WR Immigration’s September global immigration updates include the latest developments on the UK’s eVisas to replace BRP cards, EU’s new Entry/Exit System, Italy’s Updated Immigration Violation Penalties, and much more!
Canada
Employment and Social Development Canada recently made an announcement about upcoming significant changes to the low-wage Labour Market Impact Assessments (LMIAs) program. Practical details regarding the application of these reductions has not yet been released, but we anticipate that further information will be available prior to September 26, 2024 when the changes are scheduled to come into effect.
The press release can be found at this website: Minister Boissonnault reducing the number of temporary foreign workers in Canada – Canada.ca
Highlights include:
- The Government of Canada will refuse to process LMIAs in the Low-Wage stream, applicable in census metropolitan areas with an unemployment rate of 6% or higher. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as construction and healthcare;
- Employers will be allowed to hire no more than 10% of their total workforce through the TFW Program. This maximum employment percentage will be applied to the Low-Wage stream and is a further reduction from the March 2024 reduction. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as healthcare and construction; and
- The maximum duration of employment for workers hired through the Low-Wage stream will be reduced to one year (from two years).
UK
Physical Biometric Residence Permit (BRP) cards will be entirely replaced by a digital eVisa at the end of the calendar year. All current BRP holders are now able to create a free account on the UKVI website in order to access their eVisa and have proof of valid immigration status. Although current BRP holders technically have until the end of 2024 to do so, we strongly recommend they do so as soon as possible to avoid last-minute systems issues that could crop up if there are a flood of applicants in December. Please note that eVisas can take up to 1-2 weeks to appear in a newly created account. BRP holders are advised to keep their physical card for their records, even after the card expires.
EU
A new Entry/Exit System (EES) is now scheduled to be launched throughout the EU on November 10, 2024, to track non-EU nationals’ movements in and out of the Schengen area. This new EES will replace the traditional method of stamping passports with an advanced digital system that collects and stores biometric data and details regarding the traveler’s entry and exit, with the goal of increasing border security, preventing illegal stays and streamlining the border-crossing process.
Italy
The National Italian Labor Inspectorate (INL) has updated the penalties associated with unlawful employment practices to ensure compliance with laws and to protect workers. Employers who violate the laws set forth by the INL are now subject to fines of up to €50,000 and imprisonment, with repeat offenders receiving harsher punishment. Activities in violation of labor laws include but are not limited to the illegal posting of workers, unauthorized use of staffing agencies and subcontractors, and irregular working conditions.
Czech Republic
Due to low unemployment across the country, the Czech Republic has removed the labor market test pre-requisite requirement for employers, meaning that foreign nationals can now be hired to fill a vacancy immediately once the employer has posted the vacancy, without the need for a waiting period. Employers are advised to be vigilant of any changes to this waiver as regional labor offices do have the authority to void or modify this national waiver due to changes in unemployment levels and other factors affecting their region.
Similarly, citizens of Australia, Japan, Canada, Korea, New Zealand, Singapore, the UK, the USA, and Israel no longer require a work permit for the Czech Republic, except those pursuing employment via the free access to the labor market route. [AC1] Please note that citizens of the above-mentioned countries do still need a residence permit; the waiver only applies to work permits.
In an effort to improve operational efficiency, a new policy will automatically delete any posted vacancies from the government job posting system after 6 months, preventing old and outdated vacancies from remaining in the system long after they have been filled. Moreover, all notices regarding the start and end dates and any changes in employment for a foreign national must now be made digitally via an approved method.
China
Brazil has again postponed its implementation of the new requirement for U.S., Canadian, and Australian citizens to hold e-visas to travel for tourism or business until 2025. Accordingly, those traveling to Brazil in 2024 no longer need to worry about implementation of the new visa requirement.
Canada
New Zealand, Austria and Poland have now been added to China’s expanding list of visa-exempt nations. From now through December 31, 2025, regular passport holders of these countries can visit China for up to 15 days for business, tourism, to visit family and friends or in transit to other destinations, without a visa.
New Zealand
Application fees for most visa types will be increasing on October 1, 2024. A complete list of fee increases can be found on New Zealand’s official immigration website. We encourage applicants to file before the increase if possible.
Australia
Employers who want to sponsor a foreign worker under the Temporary Skills Shortage 482 or Employer Nomination 182 visas must meet the new income threshold of $73,150 AUD established by The Department of Home Affairs.
At the same time, Temporary Work (Skilled) 457, Temporary Skill Shortage 482 and Skilled Employer Sponsored Regional (Provisional) 494 visa holders now have 180 days at a time (and 365 days cumulative total over the course of the visa) to find a new sponsor, apply for a different visa or make arrangements to depart the country if they cease employment with their current sponsor. During this time, these visa holders are allowed to work for other employers in Australia, including in occupations not listed on their most recently approved sponsorship nomination, in order to support themselves. Sponsors are obligated to report any changes, including resignation or termination of employment, to the Department of Home Affairs within 28 days.
The Innovation and Early Careers Skills Exchange Pilot (IECSEP) has created two (2) new visa streams for citizens of the UK who want to work down under: the Early Careers Skills stream, which allows for short-term placements, secondments and intra-company transfers up to one (1) year in length, and the Innovation stream, which allows highly skilled workers with a demonstrated commitment to innovation to work in Australia for up to three (3) years.
Ireland
Cork and Limerick counties have been added to the list of counties whose residents are to complete their first-time registration of Irish residence permission in person at the Registration Office in Dublin, by appointment only. Likewise, residents of these counties who wish to renew their Irish residence permission are to do so exclusively online via the Immigration Service Delivery (ISD) renewal portal.
The Garda National Immigration Bureau (GNIB) will continue to process first-time registrations and renewals for those residing outside of Dublin, Meath, Kildare, Wicklow, Cork and Limerick counties. Further information regarding this change can be found on the Irish Immigration Service website.
