Weekly Immigration Update: October 14–20, 2022
October 20, 2022
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- Malaysia: Certain registered companies who plan to submit Professional Visit Pass (PVP) and Employment Pass applications in 2023 are required to submit projections for the number of foreign nationals they wish to sponsor under PVPs as soon as possible.
- United States: The Department of Homeland Security’s (DHS) new Deferred Action for Childhood Arrivals (DACA) regulation will not take effect on October 31 as originally scheduled, following a federal district court’s ruling. However, the ruling preserves the current partial stay of an injunction against the program, allowing current DACA beneficiaries to continue to maintain and renew DACA protection. Venezuelan citizens and their immediate family members can now be sponsored for parole via a new DHS entry process.
- Namibia: A Digital Nomad Visa is now available to foreign nationals intending to work remotely for companies outside of Namibia.
- United Kingdom: The UK government amended the UK Immigration Rules in a new Statement of Changes. Most of the changes relate to the Global Business mobility route, among other more minor amendments.
- Minimum salary levels: In Portugal, the government confirmed the correct minimum salary level for remote workers, as detailed in our news brief. Belgium published comprehensive minimum salary requirements for all regions and permits, as detailed in our consolidated alert.
- Schengen Area/Vietnam: France’s government confirmed that French visa applicants in Vietnam must submit a passport listing their place of birth. See our consolidated alert for details.
These items and other news from Argentina, Australia, Austria, Equatorial Guinea, the European Union, France, Hong Kong SAR, India, New Zealand, Saudi Arabia, the Schengen Area, Singapore, Sweden, Ukraine, the United Arab Emirates, the United Kingdom, the United States, Vietnam, and Zambia follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United Kingdom, October 20, 2022
Updates to UK Immigration Rules in Statement of Changes
The UK government amended the UK Immigration Rules in a new Statement of Changes. Key changes include:
- Updates to several Global Business Mobility routes, including a revision to the Service Supplier sub-route, enabling permanent residents of Australia and New Zealand to qualify for this route via a free trade agreement;
- An update allowing foreign nationals from British Overseas Territories to apply for a student visa without proof of English fluency, as was previously required; and
- Citizens of Colombia, Guyana, and Peru have been removed from the visa national list and can now enter the United Kingdom as visitors without needing to apply for pre-travel authorisation.
To view entire article, click here.
Hong Kong SAR, October 19, 2022
Policy Address Announces New Initiatives to Attract Talent
- Hong Kong SAR Chief Executive John Lee has delivered the first Policy Address of the new administration, which includes initiatives to attract business, investment and talent to raise Hong Kong SAR’s international competitiveness.
- A new Top Talent Pass Scheme will be introduced for individuals who have been earning at least HKD 2.5 million a year, or those who have graduated from the world’s top 100 universities and have at least three years of work experience.
- Employers will also benefit from the relaxation of the General Employment Policy scheme and the Admission Scheme for Mainland Talents and Professionals, including the elimination of the labour market test for certain occupations or high income earners, among other plans to boost the economy
To view entire article, click here.
United States, October 18, 2022
Parole Process for Venezuelan Citizens Opens Today
- Starting today, Venezuelan citizens and their immediate family members can be sponsored for parole via a new DHS entry process.
- To qualify, applicants must be outside the United States, be a citizen of Venezuela or the spouse, common law partner, or unmarried child of a Venezuelan citizen, have a U.S.-based sponsor, and undergo security vetting, along with several other criteria.
- U.S. sponsors initiate the process by filing a declaration of support with USCIS, certifying their commitment to provide financial and other support to named beneficiaries.
- Approved beneficiaries are eligible for parole into the United States and work authorization for up to two years.
To view entire article, click here.
Malaysia, October 18, 2022
Companies Must Submit 2023 Employment Pass and Professional Visit Pass Projections
- Companies in Malaysia registered with the Expatriate Services Division (ESD) and the Malaysia Digital Economy Corporation Sdn. Bhd. (MDEC), who plan to submit Professional Visit Pass (PVP) and Employment Pass applications in 2023 are required to submit projections for the number of foreign nationals they wish to sponsor under PVPs as soon as possible.
- The ESD has started accepting projection applications and the MDEC will start accepting projection applications starting November 1, 2022.
- Although there is no deadline for submission, affected employers who do not have approved projections for 2023 cannot submit initial or renewal work pass applications until they obtain the required approval.
- Foreign nationals already in Malaysia may need to leave if their new work passes cannot be obtained prior to the expiry of the current one
To view entire article, click here.
United States, October 17, 2022
District Court Rules Against New DACA Regulation But Preserves Status Quo for Current DACA Beneficiaries
- A federal district court in the Southern District of Texas has confirmed that its injunction blocking the Department of Homeland Security’s 2012 DACA memorandum also blocks the agency’s new DACA regulation, published in August 2022.
- The DACA regulation will not take effect on October 31, 2022 as originally scheduled.
- However, the lower court’s ruling preserves the current partial stay of its injunction, allowing current DACA beneficiaries to continue to maintain and renew DACA protection.
- DACA beneficiaries should continue to file renewals as soon as possible, as further DACA litigation activity is expected.
To view entire article, click here.
Namibia, October 14, 2022
Remote Work Visa Introduced
- A Digital Nomad Visa for foreign nationals intending to work remotely for companies outside Namibia has been launched.
- The visa is valid for six months, with the possibility of renewal for another six months at a time.
- Applicants must email an application form to a dedicated government email address. The timeline for issuing the visa after processing is yet to be announced
To view entire article, click here.
Sweden, October 14, 2022
New Passport Control Requirement Forthcoming for Residence Permit Applicants
- Starting November 1, 2022, foreign nationals applying for residence permits in Sweden will need to present their original passport in person before an approval can be granted, instead of the current process where visa-exempt applicants can submit biometrics in Sweden once the application has been approved.
- The change will not affect initial applications by visa required applicants, who present their passport when submitting biometric data (a photograph and fingerprints) as part of their visa or residence permit application.
- For renewal applicants, the new requirement only applies to individuals who obtained a new passport during their stay in Sweden; this does not affect those who already presented their passport in person previously.
To view entire article, click here.
Other weekly news briefs
Argentina, October 20, 2022
Expedited Processing Alternative for In-Country Applications Available
Australia, October 20, 2022
Health Examination Waiver for Temporary Visa Applicants
Austria, October 19, 2022
Easier Change of Employer for EU Blue Card Holders
Austria, October 19, 2022
Work Permit Expanded to Include Short-Term Local Hires
Equatorial Guinea, October 20, 2022
Increased Checks for Undocumented Foreign Nationals
European Union/Schengen Area, October 14, 2022
Update on Schengen Border Checks
European Union/Ukraine, October 14, 2022
Talent Pool Seeks to Match Displaced Talent with Employers
France, October 19, 2022
Reciprocal Working Holiday Visa for Peruvian Citizens Available
India, October 20, 2022
Government Processing Delays
New Zealand, October 14, 2022
Changes to the Parent Resident Category Visa Forthcoming
New Zealand, October 20, 2022
Processing Time Updates for the Accredited Employer Work Visa and Specific Purpose Visas
Saudi Arabia, October 18, 2022
Saudization Requirements for Employers in Consulting Sector
Singapore, October 20, 2022
Updated Vaccination Requirements for New Pass Applications
United Arab Emirates, October 17, 2022
Three-Year Limit Removed from Private Sector Employment Contracts
United Kingdom, October 19, 2022
Broader Access to Children of BN(O) Hong Kong Status Holders
United States, October 14, 2022
September 2022 DOL PERM and PWD Processing Times
Vietnam, October 20, 2022
Additional Requirements for Job Position Approvals in Ho Chi Minh City
Zambia, October 19, 2022
New Business and Tourism Visa Waiver in Effect
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.