Weekly Immigration Update: September 9–15, 2022

Canada: Transition to Online Applications for Permanent Residence – Starting September 23, 2022, Immigration, Refugees and Citizenship Canada (IRCC) will begin transitioning to digital applications for most permanent residence programs. The implementation will be in phases throughout September and October 2022, according to a published schedule. With limited exceptions (such as individuals requiring accommodations due to a disability), applicants must apply online starting on the date their permanent residence category transitions to an online application; otherwise, their application will be returned. Since March 31, 2021, applicants for most permanent residence programs have had the option to apply online through the Permanent Residence Portal. This option has provided applicants more flexibility to apply from their devices and receive immediate confirmation of their application submission. The government’s objective is to fully transition to  online applications for most permanent immigration programs as part of IRCC’s efforts to modernize Canada’s immigration system and improve client service.  

European Union/Russia: European Commission Publishes Guidelines for Issuing and Examining Schengen Visa Applications by Russian Citizens – As an update to the suspension of the Visa Facilitation Agreement between the European Union and Russia, the European Commission (EC) has published guidelines on how EU Member States and their consulates should analyse short-stay Schengen visa applications submitted by Russian citizens. Among the guidelines, the EC states that consular posts can revoke valid Schengen visas if the Russian citizen is deemed to no longer meet the conditions for approval, and Russian citizens deemed a threat to public security can be denied entry at the border despite possession of a valid Schengen visa. Therefore, the possession of a valid Schengen visa does not confer an automatic right to entry. Additionally, for reasons related to public policy, internal security or international relations, an EU Member State may object to the issuance of a visa valid for the entire Schengen area, instead limiting its validity to the territory of the issuing Member State. The EC also recommends that applications for essential travel for business reasons or family visitation should take precedence over tourism, and that only the consulate of the relevant EU Member State in whose jurisdiction the applicant legally resides should examine the application. The EC’s guidelines remain recommendations, meant to assist Member States in dealing with all applications submitted by Russian citizens. Member States and their consulates are expected to provide information on their individual implementation of these guidelines.

Georgia/United Arab Emirates: Mutual Tourist Visa Waiver Implemented – The governments of Georgia and the United Arab Emirates implemented a mutual tourist visa waiver, allowing nationals visa-free entry for tourist trips up to 90 cumulative days. Travelers must carry a passport valid for at least six months from the intended entry date, valid health insurance and a return or onward ticket. The agreement does not specify an overall period (e.g., 180 days or 12 months) within which the 90-day waiver applies. Therefore, interested travelers should contact their immigration professional for further advice.

Germany: Immigration Processing Delayed – Immigration processing is significantly delayed on most processing stages, causing work start delays of two to four months when compared to normal processing times. The German Federal Employment Agency is processing work permit pre-approvals in four to six weeks, up from two to four weeks. The German Immigration Office is processing work and residence permits in 10 to 16 weeks, up from three to four weeks. Consular posts are processing entry visa applications in 5-15 days, up from two to five days. The delays mostly impact EU Blue Card, Assignment and Local Hire applications, which require both Federal Employment Agency and Immigration Office processing before travel and start of work. Additionally, in-country processing is delayed, with several weeks’ delay to register a residential address and schedule an immigration filing appointment, depending on local offices; and with in-country government processing for a residence permit card at 10-16 weeks, up from one to four weeks. Affected applicants and employers are advised to anticipate work start delays.

Ireland: E-Signature Trial Forthcoming for Limited Approvals – From September 19, 2022 until December 31, 2022, Irish authorities are trialing the use of electronic signatures on approval letters for non-European Economic Area family members of EU citizens confirming their right of residence under EU rules after filing an in-country application. The e-signature will replace the original written signature ('wet signature') by the deciding officer, for applicants residing in the Dublin area.

Russia: Legislative Changes Delayed – As an update, legislative changes that would increase Highly Qualified Specialists' salary requirements and remove migration registration for Highly Qualified Specialists’ work permit renewal applications, among other changes, have not yet taken effect on September 1, 2022, as anticipated. It is expected that a new effective date will be published in the coming days.

United Arab Emirates: New Trial Electronic Visa Platform Launched – The Federal Authority for Identity, Citizenship, Customs and Port Security (FAICCPS) launched the trial phase of an Advanced Visa System program. The new system provides a consolidated electronic platform for foreign nationals applying for visas under recently-amended immigration regulations. The trial phase will end on October 3, 2022, at which time it is expected that the system will open to foreign nationals applying for visas from the newly-introduced visa schemes, including the Green Visa. However, it is not yet clear if the FAICCPS will introduce a new visa platform on this date or if the current portal will simply be upgraded.

United Arab Emirates: Relaxed Medical Fitness Requirements for Residency – The Cabinet of the United Arab Emirates relaxed certain immigration medical requirements, which will increase the number of individuals eligible to obtain residence. For example, foreign nationals testing positive for HIV may now be eligible for residence, subject to approval by the Minister of Health and Prevention, or another relevant authority, where their applications would previously have been automatically denied. Further, those testing positive for Hepatitis B or C (the test is mandatory for certain professions) now have 30 days to change the purpose of their residency to a category that does not require Hepatitis testing, up from 14 days. All other medical fitness eligibility requirements for residence remain unchanged.

United Kingdom: Electronic Apostille Now Available – UK authorities have announced they will now be able to receive documents digitally and then issue electronic apostilles for documents issued in the United Kingdom, which should be accepted in all 100+ states that are parties to The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Convention). Apostilles are simplified legalisation stamps available for documents originating in countries that are a party to the relevant convention. Foreign nationals with documents originating in the United Kingdom should benefit from streamlined document gathering.

United States: H-2B Cap Reached for First Half of FY 2023 – U.S. Citizenship and Immigration Services (USCIS) reports that as of September 12, 2022, the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2023 has been reached. September 12, 2022 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. The final receipt date is when USCIS received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY 2023. This means that no cap numbers from the first half of FY 2023 will carry over to the second half of FY 2023, which begins on April 1, 2023. USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. The cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions.

United States: August 2022 DOL PERM and PWD Processing Times – As of August 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in January 2022 or earlier, and processing audited cases with priority dates of November 2021 or earlier. DOL is working on standard reconsideration requests that were filed in April 2022 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM prevailing wage requests filed in January 2022 (OES) and December 2021 (non-OES) and H-1B prevailing wage requests filed in January 2022 (OES and non-OES). The agency has been processing H-1B and PERM redeterminations requested in April 2022 and PERM Center Director reviews requested in July 2022. These reports are available on the DOL FLAG page.