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Immigration: Latest reforms from Canada and the United States to Australia

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Written byAsaël Häzaqon 02 July 2024

With the streamlining of visa procedures, the creation of new residence permits, the strengthening of partnerships between countries, and restrictions on expatriate workers, among other measures, immigration remains a critical issue in many countries. Here's an overview. 

Canada

A new immigration system introduced for caregivers

The Minister of Immigration, Marc Miller, announced the implementation of 2 new immigration pilot programs for caregivers and aides. These replace the previous Home Child Care Provider and Home Support Worker pilot projects. These pilot programs could become permanent. Miller emphasized the crucial role of caregivers and aides in Canadian families. The 2024–2026 immigration plan anticipates over 15,000 permanent resident spots for caregivers.

The new pilot programs aim to grant permanent residence to foreign workers in the home care sector. The government is also exploring other opportunities for foreign workers, such as caring for convalescing individuals after illness or injury, or providing part-time care for semi-autonomous patients.

To be eligible, foreign candidates must be experienced, have a full-time job offer for home care, have at least a secondary school diploma, and achieve at least level 4 on the Canadian Language Proficiency Test. The government promises to provide more details later. Miller's announcement aims to address concerns from organizations supporting foreign workers, advocating for more equitable programs for caregivers. They mainly target the experience requirement, which was reduced from 2 years in the previous pilot program to 1 year. These associations believe that foreign caregivers deserve better recognition, therefore making it easier to obtain permanent residence.

Proposed reform of Post-Graduate Work Permit

The federal government and provinces are currently discussing the reform the Post-Graduate Work Permit (PGWP). The goal is to enhance efficiency by issuing PGWPs based on labor market needs. Access would be facilitated for graduates in sectors facing shortages but restricted for others. Canada aims to implement the new system by January 2025.

Pinpointed for tightening its policies and reneging on its principles, the Immigration Ministry insists on trying to improve the integration of international students into the job market. It is easier to find employment in a sector experiencing shortages. According to government figures, there has been a 214% rise in the number of work permits issued under the PGWP between 2018 and 2023. However, critics fear new restrictive measures similar to the introduction of quotas for international students (since January 2024).

Labor shortage in British Columbia

British Columbia is seeking foreign workers, especially in health care and construction. To facilitate the recruitment of foreign professionals, British Columbia has enacted a new law on the recognition of international diplomas. Effective July 1, 18 professional organizations in the Canadian province will be allowed to remove barriers preventing foreign workers from immigrating. Twenty-nine professions are affected, including engineers, early childhood educators, and paramedic ambulance attendants.

For the provincial government, the lack of diploma recognition hampers the province's growth. However, according to the Ministry of Education, nearly 428,000 workers in British Columbia studied abroad. Almost 1 million positions will be vacant in 10 years due to retirements and demographic decline. The law removes the requirement for Canadian work experience (deemed discriminatory) and the language requirement. An office will ensure the law's proper implementation.

Are we close to the end of Closed Work Permits?

A recent Senate Standing Committee on Social Affairs, Science, and Technology report recommends that the Immigration Ministry end the Temporary Foreign Worker Program (TFWP). Originally intended as a last resort for companies facing personnel crises, the TFWP has become their primary means of recruiting foreign workers. Jobs offered under the TFWP are closed: expatriates are required to work for a single employer during their stay in Canada. The system is considered less protective and more precarious. Expatriates who lose their jobs risk having to leave the country, but there are some exceptions, particularly in cases of abusive employer practices.

The report highlights that the TFWP, intended as an exception, has also become a common pathway to permanent residence. However, other avenues are open to them, such as the Express Entry system. According to the study, the system fails to convince employers and expatriates. They urge the government to phase out closed permits within 3 years and propose the introduction of regional permits to better target provincial needs. Another report from the Cooper Institute, a charitable organization, urges the government to grant permanent residency to all temporary workers to end rights inequalities (compared to Canadian workers) and better protect them.

Temporary immigration rise in Quebec

Immigration issues exacerbate tensions between the federal government and Quebec. According to Statistics Canada, the proportion of non-permanent residents doubled from 3.3% to 6.6% between 2021 and 2024. The official national agency counted 597,140 non-permanent residents in Quebec in the second quarter of 2024, which is more than in 2023 and 2022 during the same period (respectively 421,149 and 295,147 non-permanent residents). A slight majority came with a work permit (43%), while other residents are asylum seekers (32%), international students (12%), and foreigners combining study and work permits (9%).

Quebec's Minister of Immigration, Christine Fréchette, believes that immigration levels are too high and urges the federal government to review its policies for a better distribution of asylum seekers and to "reduce the number of non-permanent residents." The minister blames the housing crisis on the rising number of foreigners in the province, just like Quebec Premier François Legault. Federal Immigration Minister Marc Miller disputes Quebec's conclusion and reminds that housing problems existed well before the rise in immigration numbers. The Trudeau government relies on various reforms implemented since the beginning of the year to regulate immigration levels and better welcome foreigners.

United States

Freezing of nurses' visas

The freezing of nurse visas until the end of the year has recently been announced. The decision surprises and worries healthcare professionals, as the United States still faces a shortage of nurses, a situation that has worsened since the pandemic. According to the executive branch, 100,000 nurses left their jobs during this period due to stress and burnout. Over 600,000 are expected to leave their positions by 2027 for similar reasons (and retirement). Nurses come to the United States via the EB-3 visa. However, only 40,000 are issued annually, and this figure has hardly changed since the visa's creation in 1990.

Opposed to the measure, the American Association of International Healthcare Recruitment and the American Health Care Association/National Center for Assisted Living urge the government to implement the resilience bill. Introduced last year, the bill is expected to recover unused green cards (about 25,000) and redistribute them to nurses and doctors. They emphasize the essential role of foreign nurses (16% of the country's nurses are foreign) in a chronically stressed healthcare system. According to the US Chamber of Commerce, the country needs 193,100 nurses annually, at least until 2032. However, its forecasts aim for just under 180,000 hires, a volume insufficient to meet current shortages. At least 42 states are at risk of acute nurse shortages by 2030.

Extension of H-1B and L-1 Visa Fees

The US Department of Homeland Security (DHS) announced a $4,000 fee for any extension of the H-1B visa (skilled worker visa). Fees increase to $4,500 for L-1 visa extensions (transfer of employees to a US subsidiary or branch). Applying from July 8, the new fees are part of a broad plan to combat tax fraud. Currently, only companies with more than 50 employees and more than 50% hired with H-1B and L-1 visas are required to pay these fees. DHS aims to extend the rule to all extension requests. However, companies that regularly hire expatriates with these visas warn that this is a bad idea. The H-1B visa is widely used, especially in the Tech sector. The fee rise will be unsustainable for many companies, and may result in a decrease in hiring foreign talent.

United Kingdom

Work visa: Sponsorship rules for businesses simplified

Engaged in an immigration reduction policy, the British government has made a move in favor of businesses hiring expatriates. Since April 6, these businesses no longer need to renew their Sponsor License every 4 years.

Companies and expatriates are welcoming the news with relief. The previous system was very stringent, requiring employers to renew their license 90 days before its expiration, with high fees (£536 to £1476) and long processing times (up to 8 weeks). Since Brexit, British employers have not been able to retain foreign workers without this sponsorship license, whether they are from the European Union (EU) or not. The measure also affected educational institutions (language schools, for example), which were required to obtain a sponsorship license to hire foreign teachers.

Under the new system, expired sponsorship licenses are automatically extended for 10 years. Currently valid licenses will also be extended automatically, with the sponsorship fees covered by the Home Office. Businesses are encouraged to check their license status on the Sponsorship Management System website.

A decrease in the recruitment of foreign workers considered

Determined to regain power (general elections are on July 4), the Labour Party does not intend to unravel Conservative reforms. On the contrary, the party leader, Keir Starmer, pledges to reduce immigration numbers with a focus on foreign workers. The Labor Party wants to increase training for British citizens to minimize the need for foreign labor. Non-compliant businesses would no longer be able to sponsor visas for foreign workers.

The Labour Party proposes enhancing training for British citizens in four key sectors currently facing labor shortages: healthcare, construction, social services, IT, and engineering. These sectors would benefit from a "workforce plan" aimed at promoting training and recruitment of British citizens. Furthermore, companies refusing to participate in the plan would be removed from the occupation shortage list, thus making them unable to recruit foreign workers.

This reform should compel employers to hire locals. However, businesses fear a slowdown in growth because training British citizens takes time. Unlike the Sunak government, the Labour Party does not wish to set a specific numerical target for reducing migration. Conversely, the Conservatives promise further reductions in visa numbers if they remain in power.

Austria: Visas for foreign talents in tension sectors made more accessible

Labor shortages are a significant challenge for Austrian companies. The country needs more foreign workers than ever, with some sectors particularly affected by the shortage.

Statistics Austria, the national statistics agency, counted 196,400 vacant positions in the first quarter of 2024, an 8.5% increase from the previous quarter. Services, manufacturing, and the public sector are the most affected sectors. The country seeks qualified professionals in site supervision, electronics, welding, sheet metal work, mechanical, electronic and electrical engineering, cooking, plumbing, carpentry, and care (nurses, general practitioners and midwives).

To work in Austria, non-European foreigners must apply for a D visa (long-term visa). However, highly qualified professionals can obtain a Red-White-Red Card. Established in 2011, this card, based on a points system, allows non-European foreign talents to immigrate immediately. However, it is linked to the employer. Red-White-Red Card holders are not subject to the mandatory "knowledge of German language before arrival" test (Deutsch vor Zuzug). Nonetheless, knowing German and/or English grants additional points. Austria, losing residents, relies on foreign workers to support its economy and demographics, betting on high salaries in certain shortage sectors (over €160,000 annually for general practitioners, nearly €70,000 for nurses, and over €50,000 for plumbers) to attract foreign talent.

Germany: Visa procedures streamlined for skilled foreign workers

Foreign Minister Annalena Baerbock welcomes the new visa processing times: 2 weeks, down from 9 months, highlighting the digitization and centralization of procedures. The government hopes to achieve a fully digital procedure by 2025. According to the minister, the Federal Office for Foreign Affairs, responsible for processing visa applications (in partnership with immigration services abroad), is the "largest visa service" in the world.

Facing demographic challenges and labor shortages, Germany needs 400,000 foreign workers per year. Baerbock expects a 63% rise in visa issuances. The German government counts on its immigration reform (passed in 2023) to welcome more qualified foreigners. According to the Chamber of Commerce and Industry, the country will need 7 million additional workers by 2035.

Schengen visa fees: Increases and exemptions

Schengen visa fees have increased by 12.5% since June 11. It now costs €90 for adults (up from €80 previously) and €45 for children (up from €40 previously). Fees will increase to €135 or €180 for nationals from countries that have refused to cooperate with the EU. These are third countries that have refused to accept their nationals under an obligation to leave the territory (OQTF). Visa applications submitted after June 11 are subject to the new fees.

However, not all categories are affected. Nationals of countries having visa facilitation agreements with the EU will still benefit from a fixed, reduced rate of €35, namely Armenia, Azerbaijan, Belarus (leaders are exempt from facilities), and Cape Verde. Eight other countries benefit from the fixed rate: Albania, Bosnia-Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia, and Ukraine. These 8 states have signed agreements to enter the EU without a visa but have not yet implemented the biometric passport.

Nothing changes for categories already exempt from visa fees, including holders of diplomatic passports, families of European, Swiss, Norwegian, Liechtenstein, and Icelandic citizens (regardless of their nationality), or students.

Visa refusals: UK and EU blamed for discriminatory practices

The issue concerns African and Asian artists, in particular, who are increasingly denouncing "humiliating" practices by British and European authorities. According to a study by Lago Collective, a research and creation agency, the UK collected £44 million in visa application fees in 2024, while the EU collected £110 million. However, these figures account for rejected visa applications since fees are non-refundable. The study points out that the money collected mainly comes from low-income countries, considering that visa fees are likely to increase again in 2024. In 2023, they went from £110 to £115 in the UK and from €80 to €90 in the EU.

The study also highlights that African artists are most affected by visa refusals (40–70% refusal rates). The EU rejects many visa applications from Senegalese, Nigerian, and Ghanaian artists (40–47%). In the UK, Algerian nationals have the highest refusal rate (71%), followed by Bangladesh (53%). With exorbitant visa fees and disproportionate refusal rates, performing in the UK or EU would be a real achievement. However, European and British artists have less difficulty performing in Africa and Asia. For the Lago Collective, this is a consequence of the visa hierarchy, which affects least-developed countries.

Visa and residency permit solutions for audiovisual professionals in Spain

The audiovisual sector is one of the pillars of the Spanish economy. Continuously growing, it needs more foreign talent. The country has relaxed immigration laws, considering sector constraints (hiring within very short deadlines, international projects requiring travel outside Spain, etc.). The audiovisual sector covers a wide range: cinema, television, video games, eSports, advertising, animation, video on demand (VOD), etc.

The new immigration solutions are more flexible, adaptable, and straightforward. Non-European foreign talents no longer have to apply for a work permit. They can choose from 3 options, depending on their stay duration in Spain. A work permit is not necessary for stays of up to 90 days. However, non-European foreigners needing a Schengen visa must apply before arriving in Spain. A special visa has been created for medium stays (91-180 days). Long stays (over 180 days) also benefit from a dedicated permit: a single permit combining a 2-year stay and work, renewable for 2-year periods.

These advantages for foreign audiovisual talents are part of the Spain Audiovisual Hub Plan presented by the Sánchez government in March 2021, aiming to make the country a leader in audiovisual production. A €1.603 billion budget has been allocated to increase Spanish production by 30% by 2025.

Portugal tightens immigration rules for foreign workers

The Portuguese government has introduced a new rule requiring expatriate applicants to obtain a work visa before arriving in Portugal. Previously, non-European foreigners could enter the country with a tourist visa and then apply for a residence permit after securing employment. The government aims to regulate immigration better to protect foreign nationals, as moving abroad without certainty of finding a job makes them more vulnerable. The reform aims to prioritize certain categories of foreigners: nationals from Portuguese-speaking countries, highly skilled workers, and students.

The measure is also seen as a response to the significant increase in expatriates in Portugal: up 33% in 2023, according to government figures, making up 10% of the total population. The Portuguese economic boom has its downsides. Locals regularly protest against skyrocketing rents and call for a reduction in tourist accommodations. They criticize the government's policies aimed at attracting foreign investments.

Italy

Reforms ahead for the "Decreto flussi"

On Tuesday, June 4, Prime Minister Georgia Meloni announced a reform to combat the resurgence of criminal mafia networks employing undocumented immigrants. According to her, unscrupulous employers exploit loopholes in the system, demanding up to €15,000 in exchange for a work permit. While Meloni highlighted this issue during the European elections, the practices have been known for over 10 years.

The Prime Minister has not yet provided details of the reform. Revised annually, the current work visa quota system (Decreto flussi) targets sectors chronically short of labor: agriculture, tourism, heavy industry, and healthcare. While the Meloni government is in favor of reduced immigration, behind the scenes, Decreto flussi quotas are on the rise: the 2024 quota (151,000 places) surpasses that of 2023 (136,000 places), which is well above pre-Covid levels (around 31,000 in 2018 and 2019). In fact, no one checks if the employer who applies for the visa accompanies the employee to the immigration office to sign the employment contract within 8 days of their arrival. According to the organization defending the rights of expatriate workers, Ero Straniero, only 23.5% of Decreto Flussi visas comply with the procedure.

Digital nomad visa rules updated

Announced in 2022, Italy's digital nomad visa program only became effective in March 2024. Few details were available, particularly regarding eligibility criteria. In June, the government specified that this visa targets non-European foreign talents, allowing them to stay in Italy for up to one year. Applicants must be skilled professionals and meet the requirements for obtaining a European Blue Card. They must hold a higher education degree, have at least three years of post-secondary qualification, or demonstrate five years of professional experience.

The government announced other significant updates regarding immigration: Holders of residence permits resulting from citizenship applications may work while their application is pending. However, dependents must apply for a visa for "family reasons" (D-type visa) for stays exceeding 90 days. This change took effect on June 1. Finally, the government introduced a new online work permit application procedure reserved for intra-company work permits without quotas.

African countries consider a Schengen-style visa

African countries are joining forces to attract more foreign nationals. Botswana, Angola, Zambia, Namibia, and Zimbabwe, countries in the "Kavango-Zambezi (KaZa)" region (Southern Africa transboundary region), have announced the creation of a common "Schengen-style" visa. Foreigners will no longer need to apply for a visa per country; they will be able to travel to all 5 countries with the same visa. This would actually be an extension of an existing single visa program: "KaZa Univisa", which allows foreigners to visit Zambia and Zimbabwe without a visa. The new project aims to extend visa exemption to Angola, Botswana, and Namibia. Ultimately, the 5 countries plan to extend the single visa to the 16 states of the Southern African Economic Community and the Indian Ocean (SADC).

Reduced processing times for work and residence permits in the UAE

The United Arab Emirates (UAE) has reduced processing times for work permits and residence visas from 30 to 5 days. The country boasts the success of Work Bundle, an online program jointly operated by several ministries and federal authorities (Ministry of Human Resources and Emiratisation, Abu Dhabi Health Ministry, Federal Authority for Identity, Citizenship, Customs, and Ports Security), designed to expedite the recruitment of foreign workers and renewals for those who are already employed.

The new online platform is available to businesses and foreign professionals (simplified application forms). Before the Work Bundle, they had to deal with multiple services separately. Streamlining procedures and eliminating redundancies (where the same documents might be requested by different services) helps cut down processing time. Rolled out across the 7 Emirates, Work Bundle targets some 600,000 businesses and over 7 million workers. A mobile application will be launched soon. Phase 2 of the program was launched in April, exclusively in Dubai.

"Mustaqel": Qatar's new visa to attract foreign talent

Launched in early June by the Qatari Ministry of Labor, the Mustaqel visa serves a dual purpose: attracting foreign talent and supporting the national and international economy. Competing with the UAE and Saudi Arabia, Qatar relies on this new visa to attract foreign talent. Mustaqel targets two categories of foreign professionals: entrepreneurs and talents (in arts, entertainment, technology, and sports). Entrepreneurs must receive approval from business incubators based in Qatar. The same applies to talents, who must go through competent Qatari authorities.

Application procedures have been streamlined. The fees are 5,000 Qatari riyals (approximately $1,370) for the entrepreneur visa and 4,000 Qatari riyals (approximately $1,096) for the talent visa. Moreover, visa fees are refunded if the application is rejected. The Mustaqel visa grants residency and allows family members to be sponsored. It aligns with Qatar's National Vision 2030, aiming to strengthen the country's presence on the international stage through international mobility and diversification of its economy.

Australia

Filipinos are now eligible for the Working Holiday Visa  

Starting July 1, Filipino nationals can apply for a Working Holiday visa in Australia (subclass 462). Many Filipinos work in Australia, with the government counting 320,000 as of June 2022. According to the Ministry of the Interior, Filipinos represent the fifth largest expatriate community in the country. The bilateral agreement with the Philippines aims to strengthen ties between the two countries.

Conditions are similar to general rules for the Working Holiday visa. Filipino applicants must be aged between 18 and 30. They must also have a higher education degree (university level or equivalent) or have completed at least 2 years of post-secondary or undergraduate study. The WHV is issued for one year and allows holders to work (short-term employment) to fund their travel and explore Australia.

Qualified worker visa application conditions updated

The Australian government has implemented additional measures effective July 1. These measures are part of the immigration reform presented on December 11, 2023. The state aims to attract more skilled foreigners while regulating immigration levels. A May 14 adjustment specifies that the state will open 185,000 spots for its 2024-2025 immigration plan. The Ministry of the Interior announced new rules for skilled temporary worker visas (subclass 457), temporary visas for skilled labor shortages (subclass 482), and regional employer-sponsored visas (subclass 494).

Holders of these visas who cease working with their sponsoring employer will have more time to find a new one, change visas, or leave the country. They will now have 180 days (up to a maximum of 365 days) during which they can work in sectors different from their previous sponsored employment. However, they are prohibited from working in regulated sectors (licensed professions). Companies have 28 days to report changes in status to the Ministry of the Interior. The government aims to end unfair practices observed in the labor market and improve working conditions for expatriates.

End of "Visa Hopping"

Australia has put an end to "visa hopping,"  as announced on June 12. The program has been allowing visitors with a visitor visa to apply for a student visa. Foreign graduates are the most affected, as they can no longer switch visas to extend their studies in Australia. According to government figures, visa hopping has significantly increased, with over 36,000 applications received between July 2023 and May 2024. The number of international students who held another visa before their student visa surged by 30% (approximately 150,000 individuals) between 2022 and 2023. However, some argue that many young foreign talents come to Australia as tourists to assess the possibility of studying and evaluate the cost of their studies. Costs have been rising steadily since the health crisis. The government's measure is seen as counterproductive as it prevents sought-after foreign talents from visiting the country. The measure is also strongly criticized by businesses, who view it as a threat to economic activity and note a lack of genuine statistical evidence from the government. Other restrictions were enacted in March 2024, such as reduced post-study work rights or the setting of age limits for certain visas.

New rules for Temporary Graduate Visa Holders

The end of visa hopping comes with additional measures to prevent international students holding a temporary visa from remaining in the country after obtaining their degree. According to the government, some students were extending their stay "indefinitely" when they no longer had reasons to remain. These rules are part of the government's plan to reduce immigration levels significantly. Starting July 1, students holding temporary graduate visas will no longer be able to pursue further studies upon the expiration of their visa. According to the government, some graduates were using the system to extend their stay in Australia due to difficulties in finding qualified employment. Opponents criticize a system that overlooks the challenges faced by foreign graduates in integrating into the Australian job market.

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About

I'm the holder of a Master's degree in Law - Political Science as well as a diploma from the Japanese Language Proficiency Test (JLPT) N2, and have worked as a communications officer. I have over 10 years' experience as a web copywriter.

Comments

  • njadwriter
    njadwriter5 months ago

    Thanks, this is very helpful. Are there any changes to the non-lucrative visa for Americans moving to Spain. Thanks, Robert Kramer

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