WR Immigration’s December global immigration updates include the latest developments on the UK’s Electronic Travel Authorization applications, Canada’s ICT work permits, Australia’s Subclass 400 short-term work visas, and much more!
UK
Important Reminder: Electronic Travel Authorization (ETA) applications for passport holders from the US, Canada and all other non-European visa exempt countries are now open. Travelers from these countries, who could previously enter the UK without a visa for up to 6 months for tourism or business, must now secure an ETA prior to arrival for any travel scheduled on or after January 8, 2025. Further information is available on the GOV.UK website.
Canada
Intra-Company Transfer (ICT) Work Permits
Significant changes have been made to the eligibility criteria for ICT work permits for citizens of countries that are not subject to Free Trade Agreements with Canada, including citizens of China and India. Applicants from these countries should expect stricter guidelines that may in some cases limit their access to this category of work permit.
Key changes to the requirements for these applicants include:
- The company must have offices with business operations that generate revenue in at least two countries in addition to Canada.
- The receiving company must have a physical location in Canada and be actively engaged in ongoing business operations. Note that companies operating from non-commercial/residential locations, co-shared premises and virtual companies with commercial mailing addresses do not qualify as having a physical location.
- To qualify for an ICT work permit on the basis of specialized knowledge, applicants should ideally have a minimum of two years of experience in the same role within the sending company. Experience in similar roles may no longer qualify.
While the above requirements apply only to applicants who are citizens of non-free trade agreement countries, “free trade” applicants, including citizens of the US and many European countries, may also informally be subject to greater scrutiny during the ICT application process.
These changes are not expected to impact ICT renewals, however, we are still awaiting formal guidance on this point.
Temporary Resident Visas (TRV)
TRVs for visits to Canada will now be issued at the discretion of visas officers and are expected to be issued as single-entry visas for the purpose of a specific trip in most cases. Those who wish to obtain multi-entry TRVs valid for longer periods of time should be prepared to provide significantly more evidence to support their application than has previously been required.
Visitor Records
Holders of long duration Visitor Records, such as those commonly issued to dependent spouses and children of foreign workers, are advised that their document may be reset to the standard 6-month validity period upon return to Canada following any travel abroad. To avoid this, these individuals are urged to request that their re-entry be processed by a Canada Border Services Agency rather than at an automatic kiosk. A stamp should be placed in their passport along with the Visitor Record document number and expiry date.
Labour Market Impact Assessments (LMIA)
The salary requirement for the high-wage LMIA program has increased. Any wages that do not meet the newly established threshold will be subject to the rules of the low-wage LMIA program. A list of updated wages by province and territory is available here.
Immigration Levels Plan
The Levels Plan released by the IRCC announces a reduction in the number of permanent residents who will be admitted to Canada in the upcoming years, from 485,000 in 2024 to 395,000 and 380,000 in 2025 and 2026, respectively.
This cut is expected to significantly impact the Provincial Nominee Programmes (PNPs), whose collective allotment will be reduced by nearly 50%, as well as family-based immigrants.
International Student Program (ISP)
The ISP has announced that students employed off campus may now work up to 24 hours per week while classes are in session and full-time during any breaks. In order to work off campus on the basis of a study permit, international students must be enrolled full-time in a post-secondary academic, vocational or professional training program that lasts at least 6 months and leads to a degree, diploma or certificate.
Australia
The Australian government is now more closely evaluating applications for Subclass 400 short-term work visas. This visa, suitable for employees traveling to Australia to perform highly-skilled non-ongoing work, has historically been granted for periods of 3 or 6 months. Following recent policy updates, however, Subclass 400 visas are generally being issued for 3 months only, with 6-month approvals being a rare exception.
Furthermore, while foreign workers could previously request multiple Subclass 400 visas over the course of 12 months, new regulations are limiting their stay down under to a total of 3 months within any given 12-month period. This is to ensure employers are not using this visa stream as a cheap alternative to the Subclass 482 and to prevent Australian citizens and permanent residents from being disadvantaged in the local job market.
Employers are encouraged to keep this in mind when considering whether a Subclass 400 or 482 is the appropriate visa stream given their particular staffing needs.
Singapore
New Employment Pass (EP) applications submitted on or after January 1, 2025 will be subject to the revised EP qualifying salary and COMPASS benchmark salaries set forth by the Ministry of Manpower (MOM).
EP renewal applications will also be impacted by these revised salaries according to the expiration date of the currently held pass: EPs set to expire on or after July 1, 2025 will be subject to the above-linked COMPASS benchmark salaries, while those set to expire on or after January 1, 2026 will also need to comply with the newly established EP qualifying salary to meet eligibility requirements for renewal, regardless of how many points would have been awarded in COMPASS. Employers are encouraged to initiate the renewal process early to allow time to determine a course of action in any cases where the EP holder does not meet the current salary requirements. In Singapore, renewals can be filed as much as 6 months in advance.
The MOM has also added several new occupations to the Shortage Occupation List (SOL) to reflect current labor market needs. This updated list will apply to any new or renewal EP applications beginning on January 1, 2025. The SOL Employer Guide released earlier this year outlines key requirements for applicants to earn bonus points on their COMPASS assessment based on job title, performance, experience and qualifications. In some cases, those filling roles on the SOL may be eligible for an EP valid for up to 5 years.
UAE
The UAE has amended its visa-on-arrival (VOA) policy, effectively allowing passport holders from the US, UK, Australia, New Zealand, Canada, China, Japan, Singapore, South Korea, Georgia and the Maldives to stay in the country for up to 90 days within a 180-day period.
Furthermore, a new 60-day VOA for Indian nationals is expected to be announced in the near future. In the meantime, however, Indian nationals must possess a valid residence permit for the US or EU in order to qualify for the existing 14-day VOA. Indian nationals with UK residence visas are no longer eligible for this VOA.
South Africa
Eligibility for the General Work Visa in South Africa will now be determined by a points-based system similar to those used for work visas in Australia, Canada and the UK.
This new system effectively does away with the need for employers to prove that no suitable local candidates are available to a fill a position, a lengthy process that has made it challenging to hire foreign workers in South Africa up until now. Moreover, by awarding points for qualifications, experience, language skills and offers of employment, both seasoned professionals and highly qualified younger talent can access the labor market and contribute to the country’s economic growth. This approach also aims to remove the ambiguity that has long been present in the decision-making process.
To further simplify matters, the government is now allowing the South African Qualifications Authority (SAQA) certificate to be submitted simultaneously with General Work Visa and Critical Skills Work Visa applications. While SAQA approval was previously required for an application to be processed, this change allows an initial 12-month visa to be issued while the certificate is under review.
Spain
Based on a new law, Spain will now formally recognize the Van der Elst rule. Under this rule, non-EU nationals who hold a valid work permit for one EU member state can be transferred by their employer to another member state without the need to apply for an additional work permit. For transfers of up to 90 days, the employer need only submit a Posted Worker Notification (PWN) prior to the start of the assignment in Spain. For transfers of 90 days or more, the employee will need to first obtain a Spanish residence permit at the consulate in the host member state or in-country in Spain. The initial residence permit is typically issued for a period of 12 months and is renewable. While new regulations suggest that these residence permits may be renewed for up to 4 years, this topic is currently under debate.
EU
The launch of the European Union’s new Entry/Exit System (EES) has been postponed following concerns raised by France, Germany and the Netherlands regarding their readiness to implement this new system at their borders. The European Commission has yet to release a revised timeline for the launch of the EES which was originally scheduled for November. The EES will track non-EU nationals’ movements in and out of the Schengen area by digitally collecting and storing biometric data.
China
Travelers from 38 countries can now enter China visa-free and stay for up to 30 days for business, tourism, cultural exchange activities, family visits, or in transit to other destinations between now and December 31, 2025.
Currently, China’s ever-growing list of visa-exempt nations includes Andorra, Australia, Austria, Belgium, Brunei, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Malaysia, Malta, Monaco, Montenegro, Netherlands, New Zealand, Northern Macedonia, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, Spain and Switzerland.
