Weekly Immigration Update: September 2–8, 2022

Australia: Government Summit Discusses Post-COVID Recovery Efforts – The Australian government hosted a Jobs and Skills Summit to discuss strategies around post-COVID-19 economic recovery efforts, with migration as a key area of focus. The 2022-23 Migration Program that was originally announced as consisting of 160,000 places will be increased to 195,000 places. The Minister for Immigration also announced an AUD 36.1 million funding boost to clear Australia’s visa backlog, with the hiring of 500 additional staff over the next nine months to work through the 962,000 visa applications that were pending when the Labor government took office in May 2022. Fragomen welcomes these measures to address the current workforce shortages and delays in processing.

Bahrain: New Training Visa Available – The Nationality, Passports and Residence Affairs Authority has introduced a six-month multiple-entry e-visa for training purposes which allows foreign nationals conducting or undergoing occupation-based training to stay in Bahrain for up to six months. The visa costs BHD 60 and is extendable for an additional six months. Applicants can apply online by providing a letter from a host entity in the private or government sector outlining the purpose and scope of the training, in addition to other details.

Denmark/Argentina: Working Holiday Applications Resume October 1 – Effective October 1, 2022, eligible Argentinian citizens can once again apply for a Danish Working Holiday residence permit. Applicants must be between 18 and 31 years old and must hold sufficient funds and health insurance for their duration of stay. Starting October 1, the Working Holiday Scheme for Argentinian citizens will be subject to a quota of 150 spots per year. In addition to the forthcoming program for Argentinian nationals, Denmark currently also offers Working Holiday Schemes to citizens of Australia, Canada, Chile, Japan, New Zealand and South Korea, with specific age and funding requirements  based on the relevant bilateral treaty. These schemes were suspended during the pandemic, but reciprocally resumed in November 2021. Like Argentinian citizens, Chilean citizens are also currently subject to a 150-spot quota, released in two increments.

Dominican Republic: Possible Processing Delays During Transition to New Immigration Officials – The President of the Dominican Republic recently appointed a new Director of the General Directorate of Migration - which has authority over immigration processes in the Dominican Republic - and a new Vice Minister of Consular and Immigration Affairs of the Ministry of Foreign Affairs - which has authority over all consular visas to the Dominican Republic. As a result, immigration application processing could be delayed for the next several months during the transition. This includes Residence Permit applications, which are processed by the General Directorate of Migration, and Multiple Entry Business Visas and Business Visas for Employment Purposes, which are processed by the Ministry of Foreign Affairs. Forthcoming policy changes are also possible. Fragomen is monitoring the situation and will report on relevant changes as they occur.

Ireland: Electronic Employment Permits Now Permanent – The Department of Enterprise, Trade and Employment has confirmed that it will continue to issue electronic employment permits as an extended and revised version of the policy implemented during COVID-19. While valid, these employment permits were unsigned and in PDF format, and did not have employment permit numbers. Effective immediately, electronic employment permits will be digitally signed and issued with a unique employment permit number. This is expected to increase the security of these documents and make renewal easier for employers and foreign nationals. Foreign nationals will continue to be able to use the soft-copy permits for travel and visa applications. This is part of a wider process of enhancing customer service in the immigration arena in Ireland.

Ireland: Doctors to Benefit from Streamlined Stamp 4 Process – A new streamlined scheme allows medical doctors with a General Employment Permit (GEP) to apply for Stamp 4 immigration status after 21 months. Eligible applicants who apply before October 31, 2022 will benefit from a streamlined Stamp 4 application process during which they will only need to submit one application, when usually two separate applications are required. This change is part of a wider scheme to accommodate non-European Economic Area medical doctors in Ireland.

Japan: New E-Visa Introduced for Canadian and U.S. Nationals  – U.S. nationals in the United States and Canadian nationals in Canada are now eligible for a new single-entry 90-day e-visa to Japan for business, visiting relatives, or tourism. E-visa applicants must present a digital copy of their issuance notice upon entry at the Japanese airport; cannot engage in hands-on work or for-profit activities; and must obtain a Certificate of Registration. As background, due to the suspension of the visa exemption program, all foreign nationals (except those with a valid residence card) must apply for a visa through an overseas Japanese consular post (though U.S. and Canadian nationals can apply for the e-visa).

Mexico: INM Implements Credit Card Payment Pilot Program – The National Immigration Institute (INM) is now accepting credit card payments for all immigration applications filed in Mexico City. Only Visa and Mastercard are currently accepted. Previously, applicants who were not able to pay the government fees before their filing appointment did not have the option to pay on-site by credit card. Applicants who do not pay fees in advance or on-site by credit card must obtain a “payment code” upon submitting their application; visit the bank in-person to pay the fees; and return to the INM office with the payment receipt to finalize their application. The credit card pilot program is part of the INM’s digitalization efforts and is expected to expedite the application submission process for many foreign nationals. The INM is likely to expand the program to other branches in the coming months.   

Mozambique: Short-term Work Permit Validity Extended – An amended decree extends the validity of short-term work permits (STWP) to 120 calendar days, up from the previous 90-day validity. Additionally, the government expanded the definition of ‘occasional work’ relevant to STWPs (these permits allow such work). Foreign nationals can now qualify for a STWP if they perform any occasional work, and not just occasional work that is unpredictable and involves a high degree of specialized scientific or technical professional knowledge, as was previously required. The government does not define ‘occasional’, and this determination is discretionary. Lastly, employers are reminded of the standard procedure of providing their company tax certificate upon submission of their initial quota and work authorization applications. Such certificates have a new validity of one year from the date of issuance, up from 90 days. As the authorities implement the amended decree, there may be also other impacts to immigration practice. Fragomen will report on relevant changes accordingly.

Poland: Business Harbour Program Expanded – The Poland Business Harbor Program, which makes relocation to Poland for information technology professionals and companies more streamlined, has been extended to companies from other industries. This program, which expanded eligible nationalities in July 2021, now includes companies with nationals of any country seeking to enter Poland to implement projects of significant importance to the Polish economy. Companies seeking to use this entry route must register with the Polish Investment and Trade Agency. Successful applicants are issued a visa that allows work without a work permit, allows them to set up a business, and allows their dependents (spouse and children) to travel with the primary applicant on the visa.

Poland: Transit Visa Now Required for Armenian Nationals – Effective immediately, Armenian nationals transiting through Polish airports in order to leave the Schengen Area now require a transit visa, which costs EUR 80. Exceptions include those with a visa issued by a Schengen Area country; those with a visa or residence permit issued by an EU or Schengen Area country; and immediate family members of EU citizens, among others as listed on the government website. As background, the only other nationals who require a transit visa in Poland are those from Cuba and Sudan. Additionally, all EU countries require a transit visa for nationals of Afghanistan, Bangladesh, the Democratic Republic of Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia, and Sri Lanka.

South Africa: Further Extension of Stay for Holders of Expired Zimbabwe Exemption Permits – The extension of stay implemented in December 2022 for holders of expired Zimbabwe Exemption Permits (ZEP) has been extended until June 30, 2023, from December 31, 2022, . Zimbabwean nationals who hold expired ZEPs can continue to remain in South Africa until June 30, 2023 – an extension of six more months -- while applying for other visas. The extension has been implemented to incentivize more Zimbabwean nationals to apply for a visa or a waiver in South Africa and will likely be the last extension. As a reminder, during the extended period, ZEP holders will not be arrested, deported, or detained for not having a valid permit; they will not be declared illegal; they will be allowed to enter and depart South Africa, provided they comply with entry and departure requirements; and they will not be required to provide an authorization letter (showing good cause for the expiration of their permit or waiver) to remain in South Africa or to apply for any other visa within South Africa.

South Africa: Centralization of Long-Term Visa Application Adjudication Withdrawn –  Effective September 1, 2022, the centralization of long-term visa application adjudication at the Department of Home Affairs has been withdrawn. Consular posts now have the right to process and issue long-term visas. This comes after the Department of Home Affairs issued a directive in January 2022 that centralized the adjudication for all long-term visa applications received by diplomatic missions abroad. The shift back to consular posts is due to the delayed processing times for long-term visas. The Department of Home Affairs has not yet confirmed the transition process, new visa processing times, and other terms, including confirmation of applications that the Department of Home Affairs has already processed.

Spain: Digital Nomad Visa Remains Pending – Introduction of a Digital Nomad Visa, which was initially announced in December 2021, remains pending. Under the current government proposal, foreign nationals seeking to work remotely from Spain for their foreign employer would be able to apply for a one-year Digital Nomad visa. Upon arrival, successful applicants would be permitted to extend their status by applying for a three-year residence permit (renewable for another two years), or a permit validity duration consistent with their employment contract duration, if shorter. After five years’ stay, eligible applicants could apply for permanent residence. The current government proposal would permit remote work from Spain as well as local work for up to 20% of the visa holder's total professional activity duration, but this may be subject to amendment. The implementation date and further eligibility details (e.g., income and document requirements) remain pending. Fragomen will publish an alert when details are confirmed.

United Arab Emirates/Saudi Arabia: Special Visa Programs for FIFA World Cup to Facilitate Regional Travel – Immigration authorities in the United Arab Emirates and Saudi Arabia will soon start issuing multiple-entry visit visas to attendees of the FIFA World Cup tournament in Qatar holding a Hayya Card. The UAE visa will allow its holder to stay in the country for up to 90 days, and the Saudi visa will permit a stay of up to 60 days. Visitors traveling to any of the two countries will not be required to enter Qatar first. The application process in the United Arab Emirates will start on November 1, 2022, and a start date for the application process in Saudi Arabia will be announced shortly. These special visa programs aim to promote tourism in the region during the FIFA World Cup tournament season. Note that Hayya Card holders must have a purchased ticket before applying for this visa.

United States: Employment Authorization for Individuals Covered by DED for Liberia – On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice extending and expanding eligibility for Deferred Enforced Departure (DED) for Liberians and explaining how eligible Liberians may apply for Employment Authorization Documents (EADs). On June 27, 2022, President Biden issued a memorandum extending and expanding DED for Liberians for 24 months. Eligible Liberian nationals covered under DED as of June 30, 2022, may remain in the United States through June 30, 2024. The president’s memorandum also defers the removal of any Liberian national, or individual without nationality who last habitually resided in Liberia, who has been continuously physically present in the United States since May 20, 2017, and who meets DED eligibility criteria. The memorandum also extends employment authorization for individuals covered under DED for Liberia through June 30, 2024. USCIS is automatically extending the validity of Liberian DED-related EADs through June 30, 2024, for those who already have an EAD with a Category Code of A-11 and a “Card Expires” date of March 30, 2020; January 10, 2021; or June 30, 2022. These EADs remain valid, even though their facial expiration date has passed. There is no application for DED. Eligible Liberians covered by the memorandum may apply for an EAD by filing Form I-765, Application for Employment Authorization.