must now submit an apostilled/legalized police clearance certificate from the countries of residence in the past five years in support of their application, which was previously not required.

European Union/Bahrain/Kuwait/Oman/Qatar/Saudi Arabia: Possible Visa Waiver Forthcoming – EU authorities and the Gulf Cooperation Council are negotiating the abolishment of Schengen visa requirements for citizens of all Gulf countries. Currently, only United Arab Emirates citizens are visa exempt when seeking business or tourist travel to Schengen Area Countries. EU authorities had already proposed to abolish the visa requirement for citizens of Kuwait and Qatar. Further negotiations are expected in the next few months.

Portugal: Forthcoming Immigration Bill Relaxes Regulations – The Portuguese government has drafted a legislative proposal seeking to streamline entry to Portugal. The law is expected to be approved when Parliament returns to session in September. The proposal includes permitting visa issuance to nationals of Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea-Bissau, Mozambique, Sao Tome and Principe, and Timor-Leste (Portuguese speaking countries) after completion of a simple background check without requiring a lengthier immigration assessment; creating a six-month jobseeker visa; permitting temporary stay or residence visa issuance for the purpose of remote work; removing labor market testing for Residence Visa for Local Hire applicants; expanding the scope of students permitted to perform work activities to secondary school and vocational students and interns, among others; granting provisional tax, social security, and national health service identification numbers to residence visa applicants to expedite their local registration; and expanding the duration of certain permits, including increasing temporary residence permits and EU Blue cards to two years, up from one year, and which would be renewable in three-year increments, up from two-year increments.

Saudi Arabia: ​​New Saudization Requirements for Select Professions in Aviation, Customer Service Centers and Other Sectors – Effective immediately, the Ministry of Human Resources and Social Development has issued several decisions related to hiring a certain number of Saudi nationals (Saudization ratio) and other employment requirements for select professions in the following economic sectors: aviation, optics, postal delivery services, vehicle service centers, customer service centers, and select sales outlets. These professions were previously unaffected by Saudization rates; affected employers are advised to review and to comply with this new guidance to meet the effective target dates. Non-compliant employers will be subject to penalties, including the suspension of new work permits and employment transfers.

Togo: New eVisa and Immigration Website – Immigration authorities have introduced an eVisa system for tourists and business travelers and an overhauled website for immigration. The eVisas are issued for durations of 15, 30 or 90 days and can be issued as single or multiple entry. The website includes all immigration services rendered by the country and information on COVID-19 requirements. The launch of the eVisa portal is part of the government's aim to improve access to tourists and business travelers.

United Arab Emirates: Amended Conditions for Tawteen Partners Club Platinum Membership – The Ministry of Human Resources and Emiratization (MOHRE) has amended conditions for private sector employers registered outside of free zones to become members of the Tawteen Partners Club. This initiative offers benefits and incentives, including reclassification of a company to a higher category and fast-tracking for employment-related transactions. According to the new conditions, which only apply to the Platinum membership, employers must either increase their number of local workers (Emiratization ratio) by at least three times the prescribed annual Emiratization ratio (provided the number of Emirati employees is no less than 30 additional workers) or participate in the Nafis program by hiring and training a minimum of 500 Emirati nationals per year. Affected employers seeking Platinum membership must continue to comply with all applicable UAE employment and labor regulations, in addition to adhering to at least one of the new conditions, as it is expected that Tawteen Partners Club members will be subject to regular MOHRE compliance inspections.