Weekly Immigration Update: September 17–23, 2021
September 23, 2021
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.
- United States: The White House announced a new policy, expected to start in November, that will rescind the existing regional COVID-19 travel bans affecting foreign nationals recently present in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, or the United Kingdom. The new policy will instead require foreign nationals to show proof of full COVID vaccination in order to board a flight to the United States, in addition to the existing COVID testing requirement for all international travelers. In connection with the COVID-19 emergency, Customs and Border Protection (CBP) is extending through October 21 border restrictions that permit only essential travel across the U.S.-Mexico and U.S.-Canada land borders.
- Canada: Immigration, Refugees and Citizenship Canada has expanded and clarified eligibility requirements for Bridging Open Work Permits – which allows foreign nationals to work while their permanent residence application is pending – to include those who are on implied status, are eligible for a restoration of status, or have work permits valid for a remaining duration of over four months.
- Vietnam: While the Prime Minister’s office has issued a new resolution aimed at relaxing certain immigration rules for experts, specialists and technicians, the Ministry of Labour, Invalids & Social Affairs will still need to issue its own directives to implement the relaxed rules.
- France: Effective October 1, 2021, the minimum wage will increase by 2.2% to EUR 1,589.47 per month, up from EUR 1,554.58 per month. Further details are published on our consolidated minimum salary page.
These items and other news from Azerbaijan, Brazil, Cape Verde, the Dominican Republic, Egypt, France, Ireland, Mauritania, Panama, Peru, Saint Lucia, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
U.S. Land Border Restrictions on Travel From Canada and Mexico Extended Through October 21
- CBP border restrictions permitting only essential travel to the United States across Canadian and Mexican land borders will be extended through October 21, 2021. The restrictions do not affect air travel.
- Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
- Visa Waiver and other business travelers may face additional scrutiny at the border.
- “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.
To view entire article, click here.
United States, September 20, 2021
White House To Replace Regional COVID Travel Bans with Vaccination Requirement for All Foreign Nationals
- In a briefing this week, the White House announced a new policy, expected to start in November 2021, that will require all foreign national airline travelers to show proof of full COVID vaccination in order to board a flight to the United States. The requirement will be in addition to the existing COVID testing requirement for all international travelers.
- The White House plans to rescind the regional COVID travel bans currently in place for those recently physically present in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, or the United Kingdom. The bans will remain in place until officially rescinded, which should occur by early November.
- Limited exceptions to the new vaccine requirement may apply to children, COVID-19 vaccine clinical trial participants, and certain individuals traveling for an important reason if they lack access to a vaccine in a timely manner.
- Those permitted to board an airplane without vaccination, including unvaccinated U.S. citizens, will be required to undergo stricter pre- and post-travel COVID testing requirements.
- The new policy is expected to ease travel for many, but processing backlogs at U.S. consulates could increase, which will impede travel for those who need a U.S. visa.
To view entire article, click here.
Canada, September 17, 2021
Expansion of Categories of Foreign Nationals Eligible for Bridging Open Work Permits
- Immigration, Refugees and Citizenship Canada has expanded and clarified eligibility requirements for A-75 Bridging Open Work Permits (BOWPs) to include foreign nationals who are on implied status; who are eligible for a restoration of status; and for those who have work permits valid for a duration of over four months at the time of application.
- BOWPs allow foreign nationals to continue to work while they wait for the adjudication of their permanent residence application.
- The IRCC also enumerated additional requirements for certain categories of BOWP applicants.
- The expansion of these categories will allow additional foreign nationals to continue working in Canada while awaiting a decision on their permanent residence application.
To view entire article, click here.
Vietnam, September 17, 2021
Relaxed Immigration Rules to be Implemented
The Prime Minister’s office has issued a new government resolution, aimed at relaxing the following key immigration rules for experts, specialists and technicians (which had been implemented earlier this year in response to skills gaps and other economic impacts experienced throughout COVID-19):
- Previously-issued work permits will be accepted to prove the applicant’s experience for a new work permit application (i.e., for those applying for new work permits under Decree 152 or those changing employers);
- A bachelor’s degree or equivalent or higher and at least three years of work experience relevant to the job position will be accepted to prove an applicant’s experience;
- Foreign workers who hold a valid work permit in one province can be temporarily transferred/assigned to work in another province for a period up to six months without obtaining another work permit in that province (a work location report, as per the previous rules, need only be filed).
These rule changes, among others, are expected to reduce the mobility-related administrative hurdles in Vietnam that were brought about by Decree 152 and are expected to streamline immigration applications and transfers moving forward, however, the practical impact of the new resolution may not be apparent for several weeks.
To view entire article, click here.
Other weekly news briefs
Brazil/Dominican Republic: Visa Waiver Agreement Implemented in Brazil – A bilateral agreement signed by the governments of Brazil and the Dominican Republic to facilitate movement between the two countries has been officially published in Brazil, confirming visa-free entry for Dominican Republic nationals traveling to Brazil for transit, tourism or business for up to 60 days. Extensions are available for an additional 60 days, for a maximum of 120 days within a 12-month period (counted from the first day of entry). Fragomen is monitoring the implementation of the agreement in the Dominican Republic -- currently under review by the Ministry of Foreign Affairs -- and will report on relevant updates.
Cape Verde: Regularization Process Approved for Foreign Nationals Without Legal Status – The Council of Ministers has approved a process to regularize citizens of the Economic Community of West African States (ECOWAS), Community of Portuguese Languages Countries (CPLP) and other foreign nationals residing in Cape Verde without legal status. The process will start on December 15, 2021 and will last approximately five months (and may be extended). To qualify for the regularization process, affected foreign nationals must have lived in Cape Verde since December 2020 and must have resided in the country continuously for at least one year since then. Applicants for the regularization process will be issued a temporary residence permit and will be exempt from fines for overstaying in the country. The Department of Foreigners and Borders will manage the application process and process steps will be announced before the commencement of the regularization process. The regularization process is intended to foster the integration of foreign nationals and to enable affected foreign nationals to continue to contribute to the economic development of the country.
Egypt: Issuance Resumes for Admission Approvals for Indian Nationals – The Ministry of Manpower has resumed the issuance of admission approvals for Indian nationals in the form of a security code for entry to Egypt. An admission approval is usually issued once a work permit has been approved to enable applicants to apply for entry visas to Egypt through the Egyptian consular representative either in the applicant’s home country or country of residence. Issuance was originally suspended due to the spread of Black Fungus in August 2021. The suspension remains in place for nationals of Bangladesh. Eligible travelers must meet all applicable entry conditions and abide by precautionary measures that have been adopted in Egypt, including COVID-19 PCR testing and quarantine requirements, if applicable.
France: Online Filing Expanded – The following immigration applications can now be filed online via the ImmiPro platform, launched in April 2021: duplicate residence permit; change of address; and “visitor” temporary residence permit (the latter is often used for spouses who are not eligible for other dependent immigration statuses or for retirees). The following applications will soon be available for online filing: change of civil status and family situation effective September 27, 2021; and ‘circulation document for minor children’ effective October 11, 2021. Online processing aims to streamline the application process for applicants and consolidate application steps onto a single platform to remove discrepancies in document requirements between local authorities. Local authorities could still apply their own documentary requirements and process variations, and there may be regional variations to process steps and requirements during the transition phase. Online filing also has the health benefit of removing the in-person filing step from the process, which is especially useful during the COVID-19 pandemic. During the transition phase, technical issues may delay full platform deployment and application processing.
Ireland: Immigration Authority Announces Digitization Program – Immigration Service Delivery, the Irish immigration authority, announced a comprehensive strategy to digitize operations including the use of e-signatures and online forms, to ensure a streamlined process and timely responses despite continued increases in application volume. The strategy is currently in the process mapping phase. Further details on practical steps and an implementation timeline are expected in 2022.
Mauritania: Decree Prioritizing Employment of Locals Forthcoming – The Council of Ministers of Mauritania has approved a draft decree aimed at prioritizing the employment of foreign nationals in jobs where skills cannot be found in the local population. The decree will also modernize the country’s immigration system through the use of online technology to deliver services and will expand employment opportunities for foreign spouses of Mauritanians and those deciding to reside permanently in Mauritania. The new decree was passed in response to the rising level of unemployment in the country caused by the COVID-19 pandemic. Information on the implementation date of the decree has yet to be released.
Panama: Fine for Noncompliance with Labor Laws Increased for Companies – The labor law fine has increased for companies that employ foreign workers without work authorization for the third time. The third time the company is found employing foreign workers without the proper work authorization (regardless of the number of workers found), they will be fined USD 15,000. Previously, the fine was USD 10,000. Upon the third offense, the company can also be subject to cancellation of its operating permit. As a reminder, companies employing foreign nationals in breach of labor laws may be subject to fines of up to USD 500 per unauthorized worker for a first offense and USD 1,000 per unauthorized worker for a second offense. Upon a fourth offense, a company may be subject to permanent cancellation of its operating permit, immediate dismissal of unauthorized workers (with loss of labor benefits) and publication of the company’s name as an offender on the Ministry of Labor’s website. Employers may also be subject to additional fines under Panama’s immigration laws.
Panama: Update on Upcoming Period of Stay Change – The National Immigration Service has published a follow-up resolution exempting nationals of Canada and the United States from the upcoming change to the maximum period of stay in Panama. The maximum allowable period of stay in Panama for tourists and business visitors from Canada and the United States will continue to be 180 days for each visit (as is the rule now), and will not be reduced to 90 days for each visit, which will be the case for other visa-exempt visitors. Extensions are not permissible for visitors granted an initial stay of 180 days. The exemption is based on reciprocity; Canada and the United States currently allow nationals of Panama to remain in their countries for up to 180 days as tourists.
Peru: Apostille and Legalization Processing Delays – Due to a backlog of applications at the Ministry of Foreign Affairs, apostille and legalization appointments are currently being held for four to six weeks or more from the appointment scheduling date, up from the previous one to two weeks. Delays are also being caused by document apostille/legalization rules imposed by the Ministry of Foreign Affairs, such as a limited number of applications allowed per appointment. Foreign nationals and employers should be aware that immigration processes in other countries that require apostilled or legalized Peruvian documents may be delayed. Fragomen will continue to monitor the Ministry’s appointment system and will report on developments.
Saint Lucia: Remote Work Visa Now Allows Longer Stays – According to the government website, Saint Lucia’s “Live It” extended-stay program now allows foreign nationals to apply to the Immigration Department for a multiple-entry visa to travel to and work remotely from Saint Lucia for up to one year. The program previously allowed visits for up to six weeks. Foreign nationals seeking to apply for the visa must have a passport that is valid for at least six months, must demonstrate proof of sufficient funds for their trip, and submit a job letter and an invitation letter (if invited by friends or relatives), among other requirements. Foreign nationals considering a remote work arrangement in St. Lucia should consult a professional for tax and other legal implications.
United Arab Emirates: Private and Government Partnership Program Announced to Increase Emiratization – The UAE government has announced a program called “Nafis” which aims to increase the participation of local talent in the private sector by providing financial support to Emirati workers and their employers and by creating a range of educational and training initiatives for job seekers. Some of the key initiatives of the program include the UAE government participating in the payment of salaries of certain Emirati workers, a five-year support plan for pension contributions for local workers through a rebate scheme, and financial support for local workers who lose their jobs. It is expected that employers in the private sector will be required to increase the number of Emirati employees in their workforce to reach specific targets set by the relevant government authorities. The initial target for employers is expected to be 10% of the workforce for skilled occupations -- to be met in the first five years of the program, whereas current localization rates are much lower. Further details related to the program, including its implementation date and Emiratization targets, are expected to be announced in the coming months.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
