October Global Immigration Update

Legal Area:

WR Immigration’s October global immigration updates include the latest developments on Canada’s ICT Work Permit Requirements, UK traveling updates, Ireland’s Employment Permits Act 2024, and much more!

Canada

Canada recently announced significant changes to requirements that must be met by both applicants and prospective employers seeking Intra-Company Transfer (ICT) Work Permits. A detailed update was published on our website on October 8: Canada Alert: Significant Changes to Intra-Company Transfer Work Permits.

Furthermore, Spousal Open Work Permits will soon only be granted to spouses accompanying foreign workers who are in management or professional occupations, or those who are employed in sectors with “labour shortages.” This means that spouses of foreign workers who do not fall into one of these categories will no longer be eligible for an Open Work Permit in Canada as an accompanying spouse. While these spouses may still accompany the foreign worker as a dependent, they will not be able to work while in Canada.

Similarly, spouses accompanying foreign students in Canada will soon only be eligible for an Open Work Permit if the foreign student holds or is enrolled in a Master’s degree program that is at least 16 months in duration.

UK

In an effort to pre-screen travelers and identify those who do not meet entry requirements before they arrive at the border, the Home Office in the UK has announced that it will soon require all visa-exempt travelers to obtain an Electronic Travel Authorization (ETA) prior to traveling to the UK. This means that those who were previously able to enter the UK as a tourist or business visitor without a visa, including citizens of the US, Canada and EU countries, will soon need an ETA in order to travel to the UK.

Citizens of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE are already required to obtain an ETA for travel to the UK. Travelers from all remaining non-European visa exempt nationalities, including citizens of the US and Canada, will need an ETA in order to enter the UK on or after January 8, 2025. ETA applications for these travelers will be accepted beginning on November 27, 2024.

Likewise, travelers from all European visa-exempt nations will be able to solicit an ETA beginning on March 5, 2025 for travel on or after April 2, 2025.

Travelers who hold a valid visa for the UK do not need an ETA into to enter the country. British and Irish passport holders are also exempt from this requirement. More information regarding the ETA application process and requirements can be found on the UK.GOV website.

Ireland

The Employment Permits Act 2024 is now in effect in Ireland, bringing changes aimed at addressing current labor market needs and improving flexibility for both employees and employers. The provisions set forth by this act make it easier for employers in Ireland to hire foreign talent while allowing foreign workers and their dependents to more easily enter and move about the local labor market. Key changes include:

  • Labor Market Needs Tests – Print adverts are no longer required.
  • Change of Employer – General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP) holders are now permitted to change employers after 9 months so long as their permit is valid for at least 2 more months and they stay in the same (GEP holders) or similar (CSEP holders) occupations.
  • 50:50 Rule – The requirement that at least 50% of a company’s employees must be Irish or EEA nationals is now waived for companies that do not yet have any employees at the time of application for an Employment Permit; it will be triggered only when the company files its second application.
  • Dependent Work Rights – Dependent partners or spouses of CSEP holders will now be allowed to apply for work rights without having to seek employer sponsorship for an Employment Permit.

A detailed summary of the changes established by the act is available on the Department of Enterprise, Trade and Employment website.

Germany

Germany has set up temporary border checks at all nine of its land borders to control irregular migration of non-EU citizens into its territory from neighboring countries.

While foreign nationals living in the Schengen area are permitted to move freely among Member States for up to 90 days within a 180-day period so long as they possess both a valid residence permit issued by any Member State and a valid identity document, i.e. passport, it is important to note that those who are awaiting approval of immigration status in the host Member State do not meet these requirements. These foreign nationals do not have permission to travel within the Schengen area and must remain in the host Member State until a decision has been reached.

Australia

Visa processing times are currently delayed in Australia due to the high volume of applications being received and recent changes to permanent residency requirements. The Department of Home Affairs has published further information regarding visa processing times on their website. They also offer a tool to estimate real-time processing delays based on visa type; however, this should be used as a reference only. The times provided are averages, and we frequently see applications processed either more quickly or more slowly.

China

China continues to add more countries to its growing list of visa-exempt nations. Beginning on October 15, citizens of Cyprus, Denmark, Greece, Portugal and Slovenia will be permitted to travel to China for up to 15 days for business, tourism, to visit family and friends, or in transit to other locations, without a visa. This visa waiver program will be in effect until December 31, 2025.

Kenya

Visitors entering Kenya with an Electronic Travel Authorizations (ETA) will now automatically be granted permission to remain in the country for a period of 3 months upon arrival at the Port of Entry. Those who wish to extend their stay beyond this initial period may apply for a 3-month extension of their Visitor’s Pass so long as they meet the relevant criteria. While extension applications were previously processed free of charge, the Department of Immigration Services (DIS) has now instituted a US$50 application fee. Visitors who overstay, i.e. remain in Kenya for more than 6 months without due justification, may be subject to fines.

Saudi Arabia

The Saudi government appears to have informally paused issuance of business e-Visas to US residents. While the portal itself is still operational, travelers may want to consider instead seeking a business visa from the relevant Saudi consulate until further notice. 

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