WR Immigration’s January global immigration updates include the latest developments on Canada’s Ban on Flagpoling, UK Sponsorship Costs, Australia’s Subclass 482 visa, and much more!
Canada
Ban on Flagpoling is Now in Effect
The Canadian government has announced a ban on “flagpoling,” a common practice by which temporary residents of Canada exit and immediately reenter the country in order to access same-day immigration services, thus bypassing the normal wait times associated with renewing a work or study permit. Despite this ban, individuals who meet any of the following criteria may continue to flagpole:
- Citizens or permanent residents of the United States;
- Professionals and technicians under free trade agreements with the United States, Mexico, Chile, Panama, Peru, Colombia and South Korea;
- Spouses and common-law partners of the above-mentioned professionals and technicians;
- International truck drivers with a valid work permit who exit the country while on the job; and
- Those with pre-booked CBSA appointments.
New Restrictions on Port of Entry Work Permit Applications
Canada has also restricted port of entry (POE) work permit applications for those who reside outside of the country to individuals who meet the following criteria:
- Visa-exempt individuals who are applying for a Labor Market Impact Assessment (LMIA) exempt or LMIA-based work permit; and
- Citizens or permanent residents of the United States, Greenland or Saint-Pierre and Miquelon (regardless of whether the work permit is LMIA or LMIA-exempt).
Individuals who satisfy the above criteria and whose work permits expire while outside of Canada may apply for a new work permit at the port of entry. All others should submit their application online.
Pause on Express Entry Arranged Employment Points Expected in Spring 2025
The government has announced that a temporary pause will be placed on arranged employment points during the spring to reduce fraud in the Express Entry system.
Typically, Express Entry candidates receive additional points for having a job offer in Canada. These points increase a candidate’s chances of being invited to apply for permanent residence in Canada. The government has decided to temporarily pause these points.
This change will not impact candidates who have already been invited to apply or who have a permanent residence application pending. Candidates with job offers in the Express Entry pool and any new candidates will have their points updated once this pause takes effect.
An effective date for this pause has not yet been released.
Additional Changes to Spousal Open Work Permit Eligibility Requirements
Effective January 21, 2025, only the following spouses accompanying an international student or foreign worker in Canada will be eligible for a Spousal Open Work Permit.
Spouses of international students: Only spouses of those international students enrolled in a Master’s program that is 16 months or longer in duration, a doctoral program and other select specialty degree programs such as Law, Engineering or Nursing, will be eligible for an Open Work Permit.
Spouses of foreign workers: Unless the foreign worker is covered by a free trade agreement with Canada, only spouses accompanying foreign workers in TEER 0 or 1 and select TEER 2 and 3 occupations will be eligible for an Open Work Permit. Moreover, the foreign worker must have at least 16 months remaining on their work permit at the time the spouse applies.
The government will honor any applications that were submitted prior to January 21, and any existing Spousal Open Work Permits will continue to be valid until their expiration date and may be eligible for renewal in limited circumstances.
Please note that the above restrictions do not apply to those with a pending permanent residence application.
UK
** Important Reminder** As of January 8, 2025, all American and Canadian citizens must secure an Electronic Travel Authorization (ETA) prior to traveling to the UK. This requirement now applies to citizens of all non-European visa exempt nations. Beginning in April, citizens of all European visa exempt nations will also need an ETA to travel to the UK. Further information is available on the GOV.UK website.
Sponsors in the UK Banned from Passing Sponsorship Costs along to Skilled Workers
In other news, the Home Office has officially confirmed that employers are not allowed to pass the fees associated with obtaining a Sponsor Licence or adding the Skilled Worker Route to an existing Sponsor Licence in the UK to the foreign national who is being sponsored as a Skilled Worker. This includes the government fees for priority processing services.
Furthermore, employers are obligated to cover the cost of the Certificate of Sponsorship (CoS), which will soon be increased to £525, for every Skilled Worker. This is in line with previous legislation prohibiting employers from passing along the Immigration Skills Charge (ISC) to sponsored workers.
Employers found to be in violation of the aforementioned regulations are subject to having their Sponsor Licence revoked by the Home Office – a harsh disciplinary measure likely to result in reputational damage, financial loss and significant disruption for existing sponsored workers, who would need to find a new sponsor or leave the UK.
Charging or attempting to charge a Skilled Worker for any of the above expenses at any time is strictly prohibited – this includes cases where employment terminates before the agreed-upon time frame or other unexpected circumstances arise.
Employers are reminded that it is permissible to ask sponsored workers to cover visa application and appointment fees as well as the Immigration Health Surcharge (IHS) for themselves and any dependents.
Australia
The Subclass 482 visa is now known as the Skills in Demand or “SID” visa. Like its predecessor the Subclass 482 Temporary Skills Shortage visa, the SID visa enables employers to sponsor skilled foreign workers in Australia for 1-4 years to fill positions for which suitably qualified Australian citizen or permanent resident employees are not available.
The updated Subclass 482 visa offers 3 different streams:
- Specialist Skills Stream – This stream is reserved for highly skilled workers who drive innovation and promise to bring significant benefit to the local economy. To qualify for this stream, candidates must be nominated in ANZSCO 2022 occupations in Major Groups 1, 2, 4, 5 and 8 and meet the Specialist Skills Income Threshold (SSIT) that is currently set at $135,000 AUD per year.
- Core Skills Stream – This stream is for candidates nominated on the Core Skills Occupation List (CSOL) who earn at least $73,150 AUD annually at the time of application.
- Labour Agreement Stream – This stream of the Subclass 482 visa will remain in place; however, the specifics have not yet been announced.
Employers who wish to sponsor foreign workers under the Subclass 482 should note that the Skilled Occupations List (SOL) has also been updated to include 70 new occupations while others have been removed. Furthermore, the government will now charge a uniform fee for all occupations on the list.
Additionally, the required work experience for the Subclass 482 has been reduced to one (1) year of full-time employment (or the equivalent), and the English language test requirements have been simplified.
Further information regarding these important updates to the Subclass 482 visa is available on the Department of Home Affairs’ website.
Italy
Post offices across Italy have begun stamping expiration dates on residence permit applications submitted at Poste Italiane counters to speed up processing times.
Despite a legally established turnaround time of 60 days, processing in some cases takes a year or longer. From now on, an expiration date will automatically be set nine (9) months from the date the application is received at the post office. While the expectation is that the residence permit will be issued within this timeframe, it is possible that some applications will remain in pending status after this 9-month processing window. Individuals are encouraged to contact the Immigration Police Office regarding their application if their expiration date is approaching and they have yet to be issued a residence permit, as they may otherwise experience difficulty in proving their legal status in Italy.
It is worth noting that this measure is being introduced gradually, so not all Poste Italiane locations are stamping an expiration date on residence permit applications just yet.
Ireland
The Immigration Delivery Service (ISD) will now be handling all first-time Irish immigration residence permissions nationwide in person at the Registration Office in Dublin. Citizens from countries outside of the EU, EEA, Switzerland and the UK who will reside in Ireland for more than 90 days for work, study or to join family on the Emerald Isle, are required to register for this immigration permission.
To book an appointment, applicants will first need to create an account on the Digital Contact Centre. Any subsequent renewals of this permission can be completed entirely online using this same account up to 12 weeks in advance of the expiration of the existing permission.
New Zealand
Visitor Visas Rules Updated to Allow Remote Work for a Foreign Employer
To attract digital nomads and boost the local economy, New Zealand is now allowing tourists to work remotely for their foreign employer during their stay in the country. Visitor visas are typically issued for a period of six or nine months, enabling remote workers to take an extended “workcation” to New Zealand. Those planning to stay and work from Aotearoa for more than 90 days are advised to research any possible tax implications involved.
Upcoming Changes to Accredited Employer Work Visa (AEWV)
To help employers obtain the talent they need, the Kiwi government has announced several updates to the AEWV that will take effect in March 2025:
- The wage threshold for all AEWVs will be removed; however, employers are still required to pay a fair market rate based on position and work location. To sponsor dependent children, the foreign worker must earn a minimum of NZ$55,844 per year.
- The work experience required for an AEWV will be reduced to two years.
- New AEWVs issued for ANZSCO Level 4 or 5 occupations will now be issued for a period of three years. Current AEWVs, which are valid for only two years, may be extended if the holder meets the revised requirements.
- The labor market test for AEWVs has been reduced to a sworn declaration by the employer stating that no suitable local candidates are available.
- All current visa holders with the right to work will be able to continue working while their AEWV application is being processed.
