Global Immigration News Roundup – Smith Stone Walters

March 7, 2023

This week, the Smith Stone Walters Global Immigration team would like to highlight the following recent updates from Australia, Bulgaria, Canada, Ireland and the United States.

Australia: Recent Immigration Changes

Australian authorities have recently introduced several changes to immigration rules affecting certain international students and visa holders.

Work restrictions for student visas:
From July 1, 2023, work restrictions for student visa holders will be reintroduced and increased to 48 hours per fortnight. Work restrictions on student visas were suspended in January 2022 to allow holders of primary and secondary student visas to work more than their normal limit of 40 hours per fortnight. This will end on June 30, 2023.

Post-study work rights for international graduates:
Also from July 1, 2023, international higher education graduates holding a degree in the fields of skills shortage verified will be granted two additional years of post-study work rights on their temporary graduate visa (subclass 485). This is in addition to existing additional one-to-two-year work rights for eligible students who study, live and work in regional areas.

TSS permanent residency program:
On February 13, 2023, the Department of the Interior (DHA) announced that it had extended recent changes to the permanent residency pathway for holders of Temporary Skills Shortage (TSS) Subclass 482 visas. short term.

These changes now also apply to TSS medium-term visa holders with an occupation on the Regional Occupation List (ROL).

This pathway, which applies to holders of Temporary Skills Shortage (TSS) subclass 482 visas who have been in Australia for at least one year between February 1, 2020 and December 14, 2021, is currently available until on July 1, 2024.

Bulgaria: Changes to EU Blue Cards

The Bulgarian parliament has adopted amendments to the law on labor migration and mobility regarding EU Blue Cards.

The following changes came into effect on January 24, 2023:

• Blue cards are now valid for a maximum of five years (previously four years).
• Candidates can present proof that they have five years (or three years for some professions) of relevant professional experience in lieu of a university degree.
• Applicants are no longer required to present proof of private health insurance covering the duration of their intended stay in Bulgaria, but are now only required to have health insurance at the time of submitting their application.
• Blue Card holders can now receive health insurance coverage as a benefit from their Bulgarian employer.
• The identity cards of blue card holders no longer include the name of the employer. Those who have held blue cards for at least 12 months can now change employers by informing the employment office in Bulgaria (without renewing their identity card).
• Blue card holders can now work from home in Bulgaria for their Bulgarian employers.
• Bulgarian employers can now assign Blue Card holders to another EU country for up to 90 days within a 180-day period.
• Authorities are now expected to process blue card applications in two and a half months (previously three months).

An online application process for EU Blue Cards is planned for the near future.

Canada: resumption of biometric data collection

As of February 23, 2023, the Government of Canada has resumed the collection of biometric data for people in Canada applying for temporary residence. This includes those asking:

• to extend their stay as a student, worker or visitor
• to restore their status as a student, worker or visitor
• for a work or study permit
• for a visitor visa
• for a temporary residence permit

There are someexemptionsincluding

• Canadian citizens, citizenship applicants (including passport applicants) or existing permanent residents;
• visa-exempt nationals coming to Canada to visit only;
• children under 14;
• applicants over the age of 79 (there is no upper age exemption for asylum seekers);
• heads of state and heads of government;
• eligible candidates or holders of a diplomatic or official visa;
• US visa holders transiting through Canada;
• asylum seekers or protected persons who have already provided biometric data and are applying for a study or work permit;
• applicants for temporary residence who have already provided biometrics in support of an application for permanent residence which is still in process.

There are also a fewtemporary measures for the collection of biometric dataalways in place for special situations.

On July 15, 2020, in response to closures and service disruptions related to the COVID-19 pandemic, Immigration, Refugees and Citizenship Canada (IRCC) introduced a policy to temporarily exempt individuals applying for temporary residence in Canada from providing biometric data.

Temporary resident applicants can provide their biometrics at one of 70 Service Canada Center collection sites across Canada. Applicants mustmake an appointmentbefore visiting abiometric data collection site.

Candidates who must provide their biometric dataas part of their application for temporary residence must pay the biometric fee when submitting their application. They will then receive a biometric instruction letter by email. Informations abouthow to give biometricsis available online.

Ireland: Assessment of shortage occupations

The Department for Enterprise, Trade and Employment (DETE) has opened registration for submissions from industry representatives and stakeholders on the nature and extent of skills shortages.

In order to maintain the relevance of the work permit occupational lists (List of Essential Skills OccupationsAndList of ineligible occupations) and to ensure that the system is aligned with current labor market information, the lists undergo periodic evidence-based review.

• Occupations on the list of critical skill occupations are highly skilled occupations that experience labor or skill shortages in terms of qualifications, experience or skills and are necessary for the proper functioning of the Irish economy.
• Occupations on the list of ineligible occupations are occupations for which there is evidence that there are more than enough Irish/EEA workers available to fill those vacancies, and therefore a work permit will not be granted in Ireland.
• Any other job in the labor market, where an employer cannot find a worker, may be eligible for a work permit. The employer must do a labor market needs test to see if there is someone in the state/EEA who could fill the vacancy. If no qualified person applies for the job, the employer is free to apply for a work permit.

Interested parties should register their email address via email.

United States: H-1B registration period

On March 1, 2023, United States Citizenship and Immigration Services (USCIS) opened the initial registration period for fiscal year 2024H-1Bcap. The initial registration period will continue until March 17, 2023 at noon EST inclusive. During this period, potential applicants and representatives will be able to complete and submit their registrations using the USCIS H-1B online registration system.

Prospective H-1B cap applicants or their representatives are required to use an amyUSCISonline account to register each beneficiary electronically for the screening process and pay the associated $10 H-1B registration fee for each registration. submitted on behalf of each beneficiary. Prospective claimants submitting their own records (US employers and US agents, collectively known as registrants) must use a registrant account.

Potential petitioners or their representatives may submit applications for multiple grantees in a single online session. Through the account, they can prepare, edit and store entry projects prior to final payment and submission of each entry.

If USCIS receives enough registrations by March 17, 2023, it will randomly select registrations and send selection notifications through users’ myUSCIS online accounts. If USCIS does not receive enough registrations, all registrations that were properly submitted during the initial registration period will be selected. USICS intends to notify account holders by March 31, 2023.

An H-1B cap subject petition, including a petition for a beneficiary eligible for the higher degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition has been selected in the H-1B enrollment process.

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