Global immigration news
Smith Stone Walters| 3 January 2023
This week, the Global
Immigration team at Smith Stone Walters would like to highlight the following
recent updates from the European Union, Ireland, Lithuania and New Zealand.
European Union: Croatia
becomes latest Schengen country
The European Council has
decided to extend the Schengen Area to Croatia, but not yet to Bulgaria or
Romania.
From 1 January 2023, checks
on persons at internal land and sea borders between Croatia and the other
countries in the Schengen area will be lifted. Checks at internal air borders
will be lifted from 26 March 2023, given the need for this to coincide with the
dates of IATA summer/winter time schedule. From 1 January 2023, Croatia will
also start to issue Schengen visas and will be able to make full use of the
Schengen Information System.
Since its accession to the
EU, Croatia has applied parts of the Schengen acquis, including those related
to the external border controls, police cooperation and the use of the Schengen
Information System.
Ireland: Single application
procedure for employment permits and immigration permissions
The Irish government has
agreed in principle to develop a single application procedure for employment
permits and immigration permissions. An interdepartmental working group will be
established to develop an implementation plan and associate timeframes.
Currently to work in
Ireland, a person from outside the European Economic Area has to first make an
application to the Department of Enterprise, Trade and Employment for a work
permit, and then make a second application to the Department of Justice for an
immigration permission.
Eight weeks is the average
processing time cited by the Department of Justice for employment and study
visas. The processing time can vary across the visa office and embassy network
depending on local circumstances.
All Employment Permit
applications are currently being processed in between 3 and 5 business days by
the Department of Enterprise, Trade and Employment.
Lithuania: Temporary
residence permits to be issued in 34 countries from 2023
From 2 January 2023,
foreign nationals can apply for temporary residence permits in 34 different
countries via VFS Global offices. Previously, applications for a temporary
residence permit could only be submitted by booking an appointment at the
Migration Department after the applicant had legally arrived in Lithuania.
Citizens of all foreign
countries can apply to VFS Global offices, regardless of whether they reside in
the country where such services are provided.
Countries where VFS Global
will have offices include Albania, Argentina, Armenia, Australia, Azerbaijan, Brazil,
Canada, Georgia, India, Israel, Japan, Jordan, Kazakhstan, Kyrgyzstan, Libya,
Malaysia, Moldova, Nepal, New Zealand, Philippines, Singapore, Republic of
South Africa, South Korea, Sri Lanka, Taiwan, Tajikistan, Thailand, Turkey,
Ukraine, United Arab Emirates, United Kingdom, United States of America,
Uzbekistan, Venezuela.
VFS Global is authorized to
provide customers with information on the procedure for issuing temporary
residence permits, accept applications and mandatory documents, collect personal
and biometric data, and transfer them to the Migration Department. In all
cases, decisions on the issuance or non-issuance of a temporary residence
permit will be made by the Migration Department in 1 to 3 months.
VFS Global will also be
obliged to collect Lithuanian state fees for the services. Acceptance,
examination, decision-making and document issuance of an application for a
temporary residence permit are generally charged at 120 euros.
After the Migration
Department makes a decision to issue a temporary residence permit in Lithuania,
the produced card will be sent to the applicant, who will be able to enter
Lithuania with a valid residence permit and will not need to obtain an
additional visa. If a foreign national has a visa that entitles them to enter
Lithuania, or uses the visa-free regime, they will be able to pick up an
already-issued temporary residence permit card in Lithuania.
In addition, from 2 January
2023, amendments to the Law “On the Legal Status of Foreigners” enter into
force, according to which the deadlines for examining applications for
temporary residence permits are shortened by 1 month.
New Zealand: Range of visa
updates announced
Several changes to New
Zealand’s immigration rules were announced in December 2022.
Straight to Residence Green
List pathway
From 15 December 2022,
registered nurses and midwives will move from the Work to Residence to the
Straight to Residence Green List pathway. All medical doctors will also be
included on the Straight to Residence pathway. From March 2023, auditors will
also be added to the Straight to Residence Green List pathway.
Work to Residence Green
List pathway
It was also announced that
the following professions will be added to the Work to Residence Green List
pathway from March 2023:
- Civil
construction supervisors
- Gasfitters
- Drainlayers
- Skilled
crane operators
- Skilled
civil machine operators
- Halal
slaughterers
- Skilled
motor mechanics
- Skilled
telecommunications technicians
- All
secondary school teachers (in addition to the specialisations already on
the Green List)
- Primary
school teachers
The Green List will next be
reviewed in mid-2023
Open Work Visa for people
unable to use Post Study Visas in 2020–2021
People who held a Post
Study Work Visa but were unable to use it due to the border closing in March
2020 will be eligible for a 12-month Open Work Visa if they’re not already in
New Zealand on another visa.
Pathway for Critical
Purpose Visitor Visa holders staying in same role
The government is
introducing a streamlined Specific Purpose Work Visa that long-term critical
workers can apply for to allow them to continue to work in their current role
for up to three years.
The process will be
streamlined, so the only employment-related information an applicant needs to
provide is a letter from their employer confirming that they remain employed in
the same role and on the same (or better) conditions as those that were
approved in the Critical Purpose Visitor Visa application.
Accredited Employer Work
Visa (AEWV) employer accreditation extension
Employer accreditations
under the Accredited Employer Work Visa will automatically be extended by 12
months if their first accreditation is applied for by 4 July 2023.
This one-off extension will
provide employers with certainty as we head into 2023 that they will continue
to have access to skilled labour without the additional cost and administrative
burden of reapplying for accreditation.
Expansion of the
accreditation system to cover all migrants, including those with open work
rights will be deferred until 2024. The delay will allow Government to progress
other priorities like the review of the Skilled Migrant Category and family and
partnership immigration settings.
Sector Agreement for bus
and truck drivers
Bus and truck drivers will
have a time limited residence pathway through a sector agreement. Officials
will consult with transport sector representatives in the development of the
agreement.
www.samigration.com