Weekly Immigration Update: March 11–17, 2022

Australia: Restrictions for Many Visa Holders Relaxed – In a new set of concessions to help welcome and retain foreign nationals in Australia, the government has removed the 40-hour per fortnight work restriction for dependent Training (subclass 407) visa holders. This new arrangement applies to existing and new dependent Training (subclass 407) visa holders and will be reviewed in April 2022. Other COVID-19-related concessions have also been added as part of the measures – check the Australia entry on our dedicated COVID-19 website for more information. Additionally, following the reopening of international borders in February 2022 for fully vaccinated visa holders, the Department of Home Affairs is experiencing significant delays in processing across all visa types, particularly for Temporary Skill Shortage visas and for visa holders sponsored by Accredited Sponsors. Fragomen is actively liaising with the Department regarding these processing delays and will provide updates as available. 

Brazil: Humanitarian Visa for Ukrainian Nationals Introduced – Brazil has introduced a new special humanitarian visa for Ukrainian nationals and stateless persons affected by the war in Ukraine to reside and work in Brazil for up to two years initially. The new humanitarian visa is available immediately and until August 31, 2022. Individuals can apply for the visa either at a Brazilian consular post (and register with the Federal Police within 90 days of arrival in Brazil) or in country at the Federal Police in Brazil. Applicants may submit signed declarations in lieu of birth and marriage certificates if they are unable to obtain these documents or unable to apostille, legalize or translate them. There are no government fees for this visa. The visa may be renewed for an indefinite period before it expires if holders have not been absent from Brazil for more than 90 days in a year; have not entered or exited Brazil illegally; have a clean criminal record in Brazil and abroad; and can prove economic means for their livelihood.  

Canada: Additional Immigration Concessions for Ukrainian Citizens – As an update to the previously reported examples of government concessions for Ukrainian nationals in Canada, Immigration, Refugee and Citizenship Canada (IRCC) will be introducing new immigration streams for Ukrainians seeking to enter Canada temporarily or permanently. Temporary options will include a Canada-Ukraine Authorization for Emergency Travel (expected to open by mid-March), which will be available for individuals fleeing Ukraine and seeking to enter Canada temporarily. This pathway will waive many of the regular visa requirements (not including background checks and security screening) and could allow applicants to extend their stay by at least two years. In addition, Ukrainian visitors, workers and students currently in Canada (and new Ukrainian entrants) who cannot safely return home will be eligible for an "open work permit"; and IRCC will defer certain removal proceeding for foreign nationals to Ukraine. Permanent options will include a family reunification permanent residence pathway (expected to open by the end of March) for immediate and certain extended family members of Canadian citizens and permanent residents. More information on these programs is expected to be released by mid-to-late March, as the government of Canada works with the Ukrainian Canadian Congress and other stakeholders to develop these special measures.

Updated 3/17/2022: As an update to the above, Immigration, Refugees and Citizenship Canada (IRCC) implemented the Canada-Ukraine Authorization for Emergency Travel (CUAET). The program grants the following benefits to nationals of Ukraine and their eligible family members (of any nationality) seeking to enter Canada temporarily due to the crisis in Ukraine:

• Eligible individuals can apply (free of charge) for a multiple-entry visitor visa to stay in Canada, which can be extended for up to three years (instead of the usual authorized stay of six months for other regular visitors).
• Eligible individuals can apply for an open work permit (free of charge) with their visa application, which allows them to work independently or for any employer in Canada and can be renewed. They can also apply for a study permit free of charge.  
• CUAET-based applications (which are electronic) will be processed within 14 days from the date of submission (for standard, non-complex cases), instead of the usual processing time, which is much lengthier.
• Applicants will be exempt from completing an immigration medical exam (IME) outside Canada prior to entry (though they may be required to complete medical diagnostic tests for communicable diseases within 90 days of arrival in Canada).

Eligible dependents include a spouse or common law partner; dependent children of applicants, their spouse/partner or their dependent child. CUAET applicants remain subject to background checks (including biometrics) and security screening.

Croatia: New Rules on Stay for Third Country Nationals – The Croatian government has introduced several improvements for the stay and work rights of third-country nationals. First, the application for a work registration certificate is now uniformly done via the official Form 5a rather than by ad hoc processes developed by individual police stations and administrations. This ensures greater consistency in the information and documentation of all applicants. Additionally, immigration authorities are now authorized to obtain documentation needed for the certificate from other government bodies instead of requesting it from applicants. Though this results in fewer administrative hurdles for applicants, it can cause extended processing times; two to three weeks can be expected for the issuance of the certificate. Finally, authorities have introduced an expedited process to obtain residence permits (five days instead of two to three weeks). The price for the expedited service is EUR 60 rather than the standard EUR 32.

Estonia: Estonian Consulates in Russia and Belarus Not Accepting Visa Applications – The Estonian consulates in Moscow, St. Petersburg, and Pskov, Russia and in Minsk, Belarus have temporarily suspended the issuance of visas for Russian citizens. Additionally, visa centers of external service providers in these countries have stopped accepting visa applications. This is due to technical difficulties in the payment of visa fees and service fees arising from the situation in Russia and Belarus. The consulates and service providers will continue to accept applications by Russian and Belarusian nationals seeking to visit family members in Estonia or for applications based on humanitarian grounds, such as illness or the funeral of a close relative. These individuals are exempt from the visa fee. Visa applications are being accepted from Russian and Belarus citizens in the following exceptional cases:

• Applicants whose direct descendant relative (children and their descendants) or ascendant relative (parents and their ascendants) or spouse is an Estonian national, holder of an Estonian residence permit or has the right of residence (EU citizens living in Estonia);
• Those attending a funeral or visiting an ill close relative in Estonia; and
• Applicants traveling to Estonia to receive medical treatment who have a valid medical contract with an Estonian hospital.

Updated 3/17/2022: The Estonian Police and Border Guard Board is still accepting long-term visa applications for Russian citizens entering Estonia on the basis of a valid Schengen visa or EU residence permit. Estonian consulates in other countries excluding Russia and Belarus, are still accepting long-term visa applications for Russian citizens if they are residents of the country where the consulate is located. Additional new restrictions include:

• Initial e-Residency applications from Russian and Belarusian citizens cannot be submitted as of February 24, 2022.
• Processing of pending initial applications submitted by Russian and Belarusian citizens has been suspended.
• Issuance of initial e-Residency digital identification cards to Russian and Belarusian citizens who have not yet picked up their cards is suspended in all e-Residency pickup locations. This decision does not affect Russian and Belarusian citizens who currently hold a valid e-Residency digital identification card.

Poland: Limited Restrictions for Russian Citizens – Polish consulates are limiting the acceptance of applications from Russian citizens to certain types:

• family members of Polish/EU citizens;
• students (state and private university students/exchange students, medical education of any kind);
• holders of Polish Card and their spouses;
• professional cargo drivers;
• Poland Business Harbour (PBH) program participants; and
• medical staff.

Slovakia: Additional Concessions for Ukrainian Citizens and Others – Ukrainian citizens and their family members can apply for Temporary Refuge status at the Foreign Police in person and obtain a "Tolerated Stay" type of permit, which provides fast and unlimited access to the labour market. This status is usually granted within 30 days and will be valid until December 31, 2022. Employers can immediately employ a foreign national with this status, without publishing a vacant position (labor market test) and without obtaining a work permit. The employer must notify the respective Labour Office through an information card within seven business days from the beginning and end of employment. As of March 16, 2022, this status eligibility has been expanded to non-Ukrainian foreign nationals with international protection status in Ukraine granted before February 24, 2022 and their family who were present in Ukraine on or before February 24, 2022, and non-Ukrainian foreign nationals with permanent residence in Ukraine granted before February 24, 2022 who cannot return to their country or region of origin under safe and stable conditions.

Spain: Processing Suspended for Investor/Entrepreneur Visas and Permits for Russian Citizens – Spain has temporarily suspended the issuance of residence permits and visas under the Entrepreneurs’ Act permits for Russian citizens and their dependents. This measure affects permits and visas for investors, entrepreneurs and representatives of business projects. Permits for highly qualified professionals and intracompany transferee permits are not affected.

South Africa: New Requirements for Some Critical Skills Visa Applicants – Following the introduction of the Critical Skills List, foreign nationals in Corporate General Manager and Director positions applying for Critical Skills Work Visas must meet new requirements regarding the size and annual turnover of their organization. Applications that do not provide this information will not be accepted. To qualify for the Visa, the applicants’ organization must meet the thresholds for total full-time employees and total annual turnover that qualify as a medium enterprise or larger, as published by the Department of Higher Education and Training.

South Korea: Concessions for Ukrainians – Ukrainian citizens currently residing (legally) in South Korea on both short and long-term visas can avail themselves of the following concessions:

• Individuals who cannot extend their current South Korean visa will be able to continue to stay and work in South Korea based on a temporary visa status adjustment;
• Individuals who are able to extend their current South Korea visa will be allowed to proceed with the renewal process;
• Individuals who have overstayed their legal status in South Korea due to the conflict in Ukraine will not be deported while the conflict continues; and
• The automatic extension is not available for foreign nationals who are in violation of the law (e.g. unpaid national medical insurance premiums or personal income taxes in South Korea).

United Kingdom: Visa Processing Delay due to Ukraine Prioritisation – The UK Visas and Immigration department announced that due to prioritisation of Ukraine Family Scheme applications, processing times for general visa and immigration applications are expected to increase. This would affect applications for study, work and family visas, among others. Additionally, 'priority' and 'super priority' visa services have been temporarily suspended due to the priorisation of new visa applications. In the United States, Gold and Silver consular services are suspended until further notice. Affected applications will be downgraded to the next available service level. Standard visitor visas are currently taking approximately six weeks to process.

United Kingdom: Humanitarian Visa for Ukrainian Citizens Forthcoming – Effective March 18, Ukrainian citizens and their close family members will be able to apply under the new "Homes for Ukraine" scheme by being matched with UK sponsors who are registered under the scheme. Communities, private sponsors and local authorities are eligible to register as sponsors if they can offer accommodation for at least six months. Security checks will be performed for both sponsors and applicants. Successful applicants will receive a three-year visa including work authorization, access to public services and other social benefits.

Worldwide: Ramadan Closures – Government offices across the Middle East, North Africa and parts of Asia will be working reduced hours during the month of Ramadan, which may affect processing times for all immigration applications. Foreign nationals and employers should expect processing delays which can continue in the weeks following Ramadan. This year, the month of Ramadan is expected to last from April 1 or 2 until May 2, 2022; however, the exact dates depend on a lunar sighting and will be announced for each country separately. Fragomen will report on these dates as soon as they are announced.