Global Immigration Update (Issue #1)

Australia

Australia is poised to adopt a new Skills in Demand work visa category. This category will have three pathways under which foreign nationals can qualify as follows:

• Specialist skills pathway – for those with a salary over AUD $135,000
• Core skills pathway – for those with a salary over AUD $70,000 and under $135,000
• Skills in demand pathway – for those with a salary under AUD $70,000

The government group tasked with review of occupations for these pathways has just released a draft of the core skills occupations list, which will determine which jobs are eligible for this pathway. The list is available at Draft Core Skills Occupations List (CSOL) for Consultation | Jobs and Skills Australia. While not finalized, the list has helpfully been broken down into occupations that are confidently “on” the list, those that are “off” and those that are “targeted for consultation.”

Brazil

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

Canada has quite suddenly implemented new entry requirements for Mexican nationals. Most Mexican nationals are now required to obtain a visa from a Canadian Consulate prior to travel to Mexico, including for brief trips for tourism or business purposes. Mexican nationals are now only able to travel on an Electronic Travel Authorization (eTA) if they hold a currently valid US nonimmigrant visa or have previously held a Canadian visa in the past 10 years.

Germany

The long awaited new German Act on the Modernization of Citizenship Law, which allows dual citizenship without the need to apply for a retention permit in advance, finally has an anticipated date it will enter into force – June 26, 2024. After this date, Germans who obtain a second citizenship will generally be able to do so without losing their German citizenship.

Israel

The minimum monthly salary in Israel, which applies to foreign nationals working in Israel on short-term employment authorization (SEA and STEP programs), has been updated to NIS 5,880 effective April 1, 2024. Israel has also announced the launch of a new Electronic Travel Authorization (ETA) process. The ETA will be required for all visitors to Israel, including those visiting for tourism or business. For visa nationals visiting for tourism it is anticipated that the ETA will eliminate the need for consular visas. It is not anticipated to eliminate the need for consular processing for B-1 work visas.

New Zealand

The government of New Zealand has made several significant changes to the rules around Accredited Employer Work Visas (AEWVs), including:

• Jobs that fall into ANZCO Skill Level 4 or 5 must now undergo labor market testing, applicants must meet English language requirements, and the maximum duration of stay is 3 years
• All AEWV applicants that are not exempted on the basis of salary or Green List occupation must have 3 years of relevant work experience or have a relevant degree at Level 4 or higher on the NZ Qualifications and Credentials Framework
• All AEWVs require a minimum of 30 hours of work per week
• All AEWV employers must inform immigration authorities within 10 days if an employee leaves the job

Employers may have their accreditation suspended while a suspected breach is investigated

UK

Increased civil penalties for illegal working are now in effect in the UK, with employer fines for a first offense now at GBP 45,000 and subsequent breaches at GBP 60,000. With the increased focus on compliance and enforcement, it is more important than ever that employers are mindful of their obligation to perform right to work checks and notify the Home Office promptly of any material changes to company or migrant details.

In a bit of good news, effective April 2024, the UK has removed the requirement to renew sponsor licenses. It is no longer necessary to apply to extend a sponsor license going forward.