This week, the Smith Stone Walters Global Immigration team would like to highlight the following recent updates from Canada, New Zealand, Portugal, South Africa, Switzerland and the United States.
Canada: Interim measures to support Indigenous family reunification
On October 10, 2024, Immigration, Refugees and Citizenship Canada (IRCC) announced a temporary measure waiving most application fees for Indigenous people in the United States to reunite with their families in Canada.
These measures will allow eligible Indigenous peoples whose family members live in Canada to:
If you work or study in Canada, some requirements will be waived and your stay will be extended for up to three years (if you are already in Canada).
Indigenous peoples eligible for these measures can apply from October 10, 2024. Applicants must apply in advance before traveling to Canada. If you are already in Canada, you can also apply from within Canada. Applications cannot be made at the border (port of entry).
To qualify for these temporary measures, applicants must meet one of the following scenarios:
1. Eligible indigenous peoples are:
2. Eligible Indigenous families are:
Indigenous families eligible under these temporary measures. Any person accompanying the eligible Indigenous person must also be included in the application. People traveling separately from eligible Indigenous people who have applied under these temporary measures must submit their own application.
New Zealand: Changes to Immigrant Exploitation Protection Work Visa
On 17 October 2024, Immigration New Zealand (INZ) announced that from 31 October 2024, the granting of the second Migrant Exploitation Protection Work Visa (MEPV) will be discontinued. This means that if someone with a first MEPV applies for a second MEPV after 31 October 2024, their application will be refused.
Migrants who make credible reports of exploitation will be granted MEPV for up to six months or until the expiry of their current visa, whichever is shorter, to enable them to leave the exploitative situation and remain legally in the New World. may be granted. Zealand while they find new jobs.
Those whose first MEPV expires on or before November 30, 2024 must apply for a second MEPV by October 30 if they wish.
Other changes include:
Clarifies that situations such as lawful termination of employment, non-payment of final wages following retrenchment or dismissal do not meet the definition of immigrant exploitation. Refine the definition of immigrant exploitation to provide that exploitation must be linked to a genuine employment relationship.
Portugal: Measures to facilitate family reunification
The head of Portugal’s Integration, Immigration and Asylum Agency (AIMA) announced in an interview that the number of vacancies in the family reunification process will be increased to facilitate the integration of regularized migrants.
Immigrants with minor children can now register online and apply for family reunification appointments, but this is expected to add uncertainty to the number of people who will be regularized.
Minors must prove that they are in the country on the day they submit their application on the platform for family reunification of minors.
Scheduling of appointments for biometric data collection will be done in the order of registration on the platform.
Form 4 (Responsibility period) regarding financial support has been changed. Please check here.
South Africa: Announces new remote work visa and points-based work visa system
The South African Department of Home Affairs (DHA) has announced the anticipated launch of a new points-based system for remote work visit visas and work visas, along with amendments to immigration regulations.
Remote work visas allow highly paid individuals employed abroad to reside in South Africa. Applicants must have a gross annual income of at least R650,976 (down from the previous gross annual gross of R1,000,000 to be eligible for a remote work visa valid for stays of up to 36 months).
The new points-based system for work visas introduces a transparent point scale to objectively determine who is eligible for a critical skills visa or a general work visa.
Applicants must meet all other prescribed requirements for the Critical Skills Work Visa or General Work Visa (police clearance, medical report, etc.) and must earn 100 points to obtain the visa.
Applicants may be issued a Critical Skills Work Visa if they reach the 100 point threshold through an occupation included in the Critical Skills List. Applicants may be granted a general work visa if they reach the 100 point threshold through a combination of points rather than an occupation on the critical skills list.
The points criteria are shown in the table below.
Category Criteria Points (%) Points (%)OccupationKey SkillsOn the List100QualificationsNQF Level 9/1050NQF Level 7/830Employment OffersAt least R976,195 (gross) 50 Rand650,796 – 976,194 Rand (gross)20 Work Experience 5 ~ 10 years 2010+ 30 Employment type Offer from a reliable employee er20 Language skills proficiency 10 in at least one official language
As an interim measure, applicants for remote work visas, as well as critical skills visas and general work visas under the new points-based system, will be allowed to continue as an interim measure until the department lays the foundations for digital transformation to move to online application and examination only. can. Submit your application through the relevant service provider and South African mission abroad.
Switzerland/USA: new agreement on the exchange of trainees and young professionals
On October 11, 2024, Switzerland and the United States signed a new agreement on the exchange of trainees and young professionals in Bern. The agreement will make it easier for young Swiss people to receive training in the United States, and for Americans to receive similar training in Switzerland for short periods of time. This new agreement replaces the 1980 agreement.
The agreement will come into force from November 30, 2024, and targets Swiss and American young people in training or who hold a vocational diploma or higher education qualification. Those who do not meet these requirements may still qualify if they have some specialized experience. In particular, you must be looking to complete your studies or improve your skills in a specialized field.
Swiss and American participants will be issued residence and work permits for a maximum of 12 months, with a six-month extension possible.
The new agreement will make it easier for young professionals from both countries to obtain visas and open exchange programs to a wider range of people than the 1980 agreement. Under the old program, more than 100 people from Switzerland and a similar number from the United States benefited from the exchange each year in the 1980s and early 1990s. This number has been steadily decreasing since the 2000s, primarily due to changes in U.S. visa requirements.
Switzerland also has trainee exchange agreements with Argentina, Australia, Chile, Canada, Japan, Monaco, New Zealand, the Philippines, Russia, South Africa, Ukraine, Tunisia and Indonesia.
United States: Updated guidance on emergency requests
U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to expedite consideration of requests related to government benefits and emergencies and urgent humanitarian situations, including travel-related requests. We have clarified how to do this. This update also clarifies how to make expedited requests and explains how USCIS processes expedited requests.
Government benefits:
With this update, USCIS will provide emergency services that are deemed urgent by the federal, state, tribal, territorial, or local governments of the United States because they involve public interest, public safety, national interest, or national security interests. It has been made clear that the cases that have occurred can be dealt with quickly. This update clarifies that when an expedited request is made by a federal agency or department based on government interest, USCIS generally follows that agency’s or department’s assessment.
Travel related requests:
USCIS issues several types of travel documents. With this update, USCIS will now provide Form I-131, Travel Documents, Parole Documents, and Arrivals/Arrival Documents for benefit applicants in the United States who have an urgent or critical need to leave the United States. We have made it clear that we will consider expediting the application for departure records. The need for travel is related to unplanned or planned events, such as professional, academic, or personal commitments.
If your needs are related to a planned event, USCIS will consider the following:
Applicant filed Form I-131 in a timely manner. Due to processing time, USCIS may not be able to issue your travel documents by your scheduled departure date. Submit and process expedited requests:
This update also clarifies how to create expedited requests. This includes how requesters can use USCIS online tools with secure messaging, including submitting an expedited request and uploading evidence to support an expedited request if you have a USCIS online account. Contains.
This update describes how USCIS processes expedited requests and typically responds to benefit applicants who submit claims through the USCIS Contact Center by notifying them when USCIS makes a decision on their expedited request. I’m making that clear.
This guidance is effective immediately and governs and supersedes any related prior guidance.
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