Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in "real-time" before traveling internationally. Please reach out to our Global Immigration & Mobility Team in advance of any international travel.
Canada – Visitor-to-Work Permit Policy Ends; Quebec Caps Select LMIA Jobs; New Pathways for Francophone Individuals; and Stricter Rules to Come on Work Permit Applications
Immigration, Refugees, and Citizenship Canada (IRCC) has abruptly ended the temporary public policy that permitted visitors to apply for work permits from within Canada: The public policy was originally introduced in August 2020 as a response to the COVID-19 pandemic and allowed visitors inside Canada to apply for their Canadian work permits. This policy proved to be a lifeline for many foreign nationals to transition to worker status without having to leave Canada, and it was set to expire on February 28, 2025. However, in an unexpected move, IRCC has decided to terminate the policy early, effective immediately as of August 28, 2024 and thus closing the backdoor for ingenuine visitors to exploit the policy.
Québec Cap on LMIA Applications for Low-Wage Jobs: The Government of Canada has approved Québec's request to temporarily suspend new Labor Market Impact Assessment (LMIA) applications for low-wage positions in the Montréal economic region. This six-month freeze, effective September 3, 2024, targets employers offering wages below Québec's median hourly wage of $27.47/hour CAD. This measure aims to ensure that local workers are prioritized for available jobs.
Canada Opens Pathways for Francophone Individuals: Canada has introduced new initiatives to attract Francophone immigrants. The first-ever Express Entry invitations for French-speaking newcomers were announced, focusing on enhancing the vitality of French linguistic minority communities outside Québec. Additionally, the Francophone Community Immigration Pilot has been launched to support economic growth and cultural diversity in rural and Francophone minority communities across Canada.
Stricter Rules for Temporary Foreign Worker Applications: The Government of Canada has announced stricter rules for approving temporary foreign worker applications. Effective September 26, 2024, applications for low-wage temporary foreign workers will be refused in regions with an unemployment rate of 6% or higher. Employers will be allowed to hire a maximum of 10% of their workforce through the Temporary Foreign Worker Program, down from the previous 20%. This decision comes in response to the high number of individuals currently in Canada on temporary status and aims to encourage businesses to hire and invest in Canadian workers.
Europe – Start of Entry/Exit System for Short Stay Travelers
On November 10, 2024, all Schengen countries will start using the automatic Entry/Exit system (EES). This digital system will largely replace passport stamps throughout Europe. In Cyprus and Ireland, passports will continue to be stamped manually.
The new system will help to identify overstayers, improve security, and promote the sharing of information between European authorities in real time.
The EES is an automated IT system for registering Non-EU Nationals travelling up to 90 days in any 180 day period, each time they cross the external borders of any of the following European countries using the system:
For the purpose of the EES, 'Non-EU National' means a traveler not holding the nationality of any European Union country or the nationality of Iceland, Liechtenstein, Norway, or Switzerland.
It does not apply to travelers who hold a residence permit, or a residence card. Please see further details here.
New Zealand – Increase of Government Filing Fees as of October 1, 2024
The government has announced Immigration New Zealand's fees will increase effective October 1, 2024.
Increases will apply to most application types. Please see the following key categories which will be affected (fees are listed in NZD):
- Straight to Residence Visa: $4,290 to $6,450
- Skilled Migrant Residence Visa: $4,290 to $6,450
- Accredited Employer Work Visa: $750 to $1,540
- Specific Purpose Work Visa: $700 to $1,355
- Post-Study Work Visa: $700 to $1,670
- Partner Work Visa: $750 to $1,630
- Student Visa: $375 to $750
Please see the full list of affected visa categories here.
Singapore – New Salary Benchmark
The Ministry of Manpower (MOM) has released the new salary benchmarking table for the Complementarity Assessment Framework (COMPASS), which is the points-based evaluation system for Employment Pass (EP) applications. Please see here.
Employment Pass (EP) applicants need to pass the points-based Complementarity Assessment Framework (COMPASS) in addition to meeting the EP qualifying salary.
The government has published a self-assessment tool here.
The United Kingdom - UK Government Electronic Border Preparations
Over the past few years, the UK government has been making significant strides in modernizing its border control systems. We provide a detailed overview of the key changes and initiatives that are reshaping the UK's approach to border management.
1. Introduction of Electronic Travel Authorization (ETA)
The UK is rolling out a new Electronic Travel Authorization (ETA) system, which will fundamentally change how visitors enter the country. Here are the key points:
- Scope: The ETA will be required for all visitors to the UK, including those from countries that currently enjoy visa-free access for short stays, such as the EU, U.S., Canada, and Australia.
- Current Status: The system is already operational for visitors from certain Middle Eastern countries as of February 1, 2024.
- Full Implementation: By the close of 2024, the ETA requirement is expected to apply to all nationalities except British and Irish citizens.
- Cost and Validity: An ETA costs £10 and allows multiple entries over a two-year period or until the holder's passport expires - - whichever comes first.
- Important Note for Multiple Passport Holders: The UK Visas and Immigration (UKVI) has confirmed that an ETA can only be linked to one passport. Therefore, individuals with multiple passports must obtain separate ETAs for each passport they intend to use for travel.
- Benefits: This new system represents a significant shift in UK border control, aiming to enhance security and streamline the entry process for legitimate visitors.
2. Transition from Biometric Residence Permits (BRP) to eVisa Digital Status
The UK is moving away from physical Biometric Residence Permits (BRPs) and towards a fully digital immigration status system. This transition involves:
- Digital Status: UK residence permit holders will receive an eVisa instead of a physical BRP card.
- Accessibility: The digital status can be accessed online, making it easier for permit holders to view and share their immigration status.
- Gradual Implementation: The transition is being phased in, with certain visa categories already receiving digital status instead of physical documents with full implementation scheduled from January 1, 2024.
- Benefits: This change aims to reduce fraud, streamline processes, and make it easier for individuals to prove their right to work or rent in the UK.
For a more detailed explanation of this transition, please refer to our previous Immigration Blog article on the subject: https://www.bigimmigrationlawblog.com/2024/08/goodbye-brp-hello-evisa-the-uks-leap-into-a-digital-immigration-era/
3. Updated Processes for International Passenger Carriers
The UK is implementing stricter requirements for carriers of international passengers, including airlines, train operators, and ferry companies. Key points include:
- Digital Checks: Carriers will be required to digitally verify the UK entry rights of all passengers before boarding.
- UKVI Support Line: In cases of unclear or incorrect information, carriers must contact the UKVI support line and ask passengers to provide evidence of their UK status or right of entry.
- Carrier Liability: Carriers remain liable for fines if they transport individuals without the right to enter the UK. However, the UKVI has clarified that carriers will not be fined if the error is due to faults in the UKVI system, including database errors or outages.
- Return Costs: Despite the exemption from fines in cases of system errors, carriers will still be responsible for the costs of returning individuals who are denied entry.
These changes place additional responsibility on carriers but also provide some protections in cases of system failures. At the same time, an additional liability is placed on all UK travelers to ensure they have their UK digital status and documents in order before travelling to the UK in order to avoid delays upon entry or be refused boarding.
The Surge in UK Sponsor License Enforcement
The latest immigration statistics published by the Home Office reveal a significant increase in the number of employers losing their license to sponsor migrant workers. In the second quarter of 2024, a total of 1,023 Skilled Worker licenses were either suspended (524) or revoked (499). This marks a dramatic, nearly ten-fold, rise from the same quarter last year which saw only 117 licenses affected (89 suspended and 28 revoked).
This unprecedented leap in enforcement action also reflects the growing number of UK Skilled Worker sponsor license holders, with a 48% increase compared to last year. In recent years, more employers have been forced to rely on sponsored workers to fill recruitment gaps, leading to a surge in license applications.
The Home Office has notably intensified its enforcement activities in recent months, focusing on both sponsorship compliance and illegal working raids. This heightened scrutiny aligns with Home Secretary Yvette Cooper's recent announcement of measures to "boost border security." These measures include a range of sanctions against those employing illegal workers, such as financial penalty notices, business closure orders, and potential prosecution.
Given this climate of increased enforcement, companies are strongly advised to ensure their HR and immigration compliance measures are robust, particularly concerning UK right-to-work checks. Even genuine mistakes can lead to serious consequences for sponsors, underscoring the importance of regular audits of compliance systems.
The complexity of these issues highlights the value of seeking specialized immigration legal advice. With the Home Office taking a stricter stance on compliance, employers must be proactive in maintaining their sponsorship responsibilities to avoid fines or other punitive actions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.